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System Availability SLA for Germany

System Availability SLA Template for Germany

A System Availability Service Level Agreement (SLA) governed by German law that establishes specific, measurable commitments for system uptime and performance. This document defines the service provider's obligations regarding system availability, measurement methodologies, reporting requirements, and remedies for service level breaches. It incorporates German legal requirements, including IT contract law provisions, data protection regulations, and specific technical standards. The agreement includes detailed service credit calculations, escalation procedures, and technical specifications while ensuring compliance with German civil code requirements for service contracts.

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What is a System Availability SLA?

This System Availability SLA template is designed for use in the German market where specific legal requirements govern IT service contracts and data protection. The document is typically used when establishing or formalizing service level commitments between technology service providers and their customers, particularly for critical systems where availability is essential. It includes comprehensive provisions for measuring and reporting system availability, calculating service credits, and managing incidents, all aligned with German legal standards and business practices. The document incorporates requirements from the German Civil Code (BGB), IT Security Act 2.0, and where applicable, GDPR requirements, making it suitable for both domestic and international service relationships within German jurisdiction.

What sections should be included in a System Availability SLA?

1. Parties: Identification of service provider and customer with full legal details

2. Background: Context of the agreement and relationship between parties

3. Definitions: Detailed definitions of technical terms, service levels, and measurement metrics

4. Service Levels: Specific availability commitments, calculation methods, and measurement periods

5. Measurement and Monitoring: Procedures for measuring and monitoring system availability

6. Reporting: Frequency and format of service level reports

7. Service Credits: Calculation and application of service credits for missed SLAs

8. Exceptions and Force Majeure: Circumstances excluded from SLA calculations

9. Support and Response Times: Response and resolution times for different incident priorities

10. Term and Termination: Duration of the SLA and termination provisions

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a System Availability SLA?

1. Data Protection: Required if personal data processing is involved in service delivery or monitoring

2. Security Requirements: Include for systems handling sensitive data or critical infrastructure

3. Disaster Recovery: Required for critical systems requiring specific recovery commitments

4. Change Management: Include when system changes need specific governance

5. Customer Obligations: Include when customer has specific responsibilities affecting availability

6. Subcontractors: Required if service provider uses third-party services affecting availability

What schedules should be included in a System Availability SLA?

1. Schedule 1 - Service Level Definitions: Detailed technical definitions and calculation methodologies

2. Schedule 2 - Service Credit Calculation: Detailed formulas and examples for service credit calculations

3. Schedule 3 - Technical Infrastructure: Description of systems and components covered by the SLA

4. Schedule 4 - Reporting Format: Templates and specifications for service level reports

5. Schedule 5 - Escalation Procedures: Contact details and procedures for different escalation levels

6. Appendix A - Measurement Tools: Specifications of tools and methods used for availability measurement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions





































Clauses






























Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

E-commerce

Telecommunications

Government

Energy

Transportation

Insurance

Education

Relevant Teams

Legal

Information Technology

Operations

Procurement

Risk and Compliance

Service Delivery

Infrastructure

Customer Success

Technical Support

Contract Management

Relevant Roles

Chief Technology Officer

IT Director

Service Delivery Manager

Operations Manager

Legal Counsel

Procurement Manager

Contract Manager

System Administrator

Infrastructure Manager

Risk Manager

Compliance Officer

Technical Account Manager

Service Level Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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