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Data Center Service Level Agreement for the United States

Data Center Service Level Agreement Template for United States

A Data Center Service Level Agreement is a comprehensive legal document governed by U.S. federal and state laws that establishes the terms and conditions for data center services. It defines performance metrics, security requirements, and service standards while ensuring compliance with regulations such as HIPAA, GLBA, and state-specific data protection laws. The agreement includes specific provisions for uptime guarantees, disaster recovery, incident response, and data protection measures.

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What is a Data Center Service Level Agreement?

The Data Center Service Level Agreement is essential for organizations requiring professional data center services in the United States. This document is used when a business needs to establish clear performance metrics, security standards, and operational requirements for their data center services. It addresses crucial aspects such as uptime guarantees, disaster recovery, compliance with federal and state regulations, and data protection measures. The agreement is particularly important given the increasing reliance on digital infrastructure and the complex regulatory landscape governing data storage and processing in the U.S.

What sections should be included in a Data Center Service Level Agreement?

1. Parties: Identification of the data center service provider and the customer, including legal entity details

2. Background: Context of the agreement and brief description of services to be provided

3. Definitions: Key terms used throughout the agreement, including technical and operational terminology

4. Service Description: Detailed description of data center services, including facility specifications and core offerings

5. Service Levels: Specific performance metrics, uptime guarantees, and measurement methodologies

6. Security Requirements: Physical and digital security measures, access controls, and compliance standards

7. Data Protection: Data handling procedures, privacy requirements, and compliance obligations

8. Term and Termination: Duration of agreement, renewal terms, and termination conditions

What sections are optional to include in a Data Center Service Level Agreement?

1. Environmental Controls: Requirements for temperature, humidity, and environmental monitoring when customer has specific facility requirements

2. Cross-Border Data Transfer: Requirements and procedures for international data movement and compliance with cross-border data regulations

3. Industry-Specific Compliance: Additional compliance requirements for specific industries such as healthcare (HIPAA), financial services (GLBA), or government contracts

What schedules should be included in a Data Center Service Level Agreement?

1. Schedule 1 - Service Level Metrics: Detailed performance metrics, measurement methodologies, and reporting requirements

2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including base fees, variable charges, and payment terms

3. Schedule 3 - Technical Specifications: Detailed facility and infrastructure specifications, including power, cooling, and connectivity

4. Schedule 4 - Security Procedures: Detailed security protocols, access control procedures, and security incident response

5. Schedule 5 - Incident Response Plan: Procedures for handling service interruptions, security incidents, and disaster recovery

6. Schedule 6 - Compliance Certifications: Copies of relevant compliance certifications and audit reports

7. Schedule 7 - Exit Plan: Procedures for service termination, data migration, and facility decommissioning

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

United States

Publisher

Ƶ

Cost

Free to use
Clauses




















Industries

FISMA: Federal Information Security Management Act - Sets standards for federal information security management and protection of agency information systems

HIPAA: Health Insurance Portability and Accountability Act - Regulates the handling and protection of healthcare data, including storage and transmission requirements

GLBA: Gramm-Leach-Bliley Act - Requires financial institutions to explain their information-sharing practices and protect sensitive financial data

FTC Act: Federal Trade Commission Act - Prohibits unfair or deceptive practices in commerce, including data security and privacy practices

SOX: Sarbanes-Oxley Act - Mandates strict financial record-keeping and reporting for public companies, affecting data storage and security requirements

CCPA: California Consumer Privacy Act - Provides California residents with data privacy rights and regulates businesses' data handling practices

VCDPA: Virginia Consumer Data Protection Act - Establishes framework for controlling and processing personal data of Virginia residents

PCI DSS: Payment Card Industry Data Security Standard - Sets security standards for organizations handling credit card information

ISO 27001: International standard for information security management systems, providing framework for data center security policies

UCC: Uniform Commercial Code - Governs commercial transactions and contracts across US states

E-SIGN Act: Electronic Signatures in Global and National Commerce Act - Provides legal framework for electronic signatures and records

EPA Regulations: Environmental Protection Agency regulations affecting data center operations, including energy consumption and waste management

OSHA: Occupational Safety and Health Administration regulations ensuring workplace safety in data center environments

GDPR: General Data Protection Regulation - EU regulation affecting data centers handling European resident data, including strict data protection requirements

State Data Breach Laws: Various state-specific regulations requiring notification and response procedures in case of data breaches

SSAE 18: Statement on Standards for Attestation Engagements, providing framework for SOC reports on service organization controls

NIST Framework: National Institute of Standards and Technology cybersecurity framework providing guidelines for managing cybersecurity risks

Building and Safety Codes: Local and national regulations governing physical infrastructure, electrical systems, and fire safety in data centers

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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