Service Level Agreement Sla Examples

SERVICE LEVEL AGREEMENT

This Service Level Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date") by and between [Service Provider Name], a [State/Country] corporation with its principal place of business at [Address] ("Provider"), and [Client Name], a [State/Country] corporation with its principal place of business at [Address] ("Client"). Provider and Client are collectively referred to herein as the "Parties."

1. RECITALS

WHEREAS, Provider is engaged in the business of providing [Description of Services]; WHEREAS, Client desires to retain Provider to perform such services, and Provider agrees to perform said services under the performance standards and service levels set forth herein; WHEREAS, the Parties intend for this Agreement to govern the technical and operational standards of the professional services provided by the Provider to the Client under the jurisdiction of [Jurisdiction].

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows:

2. OPERATIONAL DEFINITIONS

1. "Availability" means the percentage of time during a calendar month that the Services are accessible and functional, excluding Scheduled Maintenance.
2. "Business Day" means any day other than a Saturday, Sunday, or a federal holiday in [Jurisdiction].
3. "Critical Incident" means a complete failure of the core Services that prevents the Client from performing essential business operations.
4. "Effective Date" is defined in the preamble above.
5. "Force Majeure" means any event beyond the reasonable control of a Party, including acts of God, war, riot, embargoes, or government regulations.
6. "Scheduled Maintenance" means pre-approved periods of downtime for system updates or maintenance, provided Client is given [Number] hours' prior notice.
7. "Service Credits" means the financial compensation provided to Client in the event Provider fails to meet the Service Levels.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Scope of Services: Provider shall deliver the services defined in Exhibit A in accordance with the standards set forth in this Agreement.
2. Performance Metrics: Provider warrants that the Services shall maintain a monthly Availability rate of no less than [Percentage]%.
3. Reporting: Provider shall provide Client with a monthly performance report within [Number] business days of the end of each calendar month, detailing actual performance against the metrics defined herein.
4. Representations: Each Party represents that it has the full power and authority to enter into this Agreement and that the execution of this Agreement does not violate any other obligation.
5. Support Tiers: Provider shall provide technical support pursuant to the following response times:
   • Critical Incidents: [Number] hours.
   • Standard Inquiries: [Number] business days.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Breach Classifications: A "Material Breach" shall include, but is not limited to, failure to meet the performance metrics for three consecutive months or failure to perform material obligations under this Agreement.
2. Notice and Cure: In the event of a breach, the non-breaching Party shall provide written notice of such breach. The breaching Party shall have a period of 30 business days from the receipt of such notice to cure the identified breach.
3. Remedies: If the Provider fails to meet the specified performance metrics, Client shall be entitled to Service Credits in the amount of $[Dollar Amount] per occurrence, which shall be the Client’s sole and exclusive remedy for performance failures.
4. Termination for Cause: If a Material Breach remains uncured after the 30-day notice period, the non-breaching Party may terminate this Agreement immediately upon written notice.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings, whether written or oral, regarding the subject matter hereof.
3. Force Majeure: Neither Party shall be liable for any delay or failure to perform its obligations hereunder to the extent such delay or failure is caused by an event of Force Majeure.
4. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
5. Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be submitted to binding arbitration in [Jurisdiction] in accordance with the rules of the [Arbitration Association]. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Service Level Agreement as of the Effective Date.

[Service Provider Name]

Signature: ___________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________

[Client Name]

Signature: ___________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________