Service Level Agreement Template Nz

SERVICE LEVEL AGREEMENT (SLA)

THIS SERVICE LEVEL AGREEMENT (the "Agreement") is made and entered into this ______ day of __________________, 20____ (the "Effective Date").

BETWEEN:

1. THE SERVICE PROVIDER: __________________________________________________________ (Company Name), a company incorporated in New Zealand, having its registered office at __________________________________________________________ ("Provider").

2. THE CLIENT: __________________________________________________________ (Company Name), a company incorporated in New Zealand, having its registered office at __________________________________________________________ ("Client").

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1. SCOPE OF SERVICES

The Provider agrees to perform the services described in Schedule A (the "Services") in accordance with the standards and performance metrics set forth herein.

2. TERM

This Agreement shall commence on the Effective Date and shall continue for a period of ______ months, unless terminated earlier in accordance with the provisions of this Agreement.

3. SERVICE LEVELS AND PERFORMANCE METRICS

The Provider shall use all reasonable commercial efforts to meet the following Service Level Objectives (SLOs):

• Availability: The Services shall be available ______% of the time, excluding Scheduled Maintenance.
• Response Time: The Provider shall respond to support requests within ______ business hours.
• Resolution Time: The Provider shall resolve critical issues within ______ business hours.

4. SERVICE CREDITS

In the event the Provider fails to meet the specified SLOs, the Client shall be entitled to a service credit as follows:

• Failure to meet Availability: __________________________________________________________
• Failure to meet Response/Resolution Times: __________________________________________________________ Service credits shall be the Client’s sole and exclusive remedy for any breach of the SLOs.

5. FEES AND PAYMENT

The Client shall pay the Provider a monthly service fee of $__________ (exclusive of GST). Invoices shall be payable within ______ days of the date of the invoice.

6. EXCLUSIONS

The Provider is not liable for failures caused by: a) Force Majeure events; b) Misuse or alteration of the Services by the Client; c) Failures in third-party software, hardware, or internet connectivity beyond the Provider's reasonable control.

7. CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed by the other party and shall use such information only for the purposes of performing its obligations under this Agreement.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by the Contract and Commercial Law Act 2017 and the Consumer Guarantees Act 1993 (if applicable), the Provider’s total aggregate liability under this Agreement shall not exceed the total fees paid by the Client in the ______ months preceding the event giving rise to the claim.

9. TERMINATION

Either party may terminate this Agreement upon ______ days' written notice if the other party commits a material breach of this Agreement and fails to remedy such breach within ______ days of receiving written notice.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.

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SIGNATURES

Signed for and on behalf of the Service Provider:

Signature: __________________________
Name: _______________________________
Title: ________________________________
Date: _________________________________

Signed for and on behalf of the Client:

Signature: __________________________
Name: _______________________________
Title: ________________________________
Date: _________________________________

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SCHEDULE A: SCOPE OF SERVICES

__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________