Uptime Guarantees | Response Times | GDPR Art.28 Compliance | Service Credits
This Service Level Agreement ("SLA") applies to [Service Name] provided by [Company Name] to Customer [Customer Name], effective [Date]. SLA is incorporated into the Master Service Agreement ("MSA") dated [Date]. Legal Framework: GDPR Art. 28-32 (Data Processing), E-Commerce Directive 2000/31 (Service Availability).
1.1 Uptime Commitment: Provider shall maintain Service uptime of [99.9%] per calendar month (measured UTC), excluding Scheduled Maintenance.
| Uptime Level | Monthly Downtime Allowance | Service Credit |
|---|---|---|
| 99.9% - 99.5% | 43 minutes - 3.6 hours | 10% monthly fees |
| 99.5% - 98.0% | 3.6 - 14.4 hours | 25% monthly fees |
| <98.0% | >14.4 hours | 50% monthly fees |
1.2 Scheduled Maintenance: [Sundays 02:00-06:00 UTC], max [4 hours/month], not counted towards uptime calculation. Emergency maintenance performed without advance notice if security threatened.
1.3 Measurement: Uptime measured from Provider's monitoring systems; if Customer monitoring differs, Provider's records control unless Customer disputes within 5 days with documented evidence.
| Severity | Definition | Initial Response | Target Resolution |
|---|---|---|---|
| P1 (Critical) | Service completely unavailable for >10% users | [30 min] | [4 hours] |
| P2 (Major) | Significant functionality impaired for >25% users | [2 hours] | [8 hours] |
| P3 (Normal) | Minor issue, Service functional | [24 hours] | [48 hours] |
| P4 (Low) | Documentation, feature request | [2 business days] | [Next sprint] |
2.1 Response SLA Requirements per GDPR Art. 33-34: For P1/P2 incidents involving personal data: Provider shall notify Customer within 24 hours if data security breach suspected, enabling Customer to notify supervisory authority within 72 hours.
3.1 API Response Time: 99% of requests return within [500ms]; 99.9% within [2 seconds].
3.2 Dashboard Availability: [99.5%] uptime (measured separately from API).
3.3 Data Processing (GDPR Art.28): Provider processes personal data only per Customer's documented instructions, maintains data processing records, ensures access controls limit staff to need-to-know basis.
4.1 Credit Calculation: Service Credit = (Monthly fees × Credit %) / 30 days × number of days with uptime shortfall.
4.2 Credit Request: Customer must submit within 30 days of incident with documentation of downtime. Provider responds within 15 days with credit approval or denial.
4.3 Maximum Liability: Total Service Credits in any 12-month period shall not exceed [12 months of fees] (capped per MSA limitation clause).
4.4 Sole Remedy: Service Credits are Customer's exclusive remedy for SLA breaches; Customer waives all other claims for damages.
Service not responsible for:
6.1 Support Channels: Email: [support@company.com] | Phone: [+49 ... / +1 ...] | Status Page: [status.company.com]
6.2 Escalation: P1 incidents escalate to engineering manager within [15 min]; P2 within [1 hour].
Effective: [Date] | Version: 1.0 | Review Date: [Date + 12 months]