Performance Agreement
Copy to Clipboard  |  Share Example

Service Levels

Applicable Levels. [PARTY A] shall perform the Services so as to meet or exceed the service levels listed in the applicable Statement of Work (the "Service Levels").

Errors in Services. On [PARTY B]'s notice of any errors or omissions, [PARTY A] shall provide [PARTY B] with information and adjustments in the Services for any errors or omissions in the Services.

Delays in Services. [PARTY A] shall use reasonable efforts to avoid and remedy in delay in the Services.


Tags
Neutral Master Services Agreement Obligations
SAAS Agreement (reference to schedule)
Compare | Copy to Clipboard  |  Share Example

Service Levels. [PARTY A] shall provide the Service to [PARTY B] with an availability of at least [98]% during each calendar month, according to the Service Level Agreement, attached to this agreement.


Tags
Software as a Service Agreement Obligations
SAAS Agreement incorporated service levels
Compare | Copy to Clipboard  |  Share Example

Service Levels

Applicable Levels. [PARTY A] shall provide the Service to [PARTY B] with a System Availability of at least [98]% during each calendar month.

System Maintenance. [PARTY A] may

take the Service offline for scheduled maintenances that it provides [PARTY B] the schedule for in writing (though this scheduled maintenance time will not count as System Availability), and

change its schedule of maintenances on [one] month written notice to [PARTY B].

System Availability Definition

Percentage of Minutes per Month. "System Availability" means the percentage of minutes in a month that the key components of the Service are operational.

Not Included in "System Availability. "System Availability" will not include any minutes of downtime resulting from

scheduled maintenance,

events of force majeure,

malicious attacks on the system,

issues associated with [PARTY B]'s computing devices, local area networks or internet service provider connections, or

[PARTY A]'s inability to deliver services because of [PARTY B]'s acts or omissions.


Tags
Neutral Software as a Service Agreement Obligations
SAAS Agreement; service credits
Compare | Copy to Clipboard  |  Share Example

Service Levels

Applicable Levels[PARTY A] shall provide the Service to [PARTY B] with a System Availability of at least [98]% during each calendar month.

System Maintenance. [PARTY A] may

take the Service offline for scheduled maintenances that it provides [PARTY B] the schedule for in writing (though this scheduled maintenance time will not count as System Availability), and

change its schedule of maintenances on [one] month written notice to [PARTY B].

Service Credits

Eligibility for Service Credits. Subject to paragraph [NOTICE REQUIRED] directly below, for each full percentage point that the availability of the Services does not meet the System Availability percent, [PARTY A] shall provide one additional days' service to [PARTY B] (each additional day a "Service Credit"), up to a maximum of [10] Service Credits, to be added to the end of the Term and at no additional charge to [PARTY B].

Notice Required. If [PARTY B] does not give [PARTY A] written notice that it is eligible for Service Credits within [30] Business Days' after the end of a month it is eligible to receive Service Credits for, [PARTY A] will not be required to provide Service Credits for that month.

System Availability Definition

Percentage of Minutes per Month. "System Availability" means the percentage of minutes in a month the key components of the Service are operational.

Not Included in "System Availability. "System Availability" will not include any minutes of downtime resulting from

scheduled maintenance,

events of force majeure,

malicious attacks on the system,

issues associated with [PARTY B]'s computing devices, local area networks or internet service provider connections, or

[PARTY A]'s inability to deliver services because of [PARTY B]'s acts or omissions.


Tags
Heavy Pro-Providee Software as a Service Agreement Obligations
SAAS Agreement; fee credits
Compare | Copy to Clipboard  |  Share Example

Service Levels

Applicable Service Levels. [PARTY A] shall provide the Service to [PARTY B] with a System Availability of at least [98]% during each calendar month.

System Maintenance. [PARTY A] may

take the Service offline for scheduled maintenances that it provides [PARTY B] the schedule for in writing (though this scheduled maintenance time will not count as System Availability), and

change its schedule of maintenances on [one] month written notice to [PARTY B].

Fee Credits

Eligibility for Fee Credits. Subject to paragraph [NOTICE REQUIRED] directly below, for each full percentage point that the availability of the Services does not meet the System Availability percent, [PARTY A] shall provide a [5]% fee credit [PARTY B] (each additional day a "Fee Credit"), up to a maximum of [30]% worth of Fee Credits any month, to be applied to the next Subscription Fee.

Notice Required. If [PARTY B] does not give [PARTY A] written notice that it is eligible for Fee Credits within [30] Business Days' after the end of a month it is eligible to receive Fee Credits for, [PARTY A] will not be required to provide Fee Credits for that month.

System Availability Definition

Percentage of Minutes per Month. "System Availability" means the percentage of minutes in a month that the key components of the Service are operational.

Not Included in "System Availability. "System Availability" will not include any minutes of downtime resulting from

scheduled maintenance,

events of force majeure,

malicious attacks on the system,

issues associated with [PARTY B]'s computing devices, local area networks or internet service provider connections, or

[PARTY A]'s inability to deliver services because of [PARTY B]'s acts or omissions.


Tags
Slight Pro-Providee Software as a Service Agreement Obligations
Subscription Agreement
Compare | Copy to Clipboard  |  Share Example

Service Levels

Standards and Schedules. [PARTY A] will use commercially reasonable efforts to provide the [DELIVERABLE] to [PARTY B] according to the standards and schedule listed in the [ATTACHMENT], attached to this agreement, except 

Force Majeure. [PARTY A] will not be liable for its failure to meet standards or schedules caused by circumstances beyond [PARTY A]'s reasonable control.


Tags
Neutral Subscription Agreement Obligations
Master Services Agreement; levels listed in SOW
Compare | Copy to Clipboard  |  Share Example

Standards of Service

Service Levels. [PARTY A] shall

meet or exceed the service levels listed in the [applicable] Statement of Work in providing the [DELIVERABLE], and

ensure any work done by subcontractors meets or exceeds the applicable service levels.

Sufficient Resources. [PARTY A] shall maintain sufficient resources to perform its obligations under this agreement.

Service Level Credits. If [PARTY A] fails to meet any service level, then [PARTY B] may credit the Compensation related to that [DELIVERABLE], as listed in the applicable Statement of Work, against future Compensation for that [DELIVERABLE].


Tags
Neutral Master Services Agreement Obligations
Master Services Agreement; reference ti different agreement
Compare | Copy to Clipboard  |  Share Example

Standards of Service

Service Levels. [PARTY A] shall

meet or exceed the service levels listed in the Service Level Agreement[, attached to this agreement / available at [URL OF SERVICE LEVEL AGREEMENT], and

ensure any work done by subcontractors meets or exceeds the applicable service levels.

Sufficient Resources. [PARTY A] shall maintain sufficient resources to perform its obligations under this agreement.

Service Level Credits. If [PARTY A] fails to meet any service level, then [PARTY B] may credit the Compensation related to that [DELIVERABLE], as listed in the applicable Statement of Work against future Compensation it owes.


Tags
Neutral Master Services Agreement Obligations

About

  • Clause Taxonomy: Obligations
  • Organization: Public
  • Updated: 01/23/2018
  • Rating

Overview

The Service Levels clause in a Master Services Agreement or Software as a Service Agreement stipulates the quality of services to be provided by the Provider. The clause typically sets the minimum standards. In the case of a professional service agreement, the term may stipulate that "services will be performed in accordance with [the highest industry ]standards." In the case of a software service, the term--which may either be included in the agreement or an exhibit--contains the following elements:

  • Uptime (percentage of availability and measurement period)
  • Downtime (maintenance and other exceptions)
  • Service credits (fee reduction or term extension for failure to meet uptime requirements)
  • Notice requirements
  • Maximum and minimum credits