Uptime Agreement

Uptime Agreement Template for Denmark

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Key Requirements PROMPT example:

I need an Uptime Agreement for a cloud-based healthcare data platform that guarantees 99.99% availability, includes GDPR compliance requirements, and will be governed by Danish law.

Document background

This Uptime Agreement template is designed for use in the Danish market where service providers need to establish clear, legally binding commitments regarding service availability and performance. The document is particularly relevant for technology services, cloud infrastructure, and mission-critical systems where continuous service availability is essential. It incorporates key elements required under Danish contract law and relevant EU regulations, providing a framework for defining service levels, measurement criteria, and remedies for breach of uptime commitments. The agreement includes technical specifications for service monitoring, reporting requirements, and service credit calculations, while addressing legal requirements for liability limitations and force majeure events under Danish law.

Suggested Sections

1. Parties: Identification of the service provider and customer, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the service, and the parties' intention to enter into an uptime commitment

3. Definitions: Key terms used throughout the agreement, including technical definitions of 'uptime', 'downtime', 'scheduled maintenance', 'force majeure events', etc.

4. Service Availability Commitment: Core uptime guarantees, specified as a percentage of total time, and what constitutes availability

5. Measurement and Monitoring: Methods and tools used to measure and monitor uptime, including calculation periods and measurement points

6. Scheduled Maintenance: Procedures for planned maintenance, notice requirements, and how maintenance time affects uptime calculations

7. Service Credits and Penalties: Compensation structure for failing to meet uptime commitments, including calculation methods and claiming procedures

8. Reporting: Regular reporting obligations, including frequency, format, and content of uptime reports

9. Support and Response Times: Service provider's obligations for responding to and resolving service issues

10. Force Majeure: Circumstances beyond reasonable control that excuse performance

11. Term and Termination: Duration of the agreement, renewal terms, and termination rights

12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes

Optional Sections

1. Data Processing Terms: Required if the service involves processing personal data under GDPR

2. Security Requirements: Detailed security obligations, recommended for services handling sensitive data or critical systems

3. Business Continuity: Disaster recovery and business continuity requirements, important for critical services

4. Insurance Requirements: Specific insurance obligations, recommended for high-value or high-risk services

5. Change Management: Procedures for implementing changes to the service, recommended for complex technical services

6. Exit Management: Transition arrangements at contract end, important for business-critical services

Suggested Schedules

1. Service Level Specifications: Detailed technical specifications of service levels, measurement methods, and calculations

2. Service Credit Calculation: Detailed formulas and examples for calculating service credits

3. Technical Infrastructure: Description of the technical infrastructure used to deliver the service

4. Contact Matrix: List of key contacts and escalation procedures for both parties

5. Reporting Template: Standard format for uptime reports

6. Maintenance Windows: Agreed times for scheduled maintenance activities

7. Price List: Service fees and any variable charging elements

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Telecommunications

Cloud Services

Software as a Service

Healthcare Technology

Financial Services

E-commerce

Digital Infrastructure

Manufacturing

Logistics

Professional Services

Education Technology

Relevant Teams

Legal

Information Technology

Operations

Service Delivery

Infrastructure

Procurement

Compliance

Risk Management

Technical Support

Service Management

Contract Management

Solutions Architecture

Relevant Roles

Chief Technology Officer

IT Director

Service Delivery Manager

Operations Manager

Technical Account Manager

Contract Manager

Procurement Manager

Legal Counsel

Service Level Manager

Infrastructure Manager

Cloud Services Manager

Risk Manager

Compliance Officer

Business Development Manager

Solutions Architect

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Let's create your Uptime Agreement

Authors

Alex Denne

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