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Database Service Level Agreement for the United States

Database Service Level Agreement Template for United States

A Database Service Level Agreement is a legally binding contract under U.S. law that defines the terms, conditions, and performance metrics for database services provided to a customer. This agreement outlines specific service levels, availability guarantees, security measures, and compliance requirements while adhering to federal and state regulations including data protection laws, industry-specific requirements, and cybersecurity standards. It establishes clear metrics for performance measurement, defines remediation procedures, and sets expectations for both service provider and customer.

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What is a Database Service Level Agreement?

The Database Service Level Agreement is essential when establishing formal arrangements for database services in the United States. This contract type is particularly crucial for organizations requiring reliable, secure, and compliant database operations. It addresses key aspects including uptime guarantees, performance metrics, security measures, and compliance with relevant U.S. regulations. The agreement becomes especially important when handling sensitive data, requiring specific compliance (such as HIPAA or GDPR), or when service reliability is critical to business operations.

What sections should be included in a Database Service Level Agreement?

1. Parties: Identification of service provider and customer, including legal entities and contact details

2. Background: Context of the agreement and brief description of the database services being provided

3. Definitions: Key terms used throughout the agreement including technical terminology

4. Service Description: Detailed description of the database services, including specifications and functionalities

5. Service Level Metrics: Specific performance metrics, uptime guarantees, and response times

6. Data Security: Security measures, protocols, and compliance requirements

7. Support and Maintenance: Details of support services, maintenance windows, and escalation procedures

8. Term and Termination: Duration of agreement and conditions for termination

What sections are optional to include in a Database Service Level Agreement?

1. Disaster Recovery: Procedures for data recovery and business continuity when handling critical data or required by industry regulations

2. Compliance Requirements: Industry-specific compliance obligations applicable when serving regulated industries such as healthcare or finance

3. Data Processing Terms: Specific terms for processing personal data when subject to privacy regulations

4. Service Credits: Compensation mechanism for service level failures when offering financial remedies for performance issues

What schedules should be included in a Database Service Level Agreement?

1. Technical Specifications Schedule: Detailed technical requirements and configurations

2. Service Level Metrics Schedule: Detailed breakdown of performance metrics and measurement methodologies

3. Pricing Schedule: Detailed pricing structure and payment terms

4. Security Requirements Schedule: Detailed security protocols and compliance requirements

5. Support Procedures Schedule: Detailed support processes and escalation procedures

6. Business Continuity Plan: Detailed disaster recovery and business continuity procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses































Industries

Computer Fraud and Abuse Act (CFAA): Federal law that provides legal framework for protecting computer systems from unauthorized access, fraud, and related activities

Electronic Communications Privacy Act (ECPA): Federal law governing the privacy of electronic communications and stored electronic data

Federal Information Security Management Act (FISMA): Establishes comprehensive framework to protect government information, operations, and assets

Health Insurance Portability and Accountability Act (HIPAA): Regulates the use and disclosure of protected health information, crucial if database contains medical data

Gramm-Leach-Bliley Act (GLBA): Requires financial institutions to explain information-sharing practices and protect sensitive data

Federal Trade Commission Act (FTC Act): Prohibits unfair or deceptive practices affecting commerce, including data security and privacy practices

California Consumer Privacy Act (CCPA): Provides California residents with rights regarding their personal information and imposes obligations on businesses handling such data

State Data Breach Notification Laws: Various state-specific requirements for notifying individuals affected by data breaches

Payment Card Industry Data Security Standard (PCI DSS): Security standards for organizations handling credit card information

Sarbanes-Oxley Act (SOX): Requires proper financial disclosure and establishes standards for corporate accountability, particularly relevant for financial data

Family Educational Rights and Privacy Act (FERPA): Protects the privacy of student education records and applies to educational institutions handling student data

Uniform Commercial Code (UCC): Provides legal framework for commercial transactions and contract formation across states

NIST Cybersecurity Framework: Voluntary framework of computer security guidance for organizations to better manage and reduce cybersecurity risk

State Consumer Protection Laws: Various state-specific laws protecting consumers from unfair business practices and ensuring data privacy

General Data Protection Regulation (GDPR): EU regulation on data protection and privacy, relevant if handling data of EU residents

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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