Featured Legal Services

   > Trade Mark Registration

   > Internet, IT & E-business

   > HR & Enterprise Structuring

   > Deal Making & Contracting

   > IP Transactions

   > Commercialisation Strategy
 

Contract Drafting Tips Series: Service Level Agreement Clause PDF  | Print |  E-mail
Written by Mike Clarke   
Friday, 23 November 2007

typewriterThis article is part of a series on drafting tips for contract clauses. 

 

A service level agreement, or SLA, is a legally enforceable contract, or provision of a contract, between a supplier and a customer that specifies the supplier's obligation as regards the level or quality of service or goods delivered. 

 

Service level agreements differ from conventional services agreements by not only specifying what will be provided by the service provider, but also making the service provider accountable to supply at a particular quality, standard or performance level. Setting a service level is about defining standards and quality - and ultimately price and value.

 

 

Legislation

 

Different legislation affects different transactions. For example, today the sale of a motor vehicle is regulated by:

  • Motor Dealers Regulation 2004 (NSW) (which imposes a post-purchase cooling off period);
  • Fair Trading Act 1987 (NSW);
  • Sale of Goods Act 1923 (NSW); and
  • Consumer Credit Code.
Understanding precisely what legislation, regulations or other laws are relevant to you specific circumstances is critical in assessing risks and ensuring compliance.

 

Drafting Tips

 

Nowadays service level agreements commonly set out provisions for: 

     
 
  • service definition;
  • timing standards;
  • minimum and maximum quality needs;
  • compliance with set standards;
  • payment (incentives and rebates);
  • consequences for performance drops;
  • current and future needs;
  • monitoring methods;
  • security of premises and information;
  • alternative dispute resolution; and
  • variation of arrangements.

For suppliers and customers, flexibility for variations is achieved by providing for regular reviews, factors which must trigger costs variations, and compliance with changing market and technical standards and business specific needs, processes and technology.

 

Further, for customers good service level agreements also include both remedies and penalties for missing set service levels. These penalties need to motivate the vendor to achieve customer objectives. They may set liquidated damages.

 

---------------------------------------------------------------------

Further reading:


Contract Drafting Tips Series: Service Level Agreement Clause

Contract Drafting Tips Series: Confidential Information Clause

Contract Drafting Tips Series: Dispute Resolution Clause

Contract Drafting Tips Series: Rights Granted Clause

Contract Drafting Tips Series: Restraint of Trade Clause

  


Want free initial legal advice?

 

   

Call Noric Dilanchian on (+612) 9269 0229 for a free initial conversation.

After hours send an email or better still an Enquiry Form. We'll reply with a costed proposal.

FAQ | What we do | Testimonials

   

Subscribe: Cue newsletter (free)  | RSS feed

Search: Overall site search  | Library-specific search  | Library downloads page    

Author & Firm: Author profile  |  Contact author  |  Firm Differentiation  |  Firm Brochure [PDF]

 
< Prev   Next >
Main Menu
Home
Profile
Solutions
Projects
People
Library
Training Services
Events
Location Map
Free Tools
chCounter: MySQL error!
SQL query:
  • SELECT COUNT(*) as users_online FROM `dilanch_joomla`.`jos_astats_online_users` as o WHERE o.timestamp_letzter_aufruf >= 1227240286;

Error number: 1194
Table 'o' is marked as crashed and should be repaired
Script stopped.