SLA Response & Remedy Terms

SLA Response & Remedy Terms


Vendor shall address System faults as follows:

• Level 1 Error:  Response within __ minutes; Remedy within __ hours.

• Level 2 Error:  Response within __ minutes; Remedy within __ hours.

• Level 3 Error:  Response within __ hours; Remedy within __ business days.

As used above:

(a)  “Error” refers to any failure of the System to perform as required in the technical specifications set forth _______ (the “Specifications”).

(i)  “Level 1 Error” refers to ________________________.

(ii)  “Level 2 Error” refers to any Error that is not a Level 1 or Level 3 Error.

(iii)  “Level 3 Error” refers to ________________________.

(b)  “Remedy” refers to a solution that returns the System to material compliance with the Specifications at issue.

(c)  “Response” refers to an e-mail, telephone, or in-person acknowledgment of a technical support request.

 …

Vendor shall exercise reasonable efforts to achieve ______________ [insert uptime, latency, or other IT performance term] (“Performance”) better than _________ [insert minimum Performance] (the “Target”). In the event that average Performance falls below the Target during any calendar month, Vendor shall credit Customer __% of such month’s applicable service fees for each ______ [insert Performance metric] below the Target; provided such credit will not exceed __% of any month’s otherwise applicable service fees. The credits set forth in the preceding sentence are Customer’s sole remedy for Performance below the Target. Credits issued pursuant to this SLA apply to outstanding or future invoices only and are forfeit upon termination of this Agreement. Vendor is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation termination of this Agreement.