Note: This document is a template. All entries in square brackets […] must be replaced with actual project and client data before use. The contents should be reviewed and adapted to the specific engagement. Legal review is recommended.
Service Level Agreement (SLA)
between
le dot E-Solution Stanic, Mirko Stanic Birmensdorferstrasse 240, 8003 Zürich UID: CHE-130.745.803 E-Mail: mail@le-dot.com (hereinafter "Service Provider")
and
[Client] [Company/Organisation] [Client Address] (hereinafter "Client")
(collectively "the Parties")
Art. 1 — Reference to the Main Contract
1.1 This Service Level Agreement (SLA) forms part of the main contract dated [Date] and governs the measurable performance parameters for the services agreed therein.
1.2 In the event of any conflict between the main contract and this SLA, the provisions of this SLA shall prevail with respect to service levels.
Art. 2 — Definitions
2.1 Availability: The percentage of time within a calendar month during which the service is properly usable, calculated as: (Total Time − Unplanned Downtime) / Total Time × 100.
2.2 Response Time: The period between receipt of an incident report and the first qualified response by the Service Provider.
2.3 Resolution Time: The period between receipt of an incident report and the provision of a workaround or a permanent fix.
2.4 Maintenance Window: Scheduled periods for maintenance work that are not counted as downtime.
2.5 Business Hours: Monday to Friday, 08:00–18:00 CET/CEST (public holidays at the Zürich location excluded).
Art. 3 — Service Level Classes
3.1 Incidents are classified into the following classes:
| Class | Description | Response Time | Workaround / Resolution |
|---|---|---|---|
| Critical | Production system unusable, no workaround available | 2 hours | Workaround within 8 hours |
| High | Major function impaired, operations possible with restrictions | 4 hours | Workaround within 16 hours |
| Normal | Individual function affected, operations not significantly impaired | 8 hours | Resolution in next scheduled release |
3.2 Classification is made by the Service Provider in consultation with the Client. In the event of disagreement, the Client's assessment shall apply until a joint clarification is reached.
3.3 Response and resolution times refer to business hours (Art. 2.5), unless 24/7 on-call coverage has been expressly agreed for critical incidents.
Art. 4 — Availability
4.1 The Service Provider guarantees an availability of [e.g. 99.5%] per calendar month.
4.2 Scheduled maintenance windows (Art. 5) are not counted as downtime when calculating availability.
Art. 5 — Maintenance Windows
5.1 Regular maintenance takes place during the following window: [e.g. Saturday, 02:00–06:00 CET].
5.2 Scheduled maintenance outside the regular maintenance window shall be announced in writing at least 5 business days in advance.
5.3 Urgent security updates may be carried out with a shortened notice period of 24 hours.
Art. 6 — Escalation
6.1 In the event of incidents or disagreements, the following escalation procedure applies:
| Level | Responsibility | Deadline |
|---|---|---|
| Level 1 | Operational contact person | Immediately |
| Level 2 | Project management | After 4 hours without resolution (critical) / 2 business days (high/normal) |
| Level 3 | Executive management | After 8 hours without resolution (critical) / 5 business days (high/normal) |
6.2 The contact persons for each escalation level are recorded in Appendix E.
Art. 7 — Service Credits
7.1 If the agreed availability is not met in a calendar month, the Client is entitled to service credits as follows:
| Availability | Service Credit |
|---|---|
| Below target down to 99.0% | 5% of monthly fee |
| Below 99.0% down to 98.0% | 10% of monthly fee |
| Below 98.0% | 15% of monthly fee |
7.2 Service credits are offset as a credit on the next invoice. Cash payment is excluded.
7.3 Service credits are capped at a maximum of 15% of the monthly fee and constitute the sole remedy for availability shortfalls, unless wilful misconduct or gross negligence is involved.
Art. 8 — Reporting
8.1 The Service Provider shall produce a monthly report containing at least the following information:
- a) Availability during the reporting period;
- b) Number and classification of incidents;
- c) Response/resolution times met and exceeded;
- d) Maintenance work performed;
- e) Any service credits.
8.2 The report shall be delivered by the 10th business day of the following month.
Art. 9 — Exceptions
9.1 The service levels do not apply in the event of:
- a) Force Majeure: Natural disasters, war, pandemics, government orders, and comparable events beyond the Service Provider's control;
- b) Client's fault: Disruptions caused by acts or omissions of the Client;
- c) Third-party outages: Outages of third-party providers (e.g. cloud providers, telecommunications providers), provided the Service Provider has taken appropriate risk mitigation measures;
- d) Scheduled maintenance: in accordance with Art. 5.
Art. 10 — Final Provisions
10.1 Written form: Amendments and supplements to this SLA require written form and the signature of both Parties.
10.2 Review: The Parties shall review this SLA at least once a year and adjust it jointly as needed.
10.3 Severability clause: Should any provision of this SLA be or become invalid, the validity of the remaining provisions shall not be affected thereby.
10.4 Governing law: This SLA is governed exclusively by Swiss law.
10.5 Jurisdiction: The exclusive place of jurisdiction is Zürich.
Signatures
| Service Provider | Client | |
|---|---|---|
| Company | le dot E-Solution Stanic, Mirko Stanic | [Company/Organisation] |
| Name | Mirko Stanic | [Client] |
| Place, Date | Zürich, [Date] | __ |
| Signature | __ | __ |
Appendices
- Appendix E: Contact persons per escalation level
References
- OR Art. 97 — Liability for non-performance
- OR Art. 99 — Measure of liability
- OR Art. 100 — Exclusion of liability
- OR Art. 104 — Default interest
- OR Art. 107–109 — Withdrawal in case of default