Service Level Agreements

We specialise in drafting, reviewing, and advising on Service Level Agreements (SLAs) to ensure optimal performance and minimised risk. Our experienced team understand the critical role SLAs play in defining service expectations and mitigating potential disputes.

We advise both suppliers and customers on SLA's; our experience saves you time and cost.

What are Service Level Agreements (SLAs)?

A Service Level Agreement is a form of contract generally used for long term, business critical services provided by an external supplier.

A typical SLA defines the level of service a provider will deliver to a customer, including measurable standards, responsibilities, and remedies for failure to meet agreed levels.

Common uses of Service Level Agreements

Service Level Agreements (SLAs) are frequently used in for IT contracts but they are also common in other businesses, sectors, and industries, such as :-

• Facilities Management - cleaning companies, security firms, and maintenance services use SLAs to guarantee response times, service quality, and uptime of specific systems and equipment.

• Logistics - carriers and delivery services define delivery timeframes, package handling standards, and compensation for delays or damage through SLAs.

• Manufacturing - suppliers and manufacturers often use SLAs to guarantee raw material delivery times, product quality, and production output levels.

• Professional Services - consultants, law firms and marketing agencies have SLAs to define turnaround times for deliverables, project milestones, and communication frequency.

• Customer Service -  call centres, and online providers may have SLAs to specify response times for customer inquiries, complaint resolution timelines, and product return protocols.

• Healthcare – for key supplies such as medical equipment maintenance and uptime guarantees.

• Construction - contractors and architects often use SLAs to define project completion timelines, quality standards, and communication protocols with stakeholders.

Key Issues in Service Level Agreements

• Scope of services - clearly define the services covered by the SLA, including exclusions and limitations.

• Performance metrics – specifying  precise measures to assess the service provider compliance with agreed-upon service levels. Examples include uptime percentages, response times, and resolution times for issues.

• Service credits - appropriate compensation mechanisms for service failures, such as discounts, service fee reductions, or credits towards future services.

• Reporting and monitoring -  how service levels will be tracked, reported, and reviewed by both parties.

• Dispute resolution - a clear process for addressing and resolving any disagreements arising from the SLA.

• Service hours -  days and times during which the service must be available.

• Escalation procedures - steps to be taken in case of service failures, specifying communication channels and response times for each escalation level.

• Confidentiality and data protection - data security and privacy obligations, complying with relevant laws like the General Data Protection Regulation (GDPR).

• Limitation of liability -  defining the maximum extent of the SP's liability for service failures, with due consideration for English law principles of fairness and reasonableness. If a cap on liability is in principle agreed, consider separate caps for different types of loss and whether caps apply per incident or in aggregate. Be aware of exclusions to limited liability such as death or personal injury from negligence, fraud or fraudulent misrepresentation, gross negligence, data protection breaches or IP infringement claims.

• Recovery of losses - Which losses are recoverable? Will recoverable losses include lost profits or revenues? What about business interruption losses?

• Termination - grounds and procedures for terminating the SLA by either party.

Building in flexibility is often important

Notwithstanding the importance of detailed specifics with Service Level Agreements, as these contracts are often of high importance and long term, it’s equally important to agree ways to ensure the contract works well in practice, with suitable flexibility and practical ongoing co-operation. Ways to do this often include :-

• Effective administration - a dedicated point of contact for both parties ensures smooth communication, issue resolution, and change management.

• Monitoring and reporting - regularly track SLA performance using defined metrics and reports, highlighting trends and areas for improvement.

• Proactive review and updates - schedule regular reviews to adjust the SLA to changing needs, technology, and regulations.

If you need experienced and practical lawyers to draft, review or advise on an SLA, please do call or email. We can advise and assist whether you want a standard form of agreement intended to cover all your clients and customers, known as a service based SLA or a specific agreement for an individual client, a customer based SLA. We also deal with disputes arising under Service Level Agreements.