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Uptime Agreement

Uptime Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Uptime Agreement

"I need an Uptime Agreement for my cloud hosting service that guarantees 99.9% availability, includes service credits for downtime, and complies with Hong Kong financial services regulations as we'll be serving banks and fintech companies from March 2025."

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Document background
The Uptime Agreement serves as a critical contract for businesses relying on continuous service availability and system performance. This document type is especially relevant in Hong Kong's dynamic technology and financial services sectors, where system reliability is paramount. It establishes clear, measurable service levels, defines monitoring methods, and outlines compensation mechanisms for service failures. The agreement is structured to comply with Hong Kong's legal framework, including contract law, electronic transaction regulations, and data protection requirements. It is commonly used in cloud services, hosting, telecommunications, and other technology-dependent services where quantifiable performance metrics are essential for business operations.
Suggested Sections

1. Parties: Identification of the service provider and customer, including full legal names and addresses

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

3. Definitions: Definitions of technical terms, including 'Uptime', 'Downtime', 'Scheduled Maintenance', 'Service Level', etc.

4. Service Levels: Detailed specification of the promised uptime percentage and service availability commitments

5. Measurement and Monitoring: Methods and tools used to measure and track service availability

6. Service Credits: Calculation and application of credits or compensation for failure to meet service levels

7. Excluded Events: Events not counted as downtime (e.g., scheduled maintenance, force majeure)

8. Reporting: Frequency and format of uptime reports and performance metrics

9. Communication: Protocols for notification of downtime, maintenance, and other service-affecting events

10. Term and Termination: Duration of the agreement and conditions for termination

11. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Disaster Recovery: Procedures for service restoration in case of major incidents - include when disaster recovery is a critical requirement

2. Security Requirements: Specific security measures and compliance requirements - include for sensitive or regulated services

3. Data Protection: Specific provisions for handling personal or sensitive data - include when processing personal data

4. Service Migration: Procedures for service transition at contract end - include for complex or critical services

5. Premium Support: Enhanced support levels and response times - include when offering tiered support levels

6. Multi-jurisdiction Services: Specific provisions for services delivered across multiple jurisdictions - include for international services

Suggested Schedules

1. Schedule 1 - Service Level Specifications: Detailed technical specifications of service levels, including exact uptime percentages and measurement methods

2. Schedule 2 - Service Credit Calculations: Detailed formulas and examples for calculating service credits

3. Schedule 3 - Technical Infrastructure: Description of the technical infrastructure covered by the agreement

4. Schedule 4 - Contact Details: List of key contacts and escalation procedures

5. Schedule 5 - Reporting Template: Standard format for uptime and performance reports

6. Appendix A - Maintenance Windows: Scheduled maintenance times and procedures

7. Appendix B - Service Level Exceptions: Detailed list of circumstances that qualify as excluded events

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses






























Relevant Industries

Information Technology

Cloud Computing

Telecommunications

E-commerce

Financial Services

Healthcare Technology

Digital Media

Enterprise Software

Data Center Services

Managed IT Services

Online Gaming

Digital Payment Services

Relevant Teams

Legal

Information Technology

Operations

Service Delivery

Procurement

Compliance

Risk Management

Technical Support

Contract Management

Infrastructure

Cloud Services

Service Level Management

Relevant Roles

Chief Technology Officer

IT Director

Service Delivery Manager

Contract Manager

Operations Manager

Technical Account Manager

Procurement Manager

Legal Counsel

Compliance Officer

Service Level Manager

Infrastructure Manager

Cloud Services Manager

Risk Manager

Solutions Architect

Industries






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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