服务等级协议SLA模板

Appendix (SS)
<PPP Project Name> Service Level Agreement
between
<Sponsor Agency>
&
< The Private Partner>
Prepared By: <Author> Document Version:<N.N>
Date: <Month, Year>
This template is made to help complete the cycle of contract preparation and management in the PPP projects to be carried out by the e-Government of Saudi Arabia.
Service Level Agreements (SLA) is considered an important attachment or a separate document to PPP projects. All clauses in the contract that encourages a performance and service level management schemes will have a reference in this Agreement.
TABLE OF CONTENTS
1TEMPLATE INTRODUCTION (2)
2INTRODUCTION (4)
2.1P URPOSE AND O BJECTIVES (4)
2.2P ARTIES TO THE A GREEMENT (4)
2.3C OMMENCEMENT D ATE (4)
2.4D URATION OF THE A GREEMENT (5)
2.5D EFINITIONS (5)
3PERIODIC REVIEW (6)
4SERVICES DESCRIPTIONS (7)
5AGENCY RESPONSIBILITIES (8)
6PRIVATE PARTNER RESPONSIBILITIES (9)
7SERVICE MANAGEMENT (10)
7.1SERVICE AVAILABILITY (10)
7.2SERVICE MAINTENANCE (10)
7.3SERVICE MEASUREMENT (11)
7.4SERVICE REPORTING (12)
8SUPPORTING DOCUMENTATION (15)
9AGREEMENT APPROVAL (18)
LIST OF TABLES
Table 1: Service Descriptions 7 Table 2: Agency Responsibilities 8 Table 3: Private Partner Reponsibilities 9 Table 4: Service Availability 10 Table 5: Service Maintenance 11 Table 6: Service Measurement 12 Table 7: Service Reporting 13 Table 8: Supporting Documentation 15
< The SLA should contain a brief statement on the purpose and objectives of the Agreement being drawn up between the two parties.
The drawing up of a detailed SLA achieves a number of objectives: •It defines the terms and basis under which the Services will be delivered.
•It states how the Service performance levels will be measured.
•It specifies the Services to be delivered.
>
Example
<It is necessary to identify the parties involved in this Agreement along with their addresses.>
Example
2.3COMMENCEMENT DATE
<It is necessary to specify the commencement date of this Agreement as this is the effective date of the legal Agreement between both parties. This date is usually the same as the commencement date specified in the PPP Contract.> Example
1 The SLA commencement date is usually the same as the commencement date of the PPP Contract.
2.4DURATION OF THE AGREEMENT
<This section of the Agreement shall specify the duration of this Agreement and is usually the same as in the PPP Contract.>
Example
<It is necessary for the terms used in the Agreement to be clear to prevent any misunderstandings. The terms and their definitions shall be negotiated and agreed upon between both parties.>
< This section of the Agreement shall specify the periodic reviews and amendments to this Agreement, who updates the document and where is the document stored/located.>
Example
2 Refer to the PPP Contract for the definitions and clauses related to the Contract Duration and
Signature Date.
3
< This section of the Agreement shall provide a full description of the Services provided by the Private Partner to the Agency. This should include all specific activities that will be required to properly implement the Agreement including how specific services are to be provided, resource requirements, adhering to the defined schedule of activities and all service delivery processes used/supported by the Private Partner.>
Example
<This section of the Agreement shall specify the responsibilities of the Agency in support of this Agreement.>
Example
<This section of the Agreement shall specify the responsibilities of the Private Partner in support of this Agreement.>
Example
< This section of the Agreement shall specify the Service Availability, Maintenance, Measurement, and Reporting>
< This section shall specify and agree the availability of required services. Availability can be specified as percentage of time or as a period which is free from operational failures. This section shall specify clearly the availability specification for all Services as mentioned in Clause 5: Services Descriptions, and may be broken down by application, environment or categories specific to Agency requirements or Private Partner constraints >
Example
A good example is to specify this section in a table format where each service is assigned an operational period as agreed between the Parties or each service is assigned a percentage.
< This section of the Agreement shall document specific times the Private Party requires service restrictions. These restrictions include provisions for normal system maintenance and details of unscheduled system downtime.>
Example
Availability restrictions specific to the Services covered under this Agreement are as follows:
[Holiday and Weekend Schedule]
[Scheduled Maintenance Windows]
[Unscheduled Maintenance Windows]
[Back up Window]
7.3SERVICE MAINTENANCE
< This section of the Agreement shall specify the Maintenance Windows for all services if applicable.
To meet the Service Level expectations, maintenance is a must procedure. Maintenance will sometimes render the service unavailable to the public. It is a good practice to agree on these Maintenance Windows in the SLA as not to count them as unavailability.>
Example
It is a good practice to specify for each service a table that sets out the maintenance periods. The periods can be specified as days, weeks, or months. This depends actually on the service itself and the need for maintenance.
< This section shall establish the measurements to be used to make sure the optimal provision of services. Measurements can be defined in terms of service availability (i.e. uptime), service performance (i.e. throughput, response time) and service quality (i.e. number of unscheduled outages, customer surveys).>
Example
7.5SERVICE REQUESTS
< This section of the Agreement shall establish the response by the Private Partner to the Agency based on an request submitted by the Agency. Reference to the service support policies, processes and related procedures may be included. Specific incident and/or request parameters, thresholds and/or samples may be inserted here for additional clarification. >
Example:
In support of services outlined in this Agreement, the Private Partner will respond to service related incidents and/or requests submitted by the Agency within the following time frames:
•One (1) hour (during business hours) for issues classified as
Critical.
•Two (2) hours (during business hours) for issues classified as High priority.
•Four (4) hours (during business hours) for issues classified as Medium priority.
•Eight (8) hours (during business hours) for issues classified as Low priority.
• Twenty Four (24) hours (during business hours) for a general
service Request.
< This section of the Agreement shall specify the reporting needed by the Private Partner to the Agency. Reporting is necessary to make sure that agreed service levels are maintained. These reports must align with the service measurements set forth described section 7.4 above and support these measurements. All recipients and responsible parties should be outlined with contact information.>
Example
The following are
responsible for the deployment and ongoing support of this agreement: (contact information may include E-mail address, phone number, support line, pager, etc.)
7.7 SERVICE LEVEL CREDITS
<This section of the Agreement relates to the failure of the supplier/the basic partner to meet service levels which have been monitored and measured under the SLA, providing the customer a credit or rebate (“Service Credits”) if the supplier fails to meet certain defined thresholds. The Service Credits which are calculated by reference to the supplier's charges for providing the Service. However, Service Credits play a significant role in encouraging the right behavior between parties. If the service credits are set too low, the customer is likely to become frustrated by the basic partner/the supplier's failure to perform and to look for opportunities to terminate. If they are too high then the supplier might become overly focused on perform ing to the “letter of the contract”, rather than providing an overall service. The most rational approach is for service credits to be negotiated by reference to the risk and responsibility apportioned between the parties, rather than by reference to the basic partner/the supplier's profit. >
7.8SERVICE CONTINUITY MANAGEMENT
<This section of the Agreement contains service recovery plans and related details if required. This section should identify the requirements of Service Continuity Management including the time frame for restoring key business functions and the timeframe for restoring all business function.>
< This section of the Agreement shall specify the documentation that is associated with this Agreement.>
Example
< This section of the Agreement addresses provisions to define the events that will trigger termination, other than termination of the PPP Contract in accordance with Section 2.4. For example, a persistent failure to meet the service levels over a period of time will give rise to a right of termination. It is common for services contracts to include a right of te rmination for “material” breach, however, this term is not always easy to define and may not introduce the level of certainty required. A “material breach” is subjective and will depend upon the terms and duration of the agreement, the nature and consequences of the breach and the factual background. It is likely that a “material” breach is something less than a repudiatory breach (giving rise to a right of termination under the general law) but, in the absence of a contractual definition, the materiality of a breach is difficult to measure. This will need to be negotiated on a case by case basis based on the relevant PPP Contract. >
<This section of the Agreement encompasses standard terms and provisions which shall be included in each Agreement and are not subject to change.
(a) Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision hereof.
(b) Entire Agreement. This Agreement, together with the PPP Contract, represents the entire agreement of the parties with respect to the subject matter hereof and any other previous understanding, commitments, or agreement, oral or written, between the Agency and the Private Partner with respect to the subject matter hereof.
(c) Notices. Any notices given hereunder shall be given pursuant to and as provided in the PPP Contract.
(d) Waiver. No failure by either party to insist upon the strict performance of any covenant, term or condition of this Agreement, or to exercise any right or remedy, shall constitute a waiver of such right or remedy on any subsequent occasion.
(e) Governing Law. The validity, construction, scope and performance of this Agreement shall be governed by the laws of the Kingdom of Saudi Arabia, exclusive of its choice of law provisions.
(f) Amendments. This Agreement may not be amended except in writing executed by duly authorized representatives of both the Agency and the Private Partner.
(g) Assignment. This Agreement may not be assigned by either party except in connection with and under the circumstances permitted under the PPP Contract. Subject to the foregoing, this Agreement will be binding on the parties and their respective successors and permitted assigns.
(h) Counterparts. This Agreement may be signed in one or more counterpart copies, all of which together shall constitute one Agreement and each of which shall constitute an original.>
<This section is the last section of the Agreement and it includes the signatories and date for each signatory.>
Example
__________________________ _____________________ Agency deputy Date
__________________________ _____________________ Private Partner deputy Date。