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I am heavily reliant on hosting: how do I know if the SLA is up to par?

A Service Level Agreement (SLA) specifies the service levels your hosting provider guarantees — such as uptime and response times — and the consequences if these are not met. The most beautiful promises are not automatically the best:...

Published on June 15, 2020 by MKBjuristen.nl
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A Service Level Agreement (SLA) specifies the service levels your hosting provider guarantees — such as uptime and response times — and the consequences if these are not met. The most beautiful promises are not automatically the best: it is about concrete, measurable agreements and real consequences.

What does an SLA regulate?

An SLA contains guarantees regarding the service provided: the guaranteed uptime, how quickly outages are detected and resolved, and limits on issues such as packet loss. No two SLAs are the same, and it is precisely the details that determine whether you are truly protected.

Pay attention to the service levels (SLOs)

The key lies in the measurable service levels (SLOs): what uptime is promised, how is it measured, and over what period? An uptime of 99.9% sounds good, but it still means a few hours of downtime per year. So look at the exact figures and the measurement method, not the marketing language.

What happens if agreements are not honored?

What follows if the supplier fails to meet the SLA is important: are there service credits, a penalty, or an option for termination? Often, compensation is limited to a discount on the invoice, while your actual damages may be much greater. Assess whether that ratio is acceptable to you.

Limit your dependence

If you are heavily dependent on your hosting, also arrange exit and migration agreements, backups, and access to your data. This prevents you from being tied to a single supplier in the event of a poor SLA or a conflict.

Frequently Asked Questions

Is higher uptime always better?

Not necessarily: it is about the measurement method and the consequences of non-compliance. A nice promise without real consequences is worth little.

Will I be compensated for damages in the event of incapacity?

The SLA often limits compensation to service credits or an invoice discount, not your actual damages. Check this in advance.

What should I pay attention to besides the SLA?

On exit and migration agreements, backups, and access to your data, so that you are not tied to a single supplier.

Want to have your SLA reviewed?

Our legal experts review your SLA or SaaS agreement and participate in negotiations. Schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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