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Service Level Agreement

The service went down during your busiest week, and the vendor's answer was a small credit on next month's invoice. Whether that is all you can recover usually depends on a few lines in the service level agreement.

Reviewed

01 GUIDE

Service Level Agreement: what usually happens

Where an SLA gets tested

A service level agreement defines the performance a provider commits to, how it is measured, and what happens when a target is missed. Disputes usually turn on details: whether scheduled maintenance counts as downtime, whose monitoring data controls, whether an outage caused by a subcontractor is excluded, and whether service credits are the customer's only remedy. Many SLAs say credits are the sole remedy for missed service levels, which can limit a claim for larger losses unless the failure also breaches other terms or opens a right to terminate. How the SLA interacts with the master agreement's limitation of liability is often the deciding question.

What to keep when service slips

Document each incident as it happens, including the time, duration, what was affected, and the ticket numbers and responses from the provider. Many agreements require the customer to claim credits or give notice within a short window, and missing that step can forfeit the credit. Save the provider's status page reports and incident summaries, and keep your own logs if you monitor the service independently. Record business effects, such as lost transactions or staff overtime, in a form your finance team can support later. Raise each missed target with the provider in the way the agreement requires, not only in calls with an account manager, so there is a record that notice was given.

Terms to settle before signing

Before signing, we focus on definitions, because an uptime commitment means little if the measurement window, the exclusions, and the calculation method all favor one side. We look at whether repeated failures give you a right to terminate without penalty, whether credits are automatic or must be claimed, and how data return and transition assistance work if you leave. Customers handling sensitive data should connect the SLA to the security commitments and breach notification terms in the main contract. Where a dispute has already started, we read the SLA alongside the main agreement to see which remedies remain outside the credit scheme.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 HOW WE WORK

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04 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about service level agreement and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.