Service Level Agreement (Website Hosting)

This Website Hosting Service Level Agreement is designed for longer-term B2B website hosting arrangements where continuity of service is critical. It combines the core terms for the provision of hosting services with agreed service levels, uptime and downtime measures, and remedies if those standards are not met.

It is particularly suitable where the client needs reliable hosting performance over time rather than a basic short-form services agreement.

The data protection provisions in this document have been reviewed and updated for Brexit. References to data protection legislation have been updated with reference to the UK GDPR.

As part of this update, a new optional clause and schedule, designed to assist in compliance with the Network & Information Systems Regulations (NIS Regulations) 2018, have also been added.

What this Website Hosting Service Level Agreement covers

This template covers both the hosting services to be provided and the standards to which those services must be delivered. It is intended to help the parties document a hosting arrangement in a way that is commercially practical and measurable.

The agreement focuses in particular on service continuity, service levels, performance monitoring, and financial consequences if agreed standards are not achieved.

When to use a hosting SLA instead of a basic services agreement

A basic services agreement may be enough for short-term or lower-risk work. This website hosting SLA is more appropriate where the client needs ongoing hosting services delivered to defined and measurable standards.

It is especially useful where the parties need clear rules on:

• uptime and downtime targets;
• monitoring and reporting on hosting performance;
• discounts or service credits for downtime; and
• termination rights if service failures become too serious.

Uptime, downtime, and service level measurement options

Service levels under this agreement are based on uptime versus downtime. The template provides two alternative ways to enforce those service levels, allowing the drafting to be more favourable either to the client or to the service provider.

In one option, downtime is measured internally by the service provider. In the other, downtime only starts for contractual purposes when the service provider receives a support ticket from the client reporting the issue.

This distinction can materially affect how downtime is measured and how easily the client can claim the benefit of the service level provisions.

Discounts, termination rights, and downtime exceptions

The default remedy for failure to meet service levels is a discount applied to the client’s fees, usually on a monthly basis. The agreement also gives the client the right to terminate if total downtime over a defined period exceeds an agreed threshold.

The template also includes exceptions to downtime, which may be expanded if needed. Examples given include:

• scheduled maintenance, where the client should be informed in advance; and
• events beyond the service provider’s control, such as ISP failures.

Hosting package, fees, and the optional NIS Regulations schedule

The hosting service itself and the related fees are set out in a schedule. This allows the same core agreement to be used for different clients and different hosting packages.

The schedule should include a full specification of the hosting package together with complete fee and payment details. Once completed, the agreement should operate as a practical reference point for both parties.

In addition to the hosting and data processing schedules, the template also includes an optional clause and schedule dealing with network and information systems security for use where that is relevant.

Main legal provisions included in this website hosting SLA

This template includes clauses covering definitions and interpretation, term, the parties’ respective obligations, fees and payment, provision of the hosting services, service levels, scheduled service downtime, service and performance monitoring, confidentiality, intellectual property, termination, post-termination provisions, liability and indemnity, force majeure, data protection, data processing, optional network and information systems security provisions, the nature of the agreement, severance, notices, and law and jurisdiction.

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