Service Level Agreements - Looking at sla's from a "constituencies" perspective

7/29/2019 Service Level Agreements - Looking at sla's from a "constituencies" perspective

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Disclaimer

This discussion does not constitute legal advice and this

presentation does not establish an attorney-client relationship.

But you knew that anyway.

These remarks do not necessarily reflect the position of theCloud Security Alliance or the New York Metro Chapter of the

Cloud Security Alliance, or of any of the clients of Laberee

Law PC.


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Service Level Agreements

What is a Service Level Agreement.

What Service?

What Level?

Is it an agreement?

Is there just one SLA out there?

So . . . we just have to find it, sign it and we are done? . . .

Right? . . . . Right? . . . .


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Constitue

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CONSTITUENCIES . . .

I.T. Department

Enterprise / Company

Companys Customers

Companys Customers Customers

Regulatory Bodies / Government

Companys Employees

Risk Management group within Company

Companys Owners

Companys Management


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. . . . And what they care about

Delivering good service. Jobs and budgets. Technical success and efficiency.

Security.

Perform core business functions with maximum profit and long-term stability and

value. Usually NOT I.T.

Getting service - - better, faster, cheaper. Often NOT I.T.

Effectiveness. Results. Avoidance of delay, loss or other pain. Removed from

immediate tactical goals of Companys IT department. NOT Companys IT problems.

Compliance. Privacy. Protection of Network and shared resources and the

commons, including security. Enforcement of non-I.T. laws.

Support and resource. Keeping jobs and looking good. Privacy.

No losses, no lawsuits, no increase in compliance costs, no insurance claims.

Short- and mid-term Profits and long term value.

Employment and compensation. Company performance. Usually I.T. as a means, not

end.


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I.T. Department

Enterprise / Company

Companys Customers

Companys Customers

Customers

Regulatory Bodies /

Government

Companys Employees

Risk Management group

within Company

Companys Owners

Companys Management

Delivering good service. Jobs and budgets. Technicalsuccess and efficiency. Security.

Perform core business functions with maximum profit

and long-term stability and value. Usually NOT I.T. Getting service - - better, faster, cheaper. Often NOT

I.T. Effectiveness. Results. Avoidance of delay, loss or other

pain. Removed from immediate tactical goals of

Companys IT department. NOT Companys IT

problems. Compliance. Privacy. Protection of Network and shared

resources and the commons, including security.

Enforcement of non-I.T. laws. Support and resource. Keeping jobs and looking good.

Privacy. No losses, no lawsuits, no increase in compliance costs,

no insurance claims. Short- and mid-term Profits and long term value. Employment and compensation. Company

performance. Usually I.T. as a means, not end.

SLA Constituencies game- - mix and match!


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So what does an sla usually cover

Techies embrace them . . . lawyers love them . . . sales staff hate them . . . customers ignorethem . . . . so . . . .

Intended to be legally binding agreement

Establish uptime and service levels for one business to provide cloud-based

service and capacity to another business

What service?

What level? Level of what?

Who drafted this SLA anyway?

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SLAs have about 7 elements, or nuggets, which bear

consideration when preparing, reviewing, executing, performing

under or allocating responsibility under:

1. Identification of parties. Who will be legally bound. Who is the providerand who is the recipient?

2. Term; Length of time during which the parties are bound.

3. Performance metrics.

4. Defined terms. Infuses the performance metrics.

5. Exceptions or failures of performance. Remediation, correction ( . . . butrarely remedies or damages in the lawyers sense).

6. Process for identifying exceptions or failures and prosecuting remediation

or correction and claims-making.

7. Exclusions. Re-allocation of responsibility. Not-my-fault.

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0

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Consider the reliance, the

comfort that users ofcontracts, including SLAs, get

- - perhaps unduly - - from

nuggets like these in their

contracts . . . .

(all terms in air quotes

with a smart-alec look):

Core components

Best efforts

Industry standard Best of breed

Best practices

Error Rate

Request (or some

other term forcustomer trying to get

stuff

Material . . .

Substantial

Lingo dangers

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General Architecture of a Cloud provider SLA.

Description of Services; some defined terms

Reference to (if not description of) maintenance, scheduleddowntime, notice of maintenance.

Providers commitment to uptime

Reporting

Remedies - - often too grand a word - - it may be simply a credit for

loss of uptime. Note it may not kick in unless customer asks for it.

(How does customer know?) Calculation of credit Exclusions: customer equipment or software; customer

connectivity; maintenance and similar interruptions after notice;

Customer-related human error; old stand bys like force majeure.

Special contract and liability exclusions: consequential, incidental

and punitive damages exclusions.

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Commen

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Thankyo

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If you would like to talk in more detail about slas . . . .

Service Level Agreement

Network Data Center Infrastructure

Cloud Server Hosts

Migration

Credits

Network

Data Center Infrastructure Cloud Server Hosts

Migration

Definitions

Limitations

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6


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Terms of Use Topics

Cloud Terms of Service

Defined Terms [provider]s Obligations and [customer]s Obligations

Access to the Services

Access to Data

Unauthorized Access to Your Data or Use of the Services

Disclaimers

Term Fees

Limitation on Damages

Indemnification

No High Risk Use

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Documents

Service Level Agreements - Looking at sla's from a "constituencies" perspective