Service Level Agreements in the Context of Software Contracts
Vol.6,No.12(2015)
This article aims to provide practical insight into the area of service level agreements in the context of software contract law. In the introduction the article introduces aworking definition of software contracts that is used as abasis for observing the elements of such contracts. These more general findings are thenfollowed by acloser look at the phenomenon of service level agreements fromatheoretical as well as apractical point of view. The article deals with the topicin acomplex manner and analyzes not only the legal nature and contents ofthese agreements but also other relevant circumstances arising from the contextin which these agreements are usually entered into. Further questions are therefore considered with emphasis on the entire framework of legal relationships thatthe agreements are apart of. Apart from the essential questions such as definition of the service level, the service itself and eventual sanctions, attention is alsofocused on often relevant additional provisions or certain technical questionsthat are of crucial importance for the application and practical usability of theseagreements. Also considered are the topics of enforceability of the individualprovisions, again with respect not only to legal question, but also to other circumstances that may play an important role in these situations. Finally, the article formulates general recommendations and summarizes its findings.
Software; Software contracts; Service Level Agreement; SLA; Outsourcing; Soft-ware as aService; IT Law
s. 125–173
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Copyright © 2015 Oliver Chorvát