Availability guarantee clause: Copy, customize, and use instantly
Introduction
An availability guarantee clause ensures that a product, service, or system will remain operational or accessible for a specified percentage of time. It defines the provider’s obligations and establishes remedies or penalties if availability falls below the agreed threshold. This clause is critical in service-level agreements (SLAs) and contracts for mission-critical services.
Below are availability guarantee clause templates tailored to various scenarios. Copy the one you need, customize it, and add it to your contract.
Standard availability guarantee clause
This clause provides a baseline availability percentage with general remedies.
The provider guarantees that the services will be available at least 99.9% of the time during each calendar month, excluding scheduled maintenance and force majeure events. If availability falls below this threshold, the customer will receive a credit equal to [insert amount or percentage] of the monthly fee for each percentage point below the guarantee.
High availability clause
This clause commits to a stricter uptime guarantee for critical services.
The provider guarantees 99.99% availability of the services during each calendar month, excluding scheduled maintenance and force majeure events. Failure to meet this availability threshold will result in the customer receiving a credit equal to [insert amount] for each hour of downtime beyond the allowed limit.
Tiered availability guarantee clause
This clause provides varying guarantees based on service tiers.
The provider guarantees the following availability levels for the specified services:Tier 1 Services: 99.99% availability per calendar monthTier 2 Services: 99.9% availability per calendar monthTier 3 Services: 99% availability per calendar month If the availability of any tiered service falls below the guarantee, the customer will receive a service credit as outlined in [insert schedule or appendix].
Availability guarantee with penalties clause
This clause establishes financial penalties for breaches of the guarantee.
The provider guarantees 99.9% availability of the services each calendar month, excluding scheduled maintenance. If availability falls below this threshold, the provider will pay a penalty of [insert amount or percentage] for every hour of unavailability beyond the allowed limit.
Scheduled maintenance exclusion clause
This clause explicitly excludes maintenance windows from the availability calculation.
The provider guarantees that the services will be available 99.9% of the time during each calendar month. Scheduled maintenance, which will not exceed [insert number] hours per month and requires [insert notice period] notice to the customer, will not be included in the availability calculation.
Availability guarantee with escalation clause
This clause includes an escalation process for repeated breaches.
The provider guarantees 99.9% service availability each calendar month. If availability falls below this threshold for two consecutive months, the provider will escalate the issue to senior management and submit a corrective action plan within [insert time frame]. Continued breaches may result in contract termination or additional penalties.
Availability guarantee with refund clause
This clause offers refunds for significant breaches of availability.
The provider guarantees that the services will be available 99.9% of the time during each calendar month. If availability falls below 95% in any given month, the customer may request a refund of [insert percentage] of the monthly fee in addition to any applicable service credits.
Availability with alternate service provision clause
This clause provides for alternate service access in case of outages.
The provider guarantees 99.9% service availability each calendar month. In the event of a breach, the provider will offer equivalent alternate services or resources at no additional cost until the primary services are restored.
Dynamic availability adjustment clause
This clause allows adjustments based on usage patterns or seasonal demands.
The provider guarantees 99.9% availability on average but may adjust the guarantee during periods of low or high demand, subject to written notice and customer agreement. Any breach of the adjusted guarantee will result in a credit equal to [insert amount or percentage] of the monthly fee.
Availability guarantee with customer reporting clause
This clause requires customers to report downtime to validate breaches.
The provider guarantees 99.9% service availability per calendar month, excluding scheduled maintenance. Customers must report any downtime within [insert time frame] to qualify for service credits. Downtime not reported within this period will not be considered for credit calculations.
Availability guarantee for multiple locations clause
This clause addresses availability for services provided across different locations.
The provider guarantees 99.9% availability of services across all designated locations. If the availability at any single location falls below this threshold, the provider will compensate the customer with [insert percentage or amount] of the monthly fee for the affected location.
Availability guarantee with progressive penalties clause
This clause imposes escalating penalties for repeated breaches.
The provider guarantees 99.9% service availability per calendar month. For each month of non-compliance, the provider will issue a service credit of [insert amount] for the first breach, increasing by [insert percentage or amount] for each consecutive breach.
Availability with partial service credit clause
This clause provides partial credits based on the degree of unavailability.
The provider guarantees 99.9% availability of the services per calendar month. If availability drops below this level, the customer will receive a service credit proportional to the duration of the downtime, calculated as [insert formula or percentage].
Availability guarantee with termination right clause
This clause grants customers the right to terminate after repeated breaches.
The provider guarantees 99.9% availability per calendar month. If availability falls below this threshold for three consecutive months or any four months within a year, the customer may terminate the agreement without penalty and receive a refund for unused prepaid services.
Availability tied to business-critical functions clause
This clause emphasizes availability for key operations.
The provider guarantees 99.9% availability for business-critical functions identified in [insert appendix or schedule]. Non-critical functions may have reduced availability, provided they do not impact the overall performance of critical operations.
Pro-rated refund for missed availability clause
This clause ties refunds to the degree of missed availability.
The provider guarantees 99.9% service availability per calendar month. If availability falls below this threshold, the customer will receive a pro-rated refund based on the percentage of downtime exceeding the allowance.
Availability with transparency requirements clause
This clause mandates regular reporting on service uptime.
The provider guarantees 99.9% availability per calendar month and agrees to provide monthly reports detailing uptime, downtime events, and root causes. Failure to meet the guarantee will result in a credit equal to [insert percentage] of the monthly fee.
Availability with specific time zone exclusions clause
This clause excludes certain time zones from availability calculations.
The provider guarantees 99.9% availability per calendar month during the customer’s local business hours. Availability outside these hours is not covered under this guarantee.
Availability with shared infrastructure clause
This clause accounts for shared infrastructure affecting uptime.
The provider guarantees 99.9% availability of the services, acknowledging that uptime may be influenced by shared infrastructure dependencies. If shared infrastructure downtime exceeds [insert percentage], the customer will receive a credit equal to [insert amount].
Availability guarantee with rolling average clause
This clause calculates availability based on a rolling time frame.
The provider guarantees 99.9% availability, calculated as a rolling average over the previous three months. Any month falling below this threshold will trigger a service credit of [insert percentage or amount].
Availability tied to seasonal demand clause
This clause adjusts availability guarantees during high-demand periods.
The provider guarantees 99.9% availability during standard operational months and 99.95% during peak seasonal periods as defined in [insert schedule]. Failure to meet these thresholds will result in a penalty of [insert amount] per instance.
Availability guarantee with response time escalation clause
This clause links availability with response times for outages.
The provider guarantees 99.9% availability and a response time of [insert time frame] for reported issues. If the response exceeds this time, the downtime will be doubled for credit calculation purposes.
Availability with dependent services clause
This clause accounts for external dependencies impacting uptime.
The provider guarantees 99.9% service availability, excluding downtime caused by failures in dependent third-party services. The provider will work in good faith to mitigate the impact of such outages.
Availability tied to compliance clause
This clause enforces compliance-related availability.
The provider guarantees 99.9% availability in compliance with [insert regulatory framework]. Non-compliance resulting in downtime will incur a penalty of [insert percentage] of the monthly fee.
Availability with region-specific clauses
This clause customizes availability guarantees by geographic region.
The provider guarantees 99.9% availability in [Region A] and 99.8% availability in [Region B] due to infrastructure limitations. Separate credits apply for non-compliance in each region, calculated independently.
Availability with backup system engagement clause
This clause requires backup systems to maintain availability.
The provider guarantees 99.9% availability, with automatic failover to backup systems during primary service interruptions. If failover fails to maintain the guarantee, the customer will receive [insert amount] as compensation.
Availability for shared service models clause
This clause specifies guarantees for shared environments.
The provider guarantees 99.9% availability in shared service environments, with individual service windows as detailed in [insert schedule]. Downtime affecting multiple users will be addressed collectively.
Availability with penalty waivers clause
This clause allows for waivers under specific conditions.
The provider guarantees 99.9% availability, but downtime resulting from events beyond reasonable control, as detailed in [insert section], will not result in penalties. Customers may request service credits on a case-by-case basis.
Availability with grace period clause
This clause provides a grace period before guarantees take effect.
The provider guarantees 99.9% availability after an initial setup period of [insert duration]. Availability during the grace period will not be penalized but will be monitored for performance tracking.
Availability tied to contractual milestones clause
This clause links availability to project or delivery milestones.
The provider guarantees 99.9% availability during active project phases. Milestones with missed availability thresholds will incur penalties of [insert percentage] of the agreed milestone payment.
Availability guarantee with proactive maintenance clause
This clause adjusts availability guarantees to account for planned maintenance.
The provider guarantees 99.9% availability, excluding downtime for proactive maintenance, which will not exceed [insert hours] per month. Customers will be notified [insert time frame] in advance of any planned maintenance.
Availability with tiered guarantees clause
This clause sets different availability thresholds based on service levels.
The provider guarantees availability as follows: 99.9% for Standard Service, 99.95% for Premium Service, and 99.99% for Enterprise Service. Credits will be issued based on the specific service level impacted.
Availability with usage-based credits clause
This clause ties compensation to service usage during downtime.
The provider guarantees 99.9% availability. For any downtime beyond the threshold, credits will be calculated based on the customer’s average usage during the downtime period.
Availability linked to third-party audits clause
This clause incorporates external validation of performance.
The provider guarantees 99.9% availability, subject to verification by independent third-party audits conducted annually. Any deviation will result in penalties as outlined in [insert section].
Availability for high-priority clients clause
This clause prioritizes availability for specific customer segments.
The provider guarantees 99.95% availability for high-priority customers, as designated in [insert schedule]. Service interruptions for high-priority clients will be addressed before other service tiers.
Availability with force majeure exclusions clause
This clause explicitly excludes force majeure events from the guarantee.
The provider guarantees 99.9% availability, excluding downtime caused by force majeure events, as defined in [insert section]. Downtime beyond the guarantee, unrelated to such events, will incur penalties.
Availability with layered support clause
This clause specifies support tiers to ensure availability.
The provider guarantees 99.9% availability, supported by a layered support model, including real-time monitoring, priority escalation, and 24/7 technical assistance. Downtime due to support delays will incur penalties.
Availability with dynamic scaling clause
This clause ensures availability during fluctuating demand.
The provider guarantees 99.9% availability, even during periods of high demand, through dynamic scaling of resources. Failure to meet this guarantee during demand spikes will result in additional credits.
Availability with penalties for recurring issues clause
This clause imposes stricter penalties for repeated downtime.
The provider guarantees 99.9% availability. If downtime exceeding the guarantee occurs more than [insert number] times within a [insert time frame] period, the penalties will double for each subsequent breach.
Availability with performance monitoring clause
This clause emphasizes real-time tracking of service levels.
The provider guarantees 99.9% availability, monitored in real time through [insert monitoring tool]. Reports on availability performance will be shared monthly, and credits will be issued for any threshold breaches.
Availability with compliance to uptime benchmarks clause
This clause ties guarantees to industry benchmarks.
The provider guarantees 99.9% availability, aligned with industry-standard uptime benchmarks. Non-compliance will result in credits equal to [insert percentage] of the monthly service fee.
Availability with customer-defined exclusions clause
This clause allows customers to define specific scenarios excluded from the guarantee.
The provider guarantees 99.9% availability, excluding downtime due to circumstances mutually agreed upon in writing by both parties. Any unapproved interruptions will incur penalties.
Availability for geographically distributed services clause
This clause ensures availability across multiple locations.
The provider guarantees 99.9% availability for all geographically distributed services, with separate uptime monitoring for each region. Credits will be applied regionally if thresholds are breached.
Availability with financial escalation clause
This clause ties higher penalties to prolonged downtime.
The provider guarantees 99.9% availability. If downtime exceeds [insert hours] within a single calendar month, financial penalties will escalate to [insert percentage] of the monthly service fee for each additional hour.
Availability with multi-vendor dependencies clause
This clause addresses third-party service dependencies.
The provider guarantees 99.9% availability but disclaims responsibility for disruptions caused by third-party vendors, provided the provider demonstrates reasonable efforts to mitigate such impacts.
Availability with restoration time commitments clause
This clause specifies time frames for restoring services during downtime.
The provider guarantees 99.9% availability and commits to restoring services within [insert hours] of an outage. Failure to meet this restoration timeline will result in additional credits.
Availability with penalty cap clause
This clause limits the total compensation for downtime.
The provider guarantees 99.9% availability. Penalties for downtime beyond the guarantee are capped at [insert amount] per month, regardless of the duration of the outage.
Availability for seasonal demand clause
This clause adjusts availability guarantees for peak seasons.
The provider guarantees 99.9% availability during standard operations and 99.95% during peak demand periods, as defined in [insert schedule]. Downtime exceeding thresholds during peak times will incur additional penalties.
Availability with data integrity guarantee clause
This clause ties availability to data protection assurances.
The provider guarantees 99.9% availability, including full protection of customer data integrity during downtime. Breaches of availability that result in data loss will incur additional compensation.
Availability with customer notification clause
This clause requires prompt communication during downtime.
The provider guarantees 99.9% availability and will notify customers within [insert minutes] of any unplanned downtime. Failure to meet this notification requirement will incur an additional credit of [insert amount].
Availability for critical infrastructure clause
This clause prioritizes uptime for critical systems.
The provider guarantees 99.99% availability for critical infrastructure identified in [insert schedule], with immediate escalation protocols for any service disruptions.
Availability with rolling performance monitoring clause
This clause ensures ongoing evaluation of uptime performance.
The provider guarantees 99.9% availability, measured on a rolling 90-day basis. Downtime exceeding this threshold over the evaluation period will result in penalties, including prorated service credits.
Availability with proactive maintenance clause
This clause ties availability to a proactive maintenance schedule.
The provider guarantees 99.9% availability and commits to regular maintenance as outlined in the agreement. Scheduled maintenance outside agreed hours will count against the availability threshold.
Availability with tiered compensation clause
This clause links compensation to the level of downtime.
The provider guarantees 99.9% availability. If availability falls below this threshold, compensation will be provided on a tiered basis: [insert percentage] for up to [insert hours] of downtime, escalating beyond that.
Availability with shared responsibility clause
This clause accounts for shared roles in maintaining uptime.
The provider guarantees 99.9% availability, contingent upon the customer fulfilling their obligations under this agreement, including system updates and connectivity requirements.
Availability with performance-linked renewal clause
This clause ties contract renewal to uptime performance.
The provider guarantees 99.9% availability. Failure to meet this standard for three consecutive months gives the customer the right to renegotiate or terminate the contract without penalties.
Availability with technology upgrade clause
This clause specifies availability commitments during upgrades.
The provider guarantees 99.9% availability and will maintain this standard during system upgrades, with prior customer notification of any temporary deviations from the guarantee.
Availability with compliance requirements clause
This clause ensures uptime aligns with industry regulations.
The provider guarantees 99.9% availability, in full compliance with [insert regulations]. Downtime that results in regulatory breaches will incur additional penalties and remediation requirements.
Availability with external audit provision clause
This clause includes independent verification of uptime.
The provider guarantees 99.9% availability, subject to independent audit upon customer request. Any discrepancies identified in audit findings will result in financial compensation.
Availability with SLA renegotiation clause
This clause allows for adjustments to the guarantee based on performance.
The provider guarantees 99.9% availability. Repeated failure to meet this threshold over a six-month period allows for renegotiation of the service level agreement.
Availability with service credit banking clause
This clause permits accumulation of service credits.
The provider guarantees 99.9% availability. Earned service credits for downtime may be banked and applied toward future invoices, with no expiration within the contract term.
Availability with alternate service routing clause
This clause ensures continuity through alternate routing.
The provider guarantees 99.9% availability by rerouting services to alternate data centers or systems during outages. Failure to reroute services within [insert time] will result in penalties.
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