Guarantees of availability clause: Copy, customize, and use Instantly
Introduction
A guarantees of availability clause defines the extent to which a service provider guarantees the availability or uptime of their service. It establishes clear expectations around service availability, response times, and consequences if the service fails to meet agreed-upon availability standards.
Below are templates for guarantees of availability clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard guarantees of availability clause
This version outlines basic service availability expectations.
The service provider guarantees that their service will be available [X]% of the time per month, excluding planned maintenance. If availability drops below this threshold, the provider will provide [compensation or service credit] to the customer.
Guarantees of availability clause with scheduled maintenance exclusions
This version excludes planned maintenance from the guarantee.
The provider guarantees that the service will be available [X]% of the time each month, excluding scheduled maintenance periods. Scheduled maintenance will be communicated to the customer [X] days in advance and will not exceed [X] hours per month.
Guarantees of availability clause with uptime guarantee
This version provides a specific uptime guarantee.
The provider guarantees a minimum of [X]% uptime for the service, calculated monthly. If the uptime falls below this threshold, the customer will receive a [X]% service credit for the duration of the downtime.
Guarantees of availability clause with service level credits
This version includes service level credits for failure to meet availability guarantees.
If the service provider fails to meet the availability guarantee of [X]% uptime per month, the provider will issue service credits to the customer. The amount of the credit will be proportional to the amount of downtime beyond the agreed threshold.
Guarantees of availability clause with response time guarantee
This version includes a response time guarantee in addition to availability.
The service provider guarantees that the service will be available [X]% of the time and will respond to any support requests within [X] hours. If response times exceed this limit, the customer is entitled to [compensation or service credit].
Guarantees of availability clause with emergency downtime procedures
This version defines how emergency downtime will be handled.
In the event of unexpected downtime, the provider guarantees that service will be restored within [X] hours. Emergency downtime will be communicated to the customer promptly, and the provider will implement all necessary measures to restore service quickly.
Guarantees of availability clause with no downtime guarantee
This version clarifies the absence of a downtime guarantee.
The provider does not guarantee any specific uptime or availability for the service. While the provider will make commercially reasonable efforts to maintain service availability, no compensation will be issued for service downtime.
Guarantees of availability clause with network-related availability guarantee
This version focuses on network availability.
The provider guarantees that their network will be available [X]% of the time per month, excluding planned maintenance. If the network availability drops below this threshold, the provider will offer service credits to the customer.
Guarantees of availability clause with third-party service dependencies
This version addresses third-party service dependencies.
The provider guarantees the availability of its service [X]% of the time each month, excluding downtime caused by third-party services or factors outside the provider's control. The provider will not be held responsible for downtime caused by third-party providers.
Guarantees of availability clause with service continuity during failure
This version ensures service continuity in case of failure.
If the provider’s primary service becomes unavailable, the provider guarantees service continuity through backup systems or failover mechanisms. If continuity is not restored within [X] hours, the provider will offer a service credit to the customer.
Guarantees of availability clause with automatic service restoration
This version includes automatic service restoration mechanisms.
The provider guarantees that their service will be restored automatically within [X] minutes after any service disruption, unless the disruption is caused by factors beyond the provider's control. If the service is not restored within this time frame, the provider will offer a service credit.
Guarantees of availability clause with uptime monitoring
This version includes monitoring of uptime.
The provider guarantees an uptime of [X]% per month, as measured by independent monitoring tools. If the service fails to meet this uptime guarantee, the provider will offer a service credit equal to [X]% of the monthly fee for every [X] hours of downtime.
Guarantees of availability clause with maintenance notification
This version includes a notification requirement for maintenance periods.
The provider guarantees that their service will be available [X]% of the time, excluding planned maintenance. The provider will notify the customer at least [X] hours in advance of any planned maintenance that could affect availability.
Guarantees of availability clause with exclusions for force majeure
This version includes force majeure exclusions.
The provider guarantees [X]% availability, except in cases of force majeure or events beyond the provider’s control, including but not limited to natural disasters, war, or internet service provider failures. In such cases, the provider will not be held liable for any downtime.
Guarantees of availability clause with minimum response times for support
This version includes a minimum response time guarantee for support.
The provider guarantees that the service will be available [X]% of the time and that support requests will be acknowledged within [X] hours. If these response times are not met, the customer is entitled to a service credit.
Guarantees of availability clause with hourly service credit
This version offers hourly service credits for downtime.
If the service is unavailable for more than [X] hours in a month, the customer will be entitled to a service credit of [X]% of the monthly fee for every hour the service is down beyond the agreed availability threshold.
Guarantees of availability clause with extended maintenance periods
This version addresses extended maintenance.
In the event of scheduled maintenance, the provider guarantees that downtime will not exceed [X] hours in any given month. If downtime exceeds this limit, the provider will offer [X]% service credit to the customer.
Guarantees of availability clause with redundancy and failover
This version includes redundancy and failover guarantees.
The provider guarantees that their service will be available [X]% of the time, with redundancy and failover mechanisms in place to ensure continuity in the event of hardware or software failure. If the service fails due to these systems, the provider will restore it within [X] minutes.
Guarantees of availability clause with compensation for service failure
This version compensates the customer for service failure.
If the service fails to meet the guaranteed availability of [X]% uptime, the provider will compensate the customer with [X]% of the monthly service fee for each [X] hours of downtime beyond the agreed availability.
Guarantees of availability clause with planned maintenance windows
This version defines planned maintenance windows.
The provider guarantees [X]% service availability, excluding planned maintenance. Planned maintenance will occur during off-peak hours and will be scheduled in advance, with customers notified [X] days prior to the maintenance window.
Guarantees of availability clause with business hour support
This version includes support only during business hours.
The provider guarantees service availability [X]% of the time during business hours, from [start time] to [end time] on [days of the week]. Outside of these hours, the provider does not guarantee availability, although support will be available for critical issues.
Guarantees of availability clause with exclusions for customer-side issues
This version excludes downtime caused by customer-side issues.
The provider guarantees service availability [X]% of the time per month, excluding any downtime caused by the customer’s failure to meet system requirements or issues on the customer’s end, such as connectivity problems or incorrect configurations.
Guarantees of availability clause with third-party monitoring
This version includes third-party monitoring of availability.
The provider guarantees service availability [X]% of the time per month, as measured by third-party monitoring services. Any downtime exceeding this guarantee will result in service credits for the customer, as determined by the monitoring reports.
Guarantees of availability clause with compensation for extended outages
This version offers extended outage compensation.
If the service is unavailable for more than [X] consecutive hours, the provider will compensate the customer by extending the service period by [X] days or offering a service credit equivalent to [X]% of the monthly fee.
Guarantees of availability clause with periodic performance reviews
This version includes performance reviews.
The provider guarantees that service availability will meet or exceed [X]% uptime each month. The customer may request periodic performance reviews to assess whether the provider is meeting this guarantee. If availability falls below [X]%, the provider will provide compensation.
Guarantees of availability clause with backup service guarantee
This version includes a guarantee for backup services during outages.
In the event of an outage, the provider guarantees that backup services will be available within [X] hours to ensure continuity of critical operations. Backup services will be provided until the primary service is restored.
Guarantees of availability clause with regular uptime reports
This version offers regular uptime reporting.
The provider guarantees a monthly uptime of [X]%. Uptime reports will be provided to the customer every [X] days, detailing any outages and their duration. If the uptime falls below the guaranteed level, the customer will receive a service credit.
Guarantees of availability clause with no service interruptions during peak hours
This version focuses on peak-hour availability.
The provider guarantees that there will be no service interruptions during peak business hours, from [start time] to [end time], on [days of the week]. Any downtime during these hours will result in immediate service credits for the affected customer.
Guarantees of availability clause with exception for network congestion
This version excludes downtime caused by network congestion.
The provider guarantees [X]% availability, excluding any disruptions caused by network congestion or issues outside of the provider’s control, such as regional internet outages or bandwidth limitations.
Guarantees of availability clause with automatic compensation for downtime
This version provides automatic compensation for downtime.
If service availability falls below [X]% for more than [X] hours in a month, the provider will automatically issue a service credit equivalent to [X]% of the monthly fee for every hour of downtime beyond the agreed availability.
Guarantees of availability clause with unlimited access during high-demand periods
This version guarantees unlimited access during high-demand periods.
The provider guarantees that service availability will be [X]% or greater, even during high-demand periods. Any temporary slowdowns will not result in service interruptions, and the provider will use scalable solutions to manage increased traffic.
Guarantees of availability clause with service interruption notice
This version provides notice before service interruptions.
The provider guarantees [X]% availability, but if service interruption is expected, the customer will be notified at least [X] hours in advance. The provider will take reasonable steps to minimize downtime during these periods.
Guarantees of availability clause with limitation for force majeure
This version includes force majeure limitations.
The provider guarantees [X]% service availability, excluding any downtime caused by force majeure events, such as natural disasters, war, or internet service provider outages. In these cases, no compensation will be provided.
Guarantees of availability clause with 24/7 support during outages
This version guarantees 24/7 support during outages.
The provider guarantees that the service will be available [X]% of the time. In case of downtime, the provider will offer 24/7 support to resolve issues as quickly as possible, with dedicated escalation procedures.
Guarantees of availability clause with advance downtime notification
This version includes advanced notification for downtime.
The provider guarantees service availability of [X]% of the time. If downtime is anticipated, the customer will receive a notification at least [X] hours before the downtime period begins.
Guarantees of availability clause with local server guarantees
This version guarantees server availability based on local servers.
The provider guarantees [X]% uptime for services hosted on local servers. In the event of server failure, backup servers will be engaged within [X] hours to maintain service continuity.
Guarantees of availability clause with credit for unavailability during holidays
This version offers credits for unavailability during holidays.
If the service is unavailable during a recognized holiday period, the provider will offer the customer a service credit equal to [X]% of the monthly fee for every [X] hours of downtime during that period.
Guarantees of availability clause with penalties for exceeding downtime threshold
This version includes penalties for exceeding downtime.
The provider guarantees [X]% uptime per month. If downtime exceeds [X] hours per month, the provider will pay a penalty to the customer, equivalent to [X]% of the monthly service fee for every hour beyond the agreed threshold.
Guarantees of availability clause with automatic failover systems
This version includes failover systems for service interruptions.
The provider guarantees service availability [X]% of the time, with automatic failover systems in place to ensure continuous service during outages. If failover systems fail to restore service within [X] minutes, the customer will be entitled to a service credit.
Guarantees of availability clause with extended support during outages
This version includes extended support during outages.
The provider guarantees service availability of [X]% per month. In case of an outage, the provider will offer extended support during the restoration process, ensuring service is fully operational within [X] hours of the incident.
Guarantees of availability clause with planned downtime exclusions
This version excludes planned downtime from the guarantee.
The provider guarantees [X]% availability per month, excluding any planned downtime for maintenance, updates, or improvements. Planned downtime will be communicated to the customer at least [X] days in advance.
Guarantees of availability clause with escalation procedures during outages
This version outlines escalation procedures.
In the event of service unavailability, the provider guarantees that their team will follow a formal escalation procedure to restore service. The customer will receive periodic updates on the status of the issue until service is fully restored.
Guarantees of availability clause with compensation for network failure
This version includes compensation for network failures.
If the service is unavailable due to network failure for more than [X] consecutive hours, the provider guarantees that the customer will receive a service credit equivalent to [X]% of the monthly fee for each hour of downtime.
Guarantees of availability clause with availability-based pricing
This version ties pricing to service availability.
The provider guarantees service availability of [X]% each month. If the availability drops below this threshold, the monthly service fee will be adjusted to reflect the reduced availability, and the customer will be credited accordingly.
Guarantees of availability clause with monitoring and reporting
This version includes monitoring and availability reporting.
The provider guarantees that the service will be available [X]% of the time. The provider will also implement continuous uptime monitoring and share detailed availability reports with the customer every [X] days.
Guarantees of availability clause with early restoration guarantee
This version promises early restoration during service failure.
The provider guarantees that if service is interrupted, it will be restored within [X] minutes or hours. If service is not restored within this period, the provider will issue a service credit to the customer.
Guarantees of availability clause with adjustment for external outages
This version adjusts the guarantee for external outages.
The provider guarantees [X]% availability of the service, excluding downtime caused by third-party service providers or external outages beyond the provider’s control. The provider will inform the customer of such events and provide updates.
Guarantees of availability clause with compensation for service interruption during peak periods
This version offers compensation for service interruption during peak periods.
If the service is interrupted during high-demand periods, such as [holiday season], the provider guarantees [X]% availability. If the service fails to meet this guarantee, the provider will offer a [X]% service credit for every [X] hours of downtime.
Guarantees of availability clause with historical uptime data
This version includes historical uptime data to support the guarantee.
The provider guarantees [X]% availability based on historical uptime data for the past [X] months. If service availability drops below this level, the provider will issue a service credit to the customer.
Guarantees of availability clause with penalties for extended service unavailability
This version includes penalties for extended unavailability.
The provider guarantees [X]% service availability each month. If the service is unavailable for more than [X] consecutive hours, the provider will pay a penalty to the customer, equal to [X]% of the monthly fee for each hour of downtime beyond the threshold.
Guarantees of availability clause with multiple availability levels
This version includes multiple availability tiers.
The provider guarantees service availability of [X]% during normal operations and [Y]% during peak hours. If the service fails to meet the agreed availability levels during either period, the customer will receive compensation based on the tier affected.
Guarantees of availability clause with hybrid availability solution
This version includes a hybrid availability solution.
The provider guarantees [X]% availability for the cloud-hosted service and [Y]% availability for on-premise service. If either service falls below its respective availability guarantee, the customer will receive a service credit for the impacted service.
Guarantees of availability clause with availability for multiple regions
This version specifies availability for different regions.
The provider guarantees that the service will be available [X]% in [Region A], [Y]% in [Region B], and [Z]% in [Region C]. Downtime in any region will result in a proportional service credit to the customer.
Guarantees of availability clause with service restoration within specific timeframe
This version guarantees service restoration within a specified timeframe.
The provider guarantees that service will be restored within [X] hours following any service interruption. If service is not restored within this timeframe, the customer will receive a service credit equal to [X]% of the monthly fee for every [X] hour of delay.
Guarantees of availability clause with no penalty for downtime due to third-party outages
This version excludes penalties for third-party downtime.
The provider guarantees service availability of [X]% per month, excluding downtime caused by third-party service outages or external factors beyond the provider’s control. No penalties will be incurred for such downtime.
Guarantees of availability clause with scheduled restoration times
This version specifies scheduled restoration times.
The provider guarantees that service will be restored within [X] hours during any scheduled downtime. Scheduled downtime will be communicated to the customer at least [X] days in advance.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.