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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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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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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
ts?Questions?
Thankyo
u
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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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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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