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Do not approve a data-center SLA because it advertises “99.99% uptime.” First verify exactly what is covered, how failure is measured, which outages are excluded, what the provider must do during an incident, and what remedy you can actually claim. An SLA is conditional: Microsoft describes it as “a set of conditional commitments” (Microsoft Learn). The signed master service agreement, order form, service description, incorporated SLA version, region and product tier—not a marketing page—control your rights.
Use the checklist below to turn the headline percentage into a testable contract. Have counsel review liability, indemnity, data protection, security, governing law and termination language before signing.
1. Define the service boundary before discussing uptime
An availability promise is meaningful only when the contract identifies the infrastructure and interfaces it covers. Write the boundary in concrete terms, including:
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- Facility, region, site, cage, suite, rack or pod.
- Every power feed, UPS, generator, transfer switch, cooling system and environmental-control component.
- Carrier circuits, cross-connects, routing equipment, firewalls and provider-operated network interfaces.
- Managed operating systems, virtualization, storage, databases, control planes and APIs, if supplied.
- Dependencies such as identity, DNS, monitoring, backup and ticketing systems.
- The demarcation point where the provider’s responsibility ends and your carrier, equipment or application responsibility begins.
State whether the commitment applies per device, rack, site, region, account or pooled service. Aggregation can hide failures: a calculation across a pool may allow healthy instances to offset failed ones. Require the provider to show both the aggregate result and the result for each critical component or failure domain.
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Define the words that trigger a remedy
Include precise definitions for “available,” “unavailable,” “downtime,” “degraded service,” “incident,” “maintenance,” “critical,” “business day” and “measurement interval.” A service that answers requests but delivers unusable latency is not equivalent to a fully operational service, so define whether degraded performance counts as downtime or has its own target.
Specify whether a power-quality event, temperature excursion, packet loss, physical-access denial, failed remote-hands task, backup failure or security incident is covered. If the SLA covers only a logical API, say so plainly; do not infer facility or application protection from that promise.
2. Check every metric and the calculation formula
List each service-level indicator separately rather than accepting one availability number. Depending on the service, relevant indicators include availability, capacity, latency, throughput, packet loss, power delivery, temperature and humidity, ticket acknowledgement, restoration, recovery-point objective (RPO) and recovery-time objective (RTO).
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The SLA should state the numerator, denominator, sampling frequency, time zone, billing period, rounding method and treatment of partial minutes. Ask whether measurements are time-based or request-based, whether retries are required, and whether an interruption must be consecutive for a specified duration before it counts.
For a time-based commitment, a typical structure is:
Availability = (measurement time − counted downtime) ÷ measurement time × 100
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That formula is not enough by itself. The contract must say which minutes are removed from the denominator, how overlapping incidents are handled and whether a monthly average can conceal a severe event on one day. A 99.99% target permits about 4.32 minutes of downtime in a 30-day month; 99.999% permits about 0.432 minutes under the same assumptions. Those figures are useful only if the SLA counts the same minutes you do.
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Request-based SLAs may count failed requests divided by total requests, while time-based SLAs may sample status at fixed intervals. Retries can improve the provider’s result or, if counted as additional failures, worsen it. Require the retry policy and the treatment of client timeouts, throttling and partial responses.
NVIDIA’s published example checks status every 15 minutes and excludes gaps shorter than 15 minutes. That approach can miss a series of brief but disruptive interruptions. Ask for raw telemetry or event-level logs, not just a rounded monthly percentage, and specify how clock drift and missing samples are resolved.
Make the scope and period explicit
Identify whether the result is calculated per calendar month, billing month, rolling period, incident or contract year. State the time zone and whether leap days, daylight-saving changes and partial first or final months affect the denominator. Require a report that shows component-level results, excluded intervals and the formula used.
3. Separate planned maintenance from an outage
Maintenance language can remove substantial time from an availability calculation. Divide it into planned, emergency and customer-approved maintenance, and define for each category:
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- Minimum advance notice and the approved notification channel.
- Maximum duration and frequency.
- Blackout periods, change freezes and business-critical dates.
- Whether the work is removed from the denominator or remains covered.
- Whether a failed or overlong maintenance event becomes counted downtime.
Require a maintenance record with start time, end time, affected components, notice timestamp and reason. “Emergency maintenance” should not be an unlimited exclusion; set a definition, notification deadline and post-event explanation.
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Challenge broad exclusions
Common exclusions include force majeure, utility or carrier failures, customer equipment or software, misconfiguration, quota breaches, abuse, malformed requests, unsupported or preview features, third-party services and events outside the provider’s demarcation point. Google and AWS service terms illustrate how extensive these lists can be. Ask the provider to identify the exact exclusion relied on in every incident report and to prove that the facts satisfy it.
Do not accept an exclusion for customer configuration unless the prerequisite is documented, technically testable and under your control. A provider should not be able to add a new dependency or change a supported-version rule without notice and a reasonable migration period.
4. Record customer prerequisites and assign ownership
Many SLAs apply only when the customer follows operational rules. Put those rules in an attachment and map each one to an owner, monitoring source and escalation path. Check for requirements covering:
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- Supported firmware, operating-system, API and client versions.
- Capacity limits, quotas, rate limits and traffic-shaping rules.
- Retry, timeout, circuit-breaker and idempotency behavior.
- Security controls, credentials, certificates and approved access methods.
- Ticket channels, mandatory diagnostic data and contact availability.
- Backup schedules, restore tests and customer participation in failover exercises.
Ask what happens when a prerequisite is temporarily impossible during an emergency. The contract should distinguish a proven cause from a speculative assertion and require notice before coverage is denied.
5. Specify incident handling and support obligations
Availability and support are different commitments. A service may remain technically available while a critical fault waits hours for a response. Define severity levels and a clock for each stage:
- Acknowledgement: when the provider confirms receipt and assigns an incident owner.
- Investigation start: when qualified staff begin diagnosis.
- Workaround: when a temporary method restores useful service.
- Restoration or repair: when the affected function returns to the agreed level.
- Permanent fix: when the underlying defect is corrected or formally accepted.
- Escalation and communication: who is paged, how often updates arrive and which status page or channel is authoritative.
- Post-incident report: delivery deadline, timeline, root cause, contributing factors and corrective actions.
Mark each target as binding or as a “commercially reasonable” objective. NVIDIA, for example, describes a 24-hour resolution as a commercially reasonable target for a defined critical issue; that wording is weaker than a credit-bearing deadline. Require 24/7 escalation for critical events, named contacts, a backup contact and a route that does not depend on the failed service.
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6. Test resilience, continuity and recovery separately
An uptime percentage does not promise that your workload survives a site, power, cooling, network or control-plane failure. Verify the failure domain and architecture behind each commitment.
Infrastructure redundancy
- Ask whether power feeds, UPS units, generators, cooling loops, switches and carriers are independently redundant.
- Identify single points of failure and the maintenance mode in which redundancy is reduced.
- Confirm whether redundancy is within one room, one building, a campus or separate geographic sites.
- Determine whether your rack, circuit or account is placed in the same failure domain as other critical systems.
Backup and disaster recovery
- Record backup frequency, retention, encryption and immutability.
- Require documented restore tests, test frequency and evidence of successful recovery.
- Set an RPO (maximum acceptable data loss) and RTO (maximum acceptable restoration time).
- Name the disaster-recovery region or site, its capacity and activation criteria.
- Confirm data residency, cross-border transfer rules and the process for returning or destroying data.
- Define migration, export formats, network assistance and exit support when the contract ends.
Infrastructure descriptions may discuss paired regions or availability zones for high availability, disaster recovery and backup, but those capabilities are not automatically included in your order. Identify the exact features, regions and charges in the service description and order form.
7. Include security, compliance and physical-access evidence
Ask for the evidence needed to verify obligations, not a general assurance. The SLA or incorporated security schedule should address:
- Physical entry controls, visitor records and access-log retention.
- Security-incident notification deadline and update cadence.
- Vulnerability handling, patch responsibilities and penetration-test summaries.
- Subcontractors, carrier dependencies and notification of material changes.
- Compliance reports, audit reports and your right to review relevant controls.
- Media handling, sanitization and certified data destruction at termination.
Limit audit rights only as necessary to protect other customers and facility security. Offer alternatives such as independent reports, supervised inspections, sample logs or third-party attestations when raw data cannot be shared.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.8. Understand credits, caps and the claim process
Service credits are usually a limited remedy, not compensation for every business loss. Obtain the complete credit table and check:
- Whether the calculation uses monthly recurring fees, the affected service fee or a broader account total.
- Credit tiers, rounding, currency and whether multiple incidents stack.
- The maximum credit per month, incident or contract year.
- Expiry, non-cash treatment and whether credits apply automatically.
- Any sole-and-exclusive-remedy clause and interaction with the general liability cap.
An AWS SLA cited in provider terms makes service credits the exclusive remedy for covered failures. If your contract uses similar language, negotiate separate treatment for data loss, confidentiality, security breaches, gross negligence or willful misconduct where appropriate.
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Make claims auditable
Set the deadline, submission channel and required evidence in the contract. Microsoft notes that providers generally do not file claims automatically; a Google Compute Engine financial-credit example gives customers 60 days to notify technical support. Treat such deadlines as hard cutoffs.
Preserve synchronized monitoring data, packet captures, application logs, provider ticket numbers, maintenance notices, incident timestamps and business impact. Require the provider to acknowledge a claim, provide its calculation and identify every excluded interval. Add a dispute procedure with escalation to a technical reviewer and, if necessary, an independent auditor.
9. Use a side-by-side review matrix
When comparing proposals, copy the same questions into one matrix. Do not rank a provider on percentage alone.
| Review area | What to record |
|---|---|
| Covered boundary | Facility, site, rack, circuit, platform, interface and dependencies |
| Availability and performance | Availability, latency, throughput, packet loss, power, environment and support indicators |
| Measurement | Formula, denominator, sampling interval, retries, time zone, period and rounding |
| Maintenance and exclusions | Notice, duration, blackout rules, denominator treatment and exclusion proof |
| Resilience | Power, cooling, network and control-plane redundancy; backup, RPO, RTO and recovery site |
| Support | Severity definitions, acknowledgement, restoration, escalation and report deadlines |
| Security and compliance | Physical controls, incident notice, audit evidence, subcontractors and destruction |
| Data and exit | Residency, export format, migration assistance and termination timetable |
| Remedy | Credit basis, tiers, cap, stacking, expiry and sole-remedy wording |
| Claims and audit | Deadline, channel, evidence, provider reports and dispute process |
| Commercial terms | Price, service term, renewal, change notice and suspension rights |
10. A practical contract-review sequence
- Collect the master agreement, order form, service description, SLA version, security schedule and region-specific terms.
- Mark every defined term related to availability, downtime, maintenance, incident and measurement.
- Draw the physical and logical service boundary, including dependencies and demarcation points.
- Rewrite each metric as a formula with a period, interval, denominator and evidence source.
- List every exclusion and test whether the provider can unilaterally invoke it.
- Map prerequisites to your owners, controls and monitoring alerts.
- Compare support clocks with your business impact: acknowledgement is not restoration.
- Validate redundancy, backups, restore tests, RPO, RTO, residency and exit assistance in writing.
- Calculate the largest possible credit and compare it with your likely loss and liability exposure.
- Run a tabletop outage and claim exercise: who detects it, who opens the ticket, what evidence is saved, when updates arrive and how a disputed credit is escalated.
What a defensible SLA should leave you knowing
You should be able to answer, without interpretation: what failed; whether that component is inside the boundary; which clock started; how the provider measured it; which minutes were excluded and why; what support actions were due; what resilience options protect the workload; what evidence you can obtain; and exactly how, when and for how much you may claim. If any answer depends on a sales presentation or an undefined “reasonable efforts” phrase, the SLA is not yet specific enough to protect a production dependency.
Frequently Asked Questions
Does 99.99% uptime guarantee that my workload is protected?
No. It may cover only a defined service or pooled scope and can exclude maintenance, customer causes, dependencies and short interruptions. Verify failure domains, redundancy, backups, RPO, RTO and the measurement formula separately.
What evidence is strongest when my measurement disagrees with the provider’s?
Use synchronized external monitoring, provider tickets, application and network logs, packet captures, maintenance notices and exact incident timestamps. The contract should provide raw telemetry or reports and a process for independent review.
Are support response and restoration the same SLA?
No. Require separate, credit-bearing clocks for acknowledgement, investigation, workaround, restoration, permanent correction, update cadence and the post-incident report.
Quick Recap
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