Service Level Agreements v kontextu softwarových smluv
Service Level Agreements in the Context of Software Contracts

Summary/Abstract: 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 a working definition of software contracts that is used as a basis for observing the elements of such contracts. These more general findings are then followed by a closer look at the phenomenon of service level agreements from a theoretical as well as a practical point of view. The article deals with the topic in a complex manner and analyzes not only the legal nature and contents of these agreements but also other relevant circumstances arising from the context in which these agreements are usually entered into. Further questions are therefore considered with emphasis on the entire framework of legal relationships that the agreements are a part of. Apart from the essential questions such as definition of the service level, the service itself and eventual sanctions, attention is also focused on often relevant additional provisions or certain technical questions that are of crucial importance for the application and practical usability of these agreements. Also considered are the topics of enforceability of the individual provisions, 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.

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