What is the difference between 99.9% and 99.99% uptime?

Mathematically: 99.9% allows ~43 minutes of downtime per month; 99.99% allows ~4 minutes. Commercially: 99.9% is standard for mainstream SaaS; 99.99% is enterprise-grade and usually requires a premium tier. The jump from 99.9% to 99.99% is a 10× reduction in permitted downtime and often a substantial price uplift.

Are service credits a real remedy?

Service credits function as the primary SLA remedy, but they are almost always capped at a fraction of fees paid — typically 10 to 25 percent of monthly fees. For mission-critical services where an outage causes far larger business losses, service credits are more symbolic than compensatory. That is why SLAs should pair credits with a clear termination right for sustained breach.

Should I negotiate the SLA or accept the vendor's standard?

For low-stakes commodity SaaS, the vendor's standard is usually acceptable. For mission-critical services — core infrastructure, regulated data, contractual promises you have made to your own customers — negotiate. Key levers: measurement methodology, stricter thresholds, broader exclusion carve-outs, increased credit caps, termination right after a defined number of missed months.

Service Level Agreement (SLA)

Service Levels · Performance Commitments · SLA Clause

A Service Level Agreement (SLA) is a contract component that sets measurable performance targets a provider commits to meeting — typically uptime, response time, resolution time — with defined credits or remedies when the targets are missed. SLAs turn marketing promises ("highly available," "responsive support") into enforceable commitments.

What an SLA actually does

An SLA translates qualitative service promises into quantitative, measurable thresholds. Uptime is the most familiar: 99.9% availability means at most 43 minutes of downtime per month; 99.99% means at most 4 minutes. Response-time SLAs commit the provider to acknowledging a support ticket within a defined window (1 hour for critical, 24 hours for non-critical). Resolution-time SLAs go further, committing to a fix or workaround by a deadline. When an SLA is missed, the customer typically gets service credits — a percentage of that month's fees refunded or applied against future invoices — and, for sustained or severe breaches, a termination right.

Why it matters

SLAs are where service contracts either become enforceable or become decorative. A well-drafted SLA gives the customer real recourse when the service underperforms; a poorly drafted one creates the illusion of protection while leaving the provider free to deliver far less than promised. The gap between "99.9% uptime" marketing copy and a contractual commitment with measurement methodology, exclusions, and service credits is where legal teams earn their keep. Review any SaaS or managed-services contract for SLA specifics before signing — the details determine whether you have a contract or a prayer.

Common pitfalls

1.Uptime measured to the hour rather than the minute — rounds every partial-hour outage down to zero, letting significant downtime go uncounted.
2.Service credit caps so low the provider is effectively indifferent to missing SLAs — a 5% cap on a $10K/month contract is $500, not enough to change behaviour.
3.Exclusions so broad they consume the SLA — maintenance windows that can be called with zero notice, "beyond provider's control" catch-all, beta features exempted.
4.No independent measurement — if only the provider's own monitoring counts, disputes about whether an outage occurred are unwinnable.
5.Service credits do not stack with termination — a provider can chronically miss SLAs, pay small credits, and still block termination, leaving the customer stuck.

Frequently asked questions

What is the difference between 99.9% and 99.99% uptime?: Mathematically: 99.9% allows ~43 minutes of downtime per month; 99.99% allows ~4 minutes. Commercially: 99.9% is standard for mainstream SaaS; 99.99% is enterprise-grade and usually requires a premium tier. The jump from 99.9% to 99.99% is a 10× reduction in permitted downtime and often a substantial price uplift.
Are service credits a real remedy?: Service credits function as the primary SLA remedy, but they are almost always capped at a fraction of fees paid — typically 10 to 25 percent of monthly fees. For mission-critical services where an outage causes far larger business losses, service credits are more symbolic than compensatory. That is why SLAs should pair credits with a clear termination right for sustained breach.
Should I negotiate the SLA or accept the vendor's standard?: For low-stakes commodity SaaS, the vendor's standard is usually acceptable. For mission-critical services — core infrastructure, regulated data, contractual promises you have made to your own customers — negotiate. Key levers: measurement methodology, stricter thresholds, broader exclusion carve-outs, increased credit caps, termination right after a defined number of missed months.

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Service Level Agreement (SLA)

What an SLA actually does

Why it matters

Common pitfalls

Related terms

Frequently asked questions

Review your SLAs with Attorly

Service Level Agreement (SLA)

What an SLA actually does

Why it matters

Common pitfalls

Related terms

Frequently asked questions

Review your SLAs with Attorly