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A well-drafted SLA should impose consequences on service providers if service falls below agreed levels, for example, a service credit system where the provider pays you a set amount or delivers extra services at no additional cost each time the service provider fails to meet the agreed service levels. This encourages the provider to meet the SLA requirements. Be wary of accepting service credits as your sole remedy for failure to attain required service levels.
If the service level is below what has been agreed in the SLA, then it may be possible to terminate the arrangement if there is a suitable termination clause in the SLA. This should also allow for you to claim for damages, subject to any contractual limitations, for any loss you have suffered as a business resulting from the poor service levels, provided service credits have not been specified as the sole remedy for breach of the service levels under an SLA.
The potential for issues like this to arise highlights the importance of having a well-drafted SLA that covers all eventualities. Where there is no service credit system or carefully worded termination clause you could end up being stuck with a poor performing service provider for longer than you wish.
Our IT solicitors are ranked highly in the top legal directories that include Chambers and Partners (Band 2) and Legal 500 (Tier 2), whilst the firm is also recognised as a Leading Firm in both directories.
We have offices in London and across the South East including Gatwick and Crawley, Hassocks, Horsham, Brighton and Guildford.
Please note that visits to our office is by appointment only. If you wish to contact one of our IT or cyber security experts you can do via our online enquiry form
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Recent work
Sectors
Legal advice relating to a ransomware attack
Advising client whose supplier was subject to a ransomware attack. We act for a client in relation to the provision of IT Services from a supplier, who was subject to a ransomware attack leading to repercussions for our client. We are advising our client on their rights and potential claim to damages.
Advising retail solutions provider on cyber and data protection issues
Advising client on structure of framework contracts, master services arrangements and IT solutions, including data protection structure and processing provisions. Advising on international data transfers agreements, use of SCCs/International Data Transfer Agreement and Transfer Risk Assessment for adhering to technical and organisational and other data security measures.
Legal support to airline technical solutions provider
Advising on provision of SaaS service and data processing arrangements, including cross-border data transfer arrangements for airlines in different jurisdictions, international data transfer contracts and risk assessments, data security considerations and linking to cyber security insurance. Advising and drafting a Data Breach Policy and Data Retention and Deletion Policy (internal and external versions), to support GDPR compliance obligations.
Advising IT platform development and infrastructure provider
Advising on data protection matters, regulatory compliance and drafting suite of data protection documents including general Privacy Policy, Cookies Policy, Data Handling Policy, Employee Data Protection Policy, Data Protection Impact Assessments, Legitimate Interests Assessments, Subject Access Request Process, intra-company Data Sharing Agreements (including international data transfer provisions) and Data Retention Policy.
Web shop terms and data processing
Advising a plumbing fixtures manufacturer on an agreement with an Instagram influencer and their web shop terms, as well as the provision of advice relating to data processing.
Commercial Business Law
Insights
Insights
For outline planning permissions, CIL indexation is fixed at the date the outline permission is granted. Developers should not accept liability notices that apply a later date.
08/10/2026
Insights
Commercial Court transparency is entering a new era. A two-year pilot scheme (“the Scheme”) was introduced on 1 January 2026.
07/10/2026
Insights
Changes initially promised are still being implemented slowly (and somewhat unevenly), leaving plenty of room for additional legislation seeking to improve matters further.
05/10/2026
Events
Join the Employment team over breakfast and refreshments in Gatwick for our annual Employment Law update seminar taking place on 24 November 2026 at 08.30 – 10.00.
