A typical SLA precludes that by specifying the remedy for noncompliance with the performance measure. Only if they fail to apply the remedy is there a material breach. For a month-to-month SLA, this limits liability to one month's subscription, as agreed in black-and-white.
Customers that demand service level agreements often fail to recognise that they cut both ways.
Customers that demand service level agreements often fail to recognise that they cut both ways.