Effective Time: January 15, 2019

This Service Level Agreement (Service Level Agreement, SLA) specifies the service availability level index and compensation scheme of the Baidu Cloud Compute (BCC) provided by Baidu AI Cloud to customers.

1. Definitions

Service cycle: A service cycle is a calendar month.

Total minutes of single instance service cycle: Total number of days in an instance service cycle ∗ 24(hours) ∗ 60(minutes).

Instance unavailable: If the Baidu AI Cloud failure causes that a BCC instance with the access control rules can not be connected to any two-way (inbound/outbound) IP through the TCP or UDP protocol, and this status lasts for more than one minute, the BCC instance is considered as unavailable within this minute.

Minutes of single instance service unavailable: It is the sum of minutes of single instance service unavailable in a service cycle.

Single region and multi-availability zones service unavailable: If the BCC instance of the user is deployed in at least two availability zones in the same region (hereinafter referred to as single region and multi-availability zones), all BCC instances of this user are unavailable in any availability zone in this region, and the BCC instances of this user are also unavailable in other availability zones in this region (hereinafter referred to as unavailable BCC instances in other availability zones in the same region), the unavailable BCC instances in other availability zones in same region is considered as the single region and multi-availability zones service unavailable.

Minutes of a single region and multi-availability zones service unavailable for single instance: It is the sum of minutes of a single region and multi-availability zones service unavailable for a single instance in a service cycle.

Monthly Service Fee It is the total service fee paid by users for a single BCC instance in a service cycle (i.e., natural month). If users pay the service fee for more than one month at a time, the monthly service fee is calculated according to the monthly apportionment of the purchased service fee.

2. Service Availability

2.1 Service Availability Calculation Formula

The availability of each BCC instance is calculated by the following two dimensions below according to the service cycle:

(1) Single instance dimension:

(2) Single region and multi-availability zones dimension:

2.2 Service Availability Commitments

1. For the single instance dimension, Baidu AI Cloud promises that the BCC service availability is not less than 99.95% in a service cycle.
2. For the single region and multi-availability zones dimension, Baidu AI Cloud promises that the BCC service availability is not less than 99.99% in a service cycle.

If BCC fails to fulfill the said service availability commitments, the user may claim for indemnity according to Article 3 of this Agreement. However, the scope of indemnity does not cover the "Service Downtime" resulting from:

(1) Caused by system maintenance after Baidu AI Cloud notified users in advance, including handover, maintenance, upgrade and simulated failure drill;

(2) Caused by any network or equipment failure or configuration adjustment other than the equipment to which Baidu AI Cloud belongs;

(3) The user's application or data information is caused by a hacker attack

(4) Caused by the loss or disclosure of data, commands and passwords caused by improper maintenance or improper confidentiality by users;

(5) The user's negligence or action authorized by the user;

(6) Caused by force majeure or other accidents;

(7) There is a risk of data loss in the local disk of the cloud server stored on the local disk (such as damage to the local disk), and the unavailability caused by relying on the local disk and the data in the local disk as startup dependencies;

(8) The BCC service only pays the BCC itself, and does not pay for other cloud services associated with the BCC instance;

(9) Other BCC unavailable services caused by reasons other than Baidu AI Cloud.

3. Service Indemnity Clause

3.1 Indemnity Standard

(1) For a single BCC instance, if the service availability is less than 99.95%, compensation can be obtained according to the standards in the table below. The compensation method is limited to the vouchers used to purchase BCC products. The total compensation does not exceed the monthly service fee in the month in which the service availability commitment is not met. The single instance monthly service fee is paid by the customer for the BCC instance.

Service availability	Coupon sum as indemnity
Lower than 99.95% but equal to or higher than 99%	10% of the monthly service fee
Lower than 99% but equal to or higher than 95%	25% of the monthly service fee
Lower than 95%	100% of the monthly service fee

(2) If the service availability is less than 99.99% for BCC deployed in multiple availability zones in a single region, the compensation is paid under the standards in the table below. The compensation method is limited to the vouchers used to purchase the BCC products. The total compensation does not exceed the monthly service fee paid by the user for this BCC instance in the month when the service availability commitment is not met.

Service availability	Coupon sum as indemnity
Lower than 99.99% but equal to or higher than 99%	10% of the monthly service fee
Lower than 99% but equal to or higher than 95%	25% of the monthly service fee
Lower than 95%	100% of the monthly service fee

(3) If a BCC instance meets the compensation standards of compensation scheme (1) and (2), the higher compensation amount shall prevail.

3.2 Time limit for compensation application

The user can apply for compensation for the BCC instance that failed last month after the fifth (5) working day of each month. The compensation application must be submitted within two months after the end of the relevant month of the BCC failure. If the claim exceeds the time limit, it shall not be accepted.

4. Other Explanations

(1) Within the scope stipulated by laws and regulations, Baidu reserves the right of final interpretation to this Agreement.
(2) This Agreement comes into effect upon being made public. However, Baidu AI Cloud reserves the right to modify the SLA provisions. In case of any modification in this SLA, Baidu AI Cloud shall inform you by webpage bulletin or email. If you do not agree with Baidu AI Cloud to modify SLA, you have the right to stop the BCC service. If you continue to use the BCC service, you are deemed to accept the modified SLA.
(3) All notices given by Baidu AI Cloud to users under this Agreement can be made by webpage notice, message, email, SMS, or in other forms. Such notices shall be deemed to have been delivered to the users on the date of delivery. Baidu AI Cloud shall not be liable for any losses resulted from the user's failure to know the Baidu AI Cloud's service change or termination of the contractual conditions and terms.
(4) Formation, its execution and interpretation of this Agreement, and settlement of disputes in connection with the Agreement shall be governed by the laws of the People's Republic of China and subject to the jurisdiction of the courts of the P. R. C. If both parties have some disputes on this Agreement and its execution, the parties shall settle the disputes through amicable negotiation. In case no settlement is reached, either party may lodge a lawsuit to the People's Court of Haidian District, Beijing.
(5) This Agreement constitutes a complete agreement between both parties on the matters agreed in this Agreement and other related matters. Except as provided in this Agreement, no other rights are granted to the parties to this Agreement.
(6) If any provision in this Agreement is entirely/partially ineffective or ceases to be enforceable for any reason, the remaining provisions in this Agreement shall be still effective and binding upon all parties.