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          Load Balance

          BLB Service Level Agreement (SLA) (V2.0)

          Effective Date of Agreement: January 15, 2019

          This Service Level Agreement (hereinafter referred to as "SLA") stipulates service availability level indicator and compensation plan for Baidu Load Balance (referred to as "BLB") provided to clients by Baidu AI Cloud.

          1.Definition

          Service Cycle: A service cycle is a natural month.

          Total Minutes of Service Cycle: Calculated based on total number of days in service cycle "24 (hours)" 60 (minutes).

          Unavailable Minutes of Single Instance: When a client fails all consecutive attempts to establish a connection with a certain listening in the specified BLB instance within a certain minute, it is considered that the listening service is unavailable within that minute. Sum of the unavailable minutes of all listening services included in a single BLB instance in a service cycle.

          Total Minutes of Instance Service Cycle: Sum of total minutes of all listening service cycles included in a single BLB instance in a service cycle.

          Monthly Service Fee: The total service fee paid by a client for a single BLB instance in a natural month. If the client has paid service fees for multiple months at a time, the monthly service fee will be calculated based on the number of months purchased.

          2.Service Availability

          2.1 Calculation Method of Service Availability

          SLA_NAT_01.png

          2.2 Service Availability Commitment

          Baidu BLB promises 99.95% service availability for a single instance.

          If BLB service fails to meet the above service availability commitments, the client may receive compensation in accordance with Article 3 of the SLA. The compensation scope excludes unavailability due to:

          (1) System maintenance performed by Baidu AI Cloud after notifying users in advance, including cutover, repair, upgrade and simulated failure drills;

          (2) Any network or equipment failure or configuration adjustment other than the equipment owned by Baidu AI Cloud;

          (3) Hacker attack to application or data information of the users;

          (4) Loss or leakage of data, commands, passwords, etc . caused by improper maintenance or confidentiality of the users;

          (5) Negligence of the users or operation authorized by the users;

          (6) The users do not configure backend server or load balance service can not work due to backend server failure;

          (7) Force majeure and accidents;

          (8) Load balance service only pays for load balance itself, and does not pay for other cloud services associated with load balance instance.

          (9) Load balance service can not work by reasons other than Baidu AI Cloud.

          3.Service Compensation Clause

          3.1 Compensation Standard

          According to monthly service availability of BLB single instance, compensation amount is calculated according to standard in the following table. Compensation method is limited to the voucher used to purchase BLB products, and the total compensation amount does not exceed monthly service fee paid by the client for BLB in the month in which service availability commitment is not met.

          Service availability Amount of compensation voucher
          Less than 99.95% but equal to or higher than 99.00% 10% of monthly service fee
          Less than 99.00% but equal to or higher than 95.00% 25% of monthly service fee
          Less than 95.00% 100% of monthly service fee

          3.2 Time Limit of Application for Compensation

          Clients can file a claim for instances where availability was not met last month after the fifth (5) business day of each month. Application for compensation must be limited to two (2) months after the end of the relevant month in which BLB instance has not reached availability. Application for compensation beyond the time limit will not be accepted.

          4.Other Instructions

          (1) To the extent permitted by laws and regulations, Baidu reserves the right of final interpretation of the SLA.
          (2) The SLA shall take effect as soon as it is published, Baidu AI Cloud has the right to modify the terms of this SLA. If there are any changes to the terms of the SLA, Baidu AI Cloud will notify you 30 days in advance by publicizing on the website or sending an email. If you do not agree with the modification made by Baidu AI Cloud to the SLA, you have the right to stop using BLB service. If you continue to use BLB service, you are deemed to accept the modified SLA.
          (3) All notifications of Baidu AI Cloud to users under the SLA can be made through webpage announcements, messages, emails, SMS or other forms. Such notifications are deemed to have been delivered to the recipients on the date of delivery. Baidu AI Cloud shall not be held liable for any losses incurred as a result of the users' failure to learn about the service changes or termination terms of Baidu AI Cloud.
          (4) The conclusion, implementation and interpretation of the SLA and the resolution of disputes shall be applicable to Chinese law and shall be governed by Chinese courts. If there is any dispute between the two parties regarding the content of the SLA or its implementation, the two parties shall try to resolve the issue through friendly negotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court of Haidian District of Beijing.
          (5) The SLA constitutes an entire agreement between the two parties on the matters agreed in the SLA and other related matters. Except as provided in the SLA, no other rights are granted to the parties to the SLA.
          (6) If any agreement in the SLA is completely or partially invalid or not enforceable for whatever reason, the rest of the SLA is still valid and binding.
          (7) For the clauses of users constraints, please see the related provisions of "Baidu AI Cloud User Service Agreement".
          (8) For the exemption clauses of service provider, please see the related provisions of "Disclaimer" in "Baidu AI Cloud User Service Agreement".

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