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          Baidu Machine Learning

          BML Service Level Agreement (SLA) (V1.0)

          The Service Level Agreement (hereinafter referred to as "SLA") specifies the service availability level index and compensation scheme of the AI development platform Baidu Machine Learning (hereinafter referred to as "BML") provided by Baidu AI Cloud.

          1. Definition

          Service Cycle: A service cycle is one natural month. Instances: BML product workarea, training module and prediction module, as well as service that selects resource package configuration to run. Total minutes of single instance service cycle: Calculated according to the total number of days ∗ 24 (hours) ∗ 60 (minutes) in the single instance service cycle. Unavailable minutes of single instance service: The sum of unavailable minutes of a single instance within a service cycle. Instance not available: Due to the failure of Baidu AI Cloud, the BML product workarea module, training or prediction instance cannot be created or service jobs cannot be completed, and the status lasts for more than one minute, which is deemed that the BML product instance is unavailable within that minute. Monthly service fee: It is the total service fee paid for a single instance of BML product in a service cycle (i.e. natural month). If the user pays for multiple prepaid packages multiple prepaid packages, the monthly service fee will be calculated according to the actual consumption of that month.

          1. Service availability

          2.1 Service availability calculation method

          The service availability of BML will count the availability of each BML instance according to the service cycle:

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          2.2 Service Availability Commitment

          Baidu AI Cloud promises that the availability of BML services in a service cycle will not be less than 99.95%;

          If BML service fails to meet the above service availability commitment, the customer may obtain compensation in accordance with Article 3 of this agreement. The scope of compensation does not cover the unavailability caused by the following reasons:

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

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

          (3) User's application or data information attacked by hackers;

          (4) Loss or disclosure of data and passwords caused by improper maintenance or confidentiality of users;

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

          (6) Force majeure and accidents;

          (7) There is a risk of data loss in the local disk of the cloud server stored using the local disk (such as damaged local disk, etc.), and the data on the local disk and the local disk are not available as startup dependencies;

          (8) BML services only compensate for BML itself, not other cloud services associated with BML instances;

          (9) BML services caused by reasons other than Baidu AI Cloud cannot be used normally.

          1. Service Compensation Clause 3.1 Compensation standard
            If the service availability is lower than 99.95%, compensation can be obtained according to the standard in the table below. The compensation method is only limited to vouchers used to purchase BML products, and the total amount of compensation shall not exceed the monthly service fee paid by the customer for the BML instance in the month when the service availability commitment is not met.
          Service availability Amount of vouchers for compensation
          Lower than 99.95% but equal to or higher than 99% 10% of monthly service fee
          Lower than 99% but equal to or higher than 95% 25% of monthly service fee
          Lower than 95% 100% of monthly service fee

          3.2 Compensation Application Time Limit
          Users can apply for compensation after the fifth (5th) work day of each month for service failing to reach availability last month. Compensation application must be made within two (2) months after the end of the relevant month in which BML does not reach availability. Compensation application exceeding the time limit shall not be accepted.

          Other instructions

          (1) Baidu reserves the right of final interpretation of this agreement to the extent permitted by laws and regulations. (2) Baidu AI Cloud has the right to amend the SLA clause once this agreement is published and becomes effective immediately. If there are any changes to the SLA clause, Baidu AI Cloud will notify you by means of website publicity or email. If you do not agree with Baidu AI Cloud's modification to the SLA clauses, you have the right to stop the use of INF service. If you continue to use INF service, it will be deemed that you have accepted the modified SLA clauses. (3) All notices given by Baidu AI Cloud to users under this agreement can be made in web page notice, station letter, email, short message or other forms; such notices shall be deemed to have been delivered to the receipt on the date of delivery. Baidu AI Cloud will not be held responsible for any loss suffered by users due to their failure to timely know the service change or termination clause of Baidu AI Cloud. (4) The conclusion, execution and interpretation of this agreement and the settlement of disputes shall be governed by Chinese laws and shall be subject to the jurisdiction of Chinese courts. In case of any dispute between the two parties regarding the content of this agreement or its execution, the two parties shall try their best to resolve it through friendly negotiation; if the negotiation fails, either party may bring a lawsuit to the Haidian District People's Court, Beijing. (5) This Agreement constitutes the 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 agreement in this agreement is totally or partially invalid or unenforceable for any reason, the remaining agreements in this agreement shall remain valid with binding force. (7) For the terms of user restriction, please see the "Rights and Obligations of Users" in the User Service Agreement for more information. (8) For the exemption clause of service providers, please see the relevant clause of "Disclaimer" in the User Service Agreement for more information.

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