CDN Service Level Agreement SLA-(V2.0)
Effective date of Agreement: January 15 , 2019
The Service Level Agreement (“SLA”) stipulates the availability level indicators and compensation plans of the Content Delivery Network (“CDN”) service to the user provided by Baidu AI Cloud.
Service cycle: A service cycle is a natural month. Service area: Mainland China(excluding Hong Kong, Macao and Taiwan). Total minutes of service cycle: Compute according to twenty-four (24) hours a day and seven (7) days a week in one month. Error request: CDN regards the requests with the HTTP status code 5XX and user’s normal requests which fail to arrive at the CDN server due to CDN service faults as error requests. Valid request: For all the domain name acceleration service of the user under the account of Baidu AI Cloud, the request received from CDN server is deemed as valid. Error rate per 5 minutes:
Monthly service fee： The total amount of the service fees the user pays for CDN in a natural month.
2. Service Availability
2.1 Service availability calculation formula
Compute the CDN service availability based on the service period. Compute the average error rate per 5 minutes by dividing the sum of errors per 5 minutes in the service period by the total number of 5 minutes in the service period, namely:
2.2 Service availability commitment
The CDN service availability is committed to be no less than 99.90% in a service period. If CDN fails to meet the above service availability commitment, you can have compensations according to Article 3 of the agreement.
Compensation range excludes the request failure or service unavailable time led by the following reasons:
(1)Baidu AI Cloud notifies users in advance of system maintenance, including reasonable upgrade, change, shutdown, cutover, maintenance and simulated fault drill;
(2)Any network or equipment failure or configuration adjustment other than the equipment owned by Baidu AI Cloud;
(3)Errors caused by domain ban due to user content violation or other reasons;
(4)The sudden increase in mass traffic caused by the lack of prior written notification to Baidu AI Cloud may result in availability reduction;
(5)Hacker attack to application or data information of the users;
(6)Loss or leakage of data, commands, passwords, etc . caused by improper maintenance or confidentiality of the users;
(7)Users’ negligence or the operation authorized by users;
(8)Force majeure and accidents;
(9)Other unavailability conditions not caused by Baidu AI Cloud;
(10)It is caused when you fail to follow the usage documentation or usage suggestions for Baidu AI Cloud products.
3. Compensation Plan
3. 1 Compensation standard
Based on the user's monthly service availability of CDN under a Baidu AI Cloud, compute the compensation according to the standard in the table below. The compensation method is limited to coupons used to buy Baidu AI Cloud CDN products, and the total compensation amount does not exceed 50% of the monthly service fee paid by user for the CDN under the account in which the service availability commitment is not met in that month.
|Service availability||Amount of compensation voucher|
|Less than 99.90% 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%||50% of monthly service fee|
3.2 Time limit of applying for compensation
User can file a claim for instances where availability was not met last month after the fifth (5) business day of each month. Claims for compensation must be put forward within two (2) months after the end of the relevant month in which the CDN does not reach availability. Application for compensation beyond the time limit will not be accepted.
(1)To the extent permitted by laws and regulations, Baidu reserves the right of final interpretation of the SLA.
(2)Baidu AI Cloud has the right to modify the SLA terms. For any modification to the terms of this SLA, Baidu AI Cloud will notify you by means of website publicity or email. If you do not agree with the modification made by Baidu AI Cloud to the SLA, you have the right to stop using CDN service. If you continue to use CDN service, you are deemed to accept the modified SLA.
(3)Under this agreement, all notices of Baidu AI Cloud CDN service to users can be made by means of Web announcement, message, email, SMS or other forms; such notices shall be deemed to have been delivered to the recipient on the date of sending. Baidu AI Cloud does not bear any losses caused thereby.
(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)As for the user governing clauses, see the “User Rights and Obligations” clauses in “User Service Agreements”.
(8)As for the service provider exception clauses, see the “Exceptions Declaration” in “User Service Agreements”.