Effective date of Agreement: January 15, 2019

The Service Level Agreement ("SLA") stipulates the service availability level index and compensation plan of Cloud Disk Storage (CDS) provided by Baidu AI Cloud to customers.

1.Definition

Service cycle: A service cycle is a natural month.
Total minutes of service cycle: Calculated by the total number of days 24(hours) 60 (minutes) within the single CDS instance service cycle.
Unavailable minutes of service: If all the requests to one CDS instance fail within one consecutive minute, it is deemed that the CDS instance is unavailable in the minute. The unavailable minutes of CDS instance within one service cycle are namely the unavailable minutes of services.
Monthly service fee: The monthly service fees are the total service fees paid by the customer for the single CDS instance within one service cycle (namely a natural month). If the customer pays the service fees for multiple months once only, the monthly service fees are calculated by apportionment according to the number of months of purchased services.

2.Service Availability

2.1 Service Availability Calculation Formula

Availability is calculated by service cycle, one service cycle is one natural month. The service unit of CDS service statistics is each CDS, and is calculated according to the formula below:

2.2 Service Availability Commitment

The Baidu AI Cloud CDS promises that the service availability within each service cycle is not lower than 99.95%.
If CDS doesn't reach the service availability promise above, the customer can apply for obtaining the compensation.
The scope of compensation does not cover the unavailability of services due to 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) It is caused by that the application of the customer is attacked by hackers;
(4) It is caused by the loss or leakage of data, commands and passwords, etc. due to improper maintenance or confidentiality of the customer;
(5) It is caused by the customer's negligence or operation authorized by the customer;
(6) It is caused by the customer's failure to follow the use documents or use recommendation of Baidu AI Cloud products, such as the unavailability caused by shutdown, restart, unloading, etc. of the CDS instances by the customer by the console, API or CLI, and other control modes;
(7) Errors caused by software installed by customers or other third-party software or configuration not directly operated by Baidu AI Cloud;
(8) Any network or equipment failure or configuration adjustment other than the equipment owned by Baidu AI Cloud;
(9) Force majeure and accidents;
(10) Other unavailability not caused by Baidu AI Cloud.

3.Compensation Plan

3.1 Compensation Standard

For the single CDS instance, if the service availability is lower than 99.95%, you can obtain compensation according to the standards in the Table below, and the compensation method is only limited to the cash coupons for purchase of CDS products. The total compensation doesn't exceed the monthly service fees of the single instance paid by the customer for the CDS instance in the month when the service availability promise is not reached.

3.2 Time Limit of Applying for Compensation

The customer can file a compensation application for the CDS instance failing to reach the availability in the last month after the fifth (5th) working days of each month. The compensation application must be filed within two (2) months after the end of the months in which CDS doesn't reach the service availability. Application for compensation beyond the time limit will not be accepted.

4.Miscellaneous

(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. 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 of SLA made by Baidu AI Cloud, you have the right to stop using the peer-to-peer connection service. If you continue to use the peer-to-peer connection service, it is deemed that you accept the modified SLA.
(3) All the notices to the users for Baidu AI Cloud CDS services under this Agreement can be sent by web announcement, message, email, SMS or other forms; the notices of this kind shall be delivered to the recipients on the sending date.
(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 user constraint terms, please see "User's Rights and Obligations" in 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.