Effective date of Agreement: March 01, 2019

The Service Level Agreement (SLA) specifies the service availability index and compensation plan for Cloud File System (CFS) provided by Baidu AI Cloud to customers.

1.Definition

Service cycle: A service cycle is a natural month.
Total minutes of service cycle: Calculated based on the total number of days in the service cycle of a single CFS instance 24 (hours) 60 (minutes). Unavailable minutes of service: If a request to a CFS instance fails within one continuous minute, the CFS instance is considered unavailable within that minute. The total number of minutes of unavailability of a single CFS instance during a service cycle is the number of minutes of service unavailability. Monthly service fee: The monthly service fees are the total service fees paid by the customer for the single CFS 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

Service availability is based on the single CFS instance as the dimension and is calculated as follows:

2.2 Service Availability Commitment

CFS promises that the service availability in each service cycle is not less than 99.9%.
If CFS fails to meet the service availability commitment, customers can apply for 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) Service unavailability caused by the customer's failure to follow the usage documentation or recommendations for Baidu AI Cloud products such as those caused by the customer's operation of the CFS instance in the console, API or CLI;
(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 a single CFS instance, if the service availability is less than 99.9%, compensation can be obtained according to the standards in the following table. The compensation method is limited to vouchers used to purchase CFS products, and the total compensation shall not exceed the monthly single instance service fee paid by the customer for the CFS instance in the month in which the service availability commitment is not met.

3.2 Time Limit of Application for Compensation

Clients can file a claim for CFS instances where availability was not met last month after the fifth (5) business day of each month. The compensation application must be filed within two (2) months after the end of the months in which CFS 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 notifications of CFS services under this agreement can be made by users through webpage announcements, website letters, emails, mobile text messages or other forms; such notifications are deemed to have been delivered to the recipient on the day of sending.
(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. (8) For the exemption clauses of service provider, please see the related provisions of Disclaimer.