Effective date: January 15, 2019

The Service Level Agreement (referred to as "SLA") specifies the service availability level index and compensation scheme of the Data Transmission Service (hereinafter referred to as "DTS") provided by Baidu AI Cloud to users.

1. Definitions

Service Cycle: A service cycle is a natural month.

Total minutes of the service cycle: It is calculated according to the formula in the service cycle: Total number of days*24 (hr)*60 (min).

Service unavailable minutes: When the write data of an DTS instance cannot be transferred to the target and the status lasts for more than 5 minutes, the DTS instance service is deemed unavailable. The sum of service unavailable minutes of the DTS instance within one service cycle is the service unavailable minutes.

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

2. Service Availability

2.1 Service Availability Calculation Formula

The service availability is calculated as follows with single instance as dimension:

2.2 Service availability commitment

The committed SCS service availability is no less than 99.95%, i.e., the user's monthly service availability time should be 30?24?60?99.95%=43178.4 (minutes), and there is an unavailable time of 43200-43178.4=21.6 (minutes).

If SCS fails to reach the service availability commitment above, the user can obtain the compensation stipulated in Article 3 hereof. The scope of compensation does not include the service unavailability time caused by the following reasons:

(1)Data source or data target itself;
(2) User's failure to follow DTS instructions;
(3) User's failure to update on the DTS console timely after the user name and password of the data source or the data target are modified;
(4) User's negligence or operation authorized by the user;
(5) User's failure to follow the product use documents or suggestions;
(6) System maintenance after notifying the user in advance;
(7) Network and device failure or configuration adjustment except for DTS devices;
(8) Caused by force majeure or other accidents;
(9) Unavailability caused by reasons other than Baidu AI Cloud.

3. Compensation scheme

3.1 Compensation standard

The compensation amount for the monthly service availability of a single SCS instance should be calculated according to the requirements in the table below, and the compensation is made only by the vouchers used for the purchase of SCS products. The total compensation amount should not exceed the monthly service fee paid for the SCS instance, and for the month in which the service availability commitment is not accomplished.

3.2 Time limit for compensation application

The user can apply for compensation after the fifth (5th) working day of each month for instances failing to reach availability last month. The compensation application must be put forward within two (2) months after the end of the relevant month when the cloud database DRDS instance is not available. If the claim exceeds the time limit, it is not accepted.

4. Others

(1) Baidu reserves the right to give the final interpretation of this agreement to the extent permitted by laws and regulations.
(2) Baidu AI Cloud has the right to modify the SLA clauses. In case of any modification in this SLA, Baidu AI Cloud will inform you through a webpage bulletin or an 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 SCS service. If you continue to use SCS service, it is deemed to accept the modified SLA clauses.
(3) All notices given by Baidu AI Cloud's SCS service to users under this agreement can be made in webpage notice, message, email, SMS, or by other forms; such notices shall be deemed to have been delivered to the users on the date of delivery. Baidu AI Cloud shall not bear any losses the users encountered.
(4) The conclusion, execution, and interpretation of this agreement and the settlement of disputes shall be governed by Chinese laws and subject to the jurisdiction of Chinese courts. In case of any dispute between both parties regarding the content hereof or its execution, both parties shall try their best to resolve it through friendly negotiation. In case of failure to settle the dispute through the negotiation, either party may bring a lawsuit to the Haidian District People's Court, Beijing.
(5) This agreement constitutes the entire agreement between both parties on the matters agreed herein and other related matters. Unless otherwise stipulated in this agreement, no other rights are granted to the parties hereto.
(6) If any provisions in this agreement is totally or partially invalid or unenforceable for any reason, the remaining provisions in this agreement shall remain effective and binding.
(7) For the provisions regarding the user restriction, see the relevant provisions specified in the "User's Rights and Obligations" of the User Service Agreement.
(8) For the exemption clause applicable to the service providers, see the relevant clause of "Disclaimer" in the User Service Agreement.