百度智能云

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          Express Tunnel

          Service Level Agreement (SLA)

          Effective Date of Agreement: January 15, 2019

          This Service Level Agreement (hereinafter referred to as "SLA") stipulates the service availability level indicator and compensation plan of the Express Tunnel (hereinafter referred to as "ET") provided by Baidu AI Cloud for customers.

          1.Definition

          Service Cycle: A service cycle is a natural month.

          Service Region: Mainland China (excluding Hong Kong, Macao and Taiwan).

          Total Minutes of Service Cycle: Calculated based on total number of days in service cycle 24 (hours) 60 (minutes).

          Unavailable Minutes of Service: Within a certain minute, when all consecutive attempts by a customer to establish a connection with a designated express tunnel instance fail, the express tunnel instance service is considered unavailable within that minute. The sum of the minutes when the express tunnel instance is unavailable in a service cycle is the number of unavailable service minutes.

          Monthly Service Fee: The monthly service fee is the total service fee paid by a customer to Baidu AI Cloud for a single express tunnel instance in a natural month. If the customer pays the service fee for multiple months at lump-sum, the monthly service fee will be calculated based on the number of months purchased. The fee paid by users for purchasing third-party express tunnel service in the cloud market are not included in the monthly service fee.

          2.Service Availability

          2.1 Calculation Method of Service Availability

          ET3.png

          2.2 Service Availability Commitment

          It is promised that the service availability for single line access is up to 99.5% and that for multi-line access is up to 99.95% for the express tunnel service of Baidu AI Cloud.

          Note:

          1.Single line access means that the user has only one physical line to access the express tunnel access point of Baidu AI Cloud; multi-line access means that the user has multiple physical lines to access multiple express tunnel access points of Baidu AI Cloud, and the multiple lines are mutually redundant.

          2.It is promised that for Baidu AI Cloud express tunnel service, the availability means the part between the private network of Baidu AI Cloud and the access points of express tunnels, and the network availability between the access points of express tunnels and users’ data centers is provided and guaranteed by service providers of express tunnels.

          If the above service availability commitments of express tunnels are not satisfied, customers may obtain compensation in accordance with Article 3 of this agreement. The compensation scope excludes unavailability due to:

          (1) System maintenance performed by Baidu AI Cloud after notifying users in advance, including cutover, repair, upgrade and simulated failure drills;

          (2) Any network or equipment failure or configuration adjustment other than the equipment owned by Baidu AI Cloud;

          (3) Hacker attack to application or data information of the users;

          (4) Loss or leakage of data, commands, passwords, etc . caused by improper maintenance or confidentiality of the users;

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

          ( 6) Force majeure and accidents;

          (7) Express tunnel service unable to be used for reasons other than Baidu AI Cloud.

          3.Service Compensation Clause

          3.1 Compensation Standard

          According to the monthly service availability of a single instance of express tunnels, the compensation amount is calculated in accordance with the standards in the following table. The compensation method is limited to the coupons used to purchase express tunnel, and the total compensation amount will not exceed the monthly service fee of a single instance paid by the customer for the express tunnel instance in the month in which the service availability promise is not satisfied.

          Service availability of single line access Service availability of multi-line access Amount of compensation voucher
          Less than 99.5% but equal to or higher than 99.00% Less than 99.95% but equal to or higher than 99.50% 5% of monthly service fee
          Less than 99.00% but equal to or higher than 98.50% Less than 99.50% but equal to or higher than 99.00% 10% of monthly service fee
          Less than 98.50% Less than 99.00% 20% of monthly service fee

          3.2 Time Limit of Application for Compensation

          Clients 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 shall be proposed within two (2) months after the end of the related month in which the express tunnel instance has not reached availability. Application for compensation beyond the time limit will not be accepted.

          4.Other Instructions

          (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. If there are any changes to the terms of the SLA, Baidu AI Cloud will notify you 30 days in advance by publicizing on the website or sending an email. If you do not agree with the modification made by Baidu AI Cloud to the SLA, you are entitled to stop using the express tunnel service. If you continue to use the express tunnel service, you are deemed to have accepted the modified SLA.

          (3) All notifications of Baidu AI Cloud to users under the SLA can be made through webpage announcements, messages, emails, SMS or other forms. Such notifications are deemed to have been delivered to the recipients on the date of delivery. Baidu AI Cloud shall not be held liable for any losses incurred as a result of the users' failure to learn about the service changes or termination terms of Baidu AI Cloud.

          (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 clauses of user restrictions, please see the terms and conditions of "User's rights and obligations" in <User Service Agreement>.

          (8) For clauses of service provider's disclaimer, please see the "Disclaimer Terms" in <User Service Agreement>.

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