百度智能云

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          Virtual Private Cloud

          Peer Connection Service Level Agreement (SLA)

          Effective date of Agreement: January 15, 2019.

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

          1.Definition

          Service cycle: A service cycle is a natural month.

          Service region: peer connection services in Chinese Mainland (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).

          Number of unavailable minutes of a single instance service: Within a certain minute, when all consecutive attempts by a customer to establish a peer connection with a designated express tunnel instance fail, the express tunnel instance service is considered unavailable within that minute. The unavailable minutes of peer connection instance within one service cycle are namely the unavailable minutes of single instance services.

          Monthly service fee: The total service fee paid by a client for a single peer connection instance in a natural month. If the client has paid service fees for multiple months at a time, the monthly service fee will be calculated based on the number of months purchased.

          2.Service Availability

          2.1 Calculation Method of Service Availability

          SLA_VPC_01.png

          2.2 Service Availability Commitment

          The peer connection of Baidu AI Cloud promises the single instance service availability of 99.95%. If Peer Connection Service fails to meet the above service availability commitments, the client may receive compensation in accordance with Article 3 of the SLA. 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) Peer connection service unable to be used for reasons other than Baidu AI Cloud.

          3.Service Compensation Clause

          3.1 Compensation Standard

          The compensation amount is calculated in the standard in the Table below according to the monthly service availability of the single instance of peer connection, and the compensation method is only limited to the cash coupons for purchase of peer connection. The total compensation doesn't exceed the monthly service fees paid by the customer for the peer connection instance in the month when the service availability promise is not reached.

          Service availability Amount of compensation voucher
          Less than 99.95% but equal to or higher than 99.85% 5% of monthly service fee
          Less than 99.85% but equal to or higher than 99.75% 10% of monthly service fee
          Less than 99.75% but equal to or higher than 99.65% 15% of monthly service fee
          Less than 99.65% 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. Application for compensation must be limited to two (2) months after the end of the relevant month in which Peer Connection Service 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. 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 connection service. If you continue to use the peer connection service, it is deemed that you accept 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.

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