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          Virtual Private Cloud

          NAT Gateway Service Level Agreement (SLA)

          Effective date of Agreement: January 19, 2019.

          This Service Level Agreement (hereinafter referred to as "SLA") stipulates service availability level indicator and compensation plan for NAT (Network Address Translation, referred to as " NAT") provided to clients by Baidu AI Cloud.

          1.Definition

          Service cycle: A service cycle is a natural month.

          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: When all data packets in the egress of the NAT gateway instance are dropped by the NAT gateway in one minute, it is deemed that the NAT gateway instance services are unavailable in that minute. The sum of minutes of NAT gateway instance unavailability within a service cycle is the minutes of service unavailability.

          Monthly service fee: The total service fee paid by a client for a single NAT gateway 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_NAT_01.png

          2.2 Service Availability Commitment

          Baidu AI Cloud NAT Gateway undertakes 99.95% service availability of a single instance.

          If NAT gateway service fails to meet the undertaking of service availability above, customers can obtain compensation according to 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) NAT Gateway Service unable to be used for reasons other than Baidu AI Cloud.

          3.Service Compensation Clause

          3.1 Compensation Standard

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

          Service availability Amount of compensation voucher
          Less than 99.5% but equal to or higher than 99.00% 10% of monthly service fee
          Less than 99.00% but equal to or higher than 95.00% 25% of monthly service fee
          Less than 95.00% 100% 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 NAT gateway 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. 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 made by Baidu AI Cloud to the SLA, you have the right to stop using NAT Gateway Service. If you continue to use NAT Gateway Service, you are deemed to 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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