BCC Service Level Agreement SLA (V3_0)
Agreement effective date: 2024-09-25
This Service Level Agreement (hereinafter referred to as "SLA") specifies the metrics for service availability and the compensation plan for Baidu Cloud Compute (BCC) as provided to customers by Baidu AI Cloud.
1. Definition
Service period: One service period equals one calendar month.
Total minutes per singe instance service cycle: Calculated as total days of a single instance service cycle × 24 (hours) × 60 (minutes).
Instance unavailable: Due to Baidu AI Cloud failure, a BCC instance with ingress and egress rules configured fails to establish bidirectional (egress/ingress) TCP or UDP connections with any IP address for over one minute, which is deemed as instance unavailability during that minute.
Single-instance service unavailable minutes: The total minutes during which a single BCC instance is unavailable, during each service period.
Single-region multi-availability zone service unavailable: If a user deploys BCC instances in at least two availability zones within the same region (hereafter "single-region multi-availability zone"), and all BCC instances in one zone become unavailable while instances in other availability zones of the same region also become unavailable simultaneously (hereafter "unavailable BCC instances in other availability zones of the same region), such unavailable BCC instances shall be deemed as single-region multi-availability zone service unavailable.
Single-instance single-region multi-availability zone service unavailable minutes: The total minutes during which a single BCC instance's single-region multi-availability zone service is unavailable, during each service period.
Monthly service cycle: The total service fees paid by the user for a single BCC instance within one service cycle (i.e., a calendar month). If the user pays service fees of multiple months at one time, the monthly service fee is amortized based on the number of months purchased.
2. Service availability
2.1 Calculation method of service availability
The service availability of BCC will be calculated for each BCC instance based on the following two cases during each service period:
(1) Single-instance case:
(2) Single-region multi-availability zone case:
2.2 Service availability commitment
- For the single-instance case, Baidu AI Cloud guarantees a BCC service availability not less than 99.975% per service period;
- For the single-region multi-availability zone case, Baidu AI Cloud guarantees a BCC service availability not less than 99.995% per service period;
If the BCC service does not meet the guaranteed availability as stated, customers are eligible to claim compensation in accordance with Article 3 of this Agreement. However, compensation does not include unavailability caused by the following exclusions:
(1) System maintenance conducted after prior notification by Baidu AI Cloud, including migration, repairs, upgrades and simulated failure drills;
(2) Unavailability caused by network, device failures or configuration adjustments beyond the Baidu AI Cloud equipment;
(3) Unavailability caused by hacker attacks on user applications or data;
(4) Unavailability caused by data, credentials or password loss/leakage due to user maintenance negligence or improper confidentiality;
(5) User negligence or authorized operations;
(6) Force majeure or unforeseen events;
(7) Unavailability caused by local disks (local disks for local disk storage instances carry the risk of data loss, such as local disk failure);
(8) Service unavailability during hardware failure repair authorization for EBC instances, local disk storage instances, or instances with heterogeneous cards (GPU/NPU/FPGA, etc);
(9) For EBC instances, service unavailability caused by users not installing the latest monitor components, preventing Baidu AI Cloud from timely detecting hardware failures;
(10) The user's spot instance is released due to a bid lower than the market price or insufficient inventory; BCC instances are suspended or released due to account debt/instance expiration, etc.;
(11) Unavailability caused by user non-compliance with Baidu AI Cloud product documentation or recommendations, including instance shutdown, reboot, OS reinstallation, or cloud disk detachment via console/API/SDK;
(12) Instance errors caused by customer-installed software or third-party software/configuration not directly operated by Baidu AI Cloud;
(13) BCC service compensation is applicable for BCC only, but not for other cloud services associated with the BCC instance;
(14) Other reasons not attributable to Baidu AI Cloud that lead to BCC service unavailability.
3. Service compensation terms
3.1 Compensation standards
(1) For individual BCC instances, if the service availability falls below 99.975%, the corresponding compensation standards apply as detailed in the table below. Compensation is limited to coupons valid for purchasing BCC products and cannot exceed the monthly service fee the customer paid for the affected instance during the month of unavailability.
| Service availability | Coupon paid |
|---|---|
| Below 99.975% but equal to or above 99% | 10% of monthly service fee |
| Below 99% but equal to or above 95% | 25% of monthly service fee |
| Below 95% | 100% of monthly service fee |
(2) For instances spread across multiple availability zones within a single region, if availability drops below 99.995%, the compensation terms in the table below will be applied. Compensation is again limited to coupons for BCC products and cannot exceed the service fee paid for the respective instance during the affected month.
| Service availability | Coupon paid |
|---|---|
| Below 99.995% but equal to or above 99% | 10% of monthly service fee |
| Below 99% but equal to or above 95% | 25% of monthly service fee |
| Below 95% | 100% of monthly service fee |
(3) If a BCC instance qualifies for compensation under both scenarios (1) and (2), the higher of the two compensation amounts will be granted.
3.2 Compensation claim submission deadline
Users may submit a claim for compensation for BCC failures in the preceding month starting from the fifth (5th) business day of the following month. Compensation requests must be filed within two (2) months of the month the failure occurred. Claims submitted after this deadline will not be processed.
4. Other descriptions
(1) To the extent permitted by laws and regulations, Baidu AI Cloud 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 the SLA. For any modification to the terms of the 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 are entitled to stop using the BCC service. If you continue to use the BCC 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 both parties regarding the content of the SLA or its implementation, both 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 both 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 the clauses of users constraints, refer to the related provisions of the "User Rights and Obligations" section in the [User Service Agreement](Agreements/Baidu AI Cloud User Service Agreement/User Rights and Obligations.md).
(8) For the exemption clauses of service provider, refer to the related provisions of the "Disclaimer” in the [User Service Agreement](Agreements/Baidu AI Cloud User Service Agreement/Disclaimer.md).