Site Monitor Service Level Agreement SLA

Service level agreement effective date: 2023-01-31

This Service Level Agreement (hereinafter referred to as "SLA") outlines the site monitor service availability metrics and the compensation plan for Baidu Cloud Monitor (BCM) offered by Baidu AI Cloud to its customers.

1. Definition

Service period: One service period equals one calendar month.

Service region: Mainland China (excluding Hong Kong, Macau, and Taiwan).

Total minutes of service period: 7 days per week and 24 hours per day.

System availability per 5 minutes: When "(number of probes reported by the system every 5 minutes/number of probes successfully configured by the user every 5 minutes) × 100% > 90%", the system is considered available, and the system availability for these 5 minutes is 100%. Otherwise, if it is less than 90%, the system availability for these 5 minutes is considered 0%. (Note: Tasks that fail due to insufficient resources or other factors are not counted as successfully configured tasks.)

Monthly service fee: The total amount paid by the user for BCM site monitor during a service period (i.e., a calendar month).

2. Service availability

2.1 Calculation method of service availability

BCM site monitor service availability is calculated by service period. The average availability per 5 minutes is derived by dividing the sum of the system availability every 5 minutes within the service period by the total number of 5-minute intervals, namely:

2.2 Service availability commitment

Site monitor service availability is guaranteed to be no less than 99.00% within a service period. If BCM site monitor service availability is below this level, users may claim compensation as stipulated in Article 3 herein.
Compensation does not cover request failures or service unavailability caused by the following reasons:
(1) Scheduled maintenance of Baidu AI Cloud that has been notified to users, including reasonable upgrades, changes, outages, migrations, repairs, and simulated failure drills;
(2) Unavailability caused by network, device failures or configuration adjustments beyond the Baidu AI Cloud equipment;
(3) Errors caused by user content violations or other reasons leading to domain name bans;
(4) Reduced availability caused by users' large-scale traffic surge without prior written notice to Baidu AI Cloud;
(5) Unavailability caused by hacker attacks on user applications or data;
(6) Unavailability caused by data, credentials or password loss/leakage due to user maintenance negligence or improper confidentiality;
(7) User negligence or authorized operations;
(8) Force majeure or unforeseen events;
(9) Unavailability caused by other reasons outside Baidu AI Cloud's scope;
(10) Unavailability caused by the user's failure to follow documentation or usage recommendations of Baidu AI Cloud products.

3. Service compensation terms

3.1 Compensation standards

The compensation amount is determined based on the monthly service availability of the BCM site monitor under a Baidu AI Cloud account, as outlined in the table below. Compensation is issued in the form of coupons for purchasing BCM site monitor products and shall not exceed 50% of the monthly service fee paid for the BCM site monitor during the month when the service availability commitment was not met.

3.2 Compensation claim submission deadline

Users may submit compensation claims for unavailable BCM site monitor tasks from the prior month after the fifth (5th) business day of the current month. Claims must be filed within two (2) months following the month in which the site monitor task failed to meet the availability commitment. Late claims beyond the deadline will not be accepted.

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 BCM site monitor service. If you continue to use the BCM site monitor 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 Baidu AI Cloud User Service Agreement.
(8) For the exemption clauses of service provider, refer to the related provisions of the "Disclaimer” in the Baidu AI Cloud User Service Agreement.