BLB Service Level Agreement (V2.0)

Agreement effective date: Tuesday, January 15, 2019

This Service Level Agreement (referred to as "SLA") outlines the service availability metrics and the compensation plan for Baidu Load Balance (BLB) provided by Baidu AI Cloud to its customers.

1. Definition

Service period: One service period equals one calendar month.

Total minutes per service period: Calculated as total days of a service period× 24 (hours) × 60 (minutes).

Unavailable minutes for single instance:If all consecutive attempts by a customer to establish a connection with a specified listener in a BLB instance fail within a minute, the listener's service is considered unavailable for that minute. The sum of unavailable minutes for all listeners included in a single BLB instance within a service period.

Total service period minutes of instance:The sum of all listeners' service period minutes included in a single BLB instance within one service period.

Monthly service fees: The total service fee paid by a customer for a single BLB instance in a calendar month. If a customer pays for multiple months at a time, the monthly service fee will be calculated proportionally based on the months of purchasing.

2. Service availability

2.1 Calculation method of service availability

2.2 Service availability commitment

Baidu Load Balancer (BLB) ensures 99.95% service availability for a single instance.

If the load balancer service does not meet the service availability commitment outlined above, customers are eligible to request compensation as detailed in Article 3 of the Agreement. However, compensation does not apply to unavailability caused by the following reasons:

(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) The Load Balancer service cannot function normally as the user fails to configure the real server or the real server is faulty;

(7) Force majeure or unforeseen events;

(8) Load Balancer service compensation applies exclusively to the Load Balancer service and does not cover other cloud services connected to the Load Balancer instance.

(9) Other situations where the load balancer service failure is not attributable to Baidu AI Cloud.

3. Service compensation terms

3.1 Compensation standards

For each single BLB instance, monthly service availability will be assessed, and compensation will be determined based on the standards listed in the table below. Compensation will be offered in the form of coupons for purchasing BLB products. The total compensation shall not exceed the monthly service fee that the customer paid for that BLB instance for the month during which the service availability commitment was unmet.

3.2 Compensation claim submission deadline

Customers can submit compensation claims for cases where availability standards were not met after the fifth (5th) working day of each month. These claims must be filed within two (2) months following the end of the month in which the BLB instance didn't meet the availability standards. Claims submitted after the 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 30 days in advance 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 BLB service. If you continue to use the BLB 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](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 [ Baidu AI Cloud User Service Agreement](Agreements/Baidu AI Cloud User Service Agreement/Disclaimer.md).