LBDC Service Level Agreement SLA
Agreement effective date: Wednesday, September 1, 2021
This Service Level Agreement (SLA) defines the service availability metrics and the compensation plan for the Load Balance Dedicated Cluster (LBDC) service provided by Baidu AI Cloud to its customers.
1. Definition
Service period: A service period corresponds to one calendar month.
Total minutes per service period: Calculated as total days of a service period× 24 (hours) × 60 (minutes).
Unavailable minutes for single LBDC service:If all consecutive attempts by a customer to establish a connection with a specified BLB instance in a LBDC service fail within a minute, the LBDC service is considered unavailable for that minute. The sum of unavailable minutes for all BLB instances included in a single LBDC service within a service period.
Monthly service fee: Refers to the total service fee a customer pays for a single LBDC service in one calendar month. If the customer pays for multiple months in advance, the monthly service fee will be calculated proportionally based on the number of months purchased.
2. Service availability
2.1 Calculation method of service availability
2.2 Service availability commitment
Baidu AI Cloud's LBDC guarantees a 99.975% service availability rate for a single cluster.
If the LBDC service does not meet the aforementioned service availability guarantee, customers can claim compensation as outlined in Article 3 of this Agreement. However, compensation does not cover 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) Force majeure or unforeseen events;
(7) LBDC service compensation is applicable for LBDC only, but not for other cloud services associated with the LBDC services;
(8) Other reasons beyond Baidu AI Cloud's control that lead to LBDC service failure.
3. Service compensation terms
3.1 Compensation standards
Based on the monthly service availability of a single LBDC cluster, compensation will be calculated according to the standards specified in the table below. Compensation is issued in the form of coupons for purchasing LBDC products, with a maximum compensation amount not exceeding the monthly service fee the customer paid for the LBDC in the month when the service availability commitment was not met.
| Service availability | Coupon paid |
|---|---|
| Below 99.975% but equal to or above 99.00% | 10% of monthly service fee |
| Below 99.00% but equal to or above 95.00% | 25% of monthly service fee |
| Below 95.00% | 100% of monthly service fee |
3.2 Compensation claim submission deadline
Customers may submit compensation claims for instances where availability standards were not met starting from the fifth (5th) working day of each month. Claims must be filed within two (2) months of the end of the month during which the LBDC service did not meet the availability guarantee. Claims submitted after the deadline will not be accepted.
4. Other descriptions
(1) To the extent allowed by laws and regulations, Baidu AI Cloud holds the right to final interpretation of the SLA (Service Level Agreement).
(2) The SLA takes effect upon publication. Baidu AI Cloud reserves the right to amend the SLA terms. Any changes to the SLA will be communicated via website announcements or email notifications. If you disagree with the modifications, you have the right to discontinue using the LBDC service. Continued use of the LBDC service implies acceptance of the revised SLA terms.
(3) All notifications from Baidu AI Cloud under the SLA can be delivered through webpage announcements, messages, emails, SMS, or other forms. These notifications are considered delivered on the date they are issued. Baidu AI Cloud will not be held responsible for any losses caused by users failing to stay informed about changes or termination terms related to the service.
(4) The conclusion, implementation, and interpretation of the SLA, as well as the resolution of disputes, shall be governed by Chinese law and handled by Chinese courts. In the event of any dispute between the parties regarding the content or implementation of the SLA, both sides shall strive to resolve the matter through friendly negotiation. If the negotiation fails, either party may file a lawsuit with the People's Court of Haidian District in Beijing.
(5) The SLA constitutes the complete agreement between both parties concerning the matters it covers and related topics. Unless explicitly stated in the SLA, no additional rights are granted to either party.
(6) If any provision of this SLA is found to be invalid or unenforceable for any reason, the remaining provisions shall remain 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).