CDS Service Level Agreement (SLA V2_0)
Agreement effective date: 2019-1-15
This Service Level Agreement (SLA) defines the service availability metrics and compensation policy for Cloud Disk Service (CDS) provided by Baidu AI Cloud to its customers.
1. Definition
Service period: One service period equals one calendar month.
Total minutes per service cycle: Calculated as total days of a single CDS instance service cycle× 24 (hours) × 60 (minutes).
Service Unavailable Minutes: If all requests to a CDS instance fail continuously for one minute, the instance is considered unavailable during that minute. The total minutes of unavailability for a CDS Instance during a Service Period constitutes the service unavailable minutes.
Monthly service fees: The total service fees paid by the customer for a single CDS instance within one service cycle (i.e., a calendar month). If the customer 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 formula of service availability
Service availability is calculated on a monthly basis, with the measurement unit being each CDS disk. It is determined as follows:
2.2 Service availability commitment
Baidu AI Cloud Disk Service (CDS) guarantees service availability of no less than 99.95% in each service period.
If CDS fails to meet the aforementioned service availability commitment, customers may apply for compensation.
The compensation does not cover 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) Unavailability caused by hacker attacks on customer applications;
(4) Unavailability caused by data, credentials or password loss/leakage due to customer maintenance negligence or improper confidentiality;
(5) Customers' negligence or authorized operations;
(6) Unavailability caused by client non-compliance with Baidu AI Cloud product documentation or recommendations, including operations (such as shutdown, reboot and uninstalling) on CDS instances via console/API/CLI;
(7) Errors caused by customer-installed software or third-party software/configuration not directly operated by Baidu AI Cloud;
(8) Unavailability caused by network, device failures or configuration adjustments beyond the Baidu AI Cloud equipment;
(9) Force majeure or unforeseen events;
(10) Unavailability caused by other reasons outside Baidu AI Cloud's scope;
3. Compensation plan
3.1 Compensation standards
For a single CDS instance, if service availability falls below 99.95%, compensation will be provided according to the standards outlined in the table below. Compensation is issued in the form of coupons for purchasing CDS products, and the total compensation amount will not exceed the monthly service fee paid by the customer for the affected CDS instance in the month when the availability commitment wasn’t met.
| Service availability | Coupon paid |
|---|---|
| Below 99.95% but equal to or above 99% | 10% of monthly service fee of the disk |
| Below 99% but equal to or above 95% | 25% of monthly service fee of the disk |
| Below 95% | 100% of monthly service fee of the disk |
3.2 Compensation claim submission deadline
Customers can file compensation claims for CDS instances that fail to meet availability standards starting from the fifth (5th) working day of each month. Claims must be submitted within two (2) months after the end of the month in which the CDS did not meet the availability criteria. Claims submitted after the deadline will not be accepted.
4. Miscellaneous
(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 peering connection service. If you continue to use the service, you are deemed to have accepted the modified SLA;
(3) All notifications of Baidu AI Cloud Object Storage (CDS) service 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;
(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);