Cloud Smart Network Service Level Agreement SLA
Agreement effective date: 04/01/2022
This Service Level Agreement (SLA) outlines the service availability metrics and the compensation plan for the Cloud Smart Network (CSN) service provided by Baidu AI Cloud.
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).
Service Unavailable Minutes: When the packet loss rate of all network instances (virtual private cloud and dedicated channel) loaded into the Cloud Smart Network by the customer through the Cloud Smart Network communication within a certain minute is 100%, it is considered that the CSN service is unavailable during that minute. The total minutes of unavailability for a CSN Instance during a service period constitutes the service unavailable minutes.
Monthly service fees: The total service fee paid by a customer for a single CSN 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
The service availability of Baidu AI Cloud’s CSN is calculated based on the interconnection of network instances included during the service period, with a guaranteed service availability of 99.95%.
If the CSN service fails to meet the above-mentioned service availability guarantee, customers can request compensation as outlined in Article 3 of the Agreement. However, compensation does not cover service unavailability caused by the following factors:
(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) Any other causes unrelated to Baidu AI Cloud that result in the failure of CSN services to function properly.
3. Service compensation terms
3.1 Compensation standards
Compensation for a network instance's monthly service availability within the Cloud Smart Network is calculated as per the standards outlined in the table below. Compensation is provided in the form of coupons for purchasing CSN products, and the total compensation will not exceed the monthly service fee paid by the customer for the applicable CSN instance during the month the service availability requirement was not met.
| Service availability | Coupon paid |
|---|---|
| Below 99.95% but equal to or above 99.00% | 15% of monthly service fee |
| Below 99.00% but equal to or above 95.00% | 30% of monthly service fee |
| Below 95.00% | 100% of monthly service fee |
3.2 Compensation claim submission deadline
Customers can request compensation for instances that fail to meet availability standards starting from the fifth (5th) working day of each month. Claims for compensation must be submitted within two (2) months after the end of the month in which the CSN instance failed to meet the availability criteria. Claims submitted beyond this deadline will not be processed.
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 will come into effect immediately after it is published. Baidu AI Cloud reserves the right to modify the SLA's terms. Any modifications will be communicated via website announcements or email notifications. If you disagree with the changes made to the SLA, you are entitled to cease using the CSN service. Continuing to use the CSN service indicates your acceptance of the revised SLA.
(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 the SLA is found to be wholly or partially invalid or unenforceable for any reason, the remainder of the SLA shall remain valid and enforceable.
(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 the 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).