TBSP Service Level Agreement SLA

Agreement effective date: Wednesday, September 1, 2021

This Service Level Agreement (referred to as "SLA") defines the service availability metrics and compensation plan for the Traffic Burst Service Package (TBSP) 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 the total days in a service period × 24 (hours) × 60 (minutes).

Service unavailable minutes: If, during any given minute, the packet loss rate caused solely by the TBSP service system exceeds 20%, or the TCP connection success rate drops below 30%, that minute is classified as TBSP service unavailable. This does not apply to end-to-end link availability issues (e.g., saturation of the customer's origin server bandwidth, or failures in the origin server's data center).

Monthly service fees: The total service fee a customer pays for a single TBSP service in a calendar month. For payments covering multiple months, 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 TBSP guarantees a service availability of 99.9%.

If the TBSP service does not meet the committed availability level, customers may request compensation as outlined in Article 3 of this Agreement. However, compensation will not include unavailability due to 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) TBSP service compensation is applicable for TBSP only, but not for other cloud services associated with the TBSP services;

(8) Other circumstances not attributable to Baidu AI Cloud that lead to TBSP service failures.

3. Compensation terms

3.1 Compensation standards

Compensation will be determined based on the monthly service availability metrics listed in the table below. Compensation is limited to coupons for purchasing TBSP products, and the total amount will not exceed the monthly service fee the customer paid for the TBSP service in the affected month.

Service availability	Coupon paid
Below 99.9% 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 can file compensation requests for any failure to meet availability standards starting from the fifth (5th) working day of the following month. Claims must be submitted within two (2) months of the end of the month in which the service interruption occurred. Claims submitted after this 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 becomes effective immediately upon publication. Baidu AI Cloud reserves the right to modify its terms. In the case of such modifications, Baidu AI Cloud will notify customers via website announcements or email. If you do not agree with the revised SLA, you may stop using the TBSP service. Continuing to use the service indicates acceptance of the updated 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 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).