EIP Service Level Agreement SLA

Agreement effective date: Tuesday, January 15, 2019

This Service Level Agreement ("SLA") defines the availability metrics and compensation policy for Baidu AI Cloud's EIP services provided to 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).

Single instance service unavailable minutes: If all outbound packets from an EIP instance are dropped by Baidu AI Cloud egress gateway devices within a minute, that minute is recorded as service unavailable for the instance. The total minutes of unavailability for a EIP Instance during a Service Period constitutes the service unavailable minutes.

Monthly service fees: The total service fee paid by a customer for a single EIP 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 AI Cloud EIP ensures 99.95% service availability for standard BGP and enhanced BGP lines per instance, and 99.5% service availability for single-line connections via China Unicom, China Telecom, or China Mobile per instance.

If the EIP service does not meet the specified availability level, customers may request compensation as described in Article 3 of this Agreement. The compensation excludes 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) EIP service compensation is applicable for EIP only, but not for other cloud services associated with the EIP instance;

(8) Other factors not attributable to Baidu AI Cloud that lead to EIP service disruptions.

3. Compensation terms

3.1 Compensation standards

Based on the monthly availability of an individual EIP instance, compensation will be calculated according to the table below. Compensation will be issued in the form of coupons for purchasing EIP products, and the total amount will not exceed the monthly service fee paid by the customer for the affected EIP during the month the availability commitment was not met.

• Standard BGP and enhanced BGP lines

• China Unicom single-line, China Telecom single-line, and China Mobile single-line connections

3.2 Compensation claim submission deadline

Customers can submit claims for compensation for EIP instances that fail to meet the availability requirements starting from the fifth (5th) business day of the following month. Claims must be filed within two (2) months after the end of the month in which the EIP instance did not meet the availability criterion. Claims filed after this deadline will not be accepted.

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 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 EIP service. If you continue to use the EIP 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).