Service Level Agreement (SLA)

Agreement effective date: Tuesday, January 15, 2019

This Service Level Agreement (SLA) outlines the metrics for service availability and the compensation plan for Express Tunnel (ET) provided to customers by Baidu AI Cloud.

1. Definition

Service period: One service period equals one calendar month.

Service Scope: Chinese Mainland and Hong Kong.

Total minutes per service period: Calculated as total days of a service period× 24 (hours) × 60 (minutes).

Number of service unavailable minutes:If all consecutive attempts by a customer to establish a connection with a specified dedicated line instance fail within a minute, the dedicated line instance service is considered unavailable for that minute. The total minutes of unavailability for a dedicated line instance during a service period constitutes the service unavailable minutes.

Monthly service fees: The total service fee paid by a customer to Baidu AI Cloud for a single dedicated line 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. Monthly service fees do not include deductions from coupons, discount vouchers, or service fee waivers.

Note: Fees users pay for third-party dedicated line services purchased through the cloud marketplace or directly from ISPs are excluded from ET's monthly service charges.

2. Service availability

2.1 Calculation method of service availability

2.2 Service availability commitment

Baidu AI Cloud’s dedicated line service guarantees 99.95% service availability for multi-path access to different access points. However, other configurations (e.g., multi-path or single-path access to the same access point) are not covered under this SLA.

Description:

1. Single-line access means the user has only one physical line connected to a Baidu AI Cloud Express Tunnel access point. Multi-line access indicates the user has multiple physical lines connected to multiple access points, with these lines serving as backups for each other.
2. The Baidu AI Cloud Express Tunnel service assures availability for the connection between the user’s virtual private cloud and the Express Tunnel’s access point. Availability from the access point to the user's data center is provided and guaranteed by the Express Tunnel service provider.

If the dedicated line service fails to meet the promised service availability, customers may request compensation as outlined in Article 3 of this Agreement. However, compensation does not apply to unavailability resulting from the following circumstances:

(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) Other reasons that are beyond Baidu AI Cloud's responsibility and result in dedicated line service failures.

3. Service compensation terms

3.1 Compensation standards

Compensation will be calculated based on the monthly service availability for a single dedicated line service, according to the standards detailed in the table below. Compensation will be provided in the form of coupons for purchasing dedicated lines, and the total compensation cannot exceed the monthly service fee paid (excluding any discounts, vouchers, or fee waivers) for that specific dedicated line instance during the month of the service disruption.

Multi-line access service availability	Coupon paid
Below 99.95% but equal to or above 99.50%	5% of monthly service fee
Below 99.50% but equal to or above 99.00%	10% of monthly service fee
Below 99.00%	20% of monthly service fee

3.2 Compensation claim submission deadline

Customers may apply for compensation if a service instance fails to meet availability standards after the fifth (5th) working day of the following month. Applications must be submitted within two (2) months after the relevant month in which the service instance failed. Late submissions beyond the deadline will not be considered.

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) This SLA becomes effective as soon as it is published. Baidu AI Cloud reserves the right to amend the SLA terms. If any changes are made, Baidu AI Cloud will provide 30 days' notice through the website or email. If you disagree with the revisions, you may discontinue using the dedicated line service. Continued use of the service implies acceptance of the modified SLA.

(3) All notifications to users under this SLA may be delivered through webpage posts, account messages, emails, SMS, or other communication channels. Notifications are deemed delivered on the date they are issued. Baidu AI Cloud is not responsible for any losses arising from users failing to stay informed about changes or termination of services.

(4) The formation, execution, and interpretation of this SLA, as well as dispute resolution, will be governed by Chinese law and under the jurisdiction of Chinese courts. Should any dispute arise concerning the content or implementation of this SLA, both parties shall first attempt to resolve it amicably. If negotiations fail, either party may file a lawsuit with the People's Court of Haidian District, 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 user constraints, refer to the related provisions of the "User Rights and Obligations" section in the Baidu AI Cloud User Service Agreement.

(8) For the exemption clauses of service provider, refer to the related provisions of the "Disclaimer” in the Baidu AI Cloud User Service Agreement.