VPN Gateway Service Level Agreement SLA
Agreement effective date: 2020-12-25
This Service Level Agreement (SLA) outlines the service availability metrics and compensation plan for Virtual Private Network (VPN) gateways provided by Baidu AI Cloud to its 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).
Unavailable minutes for single instance service:If all consecutive attempts by a customer to establish a connection with a specified VPN gateway instance of Baidu AI Cloud fail within a minute, the VPN gateway instance service is considered unavailable for that minute. The sum of unavailability minutes of VPN gateway instance within a service period is counted as the service unavailability minutes.
Monthly service fees: The total service fee paid by a customer for a single VPN gateway 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 Baidu AI Cloud VPN gateway guarantees a 99.95% service availability rate for a single instance.
If the VPN gateway service fails to meet the specified service availability commitment, customers may request compensation as outlined in Article 3 of the Agreement. The compensation does not apply to downtime 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) VPN gateway service compensation is applicable for VPN gateway only, but not for other cloud services associated with the VPN gateway instance;
(8) Other reasons not attributable to Baidu AI Cloud that result in VPN gateway service failures.
3. Service compensation terms
3.1 Compensation standards
Compensation will be calculated based on the standards in the table below, considering the monthly service availability of the VPN gateway instance. The compensation will be provided in the form of coupons for purchasing VPN gateway services and will not exceed the monthly service fee paid by the customer for the affected VPN gateway in the month when the availability commitment was not fulfilled.
| Service availability | Coupon paid |
|---|---|
| Below 99.95% 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 may submit compensation claims for 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 following the month in which the VPN gateway instance did not meet availability standards. Claims submitted after the 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) This SLA becomes effective upon publication. Baidu AI Cloud reserves the right to modify the terms of the SLA. Any changes will be communicated through website announcements or email. If you do not agree with the modifications, you may choose to stop using the VPN gateway service. Continued usage will be regarded as 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).