Peering Connections Service Level Agreement SLA
Agreement effective date: Tuesday, January 15, 2019
This Service Level Agreement (SLA) defines the service availability metrics and compensation policies for peering connections provided by Baidu AI Cloud to its customers.
1. Definition
Service period: One service period equals one calendar month.
Service scope: Peering connections services in the Chinese Mainland (excluding Hong Kong, Macau, and Taiwan regions).
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 peering connection fail within a minute, the peering connection instance service is considered unavailable for that minute. The sum of unavailability minutes of peering connection instance within a service period is counted as the single instance service unavailability minutes.
Monthly service fees: The total service fee paid by a customer for a single peering connection 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 guarantees a service availability rate of 99.95% for individual peering connection instances. If the service fails to meet the specified availability commitment, customers are eligible to claim compensation as outlined in Article 3 of the Agreement. However, compensation is not available for service unavailability caused by 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 factors not attributable to Baidu AI Cloud that result in peering connection service failures.
3. Service compensation terms
3.1 Compensation standards
Based on the monthly availability of a single peering connection instance, compensation will be calculated according to the standards specified in the table below. Compensation is provided in the form of coupons for peering connection purchases, and the maximum compensation amount will not exceed the monthly service fee paid by the customer for the affected peering connection instance during the month the availability commitment was not fulfilled.
| Service availability | Coupon paid |
|---|---|
| Below 99.95% but equal to or above 99.85% | 5% of monthly service fee |
| Below 99.85% but equal to or above 99.75% | 10% of monthly service fee |
| Below 99.75% but equal to or above 99.65% | 15% of monthly service fee |
| Below 99.65% | 20% of monthly service fee |
3.2 Compensation claim submission deadline
Customers may submit compensation claims for instances that fail to meet the availability standards starting from the fifth (5th) working day of each month. Claims must be filed within two (2) months after the end of the month in which the availability shortfall 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) This SLA takes effect immediately upon publication. Baidu AI Cloud reserves the right to update the terms of the SLA. If the SLA is updated, Baidu AI Cloud will notify users via website announcements or email. If you do not accept the updated SLA terms, you may discontinue use of the peering connection service. Continued use of 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 user 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).