This Alibaba Cloud International Website Short Message Service (SMS) Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Short Message Service (SMS) (“Service”) and your use of the Service is subjected to the terms and conditions of the Alibaba Cloud International Website Product Terms of Service (“Product Terms”) between the relevant Alibaba Cloud entity described in the Product Terms (“Alibaba Cloud”, “us”, or “we”) and you. This SLA only applies to your purchase and use of the Services for a fee, and shall not apply to any free Services or trial Services provided by us.
- SERVICE LEVEL AGREEMENTWe shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than 95.00% each billing month in connection with your use of the Service (the “Service Guarantee”). If we fail to meet the Service Guarantee then, subject to the terms and conditions of this SLA, you shall be entitled to claim a Service Credit in accordance with Section 3 herein. The Service Guarantee does not apply to any events described in the Exclusions.
- CLAIMS AND PAYMENT PROCESS3.1 If you believe that the Service Guarantee in connection with your use of the Service is not met in any billing month, then you may file a claim for Service Credit in accordance with this Clause 3.1. Your claim must include at least the following information: (a) A detailed description of the incident; (b) The dates and number of Failed Transactions, and number of Total Transactions within the claimed month;(c) Information relating to the affected instances; and(d) Any other information that we reasonably ask you to provide to support your claim.3.2 Your claim for a Service Credit must be received by us within thirty (30) days after the last day of the billing month of occurrence of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such Service Credit. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit to you as early as possible. 3.3 If we, after our good faith review of your claim, determine that a Service Credit must be provided to you, the Service Credit to be provided will be the following:
3.4 Subject to Clauses 3.1, 3.2, and 3.3, the Service Credit shall apply to set-off the fees payable by you for the Service only. The Service Credit shall not be used or applied to set-off the fees for the other Alibaba Cloud services, unless otherwise stated to you in writing by us from time to time. 3.5 The Service Credit provided in any billing month for a particular Service or Service resource will not, under any circumstance, exceed 30% of your Monthly Service Fee for that affected Service or Service resource, as applicable, in the billing month. 3.6 The Service Credit provided to you must be used within one (1) month from the date the Service Credit is made available for you to use.3.7 You agree that any decision or determination made by us relating to your claim for any Service Credit shall be final and binding on you.
Monthly Uptime Percentage Service Credit Percentage Less than 95%, but equal to or greater than 90% 10% Less than 90% 30%
- ADDITIONAL TERMS4.1 In the event of any inconsistency between yours and our system records relating to your claim, unless the discrepancy is caused by any material error or malfunction of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.4.2 The Service Credits provided in this SLA are your sole and exclusive remedy for any failure in the performance of the Service and we shall not be liable to the you or any person claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise.4.3 We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA on the Alibaba Cloud International Website. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.4.4 This SLA shall constitute part of your agreement for your purchase and use of the Service.