Alibaba Cloud ApsaraDB for RDS Service Level Agreement
Version Date: September 2016
This Alibaba Cloud ApsaraDB for ApsaraDB for RDS Service Level Agreement the (“SLA”) applies to your purchase and use of the Alibaba Cloud ApsaraDB for ApsaraDB for RDS (“Service”) under the terms and conditions of the Alibaba Cloud Product Terms between the relevant Alibaba Cloud entity described in the Product Terms and its affiliates (“Alibaba Cloud”, “us”, or “we”) and you.
1. SCOPE AND DEFINITIONS
1.1 “Monthly Uptime Percentage” means a percentage of Service availability calculated by reference to the following formula:
p; (Total operating minutes in a month– Downtime)
Monthly Uptime Percentage = 100 x ————————————————————————Total operating minutes in a month
Monthly Uptime Percentage is subject to the exclusion scenarios provided under “Exclusions”.
1.2 ”Downtime” means the total number of minutes in the month when all the running instances in your ApsaraDB for RDS have no external connectivity. Downtime excludes the Exclusions.
1.3 “Exclusions” means any unavailability, suspension, or termination of the Service that is due to any of the following:
(a) Your use or your end user’s use of the Service:
(i) poses a security risk to the Service offering;
(ii) is fraudulent or unlawful;
(iii) adversely impacts the operation of the Service and/or other users of the Service; or
(iv) subjects us or our affiliates to liability;
(b) storage transactions that exceed the prescribed quotas;
(c) creation or deletion of containers, tables, or queues;
(d) events that are outside of our reasonable control, including any events of force majeure;
(e) events that result from any actions or inactions on your part in connection with your use of the Service;
(f) events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology;
(g) events that result from your failure to adhere to any required configurations for the use of the Service;
(h) events that result from your breach of any of the terms and conditions of the Alibaba Cloud Product Terms;
(i) events that result from your non-payment of any charges payable to us; and
(j) events that result from your illegal or unlawful use of the Service.
1.4 “Service Guarantee” shall have the meaning set forth in Clause 2 of this SLA.
1.5 “Service Credit” means the service usage credit that we may credit back to you following our service credit claim process under Section 3.
2. SERVICE LEVEL AGREEMENT
We shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than 99.95% each 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 rebate in accordance with Section 3 herein.
3. CLAIMS AND PAYMENT PROCESS
3.1 If you believe that the Service Guarantee in connection with your use of the Service is not met in any month, then you may file a claim for rebate in accordance with Clause 3.2. Your claim must include at least the following information:
(a) A detailed description of the incident;
(b) The date, time and duration of the Downtime;
(c) Information relating the affected instances; and
(d) Any other information that we reasonably ask you to provide to support your claim.
3.2 You must submit your claim for a Service Credit rebate within thirty (30) days 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 rebate. 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 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 rebate to you as early as possible.
3.3 If we, after our review of your claim, determine that a Service Credit must be provided to you, the Service Credit to be provided will be the following:
Monthly Uptime Percentage
Service Credit Percentage
<=99% - 99.9%
3.4 Subject to Clauses 3.1, 3.2, and 3.3, the Service Credit shall apply in the form of credit rebate of the relevant charges that you paid for the Service. The rebate may be used or applied to certain designated cloud computing services of ours (which will be informed to you from time to time).
3.5 The Service Credits provided in any billing month for a particular Service or Service resource will not, under any circumstance, exceed your monthly service fees for that Service or Service resource, as applicable, in the billing month.
3.6 The Service Credit provided must be used within one (1) year 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.
4. ADDITIONAL TERMS
4.1 In the event of any inconsistency between yours and our system record of the Monthly Uptime Percentage in your claim, unless the discrepancy is caused by any material error or malfunctioning 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 rebates 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 form part of your agreement for your purchase and use of the Service.