Version Date: March 2018
This Alibaba Cloud International Website Data Transmission Service Level Agreement (“SLA”) applies to your purchase of use of the Alibaba Cloud International Website Data Transmission Service (“Service”) under the terms and conditions of the Alibaba Cloud Product Terms of Service (“Product Terms”) between the relevant Alibaba Cloud entity described in the Product Terms (“Alibaba Cloud”, “us”, or “we”) and you.
- SERVICE LEVEL AGREEMENTWe shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of 99.95% of the Service. If we fail to meet the Service Guarantee, 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 the Exclusions.
- 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 Service Credit 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 and other relevant details relating to any claimed failure of operations of the Service; and (c) 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 sixty (60) days after the last day of the calendar 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:
Monthly Uptime Percentage Service Credit Percentage Less than 99.90%, but equal to or greater than 99.00% 15% Less than 99.00%, but equal to or greater than 95.00% 30% Less than 95.00% 100%
- ADDITIONAL TERMS 4.1 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 Credit 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.