This Alibaba Cloud International Website Elastic Compute Service (ECS) Reservation Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Elastic Compute Service (ECS) Reservation service (“Service”) and your use of the Service is subject 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.
Special Notice: Unless otherwise agreed, this SLA does not apply to the following: instance types that use local disks; ECS Bare Metal Instance types; and instance types equipped with GPU devices.
1. Scope and Definitions
1.1 “Service Cycle” A Service Cycle is one calendar month.
1.2 “Reservation Unit” A Reservation Unit is the minimum unit of measurement under the Reservation Services, equivalent to the resource amount corresponding to one ECS instance of a specified instance type. For example, if a customer purchases a Reservation for 10 ecs.g7.large instances, that Reservation contains 10 Reservation Units. Service availability and service credits under this SLA are calculated on a per-Reservation-Unit basis.
1.3 “Monthly Service Fee”The portion of a single Reservation Unit's service fee attributable to the current calendar month. If the order period spans multiple calendar months, the fee is allocated pro rata based on the ratio of the number of days in the current calendar month to the total number of days of the order.
1.4 “Total Minutes in a Service Cycle” Calculated as the number of effective days of a single Reservation Unit within a Service Cycle × 24 (hours) × 60 (minutes).
1.5 “Service Availability Formula”Service availability is calculated on a per-Reservation-Unit basis on a monthly cycle:
Service Availability = (Total Minutes in a Service Cycle − Service Unavailability Minutes) / Total Minutes in a Service Cycle × 100%
1.6 “Reservation Unit Status” At any given moment, each Reservation Unit is in one of the following two states:
• Used: the Reservation Unit is occupied by a running ECS instance.
• Available: the Reservation Unit is not occupied and is available for creating a new instance or for starting an instance in Economical Mode.
1.7 “Reservation Unit Unavailability” Where a Reservation Unit in theAvailablestate fails to be successfully consumed by a customer's request to create an instance or to start an instance in Economical Mode due to insufficient system inventory.
1.8 “Service Unavailability Minutes” The cumulative number of minutes within a Service Cycle during which a single Reservation Unit is in an unavailable state. Calculation rules:
• Start of count: the cumulative count of unavailability minutes begins from the moment the customer first triggers a Reservation Unit Unavailability event.
• End of count: the current count stops when either of the following occurs: (1) a subsequent request from the customer that uses this Reservation Unit to create an instance or to start an instance in Economical Mode succeeds; or (2) no new request to create or to start (in Economical Mode) an instance against this Reservation Unit is submitted within fifteen (15) consecutive minutes after the most recent failed request.
• Restart of count: after the count has stopped, if the Reservation Unit becomes unavailable again, a new count begins from that failure moment, and the resulting minutes are added to the total Service Unavailability Minutes for the Service Cycle.
1.9 “Exclusions”Failures to create or to start an instance attributable to any of the following causes shall not be counted as Service Unavailability Minutes:
(a) Failures attributable to the customer's own causes, including but not limited to insufficient system disk space, account quotas or resource limits having been reached, misconfiguration of security group rules, or non-compliant instance parameter settings, and other non-inventory related factors;
(b) System maintenance carried out by Alibaba Cloud after prior notice to the customer, including but not limited to cutover, repair, upgrade and fault drills;
(c) Network or equipment failures, or configuration changes, originating from equipment or infrastructure outside Alibaba Cloud's control;
(d) Failures caused by hacker attacks against the customer's applications or data;
(e) Loss or leakage of data, credentials, passwords or the like caused by improper maintenance or improper safeguarding by the customer;
(f) Customer negligence or operations performed by parties authorized by the customer;
(g) Failure of the customer to follow the product documentation or usage recommendations issued by Alibaba Cloud; and
(h) Force majeure.
2. Service Level Agreement
We guarantee that the service availability of each Reservation Unit, as calculated under Section 1.5, shall be no less than 99.9% during each Service Cycle (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.
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 calendar month, then you may file a claim for Service Credit in accordance with this Clause3.1. Your claim must include at least the following information: A detailed description of the incident, including the logs or messages for request failure documenting the errors and claimed outage.
3.2 From the fifth (5th) business day of each calendar month onwards, You may submit a claim for service credits in respect of any Reservation Unit that failed to meet the service availability commitment in the preceding calendar month. Claims must be received by us within sixty (60) days after the last day of the calendar month in which the service availability commitment was not met. 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:
Service Availability | Service Credit |
Lower than 99.9% but equal or higher than 99% | 10% of the monthly service fee of the Reservation Unit |
Lower than 99% but equal or higher than 95% | 50% of the monthly service fee of the Reservation Unit |
Lower than 95% | 100%of the monthly service fee of the Reservation Unit |
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 calendar month for a particular Service or Service resource will not, under any circumstance, exceed your Monthly Service Fee for that affected Service or Service resource, as applicable, in the calendar month.
3.6 The Service Credit provided to you must be used within two (2) months 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 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 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 by posting an amended and restated version of this SLA on the Alibaba Cloud International Website, and we shall notify customers thirty (30) days in advance by means of a notice posted on its website or by email. 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.