Version: September 2018
This Alibaba Cloud International Website Server Load Balancer Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Server Load Balancer (“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.
1. Scope and Definitions
1.1 “Service Cycle” means a calendar month.
1.2 “Service Cycle in Minutes” means the total number of minutes calculated by reference to the following formula: Total number of days in a Service Cycle x 24 (hours) x 60 (minutes).
1.3 “Service Downtime” means when all continual attempts to connect to a particular monitoring service on a specified Server Load Balancer instance by the client have failed in any particular minute, the service is considered unavailable for the entire particular minute.
1.4 “Instance Downtime in Minutes” means the total number of minutes of Service Downtime of all monitoring service on a single Server Load Balancer instance in a single Service Cycle.
1.5 “Instance Service Cycle in Minutes” means the total number of Service Cycle in minutes of all monitoring services on a single Server Load Balancer instance in a single Service Cycle.
1.6 “Monthly Service Fee” means the total charges paid by you for a single Server Load Balancer instance in one Service Cycle. For the upfront lump sum payment paid by you for the single Server Load Balancer instance, Monthly Service Fee equals to the lump sum payment divided by the number of months of the Service covered by such payment.
1.7 “Monthly Uptime Percentage” means a percentage of Service availability calculated by reference to the following formula:
Monthly Uptime Percentage=[(Instance Service Cycle in Minutes - Instance Downtime in Minutes)/Instance Service Cycle in Minutes] x 100%
1.8 “Exclusions” means any unavailability, suspension, or termination of the Service that is due to any of the following:
(a) suspension or termination described in Clause 8.2 of the Membership Agreement;
(b) events that are outside of our reasonable control, including any events of force majeure, such as earthquakes, downtime of the relevant submarine communication cables, failure of telecommunications infrastructure or systems, riots, Acts of God, etc.;
(c) events that result from any actions or inactions on your part in connection with your use of the Service;
(d) events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology;
(e) events that result from your failure to adhere to any required configurations for the use of the Service, or your non-compliant operations against to the Alibaba Cloud product guideline or recommendations;
(g) events that result from your non-payment of any charges payable to us;
(h) events that result from critical accidents or failure of the relevant internet service provider(s);
(i) Scheduled Downtime;
(j) events that result from the hacking of your applications;
(k) events that result from your failure to configure backend servers or exceptions on backend servers;
(l) events that arise because of your business traffic exceeding the type of your purchased Server Load Balancer instance;
(m) events that arise because of your security policy forbids the availability detection network segment 100.64.0.0/10; and,
(n) events that caused by data, password, security key loss or disclosure due to improper maintenance or security measures.
1.9 “Scheduled Downtime” means the performance failure relating to network, hardware, or service maintenance or upgrades. We will use reasonable commercial endeavors to provide written notice to you prior to the commencement of Scheduled Downtime.
1.10 “Service Guarantee” shall have the meaning set forth in Clause 2 of this SLA.
1.11 “Service Credit” means the percentage of the Monthly Service Fee for the affected Service that is credited to you for a claim following our service credit claim process under Section 3.
We shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than 99.95% for multi-zone Server Load Balancer instances and no less than 99% for single-zone Server Load Balancer instances in each calendar 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.
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 Clause 3.2. Your claim must include at least the following information:
(a) A detailed description of the incident;
(b) The dates and number of Failed Storage Transactions, and number of Total Storage 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 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:
Single-zone Instance Monthly Uptime Percentage
Multi-zone Instance Monthly Uptime Percentage
Service Credit Percentage
Less than 99%, but equal to or greater than 90.00%
Less than 99.95%, but equal to or greater than 99.00%
Less than 90.00%, but equal to or greater than 80.00%
Less than 99.00%, but equal to or greater than 95.00%
Less than 80.00%
Less than 95.00%
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 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 six (6) 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 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.