Version: December 01, 2019
This Alibaba Cloud International Website Elastic Compute Service (ECS) Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Elastic Compute Service (“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 (1) Instance Monthly Uptime Percentage of Instance Unavailable for no less than 99.975% of each calendar month and (2) Instance Monthly Uptime Percentage of Multi-zone Service Unavailable for no less than 99.995% of 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.
- 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 calendar 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 detailed description of the incident, including the logs or messages for request failure documenting the errors and claimed outage; (a) The date, time and duration of the Instance Service Downtime in Minutes and Multi-zone Service Downtime in Minutes; (b) Information relating the affected instances, including the affected instance IDs; and (c) Any other information that we reasonably ask you to provide to support your claim.3.2 Your claim for a Service Credit can be filed starting from the sixth working days of the following calendar month of occurrence of the event giving rise to the claim, and 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: (a) If the Instance Monthly Uptime Percentage of Instance Unavailable for certain ECS instance is lower than 99.975% in certain calendar month, Service Credits available for such ECS instance is calculated in accordance with the following table:
Instance Monthly Uptime Percentage of Instance Unavailable Service Credit Lower than 99.975% but equal to or higher than 99% 10% of the Monthly Service Fee per Instance Lower than 99% but equal to or higher than 95% 25% of the Monthly Service Fee per Instance Lower 95% 100% of the Monthly Service Fee per Instance Instance Monthly Uptime Percentage of Multi-zone Service Unavailable Service Credit Lower than 99.995% but equal to or higher than 99% 10% of the Monthly Service fee Per Instance Lower than 99% but equal to or higher than 95% 25% of the Monthly Service Fee per Instance Lower 95% 100% of the Monthly Service Fee per Instance
- 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.