This Alibaba Cloud International Website Agent Security Center Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Agent Security Center (“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 Service for a fee, and shall not apply to any free Service or trial Service provided by us.
SCOPE AND DEFINITIONS
1.1 “Billing Month” means one calendar month. If you activate the Service for less than one calendar month, it shall be calculated as one calendar month.
1.2 “Average Error Rate” means the sum of all Error Rates in all Time Intervals in a Billing Month divided by the total number of Time Intervals in such Billing Month.
1.3 “Error Rate” means the total number of Failed Transactions divided by the Total Transactions during each Time Interval.
1.4 “Exclusions” means any Failed Transactions or unavailability of the Service caused by 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, epidemic, 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;
(f)events that result from your illegal or unlawful use of the Service, events that result from your breach of any of the terms and conditions of the Alibaba Cloud Product Terms，Terms of Use, or Membership Agreement;
(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;
1.5 “Failed Transactions” means internal server errors indicated by Alibaba Cloud as error status “5XX” for transaction requests.
1.6 “Monthly Service Fee” means the total charges paid by you for the Services in one billing month. For the upfront lump sum payment paid by you for the Service, 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:
1.8 “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.
1.9 “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.
1.10 “Service Guarantee” shall have the meaning set forth in Clause Error! Reference source not found. of this SLA.
1.11 “Time Interval” means 5 minutes.
1.12 “Total Transactions” means the total number of requests from you as received by Alibaba Cloud within each Time Interval.
SERVICE LEVEL AGREEMENT
We shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than [99.95%] each billing 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 PROCESS
3.1 If you believe that the Service Guarantee in connection with your use of the Service is not met in any Billing Month, then you may file a claim for Service Credit in accordance with this Section 3.1. Your claim must include at least the following information:
(a)a detailed description of the incident;
(b)the dates and number of Failed Transactions, and the number of Total Transactions within the claimed Billing Month;
(c)information relating to the affected Alibaba Cloud account and Service; and
(d)any other information that we reasonably ask you to provide to support your claim.
3.2 Your claim for a Service Credit for the preceding Billing Month may be submitted after the fifth (5th) business day of each calendar month and must be received by us no later than two (2) months after the end of the Billing Month in which the event giving rise to the claim occurred. 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 cooperation 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 as to whether a Service Credit is to be provided to you in our sole discretion and will inform you of the result as soon as reasonably practicable. We will use commercially reasonable efforts 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 99.95%, but equal to or greater than 99.90% | 10% |
Less than 99.90% | 25% |
3.4 Subject to Sections 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 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 the Service will not, under any circumstances, exceed 25% of your Monthly Service Fee for the affected Service in that Billing Month, excluding fees offset by coupons.。
3.6 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.
ADDITIONAL TERMS
4.1 In the event of any inconsistency between your 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, losses, or expenses whatsoever, including but not limited to loss of profits or business, 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. If this SLA is modified, we will notify you at least thirty (30) days in advance by posting a notice on the Alibaba Cloud International Website or sending an email. If you do not agree to a modification, you may stop using the Service. Your continued use of the Service after the modification takes effect shall be deemed your acceptance of the modified SLA.
4.4 This SLA shall constitute part of your agreement for your purchase and use of the Service.