西部数码 Service Level Agreement

西部数码 Service Level Agreement

This Service Level Agreement (Service Level Agreement, referred to as “SLA”) specifies the西部数码 service availability level metrics and compensation plan forElastic Cloud Servers provided to customers.The definitions and clauses involved in this Agreement are all for a single Elastic Cloud Server.Please make sure to carefully read and fully understand the contents of all terms. Limitations, disclaimers, or other terms involving your major rights and interests may be highlighted in bold, underlined, or other forms to draw your attention.
Unless you have fully read, completely understood, and accepted all terms of this Agreement, please do not purchase this service. If you click “Agree,” “Next,” or purchase, use, etc., or you express acceptance of this Agreement in any other express or implied manner, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall then take legal effect between you and西部数码, and become a legally binding document on both parties.

I.Definitions

1.1 Service Cycle: A service cycle is one natural month.
1.2 Total minutes in a service cycle: calculated as the total number of days in the service cycle × 24 (hours) × 60 (minutes).
Calculation.
1.3 Service unavailability: When a cloud server with inbound and outbound allow rules configured cannot communicate bidirectionally (out/in) with any IP address via TCP or UDP protocol, and this state lasts for more than one minute, the cloud server is deemed unavailable during that minute.
1.4 Service unavailable minutes: The sum of minutes during which a single cloud server is unavailable within one service cycle.
1.5 Monthly service fee: The total service fee paid by the customer for a single cloud server in one service cycle (i.e., a natural month). If the customer pays service fees for multiple months at one time, the monthly service fee shall be apportioned and calculated according to the number of months purchased. The monthly service fee does not include fees offset by vouchers, coupons, service fee reductions, etc.
II.Service Availability
2.1 Service availability calculation method
Service availability = (Total minutes in service cycle - Service unavailable minutes) / Total minutes in service cycle × 100%
2.2  Service availability commitment
西部数码 commits that the service availability within one service cycle shall not be lower than 99.975%. If the above availability standard is not met (except in cases under the disclaimer clauses), you may obtain compensation according to Article 3 of this Agreement.
Note: Assuming the current month has 30 days, the available time in the service cycle should be 30 days × 24 hours × 60 minutes × 99.975% = 43189.2 minutes, meaning there can be 43200 - 43189.2 = 10.8 minutes of unavailable time in that month.
III.Compensation Plan
3.1 Compensation standards
If service availability is lower than 99.975%, you have the right to obtain compensation as agreed in the following clauses. Compensation shall be implemented in the form of issuing cloud server new purchase vouchers  (the issued vouchers cannot be cashed out, cannot be invoiced, cannot be transferred or gifted, etc.), and the total compensation shall not exceed the monthly service fee paid by the customer for that Elastic Cloud Server in the month when the service availability commitment was not met (excluding fees offset by vouchers).

3.2 Compensation application method and time limit
You may apply for compensation for an Elastic Cloud Server that did not meet availability in the previous month after the fifth (5th) working day of each month. You may only submit a ticket through your corresponding account to apply for compensation. After you submit a compensation application, 西部数码 will verify it. If a dispute arises between the parties, both parties agree that the final record shall be based on the 西部数码 backend records. Compensation applications must be limited to being submitted within two (2) months after the end of the relevant month in which the cloud server did not meet service availability. Compensation applications beyond the application time limit will not be accepted.
IV. Disclaimer Clauses
The unavailability of services caused by the following reasons, and the corresponding service unavailability time, are not included in the calculation scope of service unavailability and compensation. 西部数码 shall not be liable to you:
4.1 Caused by any network, equipment failure, or configuration adjustment outside equipment belonging to 西部数码;
4.2 Caused by the customer's application being subjected to network attacks;
4.3 Caused by improper maintenance or improper confidentiality by the customer resulting in loss or leakage of data, credentials, passwords, etc.;
4.4 Caused by the customer's negligence or operations authorized by the customer;
4.5 Unavailability caused by the customer's failure to follow 西部数码 product usage documentation or usage recommendations;
4.6 Errors caused by software installed by the customer or other third-party software or configurations not directly operated by 西部数码;
4.7 Unavailability caused by force majeure including but not limited to natural disasters such as earthquakes, fires, floods, epidemics, etc., and social events such as wars, unrest, government actions, interruption of telecom backbone lines, hackers, network congestion, technical adjustments by telecom departments, and government controls.
4.8 Server suspension or termination caused by the customer's violation of “西部数码 Cloud Server Service Terms”.
4.9 Circumstances caused by routine maintenance and upgrades of Elastic Cloud Servers by 西部数码 as described in “西部数码 Cloud Server Service Terms”.
4.10 Service unavailability or service non-compliance caused by reasons not attributable to 西部数码.
4.11 Circumstances under which 西部数码 may be exempted from liability or exempted from compensation liability as stated in relevant laws and regulations, relevant agreements, relevant rules, or relevant rules and explanations separately published by 西部数码.
V.Miscellaneous
5.1 Both parties confirm and hereby acknowledge: under any circumstances, if you suffer losses due to 西部数码's breach of contract during your use of this service, 西部数码's total compensation for breach shall not exceed the total service fees corresponding to the breached service that you have already paid.
5.2 This Cloud Server Service Level Agreement shall take effect on October 10, 2022. 西部数码 has the right to modify the terms of this Agreement in a timely manner or when necessary based on changes. You may consult the relevant terms in the latest version on 西部数码's official website. If you do not agree to the modifications made by 西部数码 to this Agreement, you have the right to stop using this service. If you continue to use this service, you are deemed to have accepted the modified Agreement.
5.3 This Agreement is an ancillary agreement to “西部数码 Cloud Server Service Terms” and has the same effect as “西部数码 Cloud Server Service Terms”. For matters not stipulated in this Agreement, you shall comply with the relevant provisions of “西部数码 Cloud Server Service Terms”. If the terms of this Agreement conflict or are inconsistent with “西部数码 Cloud Server Service Terms”, this Agreement shall prevail, but only to the extent of such conflict or inconsistency. (End)