Log Service Service Level Agreement (SLA)

<p class="p">The <em class="ph i">Log Service Service Level Agreement</em> is an effective agreement (hereinafter referred to as the "Service Agreement") entered into by and between Shenzhen Ping An Communication Technology Co., Ltd. (hereinafter referred to as "Ping An Cloud") and you (hereinafter referred to as the "User") concerning the Log Service related matters provided by Ping An Cloud. By affixing a seal, clicking "confirm" on web pages, or accepting the Service Agreement in other ways including but not limited to actually using the Log Service without clicking to confirm the Service Agreement, it is deemed that that you have agreed with Ping An Cloud and accepted all provisions contained herein. In the event of any inconsistency between the text sealed by the two parties and the text of the Service Agreement accepted by clicking "confirm" on web pages of Ping An Cloud or in other ways, the text sealed by the two parties shall prevail. When ordering Log Service on the Ping An Cloud's website (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the Log Service order you purchased as well as the Ping An Cloud Products and Services Usage Agreement. The order is an effective part of the Service Agreement. The Service Agreement, the order and the Ping An Cloud Products and Services Usage Agreement constitute a legal document that binds Ping An Cloud and you together.</p> <p class="p">Unless otherwise defined in this Service Agreement, the following terms shall have the meanings set forth below:</p> <p class="p">Ping An Cloud website refers to the Ping An Cloud official website with the domain name of https://pinganyun.com.</p> <p class="p">Ping An Cloud refers to Shenzhen Ping An Communication Technology Co., Ltd., namely provider of Ping An Cloud products and/or services (including Log Service prescribed in the Service Agreement).</p> <p class="p">Ping An Cloud products and services refer to the products and services demonstrated to and provided to users on the website of Ping An Cloud.</p> <p class="p"> </p> <p class="p"><strong class="ph b">1. Service Scope</strong></p> <p class="p">Log Service provided by Ping An cloud is a simple, powerful and easy-to-use log processing service, which can provide centralized log collection and near real-time index processing of logs, and provide search, analysis, monitoring alarming, data visualization, archiving and other functions, and help enterprises to conduct real-time monitoring of online business, timely positioning of business exceptions, analysis of business data trends, security and compliance audit.</p> <p class="p"> </p> <p class="p"><strong class="ph b">2. Service Level Indicators</strong></p> <p class="p">Ping An Cloud sets service level indicators for Ping An Cloud services purchased by the User and undertakes to provide the maximum guarantee for data management and business quality to the User. If there is no special agreement, the "month" in this provision refers to 30 natural days calculated from the opening time.</p> <p class="p"><strong class="ph b">2.1 Data Durability</strong></p> <p class="p">The data durability is no less than 99.99%;</p> <p class="p">Data durability is calculated based on service cycle. One service cycle is one natural month. Any period less than one month shall not be counted as a service cycle;</p> <p class="p">Calculation formula for data durability: Quantity of logs with complete data in each service cycle/(quantity of Logs with complete data in each service cycle + quantity of Logs with data loss in each service cycle);</p> <p class="p">Namely, the probability of data durability among every 1000000 logs in a month is 99.9999%, which means only one log at most might encounter data loss in one month.</p> <p class="p">Wherein: the discarded logs due to exceeding the maximum time limit of the user index are not within the valid statistical range.</p> <p class="p">For example: if the User creates a log index with a retention period of 10 days, the index will only store the log data of the last 10 days of the current time. In other words, the log data that has been received before 10 days will be automatically discarded, and this kind of discarded log data does not belong to the range of lost log data caused by log service failure.</p> <p class="p"><strong class="ph b">2.2 Data Destructibility</strong></p> <p class="p">2.2.1 When the User voluntarily delete some data or when the data need to be destroyed upon the expiration of the Service, Ping An Cloud will automatically clear those data stored in the disks and memory of the physical server to make the data irretrievable.</p> <p class="p">2.2.2 Before the equipment for cloud services is discarded, outsourced for maintenance or resold, Ping An Cloud will degauss its physical disks. The degaussing process will be conducted under video monitoring and relevant records will be kept for a long term. Ping An Cloud audits the disk erasing records and video evidence on a regular basis to meet the requirements of security compliance.</p> <p class="p"><strong class="ph b">2.3 Data Privacy</strong></p> <p class="p">Log Service implements means like index to ensure that a User’s data are not visible to another one in the same resource pool.</p> <p class="p"><strong class="ph b">2.4 Right to Know the Data</strong></p> <p class="p">2.4.1 Users are entitled to know the geographic location of the data center storing their data and backup data, and the quantity of their data backups:</p> <p class="p">2.4.1.1 Currently Ping An Cloud data centers are located in East China Region A1 (Shanghai) and East China Region A2 (Shanghai) respectively. Users shall select corresponding data center based on their geographic locations when opening cloud services. User data will be stored in the user-designated data centers;</p> <p class="p">2.4.1.2 Ping An Cloud service is designed to back up data automatically. By default, backup data is stored in the same data center as its source data. Therefore, the User does not need to designate the quantity of automatic data backups and their storage location.</p> <p class="p">2.4.2 Ping An Cloud data centers will abide by relevant local laws and regulations. The User shall have the right to know and can contact customer service of Ping An Cloud for detailed information.</p> <p class="p">2.4.3 All data, applications, and behavior logs shall not be provided to a third party except for the purpose of meeting requirements of local laws and regulations, or supervision and audit from the government regulators. Except for the purpose of statistical analysis of the running status of the products of Ping An Cloud, behavior logs of the User are not used to make personal information and data of the User public.</p> <p class="p"><strong class="ph b">2.5 Data Auditability</strong></p> <p class="p">In accordance with current laws and regulations or for the purpose of supervision, security compliance, audits or investigation from the government regulators, Ping An Cloud, in the case of meeting procedure requirements, can provide relevant information of services used by the User, including operation logs of key components, operation records of operation and maintenance staff, and User operations.</p> <p class="p"><strong class="ph b">2.6 Service Functions</strong></p> <p class="p">Log Service has advanced features such as log collection, intelligent retrieval, log archiving, visualized data presentation and log-based early warning. Log service is applicable to operation and maintenance monitoring, business analysis, security audit and other scenarios. For all the specific functions of the Log Service, please refer to the detailed description, technical, and help documents on the official website of Ping An Cloud. Users will be informed of any function changes in the Log Service that may have impacts on them.</p> <p class="p"><strong class="ph b">2.7 Service Availability</strong></p> <p class="p">The service availability is no less than 99.95%;</p> <p class="p">The calculation formula of the Log Service Availability is: Total available time of Log Service per service cycle/(total available time of Log Service per service cycle + total unavailable time for Log Service per service cycle).</p> <p class="p">For the above calculation formula:</p> <p class="p">(1) Log Service availability is calculated based on service cycle. One service cycle is one natural month. If the User uses Log Service for less than one month, the service cycle will not be calculated as one service cycle. The statistical business unit is a single log index, and the time unit is minute.</p> <p class="p">(2) Unavailable time: Only a continuous unavailable period of 5 minutes or more can be counted as unavailable time. The unavailable minutes for the service of less than 5 minutes will not be counted as unavailable minutes for the service. The unavailable minutes for the service do not include minutes for daily system maintenance, and may be caused by users, a third party or force majeure.</p> <p class="p"><strong class="ph b">2.8 Failure Recovery Ability</strong></p> <p class="p">Ping An Cloud offers operation and maintenance services for paying users for 7 × 24 hours, and provides technical support including online tickets and fault report calls. It has an overall emergency response mechanism for failure prevention and recovery, including failure monitoring, auto alarming, fast location, and quick recovery.</p> <p class="p"><strong class="ph b">2.9 Service Metering Accuracy</strong></p> <p class="p">The Log Service has an accurate and transparent metering and billing system. Ping An Cloud calculates the service payment according to the actual usage of the User's Log Service and charges the service in real time. The billing standard is based on the effective billing model and the price announced on the Ping An Cloud official website. By default, users' original billing logs are saved for a minimum of 3 years for further reference.</p> <p class="p"><strong class="ph b">2.10 Service Change and Termination</strong></p> <p class="p">2.10.1 Service Change</p> <p class="p">Both parties can request to change the Service Agreement. If it is requested by the User, the User shall submit a written request to Shenzhen Ping An Communication Technology Co., Ltd. to explain the contents to be changed and the reason for change; if the request is proposed by Shenzhen Ping An Communication Technology Co., Ltd., the company shall submit a written request to the User representative to explain the contents to be changed and the reason for change.</p> <p class="p">When one party receives an agreement change request from the other party, the representatives of both parties shall arrange a negotiation on the content of the agreement change within 5 working days. The agreement change shall be approved by both parties, and the changed new version shall take effect upon signature by both parties.</p> <p class="p">2.10.2 Service Termination</p> <p class="p">The provisions of the Service Agreement shall come into force as of the execution date hereof and be terminated upon the fulfillment of all the obligations (including the warranty obligation) of both parties (unless terminated in advance). The provisions hereof can be terminated upon a written notice by one party in the following cases:</p> <p class="p">Where one party severely breaches any of its obligations under the Service Agreement and fails to remedy the breach within thirty (30) days after the other party has given a written notice specifying the breach, the non-breaching party has the right to terminate the Service Agreement after sending the written notice to the breaching party.</p> <p class="p">Except situations that are forbidden by applicable bankruptcy laws, if either party, for the interests of creditors, is designated with recipient or asset assignee, or bankrupts or becomes insolvent, the other party shall terminate the Service Agreement after sending the written notice to the party.</p> <p class="p"><strong class="ph b">2.11 Service Compensation</strong></p> <p class="p">2.11.1 Compensation Scope</p> <p class="p">If the Log Service purchased by the User are unable to be used normally because of the failure of Ping An Cloud, design flaws, or misoperation, and the website cannot be accessed normally due to the failure of Ping An Cloud, Ping An Cloud shall compensate the User for the unavailable period, excluding the unavailable period caused by the following reasons:</p> <p class="p">(1) System maintenance events (including cutover, repair, upgrade, and failure drill) that have been notified the User in advance;</p> <p class="p">(2) Unavailable conditions such as packet loss and delay due to operator failures;</p> <p class="p">(3) The User's application or data information is caused by a hacker attack;</p> <p class="p">(4) Improper User maintenance or improper confidentiality that results in the loss or leakage of data, commands, passwords, etc.;</p> <p class="p">(5) Unavailable conditions caused by the User's own upgrade of the operating system;</p> <p class="p">(6) Unavailable conditions the User's applications or installation activity;</p> <p class="p">(7) Negligence of the User or the operation authorized by the User;</p> <p class="p">(8) Force majeure and accidents;</p> <p class="p">(9) Other reasons not caused by Ping An Cloud.</p> <p class="p">2.11.2 Compensation Scheme</p> <p class="p">The compensation for the Log Service is calculated based on the service availability of the User's Ping An Cloud account in one month and follows the standard in the following table. The compensation is in the form of vouchers.</p> <table class="table" id="SLA__table_iqv_m3m_wnb"><caption></caption><colgroup><col><col></colgroup><thead class="thead"> <tr class="row"> <th class="entry" id="SLA__table_iqv_m3m_wnb__entry__1">Service availability</th> <th class="entry" id="SLA__table_iqv_m3m_wnb__entry__2">Voucher amount</th> </tr> </thead><tbody class="tbody"> <tr class="row"> <td class="entry" headers="SLA__table_iqv_m3m_wnb__entry__1 "> <p class="p">Less than 99.95% but equal to or more than 99.00%</p> </td> <td class="entry" headers="SLA__table_iqv_m3m_wnb__entry__2 "> <p class="p">30% of the monthly service fee</p> </td> </tr> <tr class="row"> <td class="entry" headers="SLA__table_iqv_m3m_wnb__entry__1 "> <p class="p">Less than 99.00% but equal to or more than 95.00%</p> </td> <td class="entry" headers="SLA__table_iqv_m3m_wnb__entry__2 "> <p class="p">50% of the monthly service fee</p> </td> </tr> <tr class="row"> <td class="entry" headers="SLA__table_iqv_m3m_wnb__entry__1 "> <p class="p">Lower than 95.00%</p> </td> <td class="entry" headers="SLA__table_iqv_m3m_wnb__entry__2 "> <p class="p">100% of the monthly service fee</p> </td> </tr> </tbody></table> <p class="p">Notes:</p> <p class="p">The unavailable time of Log Service is calculated in minutes;</p> <p class="p">The compensation is limited to vouchers that are used to purchase the Log Service products.</p> <p class="p">The total compensation shall not exceed the monthly service fee (excluding the fee deducted with the voucher) paid by the User for the Log Service under the account in the month when the service availability commitment is not met.</p> <p class="p">2.11.3 Compensation Claim Deadline</p> <p class="p">The User can claim compensation for the availability commitment not being met within two months after the fifth (5th) working day in each natural month. The compensation claim must be submitted within two (2) months after the end of the month in which the availability commitment of Log Service was not met. Applications for compensation beyond the application deadline is considered as a waiver of the claim right.</p> <p class="p"><strong class="ph b">3. Miscellaneous</strong></p> <p class="p">Ping An Cloud shall have right to modify provisions of the SLA. If there is any change in this Service Agreement, Ping An Cloud will publish it on the website or inform you by sending an email. If you disagree with the modifications to the provisions of the Agreement made by Ping An Cloud, you are entitled to terminate your usage of the relevant services. If you continue to use relevant services, it is deemed that you accept the modified SLA.</p>
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