<p>This Service Level Agreement (hereinafter referred to as &ldquo;SLA&rdquo;) stipulates the service availability indicators and compensation plan of the Database Backup and Recovery Service (hereinafter referred to as &ldquo;DBRS&rdquo;) provided by Ping An Cloud to customers. In this Agreement, &ldquo;you&rdquo;, &ldquo;your&rdquo;, and &ldquo;users&rdquo; all refer to the users of Ping An Cloud. Special note: This Service Level Agreement only applies to DBRS charge items, including full data backup and incremental log backup. The data recovery service is free of charge, and thus is excluded from this agreement.</p> <p><strong>1. Scope of Services</strong></p> <p>1.1 &ldquo;Service&rdquo; in this Agreement refers to services provided by Ping An Cloud to you in line with the DBRS-related functions displayed on the website: www.yun.pingan.com.</p> <p>1.2 Ping An Cloud shall provide services according to articles stipulated in SLA.</p> <p>1.3 Service cycle: one service cycle refers to one month and provided that customers use DBRS instance for less than one month, the accumulated time of using DBRS instance in that month is taken as a service cycle.</p> <p>1.4 Service cycle in minutes: calculated as the number of days x24x60. Provided that customers use DBRS instance for less than one month, the accumulated minutes of using DBRS instance in that month is taken as the service cycle in minutes.</p> <p>1.5 Service unavailability in minutes: If the DBRS charge task does not perform any data backup (data loaded from the database can no more be stored on the target end), the DBRS service is deemed unavailable. The sum of DBRS instance unavailability in minutes in a service cycle is deemed the service unavailability in minutes.</p> <p>1.6 Monthly service fee: the total amount of service fees paid by users in a month in regard to one DBRS instance. If a user pays lump sum service fees for more than one month, the monthly service fee is calculated based on the lump sum service fees divided by the ordered months.</p> <p><strong>2. Service Level Indicators</strong></p> <p>Ping An Cloud develops Service Level Indicators for the cloud services purchased by users and commits to providing maximum guarantee for their data management and business quality. The consumption-based payment is listed and made public on your order page and you may choose the specific type of service and make payment based on the listed price.</p> <p>2.1. Service Availability</p> <p>2.1.1 Calculation method of service availability</p> <p>The DBRS service availability is counted based on the service cycle. The service availability shall be counted respectively according to the regional backup space of DBRS in respect to some Ping An Cloud account of a user. Provided that the same regional backup strategy is adopted under some Ping An Cloud account of a user, the service availability shall be calculated in a combined manner.</p> <p>The service availability shall be calculated based on single backup instances within the service cycle and the calculation method is as follows:</p> <p>Service availability = (service cycle in minutes - service unavailability in minutes)/service cycle in minutes&times;100%</p> <p>2.1.2 Commitment to Service Availability</p> <p>Commitment to uptime percentage for no less than 99.95% and the user can get compensation according to Article 3 of this Agreement if DBRS fails to live up to the commitment. The compensation range does not include the service downtime due to the following reasons:</p> <p>(1) The unavailability of the source database itself blocks the access of DBRS to read-in the data or logs from the source database, including but not limited to the following events: The source database is locked due to space overrun; the source database is unavailable due to host shutdown; the source database is disconnected as it has exceeded the maximum number of allowed connections; the source database resources are exhausted, resulting in unavailable or unsteady provision of services, etc.;</p> <p>(2) The DBRS cannot read in data due to the unavailability of the destination storage library itself, including but not limited to the locked overrun space and unavailable or unsteady provision of services resulted from resource depletion, etc.;</p> <p>(3) The DBRS is disconnected because the user name and password of the source database are modified or the access key of the destination storage library is modified;</p> <p>(4) The DBRS task is not in execution because the source database or the destination storage library is deleted;</p> <p>(5) For the backup gateway, caused by unstable environment and improper operation of the user;</p> <p>(6) For the authentication gateway, caused by unstable environment and improper operation of the user;</p> <p>(7) Negligence of users or operation authorized by users.</p> <p>(8) The user&rsquo;s failure to follow the instruction documents or use suggestions of Ping An Cloud products.</p> <p>(9) Events of force majeure.</p> <p>2.2. Service Functions</p> <p>2.2.1 Failed Request: DBRS regards failure of backup command as a failed request, excluding the following types of requests:</p> <p>(1) Requests exceeding the prescribed quota of DBRS and thus restricted by DBRS due to inappropriate access mode;</p> <p>(2) Slow requests:</p> <p>1) Request timeout for large files;</p> <p>2) Recovery requests that exceed the directory level of the source recovery system;</p> <p>(3) Request error or service unavailability caused by reasonable upgrades, changes, and downtime initiated by DBRS or cloud database services;</p> <p>(4) Restriction imposed by DBRS as the user&#39;s application is attacked by hackers.</p> <p>2.5.2 Total valid requests: all requests from the DBRS console and task requests performed as expected are considered valid requests, excluding the following types of requests:</p> <p>(1) Failure to pass DBRS ID authentication, authentication failure, and arrears;</p> <p>(2) The user&rsquo;s failure to follow the instruction documents or use suggestions of Ping An Cloud products.</p> <p>(3) Requests from users whose applications are attacked by hackers.</p> <p>2.1 Data Destructibility</p> <p>2.1.1 When users voluntarily delete some data or when the data need to be destroyed upon the expiration of data reservation or the service, Ping An Cloud will automatically and irrevocably erase such data stored in the disks and RAM of Bare Metal Service.</p> <p>2.1.2 Before the equipment used in cloud services is discarded, outsourced for maintenance or resold, Ping An Cloud will degauss its physical disks under video surveillance and keep relevant records in the long run. Ping An Cloud audits the disk erasing records and video evidence on a regular basis to meet the security compliance requirements.</p> <p>2.2 Data Privacy</p> <p>Ping An Cloud implements means like encryption and isolation through security groups to ensure that a user&rsquo;s data are not visible to another one in the same resource pool. Security groups isolate resources of different users via a series of access control technologies on data link layer and network layer.</p> <p>2.3 Right to Know the Data</p> <p>2.3.1 Users are entitled to know the geographic location of the data center storing their data and backed-up data, and the quantity of their data backups: Ping An Cloud service is designed to back up data automatically and the backup data are stored by default in the same data center as the source data.</p> <p>2.3.2 Ping An Cloud data centers will comply with relevant local laws and regulations. Users have the right to know the compliance and contact the customer service staff of Ping An Cloud for more information.</p> <p>2.3.3 Unless required by the local laws and regulations, or by competent governmental departments for supervision and audits, all data, applications and behavior logs of users shall not be provided to any third party. Except for the purpose of statistic analysis of the operational status of the products of Ping An Cloud, users&#39; behavior logs will not be used to make their personal information and data public.</p> <p>2.4. Data Auditability</p> <p>As required by existing laws and regulations, or by competent governmental departments for purposes such as supervision, security compliance, audits and forensic investigations, Ping An Cloud is obligated to provide relevant information about users&rsquo; services, including the running logs of key components, and the operation records of maintenance staff and users, pursuant to required procedures and complete formalities.</p> <p>2.7 Failure Recovery Ability</p> <p>Ping An Cloud offers 24/7 operation and maintenance services for paying users, and provides technical support in forms of online tickets and fault reporting call. It implements a complete series of fault emergency response mechanisms including fault monitoring, auto-alarming, fast positioning and quick recovery.</p> <p><strong>3 Compensation Scheme</strong></p> <p>3.1 Compensation standard</p> <p>Each DBRS backup instance is implemented according to the availability of the monthly service of single instance. The compensation method is limited to the settlement and the voucher used for offsetting service fees of DBRS products. Pursuant to the standards presented in the table below, the compensation amount shall not exceed the monthly service fee paid by the user for the DBRS instance during the month in which the commitment on service availability is not realized (excluding the cost offset by the voucher).</p> <table border="0" cellpadding="0" cellspacing="0" style="width:380px"> <tbody> <tr> <td style="background-color:#ededed; vertical-align:top"> <p><strong>Service Availability</strong></p> </td> <td style="background-color:#ededed; vertical-align:top"> <p><strong>Amount of compensation voucher</strong></p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Lower than 99.95% but equal to or higher than 99.00%</p> </td> <td style="vertical-align:top"> <p>15% of the monthly service fee</p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Lower than 99.00% but equal to or higher than 95.00%</p> </td> <td style="vertical-align:top"> <p>30% of the monthly service fee</p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Lower than 95.00%</p> </td> <td style="vertical-align:top"> <p>100% of the monthly service fee</p> </td> </tr> </tbody> </table> <p>3.2 Time limit for compensation application</p> <p>After the fifth (5th) working day of each month, the user can apply for compensation on the service for which availability instance is not reached in the previous month. The compensation claim must be filed within two (2) months after the end of the month in which the availability instance was not met. Any claim beyond the time limit shall be deemed to be a waiver of the user&#39;s right to claim.</p> <p><strong>4. Miscellaneous</strong></p> <p>Ping An Cloud shall have the right to modify this Service Level Agreement. If there is any change in this Agreement, Ping An Cloud will publish it on the website or inform you by sending an E-mail. If you do not agree with the modified Service Level Agreement, you have the right to stop using relevant service. If you continue to use the relevant service, it will be deemed as you accept the modified Service Level Agreement.</p> <p>&nbsp;</p>