Service Level Agreement

<p style="text-align:center"><strong>Service Level Agreement (SLA) for </strong><strong>Bare Metal Service (BMS)</strong></p> <p>The <em>Service Level Agreement</em> <em>(SLA) for Bare Metal Service (BMS) </em>is an effective agreement (hereinafter referred to as the &quot;Service Agreement&quot;) made by and between Shenzhen Ping An Communication Technology Co., Ltd. (hereinafter referred to as &quot;Ping An Cloud&quot;) and you (hereinafter referred to as the &quot;User&quot;) concerning the BMS related matters provided by Ping An Cloud. By affixing a seal, clicking &quot;confirm&quot; on web pages, or accepting the Service Agreement in other ways including but not limited to actually using the BMS 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 &quot;confirm&quot; on web pages of Ping An Cloud or in other ways, the text sealed by the two parties shall prevail. When ordering BMS on the Ping An Cloud&#39;s official website (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the BMS 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>Unless otherwise defined in this Service Agreement, the following provisions shall have the meanings set forth below:</p> <p>Ping An Cloud website refers to the official website of Ping An Cloud with the domain name of https://pinganyun.com.</p> <p>Ping An Cloud refers to Shenzhen Ping An Communication Technology Co., Ltd., namely provider of Ping An Cloud products and/or services (including BMS prescribed in the Service Agreement).</p> <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><strong>1. Service Scope</strong></p> <p>BMS provides an independent physical server with excellent computing power and data reading and writing capabilities. BMS instances do not use virtualization mechanisms such as Hypervisor. Customers do not need to consider the performance loss caused by applications running on hypervisors. BMS is suitable for processor-intensive and disk I/O-intensive application scenarios.</p> <p>In the process of using the BMS instance service, users can flexibly choose the model and configuration to satisfy the requirements of their business; users can quickly and securely launch core businesses in a VPC that supports collaboration with cloud products. With servers equipped with the most complete standard features and service packages, the BMS instance service provides the original hardware capabilities that are required for processor-intensive and disk I/O-intensive workloads.</p> <p>The multi-product service architecture that integrates the Ping An Cloud BMS instance service, ECS instance service, and cloud storage services is able to meet the application requirements in different scenarios. With elasticity and self-service features, the BMS instance service has the same level of delivery capability as the ECS instance service.</p> <p><strong>2. Service Level Indicators</strong></p> <p>Ping An Cloud sets service level indicators for cloud services purchased by the User and undertakes to provide the maximal guarantee for data management and business quality for the User. Unless otherwise specified, the &quot;month&quot; in this Agreement refers to 30 natural days calculated from the opening time.</p> <p><strong>2.1 Service Time</strong></p> <p>Technical support engineers: 24/7 (Monday to Sunday all day).</p> <p>Senior system engineers: 7.5/5 (Monday to Friday 9: 00-12: 00, 13: 30-18: 00)</p> <p><strong>2.2 Service Response Time</strong></p> <p>According to the urgency level of the reported incident failure, the User will be responded within 15 minutes, 30 minutes, or 1 hour.</p> <p><strong>2.3. Service Availability</strong></p> <p>Unavailable duration = failure resolution time - failure start time. The unavailable duration is calculated in minutes. A period shorter than 1 minute is calculated as 1 minute. The sum of the monthly unavailable duration of the single-instance service of all BMS instances of a single user is the total unavailable duration of all servers served monthly.</p> <p>Availability rate = (total usage time of all servers in the month - total unavailability duration of all servers in the month) / (total usage time of all servers in the month) &times; 100%<br /> The service availability is no less than 99.8%. If the availability standard is not met (except those defined in the exemption provisions), you can get compensation according to this Agreement.<br /> Suppose that Party A purchases 50 BMSs from Party B, then the available duration of the month = 50 &times; 24 &times; 30 &times; 99.8% = 35928 hours, and the unavailable duration is 50 &times; 24 &times; 30 &times; (1 - 99.8%) = 72 hours.</p> <p>Note: Unavailability refers to the unavailability caused by hardware failures of the physical machine, such as hardware failures of motherboard, CPU, memory, array card, etc., that cause the application of the User to be unavailable for more than 5 minutes. The unavailability is reflected by both the application logs and the hardware logs. The unavailable duration does not include the unavailable duration due to planned maintenance or downtime that has been notified to the user and the unavailable duration caused by the User, third-parties, or force majeure.</p> <p><strong>2.4 Flexibility</strong></p> <p>On the basis of the security and stability of BMS, Ping An Cloud provides a variety of operating system types. Users can select the CPU, storage size, service life, etc. according to their own needs, allocate resources rationally, and save costs to the greatest extent.</p> <p><strong>2.5 Delivery</strong></p> <p>A BMS can be deployed and delivered within 15 minutes, which is the top speed in the industry and enables the User to launch new businesses at an ultimately high speed.</p> <p><strong>2.6 Stability</strong></p> <p>Redundant networks, high-availability routes, and isolation techniques ensure the security and stability of the intranet and extranet. Data redundancy of RAID ensures data security. Professional operation and maintenance engineers can respond quickly 24/7 hours to ensure the stable operation of the server.</p> <p><strong>2.7 Network Architecture</strong></p> <p>BMS uses the VPC network architecture and can communicate with all virtual resources (ECS, EFS, OBS, etc.) in the VPC of the tenant.</p> <p><strong>2.8Scenarios</strong></p> <p>BMS is applicable to big data high-performance computing, artificial intelligence, image processing, and proprietary clouds for finance, medical, etc.</p> <p><strong>2.9. Service Change and Termination</strong></p> <p>2.9.1 Service Change</p> <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>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>2.9.2 Service Termination</p> <p>The provisions hereof 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 may be terminated upon a written notice by one party in the following cases:</p> <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>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><strong>2.10. Service Compensation</strong></p> <p>2.10.1 Compensation Scope</p> <p>If the BMS instances 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 duration caused by the following reasons:</p> <p>1. System maintenance events (including cutover, repair, upgrade, and failure drill) that have been notified the User in advance;</p> <p>2. Reasons caused by correct execution by Ping An Cloud with the authorization of the User;</p> <p>3. Reasons caused by the User&#39;s application or installation activity;</p> <p>4. Reasons caused by the external device that the User requested to place.</p> <p>5. Normal operation of the server, including but not limited to server disconnection failure caused by operating system installation, reinstallation, BIOS modification, server shutdown, and restart.</p> <p>6. Repair of server hardware failure after obtaining customer authorization, including the time to obtain the customer authorization.</p> <p>7. The single point of failure of the redundantly configured hardware that does not affect the customer&#39;s business, including but not limited to the failure of a single network card in multi-network card bonding, and the failure of a single disk in a disk group configured for storage redundancy.</p> <p>8. Unavailable conditions caused by a single network card or disk failure because the customer selects a non-redundant configuration network card or disk group.</p> <p>9. Reasons caused by the BMS hardware failure due to the expiration of maintenance period and the customer&#39;s choice of not upgrading the BMS.[zn1]&nbsp;</p> <p>10. Shutdown required by the regulatory department because the content provided by the customer violates laws and regulations;</p> <p>11. Unavailable or substandard services not caused by Ping An Cloud;</p> <p>12. Other conditions in which Ping An Cloud can be exempted from liability and compensation liability as described in the relevant laws and regulations, relevant agreements, relevant rules, or relevant rules and instructions issued separately by Ping An Cloud.</p> <p>2.10.2 Compensation Scheme</p> <table border="1" cellpadding="0" cellspacing="0"> <tbody> <tr> <td> <p>Monthly available duration percentage</p> </td> <td> <p>Voucher amount</p> </td> </tr> <tr> <td> <p>Lower than 99.8% but equal to or higher than 99.0%</p> </td> <td> <p>15% of the monthly service fee</p> </td> </tr> <tr> <td> <p>Lower than 99.0% but equal to or higher than 95.0% (including 95.0%)</p> </td> <td> <p>35% of the monthly service fee</p> </td> </tr> <tr> <td> <p>Lower than 95.0%</p> </td> <td> <p>100% of the monthly service fee</p> </td> </tr> </tbody> </table> <p>2.10.3 Compensation Claim Deadline</p> <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 BMS was not met. Applications for compensation beyond the application deadline is considered as a waiver of the claim right.</p> <p><strong>3. Miscellaneous</strong></p> <p>Ping An Cloud shall have the right to modify the provisions of the SLA, as appropriate, and shall publish the relevant modification on the official website of Ping An Cloud (https://pinganyun.com) by making announcements, or send emails or written notices to notify users of the relevant modification.</p>
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