Service Level Agreement (SLA)

<p style="text-align: center;"><strong>RDS MySQL Service Level Agreement (SLA)</strong></p> <p>The <em>RDS MySQL Service Level Agreement</em> is an effective agreement (hereinafter referred to as the &quot;Service Agreement&quot;) entered into 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 RDS MySQL 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 RDS MySQL 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 RDS MySQL on the Ping An Cloud website (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the RDS MySQL 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 terms shall have the meanings set forth below:</p> <p>Ping An Cloud website refers to the Ping An Cloud official website 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 RDS MySQL 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>&nbsp;</p> <p><strong>1. Service Scope</strong></p> <p>RDS MySQL provided by Ping An Cloud is a reliable and high-speed database service. It supports the MySQL engine and is deployed in the primary/backup architecture by default. It provides a whole set of solutions covering disaster recovery, backup, recovery, and monitoring, as well as a one-stop database solution that contains various customized packages of services based on best practices. RDS MySQL supports elastic expansion and features on-demand usage and payment based on the cloud computing model.</p> <p>&nbsp;</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. If there is no special agreement, the &quot;month&quot; in this provision refers to 30 natural days calculated from the opening time.</p> <p><strong>2.1 Data Persistence</strong></p> <p>The data persistence is no less than 99.9999%;</p> <p>Data persistence is calculated based on the 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>Computing formula of data persistence: Quantity of RDS MySQL databases with complete data in each service cycle/(quantity of RDS MySQL databases with complete data in each service cycle + quantity of RDS MySQL databases with data loss in each service cycle);</p> <p>Namely, the probability of data persistence among every 1000000 RDS MySQL database in a month is 99.9999%, which means only one RDS MySQL database instance at most might encounter data loss in one month.</p> <p>Read-only instance: Data persistence of read-only instances is not guaranteed.</p> <p>Disaster recovery instance: Data persistence of a disaster recovery instance is identical with that of its primary instance. Latency might exist during data replication between disaster recovery instances and primary instances.</p> <p><strong>2.2 Data Destructibility</strong></p> <p>2.2.1 When the User voluntarily deletes 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>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><strong>2.3 Data Privacy</strong></p> <p>Ping An Cloud uses encryption and security group isolation to ensure that user data in the same resource pool is invisible to each other. Security groups isolate resources of different users by using access control technologies at the data link layer and network layer.</p> <p><strong>2.4 Right to Know the Data</strong></p> <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>2.4.1.1 Currently, Ping An Cloud data centers are located in East China Region A1 (Shanghai), East China Region A2 (Shanghai), North China Region A1 (Yizhuang), and Hong Kong Region A. Users shall select data centers based on the geographic locations when opening cloud services. User data will be stored in the user-designated data centers;</p> <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>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 the customer service of Ping An Cloud for detailed information.</p> <p>2.4.3 All data, applications, and operation 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><strong>2.5 Data Auditability</strong></p> <p>In accordance with current laws and regulations or for the purpose of supervision, security compliance, audit, 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><strong>2.6 Service Functions</strong></p> <p>RDS MySQL instances have advanced features such as disaster recovery, backup, recovery, and monitoring in multiple places. The RDS MySQL instance service is applicable to social websites, corporate official websites, portal websites, e-commerce websites, SaaS applications, game applications, and so on. For all the specific functions of the RDS MySQL instance 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 RDS MySQL instance service that might have impacts on them.</p> <p><strong>2.7 Service Availability</strong></p> <p>(1) The service availability is no less than 99.967%.</p> <p>(2) Service cycle: One service cycle is one natural month. If the User uses a cloud database instance for less than one month, the service cycle is calculated as one month.</p> <p>(3) Total minutes of service cycle: The calculation formula is total days within the service cycle &times; 24 (hours) &times; 60 (minutes).</p> <p>(4) Unavailable minutes for the service: If the User fails all attempts to connect to the designated cloud database instance in one minute, the cloud database instance service is considered unavailable in that minute. The unavailable minutes for the service refer to the sum of minutes during which the cloud database instance is unavailable within a service cycle.</p> <p>(5) Temporary instance: The service availability for temporary instances is not guaranteed.</p> <p>(6) Read-only instance: The service availability for read-only instances is not guaranteed.</p> <p>(7) Disaster recovery instance: The service availability of a disaster recovery instance is the same as that of its primary instance.</p> <p>(8) Unavailable minutes for the service are not calculated in the following situations:</p> <p>&nbsp;&nbsp;&nbsp; a) Unavailability during the daily system maintenance period, and unavailability caused by the User, third-parties, or force majeure.</p> <p>&nbsp;&nbsp;&nbsp; b) A database monitoring account is created by default during the instance creation to monitor data and collect a small amount of performance data. The monitoring account does not collect any data that involves business. If the monitoring account is deleted by the User, the User shall undertake all business impact caused by the abnormal or invalid monitoring service.</p> <p><strong>2.8 Service Resource Allocation Capability</strong></p> <p>The RDS MySQL instance service provides multiple configurations and features elastic expansion. The User can expand RDS MySQL instance resources online based on the configuration solution of Ping An Cloud.</p> <p><strong>2.9 Failure Recovery Ability</strong></p> <p>Ping An Cloud offers operation and maintenance services for paying users for 7 &times; 24 hours, and provides technical support including online tickets and failure report calls. It implements a complete series of fault emergency response mechanisms including failure monitoring, auto alarming, fast location, and quick recovery.</p> <p><strong>2.10 Service Metering Accuracy</strong></p> <p>The RDS MySQL instance 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&#39;s RDS MySQL instance 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&#39; original billing logs are saved for a minimum of 3 years for further reference.</p> <p><strong>2.11 Service Change and Termination</strong></p> <p>2.11.1 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>2.11.2 Service Termination</p> <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>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>2.12 Service Compensation</strong></p> <p>2.12.1 Compensation Scope</p> <p>If the RDS MySQL 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 period 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) Unavailable conditions such as packet loss and delay due to operator failures;</p> <p>(3) The User&#39;s application or data information is caused by a hacker attack;</p> <p>(4) Improper User maintenance or improper confidentiality that results in the loss or leakage of data, commands, passwords, etc.;</p> <p>(5) Negligence of the User or the operation authorized by the User;</p> <p>(6) Force majeure and accidents;</p> <p>(7) Other reasons not caused by Ping An Cloud.</p> <p>2.12.2 Compensation Scheme</p> <p>Failure Time=Unavailable Time</p> <p>The compensation for a cloud database instance is calculated based on the service availability of a single instance in one month and follows the standard in the following table. The compensation is limited to vouchers that are used to purchase cloud database products. The total compensation shall not exceed the monthly service fee (excluding the fee deducted with the voucher) paid by the User for the cloud database instance in the month when the service availability commitment is not met.</p> <table border="1" cellpadding="0" cellspacing="0" style="width:552px"> <thead> <tr> <td style="background-color:#ededed"> <p><strong>Service availability</strong></p> </td> <td style="background-color:#ededed"> <p><strong>Voucher amount</strong></p> </td> </tr> </thead> <tbody> <tr> <td> <p>Less than 99.95% but equal to or more than 99.00%</p> </td> <td> <p>15% of the monthly service fee</p> </td> </tr> <tr> <td> <p>Less than 99.00% but equal to or more than 95.00%</p> </td> <td> <p>30% of the monthly service fee</p> </td> </tr> <tr> <td> <p>Less than 95.00%</p> </td> <td> <p>100% of the monthly service fee</p> </td> </tr> </tbody> </table> <p>2.12.3 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 RDS MySQL was not met. Applications for compensation beyond the application deadline is considered as a waiver of the claim right.</p> <p>&nbsp;</p> <p><strong>3. Miscellaneous</strong></p> <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> <p>&nbsp;</p>
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