Service Level Agreement (SLA) for CDN

<p>The <em>Service Level Agreement (SLA) for CDN</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 CDN (Content Delivery Network) related matters provided by Ping An Cloud. When you choose to accept the Agreement by affixing a seal to it, confirming on the webpage or in other ways, including but not limited to actually using CDN without confirming the Agreement, you are deemed to have concluded the Agreement with Ping An Cloud, and agreed to accept all the provisions included herein. If there is conflict between the texts stamped by both parties or the text confirmed by clicking on the webpage or other means, the texts stamped by both parties shall prevail. When ordering CDN through Ping An Cloud&#39;s official website (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the CDN 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 Agreement, the following terms in the Service Agreement shall be construed according to the following definition:</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 CDN prescribed in the Service Agreement).</p> <p>Ping An Cloud products and services refer to products and services displayed and provided on Ping An Cloud website to the User.</p> <p>&nbsp;</p> <p><strong>1. Service Range</strong></p> <p>Ping An Cloud CDN provides customers with a distributed network composed of edge node server clusters distributed in different regions to replace traditional data transmission mode centered on the Web server.<strong> </strong>Ping An Cloud CDN solves the problems of low bandwidth, heavy user access traffic, and uneven distribution of network nodes, so that Users can get the content they need at the fastest speed. It also effectively deals with the congestion of the Internet, and speeds up website response.</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 maximum guarantee for data management and business quality to the User. Unless otherwise specified, one &quot;month&quot; herein refers to 30 calendar days since the start of the Service.</p> <p><strong>2.1 Data Durability</strong></p> <p>Ping An cloud CDN provides caching service. The data stored in the node will be automatically deleted according to the access frequency, and will not be permanently stored.</p> <p><strong>2.2 Data Destructibility</strong></p> <p>Ping An cloud CDN caches User&#39;s file, and the file type remains unchanged. When using CDN, Users can access and download files at any time, and clear the cache files on their own as needed; after being cleared, the files cannot be recovered. Users can obtain the data again from the source station.</p> <p><strong>2.3 Data Portability</strong></p> <p>Cache service dynamically allocates cache node resources according to the access condition of the ultimate User and the decision of intelligent scheduling system. The cached data of the User will be stored in different nodes according to the time, access condition, and node quality.</p> <p><strong>2.4 Data Privacy</strong></p> <p>Users can open CDN service and add acceleration domain name on Ping An Cloud official website. Configure the access authentication policy as needed to control and isolate external access and ensure the privacy of the data.</p> <p><strong>2.5 Right to Know the Data</strong></p> <p>2.5.1 The User has the right to know where the data is cached. At present, Ping An Cloud CDN caches data in nodes deployed across the country. The node resources are allocated according to the domain name access. The User can view the current node distribution of his own domain name to know the distribution of the cached data.</p> <p>2.5.2 Data centers of Ping An Cloud CDN will abide by relevant local laws and regulations. The User shall have the right to know and can contact customer service personnel of Ping An Cloud CDN for detailed information.</p> <p>2.5.3 Unless required by the local laws and regulations, or by competent governmental departments for supervision and audits, all data, access records, applications, and behavior logs of the User shall not be provided to any third party. Except for the purpose of statistical analysis of the operational status of the products of Ping An Cloud CDN, the User&#39;s behavior logs will not be used to make their personal information and data public. The User&#39;s all data in the data center of Ping An Cloud CDN in China will not be stored in any data center outside China, nor used for overseas business or data analysis.</p> <p><strong>2.6 Data Auditability</strong></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 CDN is obligated to provide information about the User&#39;s services, including the running logs of key components, and the operation records of maintenance staff and the User, pursuant to required procedures and complete formalities.</p> <p><strong>2.7 Service Functions</strong></p> <p>Ping An Cloud CDN is used to speed up delivery of static files, streaming media, large file downloads, whole station, and other content. It offers the billing methods of traffic and peak bandwidth. For all the specific functions of the CDN service, please refer to the detailed description and technical and help documents on the official website of Ping An Cloud. The User will be informed of any faults and functional changes that may have impacts on them.</p> <p><strong>2.8 Service Availability</strong></p> <p>Service availability is no less than 99.9%.</p> <p>Service cycle: One natural month is a service cycle. If the CDN service is used for less than one month, it is not calculated as a service cycle. All domain names of the User are calculated. Domain names with less than 1 million monthly requests are not calculated.</p> <p>2.8.1 Definition of Unavailable Service Cycle</p> <p>When the unavailability of the CDN service lasts 10 minutes or more, such time shall be calculated as the unavailable time. Unavailable time does not include daily system maintenance time and unavailable time caused by the User, third-party, or force majeure.</p> <p>2.8.2 Note of Unavailable Time Calculation</p> <p>If the error rate of the service is higher than 0.05% within one unit time (take every five minutes as one calculation time unit), it shall be deemed that the service is unavailable within such unit time.</p> <p>2.8.3 Note of Terms</p> <p>5xx errors in unit time: 5xx errors returned by domain name due to the CDN system problems in unit time.</p> <p>The following cases are not calculated:</p> <p>(1) 5xx error due to back to source error.</p> <p>(2) Errors caused by banned domain name due to content violation or others.</p> <p><strong>2.9 Service Resource Allocation Capability</strong></p> <p>Ping An Cloud CDN service does not set bandwidth and storage limits. Customers can dynamically expand them based on their needs, but should inform Ping An Cloud of any impromptu increase of traffic (increasing by 30% or more of the billed bandwidth in the last month or increasing by 50 Gbps or more of the total bandwidth) in written notice at least 3 working days in advance, otherwise it may affect service availability. Without prior notice, CDN can provide less than 30% (inclusive) of the additional billed bandwidth in the last month to ensure that the availability of accessed domain names will not be significantly reduced. However, Ping An Cloud does not ensure the business availability for the impromptu increase of traffic without prior written notice. That is, if the service availability is thereby affected, Ping An Cloud will not be held liable.</p> <p><strong>2.10 Failure Recovery Ability</strong></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>2.11 Network Access Performance</strong></p> <p>Ping An Cloud CDN does not limit the public network bandwidth for the User. It deploys hundreds of cache nodes across the country to ensure the quality of network access by the User.</p> <p><strong>2.12 Service Metering Accuracy</strong></p> <p>Ping An Cloud CDN has an accurate and transparent metering and billing system. Ping An Cloud settles according to the actual usage of the User&#39;s CDN and charges in real time. The specific billing standard is based on the effective billing model and price announced on the Ping An Cloud official website. The User&#39;s original billing logs shall be saved for at least 3 years by default for further reference.</p> <p><strong>2.13 Service Change and Termination</strong></p> <p>2.13.1 Service Change</p> <p>Both parties can request to change the Service Agreement. If it is requested by Users, they shall submit the request to Shenzhen Ping An Communication Technology Co., Ltd. in written form and explain contents to be changed and reason for change; if the request is proposed by Shenzhen Ping An Communication Technology Co., Ltd., the company shall submit the request to User representative in written form and explain contents to be changed and reason for change.</p> <p>When one party receives an agreement change request from the other party, the representatives of both parties shall arrange time for negotiation on the content of the agreement change within 5 working days, while the agreement change shall be approved by both parties, and the changed new version shall take effect upon signature by both parties.</p> <p>2.13.2 Service Termination</p> <p>The terms 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 terms hereof may be terminated upon a written notice by one party in the following cases:</p> <p>Where one party commits a material breach of any of its obligations under the 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 terms hereof upon such written notice.</p> <p>Except in cases prohibited by the applicable bankruptcy law, if any party, for the benefit of creditors, has been assigned a recipient or an asset assignee, or become insolvent or unable to pay off matured liabilities, the other party has the right to terminate the Agreement by sending a written notice.</p> <p><strong>2.14 Service Compensation</strong></p> <p>2.14.1 Compensation Scope</p> <p>If the CDN service purchased by the User is unable to be used normally arising out of the faults, design flaws, or misoperation of Ping An Cloud, and the website cannot be accessed normally due to the faults of Ping An Cloud, Ping An Cloud shall compensate the User for the unavailable time, excluding the unavailable time caused by the following events:</p> <p>(1) It is caused by system maintenance of Ping An Cloud after the User is informed in advance, including cut-over, repair, upgrade, and simulation failure drill;</p> <p>(2) Unavailable conditions such as packet loss and delay due to operator failure;</p> <p>(3) It is caused by hacker attacks on the User&#39;s application or data information;</p> <p>(4) It is caused by improper User maintenance or improper confidentiality, resulting in the loss or leakage of data, command, passwords, etc.;</p> <p>(5) The upgrading of the operating system by the User;</p> <p>(6) The User&#39;s applications or installation activity;</p> <p>(7) The User&#39;s negligence or the operation authorized by the User;</p> <p>(8) It is caused by force majeure and accidents;</p> <p>(9) Other reasons not caused by Ping An Cloud.</p> <p>2.14.2 Compensation Scheme</p> <p>Service compensation means that the CDN service purchased by the customer fails to meet the business availability specified in this SLA due to the faults, design flaws, and misoperation of Ping An Cloud and Ping An Cloud shall compensate (compensation shall exclude the portion deducted by a voucher) the customer for that.</p> <p>Compensation Rules</p> <table border="1" cellpadding="0" cellspacing="0" style="width:0px"> <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>Voucher amount</strong></p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Less than 99.9% but equal to or more than 99.0%</p> </td> <td style="vertical-align:top"> <p>10% of the monthly service fee</p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Less than 99.0%</p> </td> <td style="vertical-align:top"> <p>25% of the monthly service fee</p> </td> </tr> </tbody> </table> <p>&nbsp;</p> <p>2.14.3 Time Limit of Compensation Claim Deadline</p> <p>If the availability commitment of any service is not met in the last month, you are eligible to file a claim for compensation after the fifth (5) working day of every month. The compensation claim must be filed within two (2) months after the end of the month in which the availability commitment of CDN was not met. Any claim beyond the time limit shall not be accepted. Any claim beyond the time limit shall not be accepted.</p> <p>&nbsp;</p> <p><strong>3. Miscellaneous</strong></p> <p>Ping An Cloud shall have the right to modify provisions of the SLA. If there is any change in the SLA, Ping An Cloud will publish it on the website or inform you by sending an email. If you do not agree with the modified SLA, you have the right to stop using 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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