Service Level Agreement (SLA) for ELB

<p><em>Service Level Agreement (SLA) for ELB</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 ELB (Elastic Load Balancing) 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 ELB 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 ELB through Ping An Cloud&#39;s official website (https://yun.pingan.com), in addition to the Service Agreement, you shall also abide by the ELB 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://yun.pingan.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 ELB 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><strong>1. Service Range</strong></p> <p>ELB effectively integrates business system portals and loads business traffic to improve cluster availability. Ping An Cloud offers two load balancing instances, including public-network and private-network types. They can meet the Internet customers&#39; demand for high performance, high scalability, and massive requests of ELB. At the same time, for the traditional financial customers, Ping An Cloud provides the classic F5 load balancing with high reliability. Public-network ELB is mainly applied to the release of Web services or application services on the Internet. Private-network ELB is mainly applied to the mutual calling of VPC internal systems.</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 Destructibility</strong></p> <p>2.2.1 When Users voluntarily release the instance or when the instance need to be released upon the expiration of the Service, Ping An Cloud will automatically and irrevocably erase such configuration stored in the Bare Metal Service and the logs generated during operation.</p> <p>2.2.2 Before the equipment used in cloud services is discarded, outsourced for maintenance, or resold, Ping An Cloud will degauss its physical disks. The entire degaussing process will be monitored by a camera and the relevant records will be saved permanently. Ping An Cloud audits the disk erasing records and video evidence on a regular basis to meet the security compliance requirements.</p> <p><strong>2.2 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 via a series of access control technologies on data link layer and network layer.</p> <p><strong>2.3 Right to Know the Data</strong></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:</p> <p>2.3.1.1 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 designated data centers.</p> <p>2.3.1.2 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. Therefore, it&#39;s unnecessary for the User to designate the quantity of automatic data backups and the storage location of their data to be backed up automatically.</p> <p>2.3.2 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 personnel of Ping An Cloud for detailed 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 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, the User&#39;s behavior logs will not be used to make their personal information and data public.</p> <p><strong>2.4 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 Cloud 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>2.5 Service Functions</strong></p> <p>For all the specific functions of the ELB service, see the detailed description, and technical and help documents on the official website of Ping An Cloud. The User will be informed of any functional changes in the ELB service that may have impacts on them.</p> <p><strong>2.6 Service Availability</strong></p> <p>2.6.1 Definition of Availability</p> <p>Service cycle: One service cycle is one natural month.</p> <p>Total minutes of service cycle: It is calculated as total days within the service cycle * 24 (hours) * 60 (minutes).</p> <p>Total minutes of service unavailability: It is calculated as the total unavailable minutes of all the listening services contained in a single ELB instance in a service cycle.</p> <p>Total minutes of instance service cycle: It is calculated as the sum of the total minutes of all listening service cycles contained in a single ELB instance in a service cycle.</p> <p>2.6.2 Service Availability Commitment</p> <p>Service availability is no less than 99.95%.</p> <p>Computing formula of service availability: All available time of a single ELB instance in each service cycle / (all available time of a single ELB instance in each service cycle + all unavailable time of a single ELB instance in each service cycle).</p> <p>In which:</p> <p>(1) Service availability of ELB service is calculated based on service cycle. One service cycle is one natural month. If it is less than one month, it will not be calculated as one service cycle; the measuring unit is a single ELB with minute as a time unit.</p> <p>(2) Unavailable time: When the unavailability of the ELB service lasts for 5 minutes or more, such time shall be calculated into the unavailable time, while any such situation that lasts for less than 5 minutes will not be calculated into 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><strong>2.7 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>2.8 Network Access Performance</strong></p> <p>When opening Ping An Cloud ELB service, Users can select the public bandwidth for Internet access required by bandwidth packet of each ELB, and the public bandwidth for Internet access can be configured from 1 Mbps to 500 Mbps. Ping An Cloud provides BGP multi-line access to ensure the quality of Users&#39; access to network.</p> <p><strong>2.9 Service Metering Accuracy</strong></p> <p>ELB service has an accurate and transparent metering and billing system. Ping An Cloud settles according to the actual usage of the User&#39;s ELB 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>2.10 Service Change and Termination</strong></p> <p>2.10.1 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>2.10.2 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>2.11 Service Compensation</strong></p> <p>2.11.1 Compensation Scope</p> <p>If the ELB service purchased by the User is unable to be used normally arising out of the faults, design flaws, and 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) System maintenance by 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) It is caused by any upgrade of the operation system by the User on its own;</p> <p>(6) It is caused by the User&#39;s application or installation activities on its own.</p> <p>(7) It is caused by 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>2.11.2 Compensation Scheme</p> <p>Fault Time=Unavailable Time</p> <p>Compensation for each ELB instance is calculated based on the service availability of a single instance in a month and against the standard as follows. Compensations will be made in the form of voucher that can only be used to purchase ELB products. The total compensation shall not exceed the monthly service fee (excluding the fee deducted with the voucher) paid by the User for the ELB instance in the month when the service availability commitment is not met.</p> <table border="1" cellpadding="0" cellspacing="0"> <thead> <tr> <td style="background-color:#ededed; vertical-align:top"> <p><strong>Service availability of single-AZ</strong></p> </td> <td style="background-color:#ededed"> <p><strong>Service availability of multi-AZ</strong></p> </td> <td style="background-color:#ededed"> <p><strong>Voucher amount</strong></p> </td> </tr> </thead> <tbody> <tr> <td style="vertical-align:top"> <p>Less than 99% but equal to or more than 90.00%</p> </td> <td> <p>Less than 99.95% but equal to or more than 99.00%</p> </td> <td> <p>10% of the monthly service fee</p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Less than 90.00% but equal to or more than 80.00%</p> </td> <td> <p>Less than 99.00% but equal to or more than 95.00%</p> </td> <td> <p>25% of the monthly service fee</p> </td> </tr> <tr> <td style="vertical-align:top"> <p>Less than 80.00%</p> </td> <td> <p>Less than 95.00%</p> </td> <td> <p>100% of the monthly service fee</p> </td> </tr> </tbody> </table> <p><br /> 2.11.3 Compensation Claim Deadline</p> <p>If the availability commitment of any service is not met within two months, you are eligible to file a claim for compensation after the fifth working day of every calendar month. The compensation claim must be filed within two (2) months after the end of the month in which the availability commitment of ELB 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>&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>
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