Service Level Agreement (SLA) for VPN Gateway

<p><em>Service Level Agreement (SLA) for VPN Gateway</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 VPN (Virtual Private 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 VPN gateway 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 VPN gateway through Ping An Cloud&#39;s official website (https://yun.pingan.com), in addition to the Service Agreement, you shall also abide by the VPN gateway 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 VPN gateway 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 is only responsible for the operation and maintenance of the VPN gateway on Ping An Cloud and the software provided by Ping An Cloud, namely the technical architecture and operating system of the VPN gateway on Ping An Cloud. The User shall be responsible for the maintenance of other cloud products.</p> <p>Ping An Cloud will eliminate the faults caused by non-human factors except for your operations and/or force majeure and matters beyond the control of Ping An Cloud.</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>Data durability: No less than 99.95%;</p> <p>Data durability 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;</p> <p>Computing formula of data durability: Quantity of VPN connection with complete data in each service cycle / (quantity of VPN connection with complete data in each service cycle + quantity of VPN connection with data loss in each service cycle);</p> <p>Namely the probability of zero data loss among every 10000 VPN connections in a month is 99.95%, which means a maximum of only five VPN connections may lose data in one month.</p> <p><strong>2.2 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>2.3 Data Privacy</strong></p> <p>Ping An Cloud uses Ipsec/ike encryption and security group isolation of the data 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. IPSec is used for data encryption on the Internet.</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 backed-up 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) 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>2.4.1.2 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>2.4.2 Ping An Cloud data centers will abide by 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>2.4.3 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 statistic 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>2.5 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>2.6 Service Functions</strong></p> <p>VPN gateway can be self-managed, ensure the data security, automatically recover faults and be easy to operate. VPN gateway service is suitable for accessing hybrid cloud and VPC interconnecting scenarios. For all the specific functions of VPN gateway 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 VPN gateway service that may have impacts on them.</p> <p><strong>2.7 Service Availability</strong></p> <p>The service availability is no less than 99.95%.</p> <p>Computing formula of service availability: All available time of a single set of VPN gateway in each service cycle / (all available time of a single set of VPN gateway in each service cycle + all unavailable time of a single set of VPN gateway in each service cycle).</p> <p>In which:</p> <p>(1) Service availability 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 VPN gateway with minute as a time unit.</p> <p>(2) Unavailable time: When the unavailability of the VPN gateway 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>2.8 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>2.9 Network Access Performance</strong></p> <p>When opening Ping An Cloud VPN gateway service, Users can select the public bandwidth for Internet access required by bandwidth packet of each VPN gateway. The public bandwidth for Internet access can be configured from 2 Mbps to 100 Mbps. Ping An Cloud provides BGP multi-line access to ensure the network access to Users.</p> <p><strong>2.10 Service Metering Accuracy</strong></p> <p>VPN gateway service has an accurate and transparent metering and billing system. Ping An Cloud settles according to the actual usage of the User&#39;s VPN gateway 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>2.11 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 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>2.11.2 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>2.12 Service Compensation</strong></p> <p>2.12.1 Compensation Scope</p> <p>If the VPN instances purchased by the User are 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 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 User&#39;s applications or installation activity;</p> <p>(6) It is caused by the User&#39;s negligence or the operation authorized by the User;</p> <p>(7) It is caused by force majeure and accidents;</p> <p>(8) Other reasons not caused by Ping An Cloud.</p> <p>2.12.2 Compensation Scheme</p> <p>Fault Time=Unavailable Time</p> <p>(1) Monthly subscription (hourly) mode: Compensations for VPN instances will be made in the form of service time, which is 100 times of the unavailable time per set. The compensation is only limited to the service time of the unavailable VPN instance, and you cannot redeem such service time for cash and voucher.</p> <p>(2) Pay-as-you-go mode: The compensation for each VPN instance = the average hourly fee in the 24 hours before the fault / 60 &times; fault time &times; 100; Compensations for pay-as-you-go VPN instances will be made in the form of voucher.</p> <p>If the actual usage time of VPN instances paid by bandwidth is less than 24 hours, compensation is calculated by the average of the actual usage time. The unavailable time is calculated by minutes;</p> <p>The total compensation shall not exceed the total amount of cash fees paid for the current service of a single set of VPN instance (excluding the fee deducted with the voucher).</p> <p>2.12.3 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 VPN 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>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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