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Elastic Cloud Host Service Level Agreement
2022-08-11 22:10:03

Article 1 General Provisions

    China Telecom International Limited (hereinafter referred to as "the Company or Party B", at http://www.ctclouds.com) provides Cloud Host Services (hereinafter referred to as "the Service") to Users (also referred to as "Party A") in accordance with the provisions of this Agreement and the rules of operation issued from time to time. Party B reserves the right to change the terms of the Service Level Agreement at any time.

Article 2 Definition

    1) The billing period shall be in the unit of month, usually in the unit of a natural month or from the lease date to the end of the natural month. Unless otherwise specified, a month refers to 43,200 minutes (i.e., 30 days *24 hours *60 minutes).

    2) The service unit of cloud host availability statistics is a single cloud host of a single user.

    3) Service Unavailability Definition: The services provided are unavailable for 5 consecutive minutes (without meeting the availability indicators promised by Party B), and the unavailable time less than 5 minutes will not be counted as unavailable time.

Article 3 Service Commitment

    1) Service availability calculation method

   Service availability = (Total duration of the billing period - Duration of cloud host services unavailable in the billing period (cumulative))/Total duration of the billing period x100%

   Network availability = (Total duration of the billing period - Network service unavailable duration in the billing period (cumulative))/Total duration of the billing period x100%

   2) Service availability commitment

   Party B guarantees that the service availability of Party A's cloud host is above 99.9% (99.9 percent) and the network availability is above 99.9% (99.9 percent). Party B warrants that the cloud host, operating system, network, and public IP address delivered to Party A are available. Upon receipt of the user name and password of the operating system provided by Party B, Party A shall promptly modify and properly store them, and provide feedback to Party B after verification (if Party A fails to provide feedback to Party B within 2 working days, Party A shall be deemed to have verified that they can be used normally). Party A shall be solely responsible for the operating system and the applications and data installed on the system after delivery by Party B.

Article 4 Force Majeure and disclaimer

   The unavailability of Party A's cloud host caused by the following reasons shall not be included in the unavailability time:

   1) System maintenance caused by Party B notifying Party A in advance, including cutover, repair, upgrade and simulated fault drill;

   2) Failure or configuration adjustment of any network or equipment other than Party B's equipment;

   3) Caused by Party A's applications or installation activities;

   4) Party A's application program or data information is attacked by hackers;

   5) Party A's negligence or operation authorized by Party A;

   6) Data, passwords and tokens are lost or leaked due to improper maintenance or confidentiality of Party A;

   7) Party A's own upgrade of the operating system;

   8) Due to operating system vulnerabilities;

   9) Other unavailability not caused by Party B.

   10) Those caused by force majeure or accidents. Force majeure and contingencies refer to objective events that are unforeseeable, insurmountable and unavoidable and have a significant impact on one or both parties. Including but not limited to natural disasters such as floods, earthquakes, plague epidemics, and social events such as wars, strikes, unrest, government actions, interruption of telecommunications backbone lines, hackers, network congestion, technical adjustments in the telecommunications sector and government regulation.

   If Party B is unable to perform the warranty due to the above reasons, Party B shall not be liable; If either party fails to perform this Agreement in whole or in part due to force majeure, upon written notice to the other party, the affected provisions hereof may not be held liable for the period of failure to perform and to the extent affected. Once the cause of such exemption is corrected and remedied, the Parties agree to use their best efforts to resume performance under this contract.  


Article 5 Service Compensation

   If Party B fails to meet SLA requirements as promised within a service period, Party B promises to compensate Party A for breach of contract, as follows:

Index

Index Range

Duration of compensation service

Network Availability

< 99.9%

120hours

Business Availability

< 99.9%

120hours

    1) If the billing period is less than one month, only the service unavailable time will be recorded and no compensation will be made.

    2) In any case, the service compensation period obtained by Party A shall not exceed one service cycle.

Article 6 Effectiveness of the Agreement and others

  This commitment shall become effective and complied with on the date of application for cloud host services. The ending date shall be the termination of the China Telecom e-Cloud Host Service Agreement.

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