This Service Level Agreement (this “SLA”) is an integral part of your Huawei Cloud Customer Agreement (the “Customer Agreement”). Capitalized terms used in this SLA are as defined in the Customer Agreement unless otherwise stated in this SLA. Should there be any difference between this SLA and the Customer Agreement, this SLA shall prevail.
Huawei Cloud may modify the terms of this SLA from time to time, and this SLA is still effective for the period you already purchased; however, if you extend your period, the modified SLA will apply. If you disagree with the modified SLA, you may cease using the Services.
General Terms
1. Definitions
“Service Cycle” means a natural month.
“Total Time of Service Cycle” means the total minutes during every Service Cycle.
“Service Unavailable” will be defined for each Service in the Service Specific Terms thereafter. Service Unavailable does not include the situation that Cloud Service is unavailable due to the disclaimers described below and disclaimers in the following service specific terms.
“Service Unavailable Duration” means all the time when the Service is unavailable during a Service Cycle. If the duration is less than one month, it is still regarded as one month. Service Unavailable Duration cannot be calculated more than once. Every Service Unavailable Duration cannot be calculated again after the compensation being applied for.
“Service Availability” means during a Service Cycle, the service available percentage per Service Cycle achieved by the Cloud Service given in this SLA.
“Monthly Service Fee” means service fees paid by customers for the Services in a Service Cycle. For example, if the customer pays the service fee of several months at a time, the Monthly Service Fee is calculated as the total service fees paid divided by the total number of month.
2. Service Credit
Service Credit: In the event Huawei Cloud does not meet the commitment on the Service Availability Rate specified in this SLA, you will be eligible to receive service credit as described below, which is the sole and exclusive remedy for any performance or availability issues for any Services under the Customer Agreement and this SLA.
Time limit for application: you can apply for service credit in each Service Cycle after the bill are settled. The application must be filed within two (2) months after the end of the Service Cycle in which the incident that’s the subject of the claim occurred. Applications beyond the time limit will not be accepted. Huawei Cloud will make a reasonable assessment of all information provided to us and make a good faith decision on whether the service credit is owned.
Application method: you can make a claim at Huawei Cloud user center, which is available at https://console-intl.huaweicloud.com/ticket/?region=ap-southeast-1&locale=en-us#/ticketindex/createIndex)
3. Disclaimers
This SLA does not apply to any performance and availability issues:
a. caused by force majeure;
b. that arise during the period when your Services are suspended or terminated according to the Customer Agreement;
c. caused by you or any third party;
d. caused by daily service maintenance;
e. that arise due to your failure to comply with the operation guidance of the Services;
f. caused by a serious problem of the network operator.
Simple Message Notification (SMN) Service Specific Terms
1. Definition
Service Unavailability means the SMN system log shows that SMN was inaccessible for one (1) or more consecutive minutes because of HUAWEI CLOUD.
2. Service Availability
Service Availability Rate in each Service Cycle calculation formula:
Service Availability Rate in each Service Cycle = (Total Time of Service Duration - Service Unavailable Duration) / Total Time of Service Duration *100%.
Service Availability Rate commitment:
HUAWEI CLOUD will make all commercially viable and technically feasible efforts to ensure that the Service Availability Rate of SMN per Service Cycle is not less than 99.9%.
3. Service Credit
If we fail to meet these commitments, HUAWEI CLOUD will provide you with the service credit described below:
|
Service Availability Rate |
Service Credit |
|
95.00% ≤Service Availability Rate < 99.90% |
10% of Monthly Service Fee |
|
Service Availability Rate < 95.00% |
20% of Monthly Service Fee |
Service Unavailability does not include unavailability resulting from any of the following issues:
1) Planned system maintenance, such as cutovers, maintenance, upgrades, or fault simulations that HUAWEI CLOUD has notified the customer of in advance;
2) Network faults, device faults, or configuration adjustments of non-HUAWEI CLOUD devices;
3) Online attacks on customer applications;
4) Loss or disclosure of data, including passwords, due to improper maintenance by the customer;
5) Operations authorized by the customer or any mis-judgment in operations;
6) Major events or promotions that HUAWEI CLOUD has notified the customer of in advance;
7) Customer violations of the information control, traffic control, or information security control rules of HUAWEI CLOUD or other carrier platforms;
8) Service suspension or termination due to the customer's breach of service clauses (such as arrears);
9) Customer violations of local laws or regulations;
10) Messages from SMN to the customer were blocked;
11) The number of messages sent by the customer exceeds the maximum allowed number of messages specified in the Simple Message Notification API Reference and the customer did not notify HUAWEI CLOUD in advance;
12) Any force majeure event.
Last Updated: December 15, 2023