Legal

BMS Service Level Agreement

Last Updated: September 30 2022

1. Introduction

This EdgeNext BMS (Bare Metal Servers) Service Level Agreement (“SLA”) applies to your purchase and use of the EdgeNext BMS Service (“Service”,“BMS”) and your use of the BMS is subjected to the terms and conditions of the EdgeNext International Website Product Terms of Service (“Product Terms”) between the relevant EdgeNext entity described in the Product Terms (“EdgeNext”, “us”, or “we”) and you. This SLA only applies to your purchase and use of the Services for a fee that is directly provided by EdgeNext, and shall not apply to any free Services or trial Services provided by us.

 

2. Service Definitions

2.1 Service period: a service period is one calendar month. A period shorter than a calendar month is also counted as one service period.

2.2 Total number of minutes of the single-instance service period: the total number of days of the single-instance service period x 24 (hours) x 60 (minutes).

2.3 Instance unavailable: where a BMS instance for which exit and entrance permission rules have been set is unable to establish a both-way (exit/entrance) connection with any one IP address by using TCP or UDP protocol and this state lasts for over one minute, the BMSinstance is deemed unavailable in that minute.

2.4 Downtime of single-instance service: where a instance is unable to establish a network connection with any one IP address by the exit and entrance permission rules within a minute, the BMSinstance service is deemed unavailable in that minute, and the 5 consecutive minutes or longer time during which the service provided by BMS is unavailable is counted as down time. Down time excludes routine system maintenance time and any downtime on account of the user, any third party, or force majeure.

2.5 Single-region multi-AZ service unavailable: where the user’s instances are deployed in at least 2 availability zones (hereinafter referred to as single-region multi-AZ service) in one region, all BMSinstances of the user are unavailable in any one availability zone in the region and the user’s BMS instances in the other availability zones in the region are also unavailable (hereinafter referred to as unavailable BMS instances in the other availability zones in one region), the BMS instances in the other availability zones in the region are deemed single-region multi-AZ service unavailable.

2.6 Minutes of single-instance single-region multi-AZ service unavailable: the sum of minutes of unavailable single-region multi-AZ service of a single instance in one service period.

2.7 Monthly service fee: the total amount of service fee paid by you for a single instance in one service period (calendar month). Where you pay the service fee for multiple months in one time, the monthly service fee will be shared and calculated according to the paid amount and months.

 

3. Service Availability

3.1 Service availability calculation formula = (total due service time of all instances at the node in the service period – down time of the node instances in the service period) / total due service time of all instances at the node in the service period

3.2 Service Availability Commitment

3.2.1. For the single-instance dimension, EdgeNext undertakes that the service availability of BMSin one service period is not less than 99.9%;

3.2.2. For the single-region multi-AZ dimension, EdgeNext undertakes that the service availability of BMS in one service period is not less than 99.9%.

3.3 Where BMS does not fulfill the availability promise, you are entitled to obtaining the compensation as stipulated in Article 4 herein. Such compensation does not cover the service unavailability arising from any of the following factors:

3.3.1. Any network or equipment fault or configuration adjustment other than the equipment of EdgeNext;

3.3.2. Hacker attack on any of your application programs;

3.3.3. Loss or leakage of data, password, or PIN code caused by improper maintenance or protection by you;

3.3.4. Your negligence or any action authorized by you;

3.3.5. You fail to follow the product manual or recommendations of EdgeNext, e.g. unavailability happens because you conduct shutdown, reboot, or cloud drive uninstallation of instance by using the control methods such as control console, API, or CLI;

3.3.6. Data is erased due to crash of the local drive, and thus service is rendered unavailable due to dependence on the local drive or the data in the local drive;

3.3.7. Any error in instance resulting from any software installed by you or any third-party software or configuration not directly run by EdgeNext;

3.3.8. The service is suspended or terminated because you fail to comply with the EdgeNextBare Metal ServersService Contract or Supplementary Agreement thereto, including the situation where the BMS instance is temporarily denied service or released due to non-payment of service fee;

3.3.9. Short-term service interruption caused by routine maintenance or upgrading of BMS conducted by EdgeNext in accordance with the EdgeNext Bare Metal Servers Service Contract or Supplementary Agreement thereto; and

3.3.10. Force majeure.

 

4. Compensation Scheme

4.1 For the service availability of the BMSserviceused by you, EdgeNext may choose to use any of the following compensation schemes, depending on actual business conditions.

4.1.1. Compensation with voucher

The compensation amount is calculated by the criteria in the table below. Compensation is granted only through the voucher for purchase of BMS service, and the total amount of compensation is no more than the monthly service fee paid by you for the node month in which the expected service availability is not fulfilled (excluding the fee paid by the voucher).

Service Availability

Amount of compensation voucher

< 99.9%, ≥ 99%

10% of the service fee for the instance in the node month

< 99%, ≥ 95%

25% of the service fee for the instance in the node month

< 95%

50% of the service fee for the instance in the node month

 

4.1.2. Compensation for the duration of failure

Compensated duration is calculated by the criteria in the table below, and the total compensated duration is no more than the total service duration of all servers in the service cluster in the current month. (Excluding the compensated duration in the current month)

Service Availability

Compensated duration

< 99.9%, ≥ 99%

10% of the total service duration of the instance in the node month

< 99%, ≥ 95%

25% of the total service duration of the instance in the node month

< 95%

50% of the total service duration of the instance in the node month

 

4.2. Deadline for a compensation request

You may submit the compensation request after the fifth (5th) working day of each month for the BMS service that did not achieve the expected availability in the previous month. The compensation request must be submitted within two (2) months after the month in which BMS service did not achieve the expected availability. Any compensation request submitted beyond such deadline will not be accepted.

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