Legal

Cloud Hosting Service Level Agreement

Last Updated: September 30 2022

1. Introduction

This EdgeNext Cloud Hosting Service Level Agreement (“SLA”) applies to your purchase and use of the EdgeNext Cloud Hosting Service (“Service”,“ECS”) and your use of the ECS 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. Definitions

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

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

2.3 Instance unavailable: if an ECS 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 ECS instance is deemed unavailable in that minute.

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

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

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

3. Service Availability

3.1 Service availability calculation formula = (expected total service time of all instances at the node in the service period – down time of the node instances in the service period) / expected total 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 ECS in one service period is no less than 99.9%;

3.2.2.For the single-region multi-AZ dimension, EdgeNext undertakes that the service availability of ECS in one service period is no less than 99.9%.

3.3. If the ECS does not fulfil the availability promised, you are entitled to 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 failure or configuration adjustment other than the equipment of EdgeNext;

3.3.2. hacker attack on any of your application ;

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

3.3.4. your negligence or any action of your authorized;

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

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

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

3.3.8. service is suspended or terminated because you fail to comply with the EdgeNext Edge Cloud Hosting Service Agreement or its Supplementary Agreement, including the situation where the ECS 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 ECS conducted by EdgeNext in accordance with EdgeNext Edge Cloud Hosting Service Agreement and its Supplementary Agreement;

3.3.10. force majeure.

 

4. Compensation Scheme

4.1.For the service availability of the ECS service you are using, 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 ECS 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 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 month. (Excluding the compensated duration in the 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 after the fifth (5th) working day of a month the request for compensation for the ECS 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 ECS service did not achieve the expected availability. Any compensation request submitted beyond such deadline will not be accepted.

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