To use the Tencent Cloud TDMQ for CMQ Service (the “Service(s)”), you shall read and comply with this TDMQ for CMQ Service Level Agreement (the “Agreement” or the “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains the terms and definitions of the Services, service availability/service success rate grade indicator, compensation plan, disclaimer, and other relevant contents. Please be sure to read and fully understand the terms and conditions of this Agreement. Limitations, disclaimers, and other terms involving your material rights and interests may prompt your attention in bold, underlined, etc.
Please do not purchase or use the Services unless you have thoroughly read, fully understood, and accepted all the terms of this Agreement. By clicking “Agree” or “Next”, or purchasing or using the Services, or accepting this Agreement in any other explicit or implicit manner, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall have legal effect between you and Tencent Cloud and shall become a legally binding document for both parties.
1. Terms and Definitions
1.1 TDMQ for CMQ
“TDMQ for CMQ” provided by Tencent Cloud is a distributed and highly available message queue service that can provide a reliable, message-based asynchronous communication mechanism, and can transmit information from different applications (or different components of the same application) in a distributed manner, and store it in a reliable and effective queue to prevent message loss. TDMQ for CMQ supports simultaneous reading and writing by multiple processes, and the sending and receiving do not interfere with each other, without requiring each application or component to be always in a running state.
1.2 Service Month
“Service Month” refers to each natural month included in the service term of the Services you purchase. For example, if you purchase the Services for three months, and the date of service opening is March 17, then four Service Months are included, of which the first Service Month refers to March 17 to March 31, the second Service Month refers to April 1 to April 30, the third Service Month refers to May 1 to May 31, and the fourth Service Month refers to June 1 to June 16. Service availability will be accounted separately for each Service Month.
1.3 Total Minutes within the Service Month
“Total Minutes within the Service Month” is counted as the total number of days for a client under a Tencent Cloud account within the Service Month × 24 (hours) × 60 (minutes).
1.4 Service Unavailability
“Service Unavailability” refers to that within a certain minute, all client requests to call the API specified by the message queue CMQ version for message production/publishing, message consumption, and message confirmation failed.
1.5 Service Unavailability Minutes
“Service Unavailability Minutes” = Service Unavailability resolution moment - Service Unavailability start moment. Unavailability time refers to the time from when a Service failure occurs to when normal service is restored, including maintenance time.
If the Service failure lasts for more than 5 minutes, it will be included in the Service Unavailability Minutes. If the time from the start of the service failure to the restoration of normal is less than 5 minutes (that is, the instance is unavailable for no more than 5 minutes), it will not be counted in the Service Unavailability Minutes.
1.6 Unavailability Minutes within a Service Month
“Unavailability Minutes within a Service Month” refers to the sum of the Unavailability Minutes incurred by a client under a Tencent Cloud account in the Service Month.
1.7 Monthly Service Fee
“Monthly Service Fee” refers to the total amount of service fee paid by the customer for the TDMQ for CMQ Service under a Tencent Cloud account in a Service Month, excluding service fee paid but not consumed. The Monthly Service Fee does not include fees deducted by vouchers, coupons, service fee reductions, etc.
2. Service Availability
2.1 Calculation of Service Availability
“Service Availability” = (Total Minutes within the Service Month - Unavailability Minutes within a Service Month) / Total Minutes within the Service Month × 100%
2.2 Service Availability Standard
The Service Availability of the Services provided by Tencent Cloud shall not be less than 99.95%. If the Service Availability Standard is not met (excluding cases covered by disclaimers), you shall be entitled to compensation in accordance with Article 3 of this Agreement.
For example, the Total Minutes within the Service Month of a Service is 30 × 24 × 60 = 43,200 minutes. This means that there can be 43,200 – 43,200 × 99.95% = 21.6 minutes of Service Unavailability Minutes.
3. Compensation Plan
3.1 Compensation Standards
(1) Compensation will be provided in the form of vouchers issued by Tencent Cloud, and you must comply with vouchers usage rules (including usage period, etc., subject to the voucher-related rules published on the website of Tencent Cloud). The vouchers issued cannot be exchanged for cash, or be accompanied by invoices. Such vouchers can only be used to purchase the Services through your corresponding Tencent Cloud account, and cannot be used to purchase other services provided by Tencent Cloud. The vouchers cannot be transferred or gifted, etc.
(2) If the Service Availability Standard in this Agreement is not met in a Service Month, the compensation will be calculated separately according to the corresponding Service Month, and the total amount of compensation shall not exceed the corresponding Monthly Service Fee paid by you for the Services for the respective month (excluding fees offset by vouchers, coupons, service fee deductions, etc.).
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Less than 99.95% but equal to or higher than 99% | 10% of Monthly Service Fee |
Less than 99% but equal to or higher than 95% | 25% of Monthly Service Fee |
Less than 95% | 100% of Monthly Service Fee |
3.2 Time Limit for Claims
(1) If the Service Availability Standard is not met in a Service Month, you may claim for compensation only through the work order system of your corresponding account after the fifth (5th) business day of the month following the end of the corresponding Service Month in which the Service Availability Standard is not met. Tencent Cloud will conduct verification after you have filed the claim for compensation. In case of a dispute between the parties regarding the calculation of the Service Availability in the Service Month, both parties agree that Tencent Cloud’s backend records shall ultimately prevail.
(2) The latest deadline for you to file a claim for compensation shall not exceed sixty (60) calendar days after the end of the corresponding Service Month that the Service Availability Standard is not met. If you fail to file a claim for compensation within the aforesaid period, or file a claim after the aforesaid period, or file a claim in a manner other than that agreed in this Agreement, it shall be deemed that you have automatically waived your right to demand compensation and any other claims against Tencent Cloud, and Tencent Cloud reserves the right to decline your claim for compensation and shall not be liable for any compensation or indemnification to you.
4. Disclaimer
For Service Unavailability or failure to meet the Service Availability Standard due to the following reasons, Tencent Cloud shall not be responsible for you:
4.1 The Services become unavailable due to reaching or exceeding the size limit of the purchased single business instance.
4.2 Unavailability due to system maintenance after Tencent Cloud notifies the customer in advance, including cutover, repair, upgrade and simulated fault drill.
4.3 Unavailability due to defects in data flow or management flow caused by the open source community .
4.4 Unavailability due to your application interface or data being attacked or caused by other improper behavior after Tencent Cloud has taken reasonable technical and organizational measures.
4.5 Unavailability due to your failure to follow the Tencent Cloud product usage documentation or usage recommendations.
4.6 Unavailability or failure to meet the Service Indicator Standard not attributed to Tencent Cloud.
4.7 Unavailability due to loss or leakage of data, passwords, etc. caused by improper maintenance or confidentiality by yourself.
4.8 The message delivery delay caused by your own reasons, including but not limited to the accumulation of messages caused by your slow consumption and processing.
4.9 Timing message errors caused by your own reasons, including but not limited to errors caused by inconsistent server clocks and inconsistent time zones.
4.10 The circumstances described in relevant laws and regulations, related agreements, applicable rules, or relevant rules and instructions separately issued by Tencent Cloud that Tencent Cloud can exempt from any liability or release of compensation liability, etc.
5. Miscellaneous
5.1 You understand that Tencent Cloud cannot guarantee that the Services are flawless, but Tencent Cloud will do its best to continuously improve the quality and level of the Services. Therefore, you agree that even if there are defects in the Services, if the above defects are unavoidable due to the technical level of the industry at that time, they will not be regarded as a breach of contract by Tencent Cloud. You agree to work with Tencent Cloud to resolve the above defects.
5.2 The parties acknowledge and hereby agree that under no circumstances shall Tencent Cloud’s compensation liability for breach of contract in aggregate exceed the corresponding service fees you have paid in the Service Month in which the Service Availability Standard is not met if you suffer damages due to Tencent Cloud’s breach of contract during your use of the Services.
5.3 Tencent Cloud reserves the right to modify this Agreement when appropriate or necessary according to any changes. You can refer to the relevant contents in the latest version on the website of Tencent Cloud. If you do not agree with Tencent Cloud’s modification to this Agreement, you have the right to stop using the Services. If you continue to use the Services, you shall be deemed to have accepted the modified Agreement.
5.4 This Agreement, as an ancillary agreement of Tencent Cloud Service Agreement, shall have the same legal effect as Tencent Cloud Service Agreement. You shall comply with the provisions in Tencent Cloud Service Agreement for matters not specified in this Agreement. In the event of a conflict or inconsistency between the terms of this Agreement and Tencent Cloud Service Agreement, this Agreement shall prevail, but only to the extent of such conflict or inconsistency. (End)
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