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    Tencent Cloud TCHouse-D Service Level Agreement

    Last updated: 2024-07-18 11:20:45
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      To use the Tencent Cloud TCHouse-D Service (the "Service(s)"), you shall read and comply with this Tencent Cloud TCHouse-D 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 Tencent Cloud TCHouse-D Service

      Tencent Cloud TCHouse-D ("TCHouse-D") refers to the cloud data warehouse hosting service provided by Tencent Cloud that is easy to use, flexible, stable, and cost-effective. It is mainly used in business analysis and decision-making, log analysis, user behavior insights, enterprise management and other scenarios, subject to the Services you purchased and the service content provided by Tencent Cloud.

      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 Service Unavailability

      If all your consecutive attempts to establish a connection with the designated cloud data warehouse cluster fail within a minute due to Tencent Cloud, the Services will be deemed "Service Unavailability" within that minute, except for the circumstances specified in the Article 4 disclaimer of this Agreement.

      1.4 Monthly Service Unavailable Minutes

      "Unavailability Minutes within a Service Month" refers to the sum of the unavailable unit time in the Service Month.

      1.5 Total Minutes within the Service Month

      "Total Minutes within the Service Month" is counted as the total number of days for a within the Service Month × 24 (hours) × 60 (minutes).

      1.6 Monthly Service Fee

      The "Monthly Service Fee" for each cluster is calculated based on the actual consumption in a Service Month. For example, if you purchase a cluster on October 20, even if you pay for multiple months at once, the Monthly Service Fee for October only refers to the fees incurred from October 20 to October 31 for using the cluster.

      2. Service Availability/Service Success Rate

      2.1 Service availability calculation method

      Service Availability is calculated based on a single cluster as follows: "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 shall not be less than 99.9% (the "Service Availability Standard"), which means that the Service Availability of a single cluster in each service cycle shall be no less than 99.9%.

      3.Compensation Plan

      For the Services, if the Service Availability is lower than the Service Availability Standard, you shall be entitled to compensation as per the following terms:

      3.1 Compensation Standard

      (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 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 Service Month (excluding fees offset by vouchers, coupons, service fee deductions, etc.).
      Service availability for the Service Month (Av)
      Compensation Voucher Amount
      99.9% > Av ≥ 99.0%
      10% of Monthly Service Fee
      99.0% > Av ≥ 95.0%
      25% of Monthly Service Fee
      95.0% > Av
      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.

      3.3 Compensation Application Materials

      If you believe that the Service does not meet the Service Availability Standard, you may initiate a claim for compensation within the time limit set forth in this Agreement. Tencent Cloud may require you to provide the following materials, which you must provide in cooperation.
      (1) Account information, including account ID and APP ID.
      (2) Explain the reason for your application, list the cluster information of your service abnormality, and the time period when the problem occurred.
      (3) Other information that Tencent Cloud reasonably requires you to provide.

      4. Disclaimer

      For Service Unavailability caused by the following reasons, the corresponding Service Unavailability time does not fall within the scope of the calculation of Service Unavailability and Tencent Cloud’s compensation, and Tencent Cloud shall not be responsible for you:
      4.1 Failures caused by your customized code or configuration files include but are not limited to: improper configuration parameters, unreasonable resource usage, business logic bugs, etc.
      4.2 Failures caused by your or a third party’s equipment, software or other technology (except third parties directly controlled by the Services).
      4.3 System maintenance conducted by Tencent Cloud with prior notice, such as cutover, upgrade, simulated failure drills, and other planned downtime.
      4.4 The response of the Services slows down or the system freezes under the pressure of ultra-high performance.
      4.5 Unavailability due to hacker attacks on your application or data information.
      4.6 Unavailability due to changes in node types or capacity expansion or reduction.
      4.7 Unavailability due to unavoidable write operations during the expansion process.
      4.8 Unavailability due to loss or leakage of data, passwords, etc. caused by your improper maintenance or improper confidentiality.
      4.9 Unavailability due to erroneous operation due to your negligence or operation authorized by you.
      4.10 Unavailability due to your configuring the cluster to "non-high availability" mode or using a single data copy, resulting in service unavailability.
      4.11 Other force majeure (see Article 7 of the Tencent Cloud Service Agreement ) and Unavailability or failure to meet the Service Availability Standard caused by reasons not attributed to Tencent Cloud.
      4.12 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 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 for the defaulted Services if you suffer damages due to Tencent Cloud’s breach of contract during your use of the Services.
      5.2 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.
      5.3 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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