To use the Tencent Cloud Cloud Security Center Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Cloud Security Center 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
“Tencent Cloud Cloud Security Center Service” refers to the Services provided by Tencent Cloud through Tencent Cloud Cloud Security Center or Tencent Cloud Security Operation Center, such as automated asset inventory, Internet attack surface mapping, cloud security configuration risk inspection, compliance risk assessment, traffic threat awareness, leakage monitoring, log audit and retrieval investigation, security orchestration and automated response, and security visualization. In addition, Tencent Cloud Cloud Security Center is an upgraded version of Tencent Cloud Security Operation Center. There are differences in the functions and service content of such two products, 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 the Services cannot be used normally for a period of 1 minute or more, it is considered as “Service Unavailability”; if the Services cannot be used normally for less than 1 minute (that is, the instance is unavailable for less than 1 minute), it is not considered as Service Unavailability. For example, if the Services cannot be used normally for 59 seconds, it is not considered as Service Unavailability.
1.4 Service Unavailability Time
“Service Unavailability Time” = Service Unavailability resolution moment - Service Unavailability start moment. Each Service Unavailability Time is calculated in minutes, and the part less than 60 seconds is calculated as 1 minute. For example, the Service Unavailability start moment is 14:01:01 on January 10, and the Service Unavailability resolution moment is 15:01:29 on January 10, the Service Unavailability Time is 60 minutes and 28 seconds. Since 28 seconds is less than 1 minute, it needs to be calculated as 1 minute, so the Service Unavailability Time shall be 61 minutes.
1.5 Unavailability Minutes within the Service Month
“Unavailability Minutes within the Service Month” refers to the sum of the Service Unavailability Time in the Service Month. For example, if 3 Service Unavailability occur in a Service Month, and the Service Unavailability Time is 10 minutes, 20 minutes and 30 minutes respectively, then Unavailability Minutes within the Service Month is 60 minutes.
2. Service Availability
2.1 Calculation of Service Availability
“Service Availability” = (1 - Unavailability Minute within the 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% (the “Service Availability Standard”). 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.
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 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 Service 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% but equal to or higher than 90% | 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 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 Service Unavailability due to security threats posed by you or your end users to the Services provided by Tencent Cloud or fraud or illegal activities.
4.2 Service Unavailability due to equipment, software or technology of you or any third party (not directly controlled by Tencent Cloud).
4.3 Service Unavailability due to your failure to configure the product in accordance with Tencent Cloud regulations or use the product in accordance with the service rules of the Services.
4.4 Service Unavailability due to your non-payment or arrears.
4.5 Service Unavailability due to serious failure of the network operator.
4.6 Service Unavailability due to various source site problems on your business side (such as source site bandwidth being full, source site IP being exposed, source site data center failure, source site link network jitter, etc.).
4.7 Service Unavailability due to the number of assets exceeds the specifications for the Services you purchased.
4.8 Temporary service interruptions caused by routine maintenance and upgrades of Tencent Cloud as described in the Tencent Cloud Service Agreement.
4.9 Service request failure, service suspension or termination due to your violation of the Tencent Cloud Service Agreement, the terms of service, usage rules, etc. of the Services.
4.10 Service Unavailability due to force majeure.
4.11 Unavailability or failure to meet the Service Availability Standard 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.
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. If the service term of your use of the Services exceeds 12 months, the maximum liability of Tencent Cloud shall not exceed the total amount of fees you have paid to Tencent Cloud for the Services in the 12 months before the damage occurred (for the avoidance of doubt, the fees here refer to the actual cash you have paid for the use of the Services, excluding vouchers, prepaid but not actually consumed fees, etc.).
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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