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    Anti-DDoS Service Level Agreement

    最終更新日:2024-07-08 10:35:00
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      To use Tencent Cloud Anti-DDoS Service (the “Service(s)”), you shall read and comply with this Anti-DDoS 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 plans, disclaimer clauses, and other relevant contents. Please be sure to read and fully understand the terms and conditions of this Agreement. Limitation of liability clause, disclaimer clause, and other terms involving your material rights and interests may be highlighted 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 Anti-DDoS Service

      “Tencent Cloud Anti-DDoS Service” refers to the anti-DDoS service provided by Tencent Cloud for the DDoS advanced package instances and the DDoS advanced IP instances you purchase, subject to the Services you purchase, and the service contents provided by Tencent Cloud.

      1.2 Service Unavailability

      “Service Unavailability” refers to packet loss rate higher than 20% or TCP connection success rate lower than 30% caused by Anti-DDoS Service system, which is not applicable to the availability of the entire link (e.g. full bandwidth of the customer's source station, computer room failure of the customer's source station, etc.).

      1.3 Service Unavailability Minutes

      “Service Unavailability Minutes” refers to the sum of unavailability minutes of the Anti-DDoS Service within a Service Month. The Anti-DDoS Service regards each minute as a sampling point, and the sum of sampling points for which the Anti-DDoS Service is unavailable within a Service Month is the sum of Service Unavailability Minutes.

      1.4 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.

      2. Service Availability/Service Success Rate

      2.1 Calculation of Service Availability/Service Success Rate

      “Service Availability” = (Total minutes within the Service Month – Service Unavailability Minutes) / Total minutes within the Service Month x 100%.

      2.2 Service Availability/Service Indicator Standard

      The Service Availability of the Services provided by Tencent Cloud shall not be less than 99.9% (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 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 that respective month (the “Monthly Service Fee”, excluding fees offset by vouchers, coupons, service fee deductions, etc.).
      Service Availability within a Service Month
      Compensation Voucher Amount
      Less than 99.9% 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.

      3.3 Application Materials for Compensation

      If you believe that the Services do not meet the Service Availability Standard, you may initiate a claim for compensation within the time limit set forth in this Agreement. Your claim must be accompanied by at least the following information:
      (1) A detailed event description report.
      (2) Details of date, time, duration and other related details of Service Unavailability, cleaning time or proportion of normal traffic.
      (3) If your claim for compensation is based on abnormal proportion of normal traffic, you should provide snatching documents lasting at least one hour that can clearly prove the existence and quantity of abnormal traffic.
      (4) Other information that Tencent Cloud requests from you for reasonable reasons.

      4. DISCLAIMER

      For Service Unavailability caused by the following reasons, the corresponding Service Unavailability Minutes do 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 Unavailability or failure to meet the Service Availability Standard due to security threat, fraud or other illegal acts caused by you or your end users to the Services provided by Tencent Cloud.
      4.2 Unavailability or failure to meet the Service Availability Standard due to the equipment, software or technology of you or any third party (not directly controlled by Tencent Cloud).
      4.3 Unavailability or failure to meet the Service Availability Standard due to your failure to use the products in accordance with the configuration of Tencent Cloud.
      4.4 Unavailability or failure to meet the Service Availability Standard due to your breach of any Tencent Cloud product terms.
      4.5 Unavailability or failure to meet the Service Availability Standard due to your non-payment or arrears.
      4.6 Unavailability or failure to meet the Service Availability Standard due to severe network operator failure.
      4.7 Unavailability or failure to meet the Service Availability Standard due to your failure to comply with regulations or illegal use of Tencent Cloud products.
      4.8 Unavailability or failure to meet the Service Availability Standard due to the problems of various source stations at the back end of the Anti-DDoS Service (such as full bandwidth of the source station, IP exposure of the source station, computer room failure of the source station, link network jitter of the source station, etc.).
      4.9 Unavailability or failure to meet the Service Availability Standard due to maintenance or upgrade of network, hardware or Services (Tencent Cloud will give you advance notice of the maintenance schedule in accordance with reasonable commercial principles).
      4.10 Unavailability or failure to meet the Service Availability Standard due to force majeure.
      4.11 Unavailability or failure to meet the Service Availability Standard due to traffic attack that exceeds the specifications of the Anti-DDoS Service you purchase, resulting in a black hole in IP.
      4.12 Unavailability or failure to meet the Service Availability Standard not attributed to Tencent Cloud.
      4.13 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.
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