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    Tencent Cloud Enterprise Drive Service Level Agreement

    最后更新时间：2024-01-11 14:58:54
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      To use the Tencent Cloud Enterprise Drive Service (the “Service(s)”), you shall read and comply with this Enterprise Drive Service Level Agreement (the “Agreement”orthe “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains the terms and definitions of the Services, service availability,compensation plans, disclaimers, 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” 、 “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 Enterprise Drive

      “Tencent Cloud Enterprise Drive” is a one-stop cloud content management platform that helpsenterprises, universities, governments, and other types of enterprise-levelcustomers to improve their data management efficiency, enjoy a smarter collaborative office experience, and tap the business value of their data to agreater extent.

      1.2 Service Month

      Service Month(s): means the calendar month(s) within the term of the Service purchased by you. For example,if you purchase the Service for a term of three months starting from March 17,there will be four (4) Service Months (the first Service Month from March 17 toMarch 31, the second from April 1 to April 30, the third from May 1 to May 31,and the fourth from June 1 to June 16). The availability of the Service will becalculated independently for each Service Month.

      1.3 Total Minutes within the Service Month

      “Total Minutes within the Service Month”= the total number of days of the Service Month × 24(hours) × 60 (minutes).

      1.4 Unavailability Minutes within the Service Month

      Within a certain minute, if all consecutive attempts to establish a connection with the Services fail, it will be considered that the Services are unavailable within that minute. If the consecutive attempt fails for less than 1 minute, it will not be counted as unavailable time. The sum of the unavailability minutes of the Services within the Service Month is the “Unavailability Minutes within the Service Month”.

      1.5 Monthly Service Fee

      “Monthly Service Fee”means the fees incurred for the actual use of the Services under a particular Tencent Cloud account of the user in a Service Month, excluding the unused portion.

      2. SERVICE AVAILABILITY

      2.1 Calculation of Service Availability

      Service Availability is calculated on a monthly basis as follows: Service Availability = ((Total Minutes within the Service Month - Unavailability Minutes within the Service Month) / TotalMinutes within the Service Month) x 100%.

      2.2 Service Availability Standard

      The Service Availability shall not be less than 99.9% (the “Service Availability Standard”). If the Service Availability is lower than the Service Availability Standard (excluding cases covered by disclaimers), you shall be entitled to compensation through a work order claim to Tencent Cloud in accordance with Article 3 of this Agreement.

      3. COMPENSATION

      3.1 Compensation Method

      (1) Compensation will be provided in the form of voucher sissued by Tencent Cloud, and you must comply with vouchers usage rules(including usage period, etc., subject to the voucher-related rules publishedon the website of Tencent Cloud). The vouchers issued cannot be exchanged forcash, or be accompanied by invoices. Such vouchers can only be used to purchasethe Services through your corresponding cloud account, and cannot be used topurchase other services provided by Tencent Cloud. The vouchers can not 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 Feepaid by you for the Services for that respective month (excludes non-cashfees offset by vouchers, service fee deductions, etc.).

      3.2 Compensation Standard

      Service Availability in a Service Month (the “AV”)
      Compensation Voucher Amount
      99.9% > AV ≥ 99.0%
      10% of the Monthly Service Fee
      99.0% > AV ≥ 95.0%
      20% of the Monthly Service Fee
      95.0% > AV
      50% of the Monthly Service Fee

      3.3 Time Limit for Claims

      （1）If the Service Availability Standard is not met in aService Month, you may claim for compensation only through the work order system of your corresponding account after the fifth (5th) business day ofthe following month after 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 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 Unavailability due to system maintenance after Tencent Cloud notifies you in advance, including cutover,repair, upgrade, and simulated failure drills.
      4.2 Unavailability due to network,device failure or configuration adjustments other than Tencent Cloud devices.
      4.3 Unavailability due to attacks or other misconduct on your application interfaces or data.
      4.4 Unavailability due to the lossor leakage of data, passwords, codes, etc. because of your improper maintenance or improper confidentiality.
      4.5 Unavailability due to your negligent authorization, incorrect operation, your own equipment or third party software or equipment.
      4.6 Unavailability due to your failure to follow the Tencent Cloud solution usage documentation or usage recommendations.
      4.7 Push delays or drops caused by using more than the upper limit of the service capacity calibrated for thecurrent paid version.
      4.8 Unavailability due to force majeure, including but not limited to, natural disasters such as earthquakes,floods, plague epidemics, etc. and social events such as wars, unrest,governmental actions, interruption of telecommunication backbone lines,hacking, network blocking, technical adjustments by telecommunicationdepartments and governmental controls.
      4.9 Suspension or termination ofservers due to the customer's violation of the Tencent Cloud Service Agreement , including but not limited tosuspension of the Services or deletion of data due to non-payment of fees.
      4.10 Unavailability or failure tomeet the Service Availability Standard not attributed to Tencent Cloud.
      4.11 The circumstances described inrelevant laws and regulations, related agreements, applicable rules or relevantrules and instructions separately issued by Tencent Cloud that Tencent Cloudcan exempt from any liability or release of compensation liability, etc.

      5. MISCELLANEOUS

      5.1 Both 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 a subsidiary 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 ofa conflict or inconsistency between the terms of this Agreement and Tencent Cloud Service Agreement, the Tencent Cloud Service Agreement shall prevail, but only to the extent of such conflict or inconsistency. (End)
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