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    Tencent Cloud Direct Connect Service Level Agreement

    最后更新时间：2024-09-10 17:13:22
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      To use the Tencent Cloud Direct Connect Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Direct Connect 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 Direct Connect (DC)

      “Tencent Cloud Direct Connect” or “DC” refers to a convenient method provided by Tencent Cloud for you to connect your enterprise data center with Tencent Cloud. You can establish a private connection service that is completely isolated from the public network through Direct Connect, subject to the Services you purchase and the Services provided by Tencent Cloud.

      1.2 Tencent Cloud Direct Connect Standard Architecture

      “Tencent Cloud Direct Connect Standard Architecture” refers to the technical requirements of the standard access architecture provided by Tencent Cloud for the Direct Connect products. That is, when users use Tencent Cloud Direct Connect, they need to use at least two physical direct lines with different physical paths to connect to the Direct Connect points in different geographical locations of Tencent Cloud.

      1.3 Direct Connect Instance

      A “Direct Connect Instance” refers to a single direct line gateway. A Direct Connect Instance can contain multiple physical direct lines or direct line channels. Service Availability is calculated based on Direct Connect Instance.

      1.4 Service Unavailability

      1.4.1 Calculation of Packet Loss Rate
      “Packet Loss Rate” is calculated based on 60 PING packets corresponding to every 60 seconds between Tencent Cloud-side interconnection IP and the user-side interconnection IP through the ICMP protocol.
      1.4.2 Service Unavailability Minute
      For reason attribute to Tencent Cloud, if all your communication attempts to access the Instance through the Direct Line fail within a unit time (one minute is one unit time) (i.e., the Packet Loss Rate of the Direct Connect Instance is 100% within one minute, based on Tencent Cloud monitoring data), the Services are considered “Service Unavailability” within that unit time. If the Services are unavailable for 1 minute or more, it is counted as “Service Unavailability Minute”; if less than 1 minute, it is not counted as Service Unavailability Minute.

      1.5 Service Unavailability Time

      In a Service Month, the “Service Unavailability Time” is the sum of the Service Unavailability Minutes of a Direct Connect Instance.

      1.6 Service Month

      “Service Month” refers to each natural month included in the service term of the Services you purchased. 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.

      1.7 Monthly Service Fee

      “Monthly Service Fee” refers to the total amount of service fees you pay for the Services in the Service Month, excluding the portion that has been purchased but not consumed. The Monthly Service Fee does not include the fees deducted by vouchers, coupons, service fee reductions, etc.

      2. Service Availability/Service Success Rate

      2.1 Calculation of Service Availability/Service Success Rate

      The “Service Availability” of Direct Connect is calculated based on the Direct Connect Instance dimension. The calculation formula is as follows:
      Service Availability = {(total minutes within the Service Month - Service Unavailability Minutes within the Service Month) / total minutes within the Service Month} × 100%
      For example, the Service Month of April 2019 is 30 days. The total minutes of Direct Connect Services within that Service Month is 30 days × 24 hours × 60 minutes = 43,200 minutes. Assuming that the Service Unavailability Time in April 2019 is a total of 15 minutes, the Service Availability of that month = ((43,200-15) / 43,200) × 100% ≈ 99.97%.

      2.2 Service Availability/Service Indicator Standards

      The Service Availability of the Services provided by Tencent Cloud shall not be less than 99.95% in a dual-line dual-access point scenario, and shall not be less than 99.00% in a dual-line single-access point scenario (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.).
      Service Availability guarantee and compensation standard for dual-line dual-access point scenario (user is connected to two Tencent Cloud access points through two physical direct lines):
      Service Availability for the Service Month
      Compensation Voucher Amount
      Less than 99.95% but equal to or higher than 99.00%
      10% of Monthly Service Fee
      Less than 99.00% but equal to or higher than 95.00%
      25% of Monthly Service Fee
      Less than 95.00%
      100% of Monthly Service Fee
      Service Availability guarantee and compensation standard for dual-line single access point scenario (user is connected to one Tencent Cloud access point through two physical direct lines ) :
      Service Availability for the Service Month
      Compensation Voucher Amount
      Less than 99.00 % but equal to or higher than 95.00 %
      10% of m Monthly Service Fee
      Less than 95.00 % but equal to or higher than 90.00 %
      25% of Monthly Service Fee
      Less than 90.00 %
      100% of Monthly Service Fee
      In single-line access scenarios (user is connected to one Tencent Cloud access point through one physical direct line), Tencent Cloud does not provide Service Availability guarantee and related compensation/indemnity.

      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:
      Due to system maintenance performed by Tencent Cloud after notifying customer in advance, including cutover, repair, upgrade and simulated failure drills.
      Due to any network or equipment failure or configuration adjustment other than that of Tencent Cloud.
      Due to customer's application or data information being attacked by hackers.
      Due to improper configuration of customer's network equipment or routing.
      Due to the loss or leakage of data, passwords, etc. caused by improper maintenance or confidentiality by customer.
      Due to customer upgrading the operating system on his own.
      Due to customer application or installation activity.
      Due to customer's negligence or actions authorized by the customer.
      Due to force majeure and unexpected events.
      Due to customer did not configure the Direct Connect Standard Architecture provided by Tencent Cloud.
      Unavailability or failure to meet the Service Availability Standard not attributed to Tencent Cloud.
      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 in the past 12 months 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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