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    Tencent Cloud WeData Service Level Agreement

    最后更新时间：2024-11-11 16:54:57
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      To use the Tencent Cloud WeData Service (the “Service(s)”), you shall read and comply with this Tencent Cloud WeData 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 level 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 WeData Service

      “Tencent Cloud WeData Service provided by Tencent Cloud” refers to the one-stop Tencent Cloud WeData provided by Tencent Cloud, which integrates the full-link DataOps data development capabilities including data integration, data development, and task operation and maintenance, as well as a series of data governance and operation capabilities such as data maps, data quality, and data security.

      1.2 Service Month

      1.2 “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. Service Availability is calculated separately by each Service Month.

      1.3 Unavailability Minutes within the Service Month

      Unavailability Minutes within the Service Month: If all designated accounts of the customer fail to connect to the Tencent Cloud WeData in a designated region within a certain five (5) minute period, the five minutes will be counted as “Unavailability Minutes within the Service Month”. If all or part of your connection attempts succeed within five minutes, the Services will be deemed available within those five minutes and the time will not be counted as Unavailability Minutes within the Service Month. The sum of the Unavailability Minutes within the Service Month is the Unavailability Minutes within the Service Month.

      1.4 Unavailability Minutes within the Service Month

      “Total Minutes within the Service Month” is calculated as number of days in the Service Month * 24 (hours) * 60 (minutes).

      1.5 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 you have purchased but not yet consumed. The Monthly Service Fee does not include fees deducted by vouchers, coupons, service fee reductions, etc.

      2. Service Availability/Service Success Rate

      2.1 Calculation of Service Availability/Service Success Rate

      Service Availability = (1 - Unavailability Minutes 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 99.5% (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 of the Services 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 the fees deducted by vouchers, coupons, service fee reductions, etc.).
      Service Availability within the Service Month
      Compensation Voucher Amount
      Less than 99.5% but equal to or higher than 98%
      10% of Monthly Service Fee
      Less than 98% 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 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 system maintenance after Tencent Cloud notifies you in advance, including cutover, repair, upgrade and simulated failure drills.
      4.2 Service unavailability due to any network or equipment failure or configuration adjustment other than Tencent Cloud equipment.
      4.3 Service unavailability due to your application interface or data being attacked or due to other improper behavior.
      4.4 Failures beyond the reasonable control of Tencent Cloud, including any force majeure events, Internet access or failures caused by factors beyond the boundaries of this service product.
      4.5 Failures caused by your negligent authorization, loss of password, incorrect operation, your own equipment or third-party software or equipment.
      4.6 Failures and losses caused by tasks such as custom tasks uploaded by you, high-risk shells (including but not limited to deleting important files and data), high-risk SQL (including but not limited to deleting important database table data, modifying permissions), etc.
      4.7 Errors caused by failure to use the Services in accordance with the usage, version compatibility, API and other specifications supported by the Service version.
      4.8 Business anomalies caused by the mismatch between the storage or computing resources you set for the Services and the data scale or computing complexity.
      4.9 Failures caused by you or third-party collaborators (such as CVM resource limitations, COS capacity limitations, CAM roles, security groups, data source configuration, EKS configuration, etc.).
      4.10 Service unavailability due to reasons other than the product itself, such as the unavailability of the product due to the unavailability of the underlying engine (such as EMR, DLC), the unavailability of the data integration module due to the unavailability of the data source itself or user configuration adjustments (network, table structure, permissions), improper operations, etc.
      4.11 Service unavailability or failure to meet the service standard due to reasons not attributable 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.
      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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