Service Level Agreement

Last updated: September 20, 2024
This DATACLOUD Service Level Agreement ("SLA") explains the service level policy for DATACLOUD and applies separately to each cloud account and DW user that uses DATACLOUD. This SLA defines the service level terms and conditions for DATACLOUD customers ("Customer", "you", or "your") whose agreement governing the use of DATACLOUD ("Agreement") or Order Form references this SLA. However, DATACLOUD reserves the right to offer more limited support for free trials and evaluations of the service at its discretion. DATACLOUD retains the right to update this SLA at any time.
  1. Definitions
    Unless otherwise specified, the key terms (with the first character capitalized) used in the SLA are defined as follows:
    • "Service Level" is defined as a Monthly Uptime Percentage of 99.9%.
    • "Service Level Credits" : means the number of DATACLOUD Credits you will receive in the event of a Service Level Failure for a given Monthly Availability Percentage and Error Rate Threshold, as indicated in Table 4.
    • "DATACLOUD Credits of the Month" is defined as your actual DATACLOUD Credit (as defined in the DATACLOUD Service Consumption Table) consumption in the calendar month for which the Service Level Credits are to be calculated.
    • "Calendar Minutes" means the total number of minutes during which a given DW service unit receives at least one request in a calendar month.
    • "Monthly Uptime Percentage" means the difference between Service Downtime and the Total Service Time, divided by Calendar Minutes, and multiplied by one hundred (100).
    • "Service Unavailable" : If all requests in a minute forwarded to a DW service unit fail to be processed, the DW service unit will be regarded as unavailable in this minute.
    • "Service Downtime" means the total accumulated Service Unavailable minutes during a calendar month for a given DW service unit.
  2. Service Level Credits
    If the Monthly Uptime Percentage of a DW service unit deployed in your region is smaller than 99.9%, you shall receive Service Level Credits in the region in the immediately succeeding calendar month.
    How to calculate Monthly Uptime Percentage:
    Monthly Uptime Percentage = (Calendar Minutes - Service Downtime)/Calendar Minute x 100%
    The following table describes how to calculate the Service Level Credits based on the Monthly Uptime Percentage.
    Monthly Availability PercentageService Level Credits
    Less than 99.9% but greater than or equal to 99.0%10% x DATACLOUD Credits of the Month
    Less than 99.0% but greater than or equal to 95.0%25% x DATACLOUD Credits of the Month
    Less than 95.0%100% x DATACLOUD Credits of the Month
    The bonus balance or vouchers cannot be cashed, no invoice will be issued, and you cannot transfer, gift, or otherwise dispose of the vouchers.
  3. Exclusions
    DATACLOUD will have no liability for any failure to meet the Service Level to the extent arising from:
    • DATACLOUD will conduct system maintenance, which may include, but is not limited to, cutover, repair, upgrades, and drills, after providing prior notice to you;
    • Any failures or adjustments to networks or devices not under DATACLOUD's ownership;
    • Your applications or data may suffer breaches due to hacker attacks;
    • You might experience the loss or leakage of data, credentials, passwords, etc., stemming from inadequate maintenance or confidentiality measures on your part;
    • Incidents arising from your negligence or actions that you've authorized;
    • Disruptions to service resulting from not adhering to the usage guidelines or recommendations DATACLOUD has provided;
    • The unavailability of services due to software or drivers you've installed, or from configuration errors;
    • The suspension or termination of services driven by legal or regulatory requirements, demands from supervisory authorities, or in compliance with the terms of relevant service agreements and the policies they reference;
    • Service suspension or termination as a consequence of your failure to make payments;
    • Unavailability resulting from your decision to engage in frequent data reading and modification activities, despite opting for inadequate storage and computing resources, excessive CPU usage, high memory load, or maxed-out disk space (it's advisable to maintain these metrics below 60%) without activating system automatic monitoring or leveraging service elasticity;
    • Decreased response times, system freezes, or exceeding instance resource limits (such as CPU, memory, or IOPS) during scenarios of extreme performance pressure faced by DWSU;
    • Time spent during service or component restarts or through forced restart operations undertaken by DWSU;
    • Service unavailability due to dependencies on local disks and their data for startup, which are erased when local disks fail;
    • Unavailability stemming from acts of God or unforeseen events;
    • Other factors not related to DATACLOUD, leading to the unavailability of DATACLOUD-provided services.
  4. Claim submission
    You are eligible to submit compensation claims for any DATACLOUD services that failed to meet the required availability standards starting from the 5th business day of each month for the previous month's services.
    These claims must be submitted within 2 months from the end of the month in which the service availability did not meet expectations. Any claims filed after this 2-month window will not be accepted.
  5. Changes to this Agreement
    DATACLOUD reserves the right to modify the terms of this Service Level Agreement (SLA). In the event of any changes to the SLA terms, DATACLOUD will inform you 30 days prior through website announcements, SMS notifications, or email communications. Should you not agree with the modifications to the SLA, you are entitled to cease using the DATACLOUD services. Your continued use of DATA CLOUD services will be considered as your acceptance of the revised SLA.