Elastic Cloud Server (ECS) Service Level Agreement History Version

Elastic Cloud Server (ECS) Service Level Agreement History Version

V1001 March 2024

This Service Level Agreement (this “SLA”) is an integral part of your Huawei Cloud Customer Agreement (the “Customer Agreement”). Capitalized terms used in this SLA are as defined in the Customer Agreement unless otherwise stated in this SLA. Should there be any difference between this SLA and the Customer Agreement, this SLA shall prevail.

Huawei Cloud may modify the terms of this SLA from time to time, and this SLA is still effective for the period you already purchased; however, if you extend your period, the modified SLA will apply. If you disagree with the modified SLA, you may cease using the Services.

General Terms

1. Definitions

“Service Cycle” means a natural month.

“Total Time of Service Cycle” means the total minutes during every Service Cycle.

“Service Unavailable” will be defined for each Service in the Service Specific Terms thereafter. Service Unavailable does not include the situation that Cloud Service is unavailable due to the disclaimers described below and disclaimers in the following service specific terms.

“Service Unavailable Duration” means all the time when the Service is unavailable during a Service Cycle. If the duration is less than one month, it is still regarded as one month. Service Unavailable Duration cannot be calculated more than once. Every Service Unavailable Duration cannot be calculated again after the compensation being applied for.

“Service Availability” means during a Service Cycle, the service available percentage per Service Cycle achieved by the Cloud Service given in this SLA.

“Monthly Service Fee” means service fees paid by customers for the Services in a Service Cycle. For example, if the customer pays the service fee of several months at a time, the Monthly Service Fee is calculated as the total service fees paid divided by the total number of month.

2. Service Credit

Service Credit: In the event Huawei Cloud does not meet the commitment on the Service Availability Rate specified in this SLA, you will be eligible to receive service credit as described below, which is the sole and exclusive remedy for any performance or availability issues for any Services under the Customer Agreement and this SLA.

Time limit for application: you can apply for service credit in each Service Cycle after the bill are settled. The application must be filed within two (2) months after the end of the Service Cycle in which the incident that’s the subject of the claim occurred. Applications beyond the time limit will not be accepted. Huawei Cloud will make a reasonable assessment of all information provided to us and make a good faith decision on whether the service credit is owned.

Application method: you can make a claim at Huawei Cloud user center, which is available at https://console.eu.huaweicloud.com/ticket/?region=eu-west-101#/ticketindex/createIndex.

3. Disclaimers

This SLA does not apply to any performance and availability issues:

a. caused by force majeure;

b. that arise during the period when your Services are suspended or terminated according to the Customer Agreement;

c. caused by you or any third party;

d. caused by daily service maintenance;

e. that arise due to your failure to comply with the operation guidance of the Services;

f. caused by a serious problem of the network operator.

Elastic Cloud Server (ECS) Service Specific Terms

Definition

1. Service Cycle: A service cycle is a calendar month.

Total Time of Service Cycle per ECS is the total number of minutes in a Service Cycle for an ECS. Total Time of Service Cycle = Total number of days in a Service Cycle x 24 hours x 60 minutes.

ECS Unavailability is when the system logs of Elastic Cloud Servers (ECSs) (including ECSs on DeHs) show that ECS was inaccessible for one (1) or more consecutive minutes because of Huawei Cloud.

Unavailable Time per ECS is the total number of minutes that an ECS was unavailable in a Service Cycle.

Multi-AZ ECS Unavailability in One Region is the unavailability of ECSs in other availability zones (AZs) when the ECSs in one AZ in the same region are available.

Multi-AZ ECS Unavailability Time in One Region is the total number of minutes that the ECSs in other AZs experienced Multi-AZ ECS Unavailability in One Region within a Service Cycle.

Monthly Expenditure is your total expenditure for an ECS within a Service Cycle. If you pay for several months at a time, the Monthly Expenditure is calculated by dividing the total amount billed by the number of months the service was used.

2. Disclaimers

This SLA does not apply to any performance or availability issues caused by the following:

1) Data stored on local disks being lost due to damage to those disks or becoming unavailable due to an instance breakdown;

2) If your service does not have high availability (HA) capabilities and does not accept server replacement,BMS or ECS with local disks instance becomes unavailable during hardware repair;

3) Service unavailability caused by your own operations, for example, stopping or restarting an ECS, or detaching an EVS disk from an ECS using the console or APIs;

4) Services made unavailable due to unsupported software or drivers, third-party software or drivers that are not directly managed by Huawei Cloud, configuration errors, or hacker attacks;

5) Data, passwords, or other information getting lost or leaked due to improper maintenance or handling of confidential information;

6) Spot ECSs released because the bid price was lower than the market price or ECSs suspended or released due to payment in arrears;

7) Unavailability caused by a force majeure;

8) Operations authorized by the customer or any misoperations;

9) Network faults, device faults, or configuration adjustment of non-Huawei devices;

10) Short-term server interruption or network unavailability caused by live migration (which is performed in advance to prevent server breakdown caused by hardware faults).

3. Service Availability

Calculation formula for Service Availability Rate in each Service Cycle:

The ECS Service Availability Rate can be calculated by referring to the following formula:

1) Single ECS service availability (ECS availability within a given AZ and region)

Service Availability Rate per Service Cycle = (Total Time of a Service Cycle per ECS – Unavailable Time per ECS)/Total Time of Service Cycle per ECS x 100%.

2) Multi-AZ ECS service availability in one region (ECS availability in multiple AZs in a region)

Service Availability Rate per Service Cycle = (Total Time of a Service Cycle per ECS – Multi-AZ ECS Unavailability Time in One Region)/Total Time of Service Cycle per ECS x 100%.

Service Availability Rate Commitment

1) Huawei Cloud will use all commercially and technically reasonable efforts to ensure that the Service Availability Rate of a Single ECS (ECS availability within a given AZ and region) per Service Cycle is not lower than 99.975% and that the Multi-AZ ECS Availability Rate in One Region per Service Cycle is not lower than 99.995%. You are advised to deploy ECSs in at least two AZs in one region (if a given region has only one AZ, then deploy your ECSs in at least two regions) for a higher service availability rate. If you choose to deploy your ECSs in a single AZ in a given region, Huawei Cloud shall only promise a single ECS service availability (ECS availability within a given AZ and region) per Service Cycle.

2) ECS provides different deployment modes for your applications. You can deploy one or more applications on a single ECS, or you can deploy applications in active/standby or cluster mode on multiple ECSs. You have understood and agreed that different deployment modes deliver different levels of reliability. Choose an appropriate one to meet your requirements for service reliability. To prevent single points of failure (SPOFs) from affecting core services, you are advised not to deploy HA applications on a single ECS.

4. Compensation

Compensation Standard

If we fail to meet the commitment described here for the ECS Service Availability Rate, Huawei Cloud will compensate you with the service credits described below (only for purchasing ECSs). The total amount of the service credits shall not exceed the Monthly Service Fee minus any coupons that have been applied.

Single ECS availability (ECS availability within a given AZ and region)

Service Availability Rate

Service Credit

99% ≤ Service Availability Rate < 99.975%

10% of ECS expenditures for that month

95% ≤ Service Availability Rate < 99%

30% of ECS expenditures for that month

Service Availability Rate < 95%

100% of ECS expenditures for that month

Multi-AZ ECS service availability in one region

Service Availability Rate

Service Credit

99% ≤ Service Availability Rate < 99.995%

10% of ECS expenditures for that month

95% ≤ Service Availability Rate < 99%

30% of ECS expenditures for that month

Service Availability Rate < 95%

100% of ECS expenditures for that month

Compensation Application Time Limit

You can claim compensation for an ECS that did not meet Service Availability requirements for a given month after the fifth (5) business day of the following month. The claim for compensation must be made within two (2) months after the end of the month in which Service Availability was not met. Claims for compensation beyond this time limit will not be accepted.