KooPhone Service Level Agreement
Huawei Cloud Service Level Agreement General Terms

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-intl.huaweicloud.com/ticket/?region=ap-southeast-1&locale=en-us#/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.

 

KooPhone Service Specific Terms

1. Definition

Service Unavailable means the KooPhone system log shows that KooPhone was inaccessible for five consecutive minutes or more due to a fault with Huawei Cloud.

2. Disclaimers

In addition to the unavailability issues described in general terms, unavailability resulting from the following issues is not included as part of the Service Unavailable Duration:

1) Planned system maintenance that Huawei Cloud has notified you of in advance, such as cutovers, maintenance, upgrades, or fault simulations

2) Network faults, device faults, or configuration adjustment of non-Huawei Cloud devices

3) Hacker attacks on your applications

4) Data (including passwords) leakage or loss due to your improper maintenance or storage

5) Operations authorized by you or any mis-judgment in operations

6) Your failure to follow to the product usage documentation or recommendations provided by Huawei Cloud

7) Service suspension or termination due to the customer's breach of service clauses (such as arrears)

8) Service function or performance exceptions due to the exceeded quota limit of KooPhone

9) Any force majeure event

3. Service Availability

Formula for Service Availability Rate in each Service Cycle:

Service Availability Rate in each Service Cycle = (Total Time of Service Duration – Service Unavailable Duration) / Total Time of Service Duration x 100%

Service Availability Rate Commitment:

Huawei Cloud will make all commercially viable and technically feasible efforts to ensure that the Service Availability Rate of KooPhone per Service Cycle is not less than 99.95%.

4. Service Credit

If KooPhone fails to meet the preceding commitment, Huawei Cloud will provide you service credit as shown in the following table.

Service Availability

Service Credit

99% ≤ Service Availability Rate < 99.95%

3% of Monthly Service Fee

Service Availability Rate < 99%

5% of Monthly Service Fee

Last updated: August 22, 2024