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.
Message & SMS Service (MSGSMS) Service Specific Terms
1. Definition
Service Cycle: If you apply for the Service for the first time and establish an SMS application, the first Service Cycle starts from the date when the application is enabled and ends at the end of the corresponding month. Subsequently, each calendar month is a Service Cycle.
Monthly Service Fee: Total service fees you paid for the Service in a Service Cycle.
Number of Valid SMSs: Number of the split SMSs that are successfully sent to Valid Numbers. If an SMS exceeds the length limit, the Huawei Cloud platform splits the SMS into multiple short messages.
Clear Failure: The valid numbers you submitted were not delivered to the downstream carriers or corresponding service providers due to a Huawei Cloud platform problem.
Valid Number: Numbers you submit that can be used, excluding:
1) Numbers whose carrier IDs are abnormal, such as empty numbers and suspended numbers;
2) Terminal numbers that cannot receive SMSs due to user behavior or other reasons, including numbers that are in arrears or out of service, belong to switched-off phones or phones with full storage space, do not subscribe to or unsubscribe from the SMS service, are with unstable network signals, and are blocked from receiving calls or messages;
3) Blocklisted numbers of Message & SMS or carriers.
2. Disclaimers
This SLA does not apply to any performance or availability issues caused by the following:
1) Your faults or other reasons;
2) Hackers or malicious attacks on your applications or platforms;
3) Data (including passwords and keys) leakage/loss due to your improper maintenance. Related consequences include SMS bombing;
4) Your failure to comply with the product usage documentation or recommendations provided by Huawei Cloud Message & SMS;
5) Your negligence or operations authorized by you;
6) Your violations against the platform rules of the Service;
7) Your failure to notify Huawei Cloud of your major service changes or high-concurrency requirements in advance;
8) Your service that is regarded as harassment by mobile phone users;
9) Your use of the Service free of charge in some ways, such as using test coupons;
10) Control or requirements of communication management organizations and carriers in the destination country or region;
11) Illegal content or serious complaints;
12) Events caused by major accidents or faults of relevant Internet service providers;
13) Planned system maintenance that Huawei Cloud has notified you of in advance, such as cutovers, maintenance, upgrades, or fault simulations;
14) Major events or promotions that Huawei Cloud has notified you of in advance;
15) Non-Huawei Cloud network failures, device faults, or configuration changes, including device, software, and/or technical issues caused by you or any third party (not directly managed by Huawei);
16) Other non-Huawei Cloud issues;
17) Situations that Huawei Cloud can be exempted from liability or compensation as described in relevant laws and regulations, agreements, rules, or rules and descriptions released by Huawei Cloud;
18) Force majeure, accidents or events beyond our reasonable control, including earthquakes, epidemics, interruption of submarine communication cables, telecom infrastructure or system faults, and natural disasters.
3. Service Availability
Service Availability Rate in each Service Cycle calculation formula:
Service Availability Rate in each Service Cycle = (Number of Valid SMSs in the Service Cycle – Number of Clear Failures in the Service Cycle)/Number of Valid SMSs in the Service Cycle x 100%.
Service Availability commitment:
Huawei Cloud will make commercially and technically reasonable efforts to ensure that the Service Availability Rate of Message & SMS per Service Cycle is not less than 95%. In the event of specific agreements, the agreed Service Availability Rate shall prevail.
4. Service Credit
If we fail to meet these commitments, Huawei Cloud will provide you with the service credit described below:
|
Service Availability Rate |
Service Credit |
|
90% ≤ Service Availability Rate < 95% |
10% of Monthly Service Fee |
|
Service Availability Rate < 90% |
30% of Monthly Service Fee |
Last Updated: January 15, 2024