<p class="shortdesc"></p> <p class="p">SMS Service Level Agreement (SLA)</p> <p class="p">SMS Service Level Agreement is an effective agreement (hereinafter referred to as "the Service Agreement") entered into by and between Shenzhen Ping An Communication Technology Co., Ltd. (hereinafter referred to as "Ping An Cloud") and you (hereinafter referred to as "the User") concerning the Ping An Cloud SMS related matters. By affixing a seal, clicking "confirm" on web pages, or accepting the Service Agreement in other ways including but not limited to actually using the SMS without clicking to confirm the Service Agreement, it is deemed that that you have agreed with Ping An Cloud and accepted all provisions contained herein. In the event of any inconsistency between the text sealed by the two parties and the text of the Service Agreement accepted by clicking "confirm" on web pages of Ping An Cloud or in other ways, the text sealed by the two parties shall prevail. When ordering SMS through Ping An Cloud's official website (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the SMS order you purchased as well as the Ping An Cloud Products and Services Usage Agreement. The order is an effective part of the Service Agreement. The Service Agreement, the order and the Ping An Cloud Products and Services Usage Agreement constitute a legal document that binds Ping An Cloud and you together.</p> <p class="p">Unless otherwise defined in this Service Agreement, the following terms shall have the meanings set forth below:</p> <p class="p">Ping An Cloud website: The official website of Ping An Cloud with the domain name of https://pinganyun.com.</p> <p class="p">Ping An Cloud refers to Shenzhen Ping An Communication Technology Co., Ltd., namely provider of Ping An Cloud products and/or services (including SMS prescribed in the Service Agreement).</p> <p class="p">Ping An Cloud products and services refer to the products and services demonstrated to and provided to users on the website of Ping An Cloud.</p> <p class="p"><strong class="ph b">1. </strong><strong class="ph b">Service Content</strong></p> <p class="p">Ping An Cloud provides SMS that features short message verification code and short message notification and offers API interfaces and channels for sending short messages and operational supporting services for channels. The specific service types shall be subject to the publicly released service information.</p> <p class="p"><strong class="ph b">2. Service Cycle and Service Fee within the Service Cycle</strong></p> <p class="p"><strong class="ph b">Service cycle</strong>: One service cycle is one natural month. One service cycle starts from the date when the User applies for SMS in the month to the end of the month.</p> <p class="p"><strong class="ph b">Service fee within the service cycle</strong>: It is the total SMS fees consumed by the User within one service cycle excluding fees for the service that is purchased but not consumed.</p> <p class="p"><strong class="ph b">3. </strong><strong class="ph b">Service Guaranteed Indicators</strong></p> <p class="p">3.1 Related Definitions</p> <p class="p"><strong class="ph b">Definite failure</strong>—A short message (such as verification code, industry notification short message, and promotion short message) fails to be sent to a valid mobile phone number.</p> <p class="p"><strong class="ph b">Valid mobile phone number</strong>—It is provided by the User and can be normally used, excluding:</p> <p class="p">(1) Mobile phone numbers that are marked as being not exist or out of service by the ISPs;</p> <p class="p">(2) Mobile phone numbers that cannot normally receive short messages out of the User’s reason including but not limited to in the status of being in arrears, powering off, unable to be connected, not subscribing to SMS, or in unstable network environment;</p> <p class="p">(3) Mobile phone numbers in the blacklist defined by Ping An Cloud or ISPs.</p> <p class="p">3.2 Calculation Formula of Success Rate of Short Messages</p> <div class="p"> <img class="image" id="SLA__image_ow2_yl5_xmb" src="https://obs-cn-shanghai.yun.pingan.com/pcp-portal/20203112140408-12694cca9a69.png"> </div> <p class="p">3.3 Service Indicators</p> <table class="table" id="SLA__table_j4q_rl5_xmb"><caption></caption><colgroup><col><col></colgroup><thead class="thead"> <tr class="row"> <th class="entry" id="SLA__table_j4q_rl5_xmb__entry__1">Indicator type</th> <th class="entry" id="SLA__table_j4q_rl5_xmb__entry__2">Promised indicator</th> </tr> </thead><tbody class="tbody"> <tr class="row"> <td class="entry" headers="SLA__table_j4q_rl5_xmb__entry__1 "> <p class="p">Success rate of short messages</p> </td> <td class="entry" headers="SLA__table_j4q_rl5_xmb__entry__2 "> <p class="p">95%</p> </td> </tr> </tbody></table> <p class="p">3.4 If the short message indicator is lower than the promised indicator, the User can be compensated in accordance with provisions in Section 4 of the Agreement. The compensation scope does not include failures of reaching the promised service indicator caused by the following reasons:</p> <p class="p"><strong class="ph b">(1) System maintenance after pre-notification, including cutover, repair, upgrade and simulated failure drills;</strong></p> <p class="p"><strong class="ph b">(2) Network or equipment failure of the equipment that does not belong to Ping An Cloud or configuration adjustment;</strong></p> <p class="p"><strong class="ph b">(3) Requests sent when the customer’s applications suffer hacker attacks;</strong></p> <p class="p"><strong class="ph b">(4) The loss or leakage of data, passwords, etc. due to improper maintenance or unintentional disclosure of the customer;</strong></p> <p class="p"><strong class="ph b">(5) The negligence of the customer or operations authorized by the customer;</strong></p> <p class="p"><strong class="ph b">(6) The customer’s failure to observe the documentation or usage guidelines for Ping An Cloud products;</strong></p> <p class="p"><strong class="ph b">(7) Major activities or promotions informed via the Ping An Cloud bulletin in advance;</strong></p> <p class="p"><strong class="ph b">(8) User’s violation of platform rules due to signal control, traffic control, or information security control;</strong></p> <p class="p"><strong class="ph b">(9) Control from the Ministry of Industry and Information Technology, communication administrations, or ISPs;</strong></p> <p class="p"><strong class="ph b">(10) Any illegal information about pornography, gambling, drugs, Party, government, army, or fraud;</strong></p> <p class="p"><strong class="ph b">(11) Harassment businesses considered by the terminal receivers;</strong></p> <p class="p"><strong class="ph b">(12) Failure of notifying a demand for high-concurrency of the business, for example millions of short messages/day/account being sent to ordinary users or hundreds of millions of short messages/day/account being sent to channel users;</strong></p> <p class="p"><strong class="ph b">(13) User’s usage of code number expansion, fixation of tail number of the code number, three-in-one code number, fixed code number, designated code number configuration, or non-publicly-released products, features or permissions of Ping An Cloud for trial operation;</strong></p> <p class="p"><strong class="ph b">(14) Other force majeure.</strong></p> <p class="p">3.5 Service Metering Accuracy</p> <p class="p"><strong class="ph b">SMS has an accurate and transparent metering and billing system. Ping An Cloud settles according to the User's actual SMS usage and charges in real time. The specific billing standard is based on the effective billing model and price announced on the Ping An Cloud official website and agreed in the Agreement. By default, User’s original billing logs are saved for a minimum of 3 years for further reference.</strong></p> <p class="p">3.6 Data Auditability</p> <p class="p"><strong class="ph b">As required by existing laws and regulations, or by competent governmental departments for purposes such as supervision, security compliance, audits and forensic investigations, Ping An Cloud is obligated to provide relevant information about the User’ services, including the running logs of key components, and the operation records of maintenance staff and the User, pursuant to required procedures and complete formalities.</strong></p> <p class="p">3.7 Failure Recovery Ability</p> <p class="p"><strong class="ph b">Ping An Cloud offers 24/7 operation and maintenance services for paying Users, and provides technical support in forms of online tickets and fault reporting call. It implements a complete series of fault emergency response mechanisms including fault monitoring, auto-alarming, fast positioning and quick recovery.</strong></p> <p class="p"><strong class="ph b">4. </strong><strong class="ph b">Compensation Scheme</strong></p> <p class="p">4.1 Compensation Standard</p> <p class="p">Ping An Cloud will compensate the User based on the success rate indicator of short messages when the User uses SMS. The following table describes the compensation standard:</p> <table class="table" id="SLA__table_k4q_rl5_xmb"><caption></caption><colgroup><col><col><col></colgroup><thead class="thead"> <tr class="row"> <th class="entry" id="SLA__table_k4q_rl5_xmb__entry__1">Indicator type</th> <th class="entry" id="SLA__table_k4q_rl5_xmb__entry__2">Service indicator</th> <th class="entry" id="SLA__table_k4q_rl5_xmb__entry__3">Voucher amount</th> </tr> </thead><tbody class="tbody"> <tr class="row"> <td class="entry" headers="SLA__table_k4q_rl5_xmb__entry__1 "> <p class="p">Success rate of short messages</p> </td> <td class="entry" headers="SLA__table_k4q_rl5_xmb__entry__2 "> <p class="p">Less than 95% (excluding 95%) but equal to or more than 90%</p> </td> <td class="entry" headers="SLA__table_k4q_rl5_xmb__entry__3 "> <p class="p">10% of the service fee in the service cycle</p> </td> </tr> <tr class="row"> <td class="entry" headers="SLA__table_k4q_rl5_xmb__entry__1 "> <p class="p">Success rate of short messages</p> </td> <td class="entry" headers="SLA__table_k4q_rl5_xmb__entry__2 "> <p class="p">Less than 90%</p> </td> <td class="entry" headers="SLA__table_k4q_rl5_xmb__entry__3 "> <p class="p">30% of the service fee in the service cycle</p> </td> </tr> </tbody></table> <p class="p">4.2 Compensation Claim Deadline</p> <p class="p"><strong class="ph b">The User can claim compensation for the availability commitment not being met within last month after the fifth (5th) working day in each natural month. The compensation claim must be filed within two (2) months after the end of the month in which the availability commitment of SMS was not met. Applications for compensation beyond the application deadline will not be accepted. You can apply for compensation by submitting tickets in the console of Ping An Cloud. Ticket URL: https://pinganyun.com/console/ticket/ticketCreate</strong></p> <p class="p">4.3 Compensation Limit Description</p> <p class="p"><strong class="ph b">Ping An Cloud will provide equivalent vouchers as the compensation fee. The vouchers cannot be cashed out. The total compensation shall not exceed the monthly service fee (excluding the fee deducted with the voucher) paid by the User for the SMS in the month when the service availability commitment is not met.</strong></p> <p class="p"><strong class="ph b">5. </strong><strong class="ph b">Miscellaneous</strong></p> <p class="p"><strong class="ph b">Ping An Cloud shall have right to modify provisions of the SLA. If there is any change in the SLA, Ping An Cloud will publish it on the website or inform you by sending an email. If you do not agree with the modified Service Level Agreement, you have the right to stop using relevant services. If you continue to use relevant services, it is deemed that you accept the modified SLA.</strong></p>