<p class="p"><strong class="ph b"> EBS Service Level Agreement (SLA)</strong></p> <p class="p">The <em class="ph i">EBS Service Level Agreement</em> is a valid agreement (hereinafter referred to as “the Service Agreement”) entered into between Shenzhen Ping An Communication Technology Co., Ltd. (hereinafter referred to as “Ping An Cloud”) and you (hereinafter referred to as “the user”) on matters related to the EBS provided by Ping An Cloud. When you choose to accept the Service Agreement by affixing a seal to it, clicking “confirm” on the webpage, or in other ways, including but not limited to actually using the EBS without clicking to confirm the Service Agreement, you indicate that you have concluded the Service Agreement with Ping An Cloud and agreed to accept all the provisions included herein. If there is any conflict between the texts stamped by both parties and the texts confirmed by clicking on the webpage or accepted by other means, the texts stamped by both parties shall prevail. When ordering the EBS on the official website of Ping An Cloud (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the order of the EBS purchased as well as the Ping An Cloud Products and Services Usage Agreement. The order is a valid part of the Service Agreement. The Service Agreement, the order, and the Ping An Cloud Products and Services Usage Agreement constitute the legal document that together binds Ping An Cloud and you. </p> <p class="p">Unless otherwise defined in the Service Agreement, the following terms in the Service Agreement shall have the meanings set forth below: </p> <p class="p">Ping An Cloud website refers to the official website of Ping An Cloud. Its domain name is https://pinganyun.com.</p> <p class="p">Ping An Cloud refers to Shenzhen Ping An Communication Technology Co., Ltd., namely the provider of Ping An Cloud products and/or services (including the EBS in the Service Agreement).</p> <p class="p">Ping An Cloud products and services refer to the products and services displayed and provided for users on the website of Ping An Cloud. </p> <p class="p"><strong class="ph b">1. Service Content</strong></p> <p class="p">EBS provides highly available, highly reliable, low-cost, and customizable block storage services for ECS instances, and can be used as an independent scalable disk of the ECS. You can easily purchase, adjust, and manage your EBS device through the console. </p> <p class="p"><strong class="ph b">2. Service Mode</strong></p> <p class="p">There are two billing modes, namely monthly subscription and pay-per-use. Service fees will be listed on your order page. You can choose the specific service type and make payment according to the listed price.</p> <p class="p"><strong class="ph b">3. Service Cycle</strong></p> <p class="p">A service cycle is a natural month. </p> <p class="p"><strong class="ph b"><strong class="ph b">4</strong></strong><strong class="ph b">. Service Standard </strong></p> <p class="p"><strong class="ph b">4.1 Data Durability</strong></p> <p class="p">Data durability of an EBS disk is no less than 99.999999%, which is calculated by the service cycle. A service cycle is a natural month. If it is less than one month, it is not counted as a service cycle.</p> <p class="p"><strong class="ph b">4.2 Data Destructibility</strong></p> <p class="p">(1) When the user voluntarily deletes data or needs to destroy data upon the expiration of services, Ping An Cloud will clear the disk and stored data, and the data cleared cannot be restored. </p> <p class="p">(2) Before a device used in the ECS is discarded, outsourced for maintenance or resold, Ping An Cloud will degauss its physical disks. The entire degaussing process will be monitored by a camera and relevant records will be saved permanently. Ping An Cloud regularly audits the disk erasing records and video evidence to meet the security compliance requirements.</p> <p class="p"><strong class="ph b">4.3</strong> <strong class="ph b">Data Portability</strong></p> <p class="p">When the user starts the cloud host, Ping An Cloud products provide image replication and snapshot recovery to facilitate the user to quickly deploy the environment and import data. When the user stops using the cloud host, data can be exported by the user through the network in advance.</p> <p class="p"><strong class="ph b">4.4 Data Privacy</strong></p> <p class="p">Ping An Cloud products use encryption and security group isolation to ensure that user data in the same resource pool is invisible to each other. Security groups isolate resources of different users via a series of data link layers and network access control technologies. </p> <p class="p"><strong class="ph b">4.5 Service Change and Termination</strong></p> <p class="p"><strong class="ph b">4.5.1 Service Change</strong></p> <p class="p">Both parties can demand to change the Service Agreement. If the change request is put forward by the user, it shall be submitted to Shenzhen Ping An Communication Technology Co., Ltd. in written form and explain contents to be changed and reasons for change. If the change demand is proposed by Shenzhen Ping An Communication Technology Co., Ltd., the company shall submit the request to the representatives of the user in written form and explain contents to be changed and reasons for change.</p> <p class="p">When one party receives an agreement change request from the other party, the representatives of both parties shall arrange time for negotiation on the content of the agreement change within 5 working days, while the agreement change shall be approved by both parties, and the new version shall come into force after being signed by both parties.</p> <p class="p"><strong class="ph b">4.5.2 Service Termination</strong></p> <p class="p">Articles of the Service Agreement shall come into force as of the date of being signed by both parties and be terminated (unless terminated in advance) upon the fulfillment of all the obligations (including the warranty obligation) of both parties. The articles hereof may be terminated upon a written notice by one party in the following cases:</p> <p class="p">When one party commits a material breach of any of its obligations under the Agreement and fails to remedy the breach within thirty (30) days after the other party has given a written notice specifying the breach, the non-breaching party has the right to terminate the articles hereof upon such written notice.</p> <p class="p">Except in cases prohibited by the applicable bankruptcy law, if any party, for the benefit of creditors, has been assigned a recipient or an asset assignee, or becomes insolvent or unable to pay off matured liabilities, the other party has the right to terminate the Agreement by sending a written notice.</p> <p class="p"><strong class="ph b"><strong class="ph b">5</strong></strong><strong class="ph b">. Service Availability and Commitment</strong> </p> <p class="p"><strong class="ph b"><strong class="ph b">5.1</strong></strong><strong class="ph b"> Service Availability Calculation Formula</strong> </p> <p class="p">Calculate the availability rate of the EBS of the user in the life cycle by month. The calculation formula: Availability rate = ((life cycle time-unavailable time) / life cycle time) * 100%</p> <p class="p">Examples: </p> <p class="p">(1) The life cycle equals to the duration of the natural month</p> <p class="p">For example, the life cycle of the EBS purchased by the user is 30 days, and the unavailable time for the user is 20 minutes during the 30 days. Then, </p> <p class="p">the availability rate = (30 days × 24 hours × 60 minutes -20 minutes) / (30 days × 24 hours × 60 minutes) * 100% = 43180/43200 * 100% = 99.954%</p> <p class="p">If the time for service failure to restore to normal status is less than 5 minutes, it is not included in the calculation of service unavailability. The unavailable time refers to the time from the beginning of service failure to the restoration of normal use.</p> <p class="p">1) EBS availability is calculated by the service cycle. A service cycle is a natural month. If it is less than one month, it will not be counted as a service cycle;</p> <p class="p">2) Unavailable time: The unavailable time of the EBS does not include the unavailable time of planned maintenance or downtime that has been notified to the user and the unavailable time caused by user reasons, third-party reasons, or force majeure factors.</p> <p class="p"><strong class="ph b"><strong class="ph b">5.2</strong></strong><strong class="ph b"> Service Availability Commitment</strong> </p> <p class="p">The EBS service availability is no less than 99.95%.</p> <p class="p"><strong class="ph b">5.3 Exceptions </strong></p> <p class="p">(1) Caused by system maintenance after pre-notification, including cutover, repair, upgrade, and simulated failure drills;</p> <p class="p">(2) Caused by failure or configuration adjustment of network and devices not belong to Ping An Cloud;</p> <p class="p">(3) Caused by the hacker attack on the customer’s applications;</p> <p class="p">(4) Caused by the loss or leakage of data, command, or password due to the customer’s improper maintenance or confidentiality; </p> <p class="p">(5) Caused by the customer’s negligence or authorized operations;</p> <p class="p">(6) Caused by the customer’s failure to follow the usage documents or suggestions of Ping An Cloud products;</p> <p class="p">(7) Due to EBS errors caused by software installed by the customer or other third-party software configurations; </p> <p class="p">(8) Caused by EBS service suspension or release because of overdue payment; </p> <p class="p">(9) Force majeure factors; </p> <p class="p">(10) Other reasons not caused by Ping An Cloud.</p> <p class="p"><strong class="ph b">6.</strong> <strong class="ph b">Compensation Scheme</strong></p> <p class="p"><strong class="ph b">6.1</strong> <strong class="ph b">Compensation Scope</strong></p> <p class="p">If the EBS purchased by the user is unavailable or seriously fails due to device failures, design flaws, or improper operations of Ping An Cloud, Ping An Cloud will make appropriate compensation for the unavailable time (excluding the expenses deducted by vouchers), which excludes the unavailable time in the above exceptions.</p> <p class="p"><strong class="ph b">6.2</strong> <strong class="ph b">Compensation Scheme</strong></p> <table class="table" id="aggrement__table_vfq_pfq_tlb"><caption></caption><colgroup><col><col></colgroup><thead class="thead"> <tr class="row"> <th class="entry" id="aggrement__table_vfq_pfq_tlb__entry__1">Percentage of monthly available time </th> <th class="entry" id="aggrement__table_vfq_pfq_tlb__entry__2">Compensation ratio (monthly operation and maintenance service costs)</th> </tr> </thead><tbody class="tbody"> <tr class="row"> <td class="entry" headers="aggrement__table_vfq_pfq_tlb__entry__1 "> <p class="p">Less than 99.95%, but more than 99.90% (including 99.90%) </p> </td> <td class="entry" headers="aggrement__table_vfq_pfq_tlb__entry__2 "> <p class="p">15%</p> </td> </tr> <tr class="row"> <td class="entry" headers="aggrement__table_vfq_pfq_tlb__entry__1 "> <p class="p">Less than 99.90%</p> </td> <td class="entry" headers="aggrement__table_vfq_pfq_tlb__entry__2 "> <p class="p">35%</p> </td> </tr> </tbody></table> <p class="p"><strong class="ph b">6.3</strong> <strong class="ph b">Time Limit for Compensation Claim </strong></p> <p class="p">After the fifth working day of each month, the customer can claim compensation for the services that did not reach the availability in the previous month. <strong class="ph b">The compensation claim must be filed within two (2) months after the end of the month in which the availability commitment of the EBS of Ping An Cloud was not met. Any compensation claim beyond the time limit shall not be accepted. </strong></p> <p class="p"><strong class="ph b">7. Miscellaneous</strong></p> <p class="p">Ping An Cloud shall have the right to modify articles of the SLA. If there is any change to the articles of the SLA, Ping An Cloud will notify you 30 days in advance by publishing it on the website or sending you an email. If you do not agree with the changes to the SLA made by Ping An Cloud, you have the right to stop using relevant services. If you continue to use relevant services, it shall be deemed that you accept the modified SLA.</p>