DNSPod Service Level Agreement (SLA)
To use Tencent Cloud’s DNSPod (DNS resolution) service (the “Service(s)”), you shall read and comply with this DNSPod Service Level Agreement (the “Agreement” or the “SLA”) and the Tencent Cloud Terms of Service. This Agreement contains the terms and definitions of the Services, service availability/service success rate level indicators, liability, disclaimers, and other relevant content. Please read and fully understand the terms and conditions of this Agreement. Limitations, disclaimers, and other terms involving your material rights and interests may be in bold, underlined, etc. for your attention.
Please do not purchase or use the Services unless you have thoroughly read, fully understood, and accepted all the terms of this Agreement. By clicking “Agree” or “Next”, or purchasing or using the Services, or accepting this Agreement in any other explicit or implied manner, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall have legal effect between you and Tencent Cloud and shall become a legally binding document for both parties.
1. TERMS AND DEFINITIONS
1.1 DNS Resolution Service Provided by Tencent Cloud
“DNS Resolution Service” refers to the services provided by Tencent Cloud relating to intelligent resolution, precise scheduling and security protection of domain name, details of which are as announced and publicized by Tencent Cloud from time to time on the Tencent Cloud International website.
1.2 Service Month
“Service Month” refers to each calendar month in the service term of the Services you purchase. By way of example, if you purchase the Services for the length of three months, and the date of service commencement is March 17, the total service term shall comprise 4 Service Months altogether, of which the first Service Month shall be March 17 to March 31, the second Service Month shall be April 1 to April 30, the third Service Month shall be May 1 to May 31, and the fourth Service Month shall be June 1 to June 16. Service availability will be accounted separately for each Service Month.
1.3 Service Unavailability Time
“Service Unavailability Time” refers to the continuous time period that the DNS Resolution Service is unavailable beyond a certain minimum baseline time period (different minimum baseline time periods apply to different packages). Unavailability shorter than the said minimum period does not constitute Service Unavailability.
Unavailability below 5 minutes shall not constitute Service Unavailability.
1.4 Service Unavailability
It is considered “Service Unavailability” if the DNS Resolution Service is interrupted due to equipment problems, server room problems, product function problems or improper operation of the DNS server.
2. SERVICE AVAILABILITY
2.1 Calculation of Service Success Rate
Service Availability = (1 – (Service Unavailability Time within the Service Month / total time in the Service Month)) * 100%
For example, if our promised Service Availability is 99.9%, then the service availability time of the user enterprise basic package in June shall be 30 (days) × 24 (hours) × 60 (minutes) × 99.9% = 43156.8 minutes, that is, there is a Service Unavailability Time of 43200-43156.8 = 43.2 minutes.
Note: “Failure Time” refers to the time between the start of the failure of the Services and the resumption of the Services. Failure Time is counted in units of minutes, and the part of less than 1 minute is counted as 1 minute. For example, if the Failure Time is 11 minutes and 1 second, it shall be counted as 12 minutes. The compensation is only payable to users who have purchased the DNS Resolution Service plan and have incurred fees.
2.2 Service Indicator Standard
Four plans are provided for under the DNS Resolution Service: Free, Professional, Enterprise and Ultimate, among which the Professional plan promises Service Availability of not less than 99.90%, the Enterprise plan promises Service Availability of not less than 99.99%, and the Ultimate plan promises Service Availability of not less than 100%.
If the actual Service Availability is lower than the abovementioned availability standard (the “Service Availability Standard”) (excluding cases covered by disclaimers), you shall be entitled to service credits in accordance with Paragraph 3 of this Agreement.
3. SERVICE CREDITS
If Service Availability is lower than the Service Availability Standard, service credits shall be provided on the following terms:
3.1 Criteria for Claiming Service Credits
(1) Service credits will be provided in the form of vouchers issued by Tencent Cloud, and you must comply with vouchers usage rules (including usage period, etc., subject to the voucher-related rules published on the website of Tencent Cloud). The vouchers issued cannot be exchanged for cash and no invoices will be issued in respect of the vouchers. Such vouchers can only be used to purchase the Services (and not other services provided by Tencent Cloud) through your corresponding cloud account. The vouchers cannot be transferred or gifted, etc.
(2) If the Service Availability Standard in this Agreement is not met in a Service Month, the service credits will be calculated separately according to the corresponding Service Month, and the total amount of service credit fees shall not exceed the corresponding Monthly Service Fee paid by you for the Services for that respective month (the “Monthly Service Fee”, such Monthly Service Fee to exclude non-cash fees offset by vouchers, service fee deductions, etc.).
3.2 Time Limit for Claims
(1) If the Service Availability Standard is not met in a Service Month, you may claim for service credits only through the work order system of your corresponding account after the fifth (5th) business day of the month following the end of the corresponding Service Month in which the Service Availability Standard is not met. Tencent Cloud will conduct verification after you have filed the claim. In case of a dispute between the parties regarding the calculation of the Service Availability in the Service Month, both parties agree that Tencent Cloud’s backend records shall ultimately prevail.
(2) The latest deadline for you to file a claim for service credits shall not exceed sixty (60) calendar days after the end of the corresponding Service Month that the Service Availability Standard is not met. If you fail to file a claim within the aforesaid period, or file a claim in a manner other than that agreed in this Agreement, it shall be deemed that you have automatically waived your right to demand claim for service level credits and any other claims against Tencent Cloud, and Tencent Cloud reserves the right to decline your claims and shall not be liable for any service credits, other compensation or indemnification to you.
For Service Unavailability caused by the following reasons, the corresponding Service Unavailability Time does not fall within the scope of Service Unavailability calculation and Tencent Cloud’s compensation, and Tencent Cloud shall not be responsible for you:
4.1 Service Unavailability Time due to daily system maintenance and unavailability of recursive servers on which the DNS Resolution Service depends.
4.2 Service Unavailability Time due to user reason, third party reason or force majeure.
4.3 Service Unavailability Time due to blocking of domain names due to illegal operations or other reasons.
4.4 Service Unavailability Time due to resolution disruptions due to DNS attacks on the site that exceed the protection promised by the plan.
4.5 Service Unavailability Time due to self-switching NS Server.
4.6 Service Unavailability Time due to the waiting period for the user to modify the resolution (the maximum global waiting period is 72 hours).
4.7 Service Unavailability Time due to network, device failure or configuration adjustments other than cloud devices.
5.1 The parties acknowledge and hereby agree that under no circumstances shall Tencent Cloud’s compensation liability for breach of contract in aggregate exceed the corresponding service fees you have paid for the defaulted Service if you suffer damages due to Tencent Cloud’s breach of contract during your use of the Services.
5.2 Tencent Cloud reserves the right to modify this Agreement when it considers appropriate or necessary. You can refer to the relevant content in the latest version on the website of Tencent Cloud. If you do not agree with Tencent Cloud’s modification to this Agreement, you have the right to stop using the Services. If you continue to use the Services, you shall be deemed to have accepted the modified Agreement.
5.3 This Agreement, is incorporated as part of the Tencent Cloud Terms of Service and shall have the same legal effect as Tencent Cloud Terms of Service. You shall comply with the provisions in Tencent Cloud Terms of Service for matters not specified in this Agreement. In the event of a conflict or inconsistency between the terms of this Agreement and Tencent Terms of Service, this Agreement shall prevail, but only to the extent of such conflict or inconsistency.
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