Penetration Test Service Level Agreement
In order to use the Penetration Test Service (the “Service”), you shall read and comply with this Penetration Test Service Level Agreement (this “Agreement”, or this “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains, among others, the terms and definitions of the Service, Service Availability, compensation plan and disclaimer of liabilities. Please carefully read and fully understand each and every provision hereof, and the provisions restricting or releasing certain liabilities, or otherwise related to your material rights and interests, are in bold font or underlined or otherwise brought to your special attention.
Please do not purchase the Service unless and until you have fully read, and completely understood and accepted all the terms hereof. By clicking “Agree”/ “Next”, or by purchasing or using the Service, or by otherwise accepting this Agreement, whether express or implied, you are deemed to have read, and agreed to be bound by, this Agreement. This Agreement shall then have legal effect on both you and Tencent Cloud, constituting a binding legal document on both parties.
1. Terms and Definitions
1.1 Penetration Test
Refers to a black-box security test method for binary programs on WEB, applets, mobile APP and PC platform, and their back-end servers and associated resources, which conducts security test on the target applications by the means of platforms, tools and human services to discover potential security risks and vulnerabilities.
1.2 Penetration Test Service
Penetration Test Service provided by the Tencent Cloud refers to the penetration test service provided by the Tencent Cloud. You may choose the corresponding service according to your needs. The specific content of the Service is subject to the service you have purchased and the service provided by Tencent Cloud.
1.3 Validity Period of the Service
Validity Period of the Service refers to the validity period of the Service agreed in the contract (for customers who initiate online orders, the formal contract is signed after the needs of both parties have been confirmed).
1.4 Validity Timeout of the Service
Validity Timeout of the Service means that the Service fails to be completed within the time agreed in the contract.
1.5 Service Response Time
Service Response Time refers to the interval between the time you initiate a specified service request by phone or WeChat, and the time the Penetration Test Service team provides you with the expert service implementation plan and schedule by phone or WeChat.
The formula is: Service Response Time = the time the service team responds – the time the user initiates demand
1.6 Service Response Timeout
Service Response Timeout means that the response is not made within the Service Response Time of the specified service.
1.7 Service Availability
Service Availability means that the Service Response Time should meet the Service Response Standard during the Validity Period of the Service.
2. Service Availability
2.1 Service Response Standard
|Content of the Service||Service Response Time|
|Penetration Test Service||Respond within 8 hours (10:00 - 12:00, 14:00 - 17:00 during legal working days)The test report shall be submitted within 5 working days after the Service is completed.|
If the above Service Response Standard is not met (except the cases in the Disclaimer of Liabilities clause), you may be compensated in accordance with Section 3 of this Agreement.
3. Compensation Plan
In respect of the Service, if the Service Availability fails to meet the Standard, you will be entitled to compensations in accordance with the following clauses:
3.1 Standards of Compensation
(1) Compensations will be made in the form of voucher by Tencent Cloud, and you should use the voucher by abiding the voucher usage rules (including usage period, etc., subject to the voucher usage rules published on Tencent Cloud official website). Such voucher cannot be converted into cash, and no invoice will be issued with respect thereof. The voucher may only be used to purchase the Service by using your Tencent Cloud account, and you cannot use the voucher to purchase other services of Tencent Cloud, nor should you give the voucher to a third party for consideration or for free.
(2) If the Service Availability fails to meet the standard under this agreement, or the Validity Timeout of the Service or Service Response Timeout occurs, the compensation shall be made on a pro rata basis (the Service Fee referred to herein shall be the cash you have actually paid, excluding the portion deducted by vouchers, coupons, service fee reduction or exemption, etc.).
|Service Availability||Value of Compensational Voucher|
|Validity Timeout of the Service||10% of the Service Fee|
|Service Response Timeout||30% of the Service Fee|
3.2 Time Limit for Compensation Application
(1) If the Service Availability in a Service Month fails to meet the Service Availability standard, you may apply for compensation only through the support ticket system under your relevant account after the fifth (5th) business day of the month immediately following such Service Month. Tencent Cloud will verify and ascertain your application upon receipt of such application. If there is any dispute over the calculation of the Service Availability for a Service Month, both parties agree that the back-end record of Tencent Cloud shall prevail.
(2) You shall apply for compensation no later than the sixtieth (60th) calendar day following the end of the applicable Service Month in which the Service Availability fails to meet the abovementioned standard. If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against Tencent Cloud, in which case Tencent Cloud has the right to reject your application for compensation and not to make any compensation to you.
3.3 Application Materials for Compensation
If you believe that the Service fails to meet the Service Availability Standard, you may apply for compensation within the period of time as stipulated under this SLA. If necessary, Tencent Cloud may require you to provide the following relevant information:
(1) a detailed description of the incident, including the specific date, time, duration and other details related to the Service Unavailability;
(2) other information Tencent Cloud reasonably requires you to provide.
4. Disclaimer of Liabilities
If the Service is unavailable due to any of the following reasons, the corresponding Service Downtime shall not be counted towards Service Unavailability period, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you:
4.1 The Service Response Timeout caused by system maintenance after Tencent Cloud’s advance notice to you, including but not limited to cutover, repair, upgrade and simulated failure drills.
4.2 Your service application lacks relevant key information, including your primary contact information such as phone number, email address and address.
4.3 The service timeout occurs for the reason that the engineer fails to contact you within the valid time due to your fault after your service request is initiated.
4.4 The Service Response Timeout caused by your failure to follow the service process of Tencent Cloud products.
4.5 You understand that Tencent Cloud cannot guarantee that the Services it provides are flawless (for example, Tencent Cloud security products cannot guarantee the absolute security of your hardware or software), but Tencent Cloud promises to continuously improve service quality and service level. Therefore, you agree that even if there are defects in the service provided by Tencent Cloud, the abovementioned defects are unavoidable due to the technical level of the industry at that time and will not be regarded as a breach of contract by Tencent Cloud. You agree to cooperate with Tencent Cloud to solve the abovementioned defects.
4.6 You understand and agree that, due to the complexity of computer systems and the special nature of the Internet, the risk of system downtime, business interruption and data loss may occur in the course of providing Penetration Test Service, and you clearly know and accept the risk and should be prepared in advance. Tencent Cloud is not responsible for the consequences and losses of system downtime, business interruption and data loss arising from Penetration Test Service.
4.7 The Service is unavailable or fails to meet the standard due to the act of you or your end users, which poses a security threat to the Service provided by Tencent Cloud, or is fraudulent or illegal.
4.8 The Service is unavailable or fails to meet the standard due to your failure to use the products in accordance with the specification required by Tencent Cloud, or your failure to use Tencent Cloud products in accordance with regulations or in violation of the law.
4.9 The Service is unavailable or fails to meet the standard due to your non-payment or delay in payment.
4.10 The Service is unavailable or fails to meet the standard due to a severe malfunction of a network operator.
4.11 The Service is unavailable or fails to meet the standard due to the maintenance or upgrade of any network, hardware or service (Tencent Cloud will notify you in advance of the schedule of maintenance in accordance with reasonable business principles).
4.12 The Service is unavailable or fails to meet the standard due to any event of force majeure.
4.13 The Service is unavailable or fails to meet the standard for the reason that a vulnerability fix plan has been provided in the Service, but the vulnerability is not addressed by you or your end user in a timely manner.
4.14 The Service is unavailable or fails to meet the service standard due to your or your end-user's irregularities or misconduct when handling the event.
4.15 If the service request fails, the service is suspended or terminated due to your violation of the Tencent Cloud Service Agreement, the service terms and usage rules of the Service, the terms of Tencent Cloud products, etc.
4.16 Any other circumstances in which Tencent Cloud will be exempted or disclaimed from its liabilities for compensation or otherwise according to relevant laws, regulations, agreements or rules, or any relevant rules or guidelines published by Tencent Cloud separately.
4.17 The Service is unavailable or fail to meet the service standard due to any reason not attributable to Tencent Cloud.
5.1 The parties hereto acknowledge and agree that, for any losses incurred by you during the course of using the Service due to any breach by Tencent Cloud, the aggregate compensation amount payable by Tencent Cloud shall under no circumstance exceed the total Service Fees you have paid for the relevant Service which is not performed.If you have used the Service for more than 12 months, the maximum liabilities for compensation of Tencent Cloud shall not exceed the total amount of Service Fees that you have paid to Tencent Cloud for the Service in the 12 months prior to the occurrence of the damage (for the avoidance of doubt, the Service Fees refer to the cash you have actually paid for the Service,excluding vouchers and the fees you have prepaid but not actually consumed).
5.2 Tencent Cloud has the right to amend the terms of this Agreement as appropriate or necessary in light of changes in due course. You may review the most updated version of relevant Agreement terms on the official website of Tencent Cloud. If you disagree with such revisions made by Tencent Cloud to this Agreement, you have the right to cease using the Service; by continuing to use the Service, you shall be deemed to have accepted the Agreement as amended.
5.3 As an ancillary agreement to the Tencent Cloud Service Agreement, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement. In respect of any matter not agreed herein, you shall comply with relevant terms under the Tencent Cloud Service Agreement. In case of any conflict or discrepancy between this Agreement and the Tencent Cloud Service Agreement, this Agreement prevails to the extent of such conflict or discrepancy. (End of Document)