In order to use the Tencent Cloud Business Intelligence (BI) services (the “Service”), you should read and comply with this Tencent Cloud BI 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, level indicators of the Service availability, compensation plan and release 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 Tencent Cloud BI Service (excluding free trial period)
Tencent Cloud BI Service refers to the Business Intelligence service provided by Tencent Cloud, which offers self-service data preparation, enterprise-level governance, and report presentation capabilities, aiming to help you quickly integrate massive data and provide agile, user-friendly, and efficient data visualization analysis. For details, please refer to the Service you purchase, and the contents of the Service provided by Tencent Cloud.
1.2 Service Month(s)
Service Month(s) means the calendar month(s) within the term of the Service purchased by you. For example, if you purchase the Service for a term of three months starting from March 17, there will be four (4) Service Months (the first Service Month from March 17 to March 31, the second from April 1 to April 30, the third from May 1 to May 31, and the fourth from June 1 to June 16). The availability of the Service will be calculated separately for each Service Month.
1.3 Service Unavailability
If within any given minute, all of your consecutive attempts to establish access or connection with the designated Tencent Cloud BI instance fail due to reasons attributable to Tencent Cloud, such that you are unable to use the Tencent Cloud BI Service at all, that minute shall be deemed as a period of service unavailability. If you can partially use the Service or some features are successful during that minute, it will be considered as available and will not count as unavailable minutes, Exceptions specified in Clause 4 (Release of Liabilities) of this Agreement shall not be counted.
1.4 Unavailable Minutes in a Service Month
The sum of all periods of unavailability during a given Service Month constitutes the total number of Unavailable Minutes for that Service Month.
1.5 Total Minutes of Service in a Service Month
Total Minutes of Service in a Service Month= the total number of days of the Service Month x 24 (hours) x 60 minutes
2. Service Availability
2.1 Calculation of Service Availability
Service Availability = (Total Minutes of Service in Service Month – Unavailable Minutes in a Service Month) / Total Minutes of Service in Service Month × 100%
2.2 Service Availability Standard
Tencent Cloud provides two versions of the Tencent Cloud BI Service: Basic and Professional. The Service Availability of both Basic and Professional versions is no less than 99.90%. If the Service Availability falls below this standard (excluding Release of Liabilities circumstances), you will be entitled to compensation in accordance with Clause 3 of this Agreement.
3. Compensation Plan
In respect of this Service, if the Service Availability is below 99.90%, you will be entitled to compensations in accordance with the following terms:
3.1 Standards of Compensation
(1) Compensations will be made in the form of voucher issued by Tencent Cloud, and you should follow the rules for using the voucher (including the valid term; for details, please refer to the rules of vouchers published on Tencent Cloud’s official website). You cannot redeem such voucher for cash or request to issue an invoice for such voucher. Such voucher can only be used to purchase the Service by using your Tencent Cloud account. 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 in a Service Month fails to meet the above-mentioned Service Availability standard, the amount of compensation will be calculated for such month independently, and the aggregate amount shall be no more than the applicable Monthly Service Fee paid by you for such month(excluding the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted).
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≥ 99% and < 99.90% | 10% of the Monthly Service Fee |
≥ 95% and < 99% | 20% of the Monthly Service Fee |
< 95% | 100% of the Monthly Service Fee |
3.2 Time Limit for Compensation Application
(1) If the Service Availability in a Service Month fails to meet the above-mentioned Service Availability standard, you may apply for compensation through (and 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 will prevail.
(2) You should apply for such compensation no later than sixty (60) calendar days following the expiry of the applicable Service Month in which the Service Availability fails to meet the 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 Required materials for Compensation Application
If you think the Service Availability in a Service Month fails to meet the above-mentioned Service Availability standard, you may apply for compensation within the above-mentioned Time Limit. Tencent Cloud may require you to provide the following materials, which you will need to provide:
(1) A detailed incident report;
(2) Detailed information on the Service Unavailability including but not limited to the date, time and duration;
(3) Other information that Tencent Cloud may reasonably ask you to provide.
4. Release of Liabilities
If the Service is unavailable due to any of the following reasons, the corresponding service unavailability shall not be counted as Service Unavailability time, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you:
4.1 maintenance operations by Tencent Cloud, such as system cutovers, repairs, upgrades, or fault simulation drills;
4.2 unavailability caused by failure or adjustment of networks/equipment outside Tencent Cloud’s control;
4.3 unavailability resulting from your application programming interface (API) or data being attacked by hackers or subject to other malpractice;
4.4 unavailability caused by improper maintenance, failure to safeguard data, passwords, credentials, etc., leading to loss or leakage;
4.5 unavailability caused by your negligence, misoperation or actions authorized by you, by your own equipment or third-party software or equipment;
4.6 unavailability caused by your failure to follow Tencent Cloud product documentation or guidelines;
4.7 failure to open reports, load data, or deliver reports caused by your use of the Service exceeding the limits specified under the current paid subscription plan;
4.8 unavailability or service performance not meeting standards due to reasons not attributable to Tencent Cloud;
4.9 any situation where Tencent Cloud is released from liability or compensation as described in applicable laws and regulations, relevant agreements, or rules published by Tencent Cloud.
5. Miscellaneous
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 in default.
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.