In order to use Oceanus, the Stream Compute service (the “Service”), you should read and comply with this Oceanus Stream Compute 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 and success rate, 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 Stream Compute Service (Oceanus)
Oceanus is a fully managed, distributed stream compute service provided to you 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 every attempt to connect to the designated service cluster fails continuously for three (3) minutes, it will be deemed that the Service is unavailable within that three (3)‑minute period.
1.4 Total Time of Service in a Service Month
Total Time of Service in a Service Month = the total number of days of the Service Month × 24 (hours) × 60 (minutes).
1.5 Service Downtime Calculated in Minutes in a Service Month
As explained in Section 1.3 above, a three (3)‑minute period is counted toward the Service Downtime Calculated in Minutes in a Service Month, only when the entire three (3)‑minute interval qualifies as Service Unavailability. If there is any successful connection to the designated service cluster during that three(3)‑minute period, the whole interval is counted as Service Availability Calculated in Minutes in a Service Month.
1.6 Monthly Service Fee
Monthly Service Fee means the aggregate service fees paid by you for the Service in one (1) Service Month, excluding the portion paid yet to be consumed, and the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted.
2. Service Availability
2.1 Calculation of Service Availability
Service Availability = (1- Service Downtime Calculated in Minutes in a Service Month / Total Time of Service in a Service Month) x 100%
2.2 Service Availability
The Service Availability of the Service provided by Tencent Cloud will be no less than 99.9%. You are entitled to the compensation as set forth in Section 3 below if the Service Availability fails to meet the aforementioned standard, other than in any circumstance as provided for in the release of liabilities provisions below.
3. Service Compensation
In respect of this Service, if the Service Availability fails to meet the abovementioned standard, 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 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 abovementioned 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).
Service Availability in a Service Month | Value of Compensation Voucher |
≥ 99% and < 99.9% | 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 abovementioned 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.
4. Release of Liabilities
If the Service is unavailable due to any of the following reasons, the corresponding Service Unavailability shall not be counted towards Service Downtime, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you:
4.1 any failure attributable to grounds beyond reasonable control of Tencent Cloud (e.g., force majeure event, internet access or beyond the scope of the Service);
4.2 any failure due to your negligence in authorization, loss of password or maloperation, or due to any of your equipment, third-party software or device;
4.3 any cluster failure due to insufficient physical capacity limit of the storage and computing of your choice to satisfy the de facto demands;
4.4 any possible failure due to noncompliance with the guidelines for using the cluster specified in the use guidance;
4.5 any failure due to use non-compliant with the manner of usage, version compatibility, API and other rules;
4.6 any node for testing or deployment method you selected, which is not advisable for production environments (e.g. risk of split-brain when deploying only two nodes, or performance bottlenecks when using nodes with 1 core 2GB of memory);
4.7 any system maintenance with prior notice by Tencent Cloud to you, including system cutover, maintenance, upgrade and failure simulation test;
4.8 any failure by you to follow the usage guidelines provided by Tencent Cloud;
4.9 any possible failure due to the use of informal version (e.g. Alpha version and Beta version) or a version with no more maintenance;
4.10 any other circumstances in which Tencent Cloud will be exempted or released from its liabilities (for compensation or otherwise) according to relevant laws, regulations, agreements or rules, or any terms of service, rules or guidelines published by Tencent Cloud separately.
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. (End of Document)