Amazon Compute Optimizer Service Level Agreement for Amazon Web Services (Beijing Region)

This Amazon Compute Optimizer Service Level Agreement for Amazon Web Services (Beijing Region)(“SLA”) is a policy governing the use of  Amazon Compute Optimizer under the terms of the Sinnet Customer Agreement for Amazon Web Services (Beijing Region) (available at http://www.amazonaws.cn/agreement/beijing and as updated from time to time, and collectively with other agreement with us governing your use of our Services, the “Agreement”) between Beijing Sinnet Technology Co., Ltd. (“Sinnet”, “us” or “we”) and you. This SLA applies separately to each account using Amazon Compute Optimizer. In the event of a conflict between the terms of this SLA and the terms of the Agreement, the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement. 

Service Commitment

We will use commercially reasonable efforts to make Amazon Compute Optimizer available with the Monthly Uptime Percentages set forth in the table below for Amazon Web Services China (Beijing) region during any monthly billing cycle (the "Service Commitment"). In the event Amazon Compute Optimizer does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. The Service Commitment and Service Credits provided to you under this SLA will be provided to you only in connection with your use of Amazon Compute Optimizer from Amazon Web Services China (Beijing) region. This SLA does not authorize you to receive any Service Commitment or Service Credits from any other Amazon Web Services regions.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Amazon Compute Optimizer in the Amazon Web Services China (Beijing) region for the monthly billing cycle in which the Service Commitment was not met, in accordance with the schedule below.

We will apply any Service Credits only against future Amazon Compute Optimizer payments otherwise due from you. At our discretion, we may issue the Service Credit to the bank card you used to pay for the billing cycle during which Amazon Compute Optimizer did not meet the Service Commitment. Service Credits will not entitle you to any refund or other payment from us. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one Renminbi (¥1 Renminbi).  Service Credits may not be transferred or applied to any other account.  Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance or other failure by us to provide Amazon Compute Optimizer is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the Amazon Web Services Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line;
2. the dates and times, and the Amazon Web Services region(s) for each Unavailability incident that you are claiming;
3. the affected Amazon Compute Optimizer API calls; and
4. your Request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Amazon Compute Optimizer SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon Compute Optimizer, or any other Amazon Compute Optimizer performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Amazon Compute Optimizer; (ii) that result from any actions or inactions by you or any third party; (iii) that result from you not following the current Amazon Compute Optimizer Documentation on the Amazon Web Services China Site; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party  equipment within our direct control); or (v) arising from our suspension or termination of your right to use Amazon Compute Optimizer in accordance with the Agreement (collectively, the "Amazon Compute Optimizer SLA Exclusions").

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of 5-minute intervals during the month in which Amazon Compute Optimizer was Unavailable. If you have been running Amazon Compute Optimizer for only part of the month, Amazon Compute Optimizer is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Amazon Compute Optimizer SLA Exclusions.
• A “Service Credit” is a Renminbi credit, calculated as set forth above, that we may credit back to an eligible account.
• "Unavailable" and “Unavailability” mean that all Amazon Compute Optimizer API calls fail during a 5 minute interval. This definition includes cases where the Amazon Compute Optimizer API returns ServiceUnavailable or InternalError exceptions.