ECS Service Level Agreement

ECS Service Level Agreement

The Elastic Cloud Server Service Level Agreement ("this Agreement") is an integral part of the HUAWEI CLOUD User Agreement signed between you and HUAWEI CLOUD. Terms in this Agreement are as defined in the HUAWEI CLOUD User Agreement unless otherwise stated in this Agreement.

1. Terms and Definitions
  • 1.1 "Service Availability Time" is the availability in minutes within one billing month, or billing period rounded up to the nearest month. The time is counted by deducting the Service Unavailability Time from the total time in the billing month.
  • 1.2 "Service Unavailability" is evidence from the Elastic Cloud Server (ECS) system log that ECS was inaccessible for five (5) or more consecutive minutes because of HUAWEI CLOUD. Any unavailability caused by system maintenance (including cutover, maintenance, and upgrade), service suspension, third parties, force majeure, or by yourself, is not considered Service Unavailability.
  • 1.3 "Service Unavailability Time" is the total duration of Service Unavailability within one billing month. Any Service Unavailability Time shall be counted and included in the compensation application only once and shall not be used for the next compensation application.
  • 1.4 "Service Availability Rate" is a percentage of monthly service availability using the following formula: Monthly Service Availability Rate = (Service Availability Time in a billing month/Total minutes in a billing month) x 100%. Billing periods are rounded up to the nearest month.
2. Service Commitment
  • 2.1 Service Functions
    Functions provided by HUAWEI CLOUD are subject to the ECS user guide published on the HUAWEI CLOUD official website. HUAWEI CLOUD reserves the right to update service functions and related documents when necessary. Refer to the HUAWEI CLOUD official website for the latest versions of these documents.
  • 2.2 Fault Recovery Capability
    • 2.2.1 By making reasonable commercial and technical effort, HUAWEI CLOUD promises you an average weekly maintenance period of up to thirty (30) minutes in the service period. HUAWEI CLOUD shall notify you of system unavailability caused by routine maintenance three (3) days in advance by published announcement, text message, email, phone call, or other appropriate means. Maintenance downtime caused by you, third parties, or force majeure is not counted in the Service Maintenance Time.
    • 2.2.2 Using reasonable technical and administrative effort, HUAWEI CLOUD shall take control measures such as fault monitoring and fast fault locating to ensure rapid service recovery.
    • 2.2.3 Apply for service support by submitting an online service ticket to HUAWEI CLOUD or dialing the service hotline. HUAWEI CLOUD provides technical support on a 7 (days) x 24 (hours) basis. HUAWEI CLOUD promises to reply within two (2) hours of receiving your application. HUAWEI CLOUD accepts customer complaints on a 5 (days) x 8 (hours) basis and promises to reply within one (1) hour during work hours (Monday to Friday from 9:00 to 18:00, China Standard Time, holidays excepted) of receiving a complaint.
  • 2.3 Service Availability HUAWEI CLOUD promises a Service Availability Rate of up to 99.95% for a single ECS and 99.99% for ECSs in multiple AZs in the same region through substantial commercial and technical effort. (If the following conditions are met, the ECS service is unavailable in multiple AZs in a region: ECSs in at least two AZs in the same region are used; all ECSs in one AZ are unavailable; the ECSs in other AZs in the same region are unavailable.) Should HUAWEI CLOUD fail to ensure the promised rate, HUAWEI CLOUD will compensate you in accordance with Clause 3.
  • 2.4 Data Disposal
    By making reasonable technical effort, HUAWEI CLOUD shall automatically delete your data if you so require during or after the service period. Before cloud service devices are discarded or resold, HUAWEI CLOUD shall perform operations such as degaussing to completely delete all user data.
  • 2.5 Data Migration
    HUAWEI CLOUD shall make reasonable technical effort to enable you to migrate data into and out of the service environment.
  • 2.6 Data Privacy
    HUAWEI CLOUD shall make reasonable technical effort to take measures including but not limited to network isolation and access control to ensure that user data and resources are isolated from and invisible to the data and resources of other users.
  • 2.7 Network Access Capability
    HUAWEI CLOUD makes technical and commercial effort to enable users to choose their own bandwidth spectrum. Spectrum resource and fee information can be found on the order page on the HUAWEI CLOUD official website. Details are subject to the information on the official website.
  • 2.8 Service Security Assistance
    HUAWEI CLOUD shall provide reasonable technical and administrative effort to assist you in the case of a security event or suspected security threat.
  • 2.9 Service Measurement Accuracy
    HUAWEI CLOUD makes reasonable technical and commercial effort to establish an accurate charging system. The charging modes of different services shall be subject to the charging models and standards released by the HUAWEI CLOUD official website.
3. Compensation Methods
  • 3.1 Should HUAWEI CLOUD fail to fulfill the commitment on the Service Availability Rate specified in Clause 2.3 herein, HUAWEI CLOUD shall compensate you with a hundredfold equivalent of the Service Unavailability Time. HUAWEI CLOUD may convert the compensation time into equivalent coupons, which are not exchangeable for cash, and refund them to you. In either case, the total compensation amount within the service period shall not exceed the fee that you have paid to HUAWEI CLOUD for the service that is unavailable. The total compensation provided by HUAWEI CLOUD is limited to the preceding compensation.
  • 3.2 In case of failure of service provisioning, configuration modification or deletion, or losses to your service time or fees from HUAWEI CLOUD's charging error, HUAWEI CLOUD shall compensate the losses to you. HUAWEI CLOUD may convert such compensation into coupons to you. Coupons are equivalent to the paid but lost service fees, and are not exchangeable for cash. The total compensation provided by HUAWEI CLOUD is limited to the preceding compensation.
4. Compensation Requests
  • 4.1 For compensation of Service Unavailability caused by HUAWEI CLOUD as defined in Clause 3, you may submit a service ticket to the HUAWEI CLOUD user center. The service ticket shall be submitted to https://account.huaweicloud.com/usercenter/?locale=en-us#/userindex/customerfeedback,
  • where:
    • 1. The Service Ticket Type shall be "Financial";
    • 2. The Problem Type shall be "Compensation";
    • 3. The Problem Description includes the account, time and occurrences of Service Unavailability, and the access log of the ECS service as ordered by you.
  • 4.2 You shall upload a compensation application to the official website specified in Clause 4.1 within seven (7) work days upon the occurrence of a Service Unavailability in order to receive compensation.
5. Disclaimer
  • 5.1 Unavailability caused by the following shall not be counted in the Service Unavailability Time:
    • (1) Force Majeure
    • (2) Necessary system maintenance
    • (3) You or any third party, including but not limited to:
      • Internet backbone network failure
      • Consequences of your content or applications being attacked or infected with viruses in the network
      • Your failure to comply with contract clauses and laws and regulations concerned
    • (4) Service suspension as agreed in the contract
6. Miscellaneous
  • 6.1 In the case of inconsistency or conflict with related agreements, this Agreement shall prevail, but only for such inconsistencies and conflicts.
  • 6.2 Huawei has the right to modify this Agreement when necessary, and the new version shall be published on the HUAWEI CLOUD official website.
  • 6.3 You acknowledge and state that you have carefully read, understood, and agreed with this Agreement, you have requested and obtained full explanations from Huawei for terms about which you have doubts, and you are willing to fulfill the terms of this Agreement.