Amazon Direct Connect Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon Direct Connect Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of the Included Resources (listed below) and applies separately to each account using the Included Resources. In the event of a conflict between the terms of this SLA and the terms of the Amazon Web Services Customer Agreement with NWCD or other agreement with us governing your use of our Services (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.

Included Resources

Amazon Direct Connect Dedicated Connections configured to access:

• Amazon Service private endpoints (e.g., Virtual Private Gateway)
• Amazon Service public endpoints (e.g., Amazon S3 or Amazon EC2)

Service Commitment

We will use commercially reasonable efforts to make the Actual Uptime Percentage meet the applicable Uptime Target for each Included Resource during each monthly billing cycle (the “Service Commitment”). In the event we fail to meet the applicable 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 Included Resources from Amazon Web Services China (Ningxia) 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 Amazon Direct Connect Port Hour charges paid by you to Amazon Web Services for the Included Resource experiencing Unavailability for which the Actual Uptime Percentage fell within the ranges set forth in the table below, as applicable based upon the Included Resource’s Uptime Target:

We will apply any Service Credits only against future Amazon Direct Connect payments otherwise due from you. 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 Direct Connect is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. The Service Commitment and this SLA do not apply to any Included Resource that does not meet the Minimum Configuration Requirements to qualify for an Uptime Target.

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 “Direct Connect SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected Included Resource ID and corresponding virtual interface IDs for each affected Included Resource;
4. the billing cycle with respect to which you are claiming Service Credits; and
5. 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 Actual 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 your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Amazon Direct Connect Service SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of Amazon Direct Connect, or any other Amazon Direct Connect performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or related problems beyond the demarcation point of Amazon Direct Connect; (ii) that result from any voluntary actions or inactions from you or any third party (e.g. misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.); (iii) 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); (iv) that result from you not following the Minimum Configuration Requirements or guidelines described in the Amazon Direct Connect User Guide on the Amazon Web Services China Site; or (v) arising from our suspension or termination of your right to use Amazon Direct Connect in accordance with the Agreement (collectively, the “Amazon Direct Connect SLA Exclusions”). If availability is impacted by factors other than those used in our Actual Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Furthermore, the Service Commitment and this SLA do not apply to Amazon Direct Connect services accessed via an Amazon Web Services Partner Network (APN) Direct Connect Partner integration with either the hosted connection or hosted virtual interface models. The Service Commitment and this SLA apply to Dedicated Connections that you access via services provided by an APN Direct Connect Partner, provided such Dedicated Connections are owned by your Amazon Web Services account.

Definitions

• "Actual Uptime Percentage" for an Included Resource in a given billing month is calculated as Maximum Uptime less Downtime divided by Maximum Uptime. Actual Uptime Percentage is represented by the following formula:
• Actual Uptime % = (Maximum Uptime - Downtime) / Maximum Uptime
• “Availability Zone” and “AZ” mean an isolated location within an Amazon Web Services region identified by a letter identifier following the Amazon Web Services region code (e.g., cn-northwest-1).
• “Dedicated Connection” is a 1Gbps or 10Gbps port owned by your Amazon Web Services account. Ports that are joined as a link aggregation group count as a single Dedicated Connection.
• “Downtime” is the total accumulated minutes during a billing month during which your Included Resource is Unavailable. Downtime does not include Unavailability resulting directly or indirectly from any Amazon Direct Connect Service SLA Exclusion.
• "Maximum Uptime" is the total number of minutes that an Included Resource is enabled for use during a monthly billing cycle.
• “Service Credit” is a Renminbi credit, calculated as set forth above, that we may credit back to an eligible account.
•  “Unavailable” and “Unavailability” mean an Included Resource is experiencing a complete inability to send or receive data for an interval of greater than 120 consecutive seconds.
• “Uptime Target” means a percentage of Maximum Uptime in a monthly billing cycle applicable to your Included Resource based upon meeting the Minimum Configuration Requirements in the table below, and is used for purposes of calculating Service Credits. Only one Uptime Target can apply to each Included Resource. If your Included Resource’s configuration does not meet the Minimum Configuration Requirements, no Uptime Target applies to that Included Resource.