Amazon Elastic Container Registry Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon Elastic Container Registry Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of Amazon Elastic Container Registry (“Amazon ECR”) under the terms of the Western Cloud Data Customer Agreement for Amazon Web Services (Ningxia Region) (available at https://www.amazonaws.cn/agreement/ningxia and as updated from time to time, collectively with other agreements with us governing your use of our Services, the “Agreement”) between Ningxia Western Cloud Data Technology Co. Ltd. (“Western Cloud Data”, “us” or “we”) and you. This SLA applies separately to each account using Amazon ECR. 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 ECR available with a Monthly Uptime Percentage for the Amazon Web Services China (Ningxia) region, during any monthly billing cycle, of at least 99.9% (the “Service Commitment”). In the event Amazon ECR 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 ECR 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 charges paid by you for Amazon ECR in the Amazon Web Services China (Ningxia) region for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

We will apply any Service Credits only against future Amazon ECR payments otherwise due from you. At our discretion, we may issue the Service Credits to the bank card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from us. Service Credits 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 or non-performance or other failure by us to provide Amazon ECR is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive Service Credits, you will need to 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:

• the words “SLA Credit Request” in the subject line;
• the billing cycle with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in the Amazon Web Services China (Ningxia) region throughout the billing cycle;
• your Request logs that document the errors for 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 Credits 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 Service Credits.

Amazon ECR SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon ECR, or any other Amazon ECR 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 ECR; (ii) that result from any voluntary actions or inactions from you or any third party; (iii) that result from you not following the best practices described in the Amazon ECR Developer Guide 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 ECR in accordance with the Agreement (collectively, the “Amazon ECR 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

• “Availability” is calculated for each 5-minute interval as the percentage of Request processed by Amazon ECR that do not fail with Errors and relate solely to the provisioned Amazon ECR APIs. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
• An “Error” is any Request that failed due to an Amazon ECR internal service error.
• “Monthly Uptime Percentage” is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Amazon ECR SLA Exclusion.
• “Request” is an invocation of an endpoint of an API hosted on Amazon ECR.
• A “Service Credit” is a Renminbi credit, calculated as set forth above, that we may credit back to an eligible account.