Amazon Elastic Load Balancing Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon Elastic Load Balancing Service Level Agreement for Amazon Web Services (Ningxia Region) ("SLA") is a policy governing the use of Amazon Elastic Load Balancing ("Elastic Load Balancing") under the terms of the NWCD Customer Agreement for Amazon Web Services (Ningxia Region) (the "Agreement", available at https://www.amazonaws.cn/agreement/ningxia and as updated from time to time) between Ningxia Western Cloud Data Technology Co. Ltd. ("NWCD", "us" or "we") and you. This SLA applies separately to each account using Elastic Load Balancing from Amazon Web Services China (Ningxia) region. In the event of a conflict between the terms of this SLA and the terms of the Agreement or other agreement with us governing your use of our Services, 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 each Load Balancer available with a Monthly Uptime Percentage for Amazon Web Services China (Ningxia) region of at least 99.99%, in each case during any monthly billing cycle (the "Service Commitment"). In the event any Load Balancer 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 Elastic Load Balancing 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 the Load Balancer experiencing Unavailability for which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

We will apply any Service Credits only against future Elastic Load Balancing 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 in which the Elastic Load Balancing Service that you used 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 Elastic Load Balancing 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 of each Unavailability incident that you are claiming;
3. the affected Load Balancer’s ARNs or DNS names;
4. the billing cycle with respect to which you are claiming Service Credits; and
5. any request/monitoring logs that document the errors and corroborate the 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 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.

Elastic Load Balancing SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of Elastic Load Balancing, or any Load Balancer 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 Elastic Load Balancing; (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 guidelines described in the Elastic Load Balancing User Guide on the Amazon Web Services China Site; or (v) arising from our suspension or termination of your right to use Elastic Load Balancing in accordance with the Agreement (collectively, the “Elastic Load Balancing SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• "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). 
• "Healthy Targets" are the targets of the Load Balancer that return a Success Code for the health check sent from the Load Balancer.
• "Load Balancer" means an Application Load Balancer, Network Load Balancer, or Classic Load Balancer, as applicable. 
• "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Load Balancers, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Elastic Load Balancing SLA Exclusion. 
• 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 your Load Balancer, which is enabled in two or more Availability Zones and has at least one Healthy Target, has no external connectivity and all attempts to connect to the Load Balancer are unsuccessful.