Amazon EMR Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon EMR Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of the Amazon EMR Services (defined below) 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 the Amazon EMR Services. 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.

This SLA applies to the following Amazon EMR deployment models (“Amazon EMR Services”):

• Amazon EMR on Amazon EC2
• Amazon EMR on Amazon EKS

We will apply any Service Credits only against future payments for the applicable Amazon EMR Service 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 EMR 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:

(i) the words “SLA Credit Request” in the subject line;

(ii) 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 throughout the billing cycle;

(iii) 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 credit 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 credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

Amazon EMR SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of an Amazon EMR Service, or any other Amazon EMR Service 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 the applicable Amazon EMR Service; (ii) that result from any voluntary actions or inactions from you or any third party; (iii) that result from you not following the recommendations described in the Amazon EMR 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 and termination of your right to use Amazon EMR in accordance with the Agreement (collectively, the “Amazon EMR 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 Requests processed by the applicable Amazon EMR Service that do not fail with Errors and relate solely to the provisioned Amazon EMR functions. 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 returns a 500 or 503 error code.
• 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 EMR SLA Exclusion.
• “Request” means:
  • For Amazon EMR on Amazon EC2, an invocation of an Amazon EMR on Amazon EC2 function by directly calling the Amazon EMR RunJobFlow API
  • For Amazon EMR on Amazon EKS, an invocation of Amazon EMR on Amazon EKS function by directly calling the Amazon EMR on EKS StartJobRun API.
• A “Service Credit” is a Renminbi credit, calculated as set forth below, that we may credit back to an eligible account.