Amazon IoT Device Management Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon IoT Device Management Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of Amazon IoT Device Management 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 IoT Device Management. 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 IoT Device Management 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 IoT Device Management 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 IoT Device Management 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 IoT Device Management 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 IoT Device Management 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 error occurred. 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 IoT Device Management 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 incident of non-zero Error Rates that you are claiming; and
3. 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 Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the applicable 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 IoT Device Management SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon IoT Device Management, or any other Amazon IoT Device Management 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 IoT Device Management; (ii) that result from any actions or inactions of you or any third party; (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); or (iv) arising from our suspension or termination of your right to use Amazon IoT Device Management in accordance with the Agreement (collectively, the “Amazon IoT Device Management SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• “Error Rate” means: (i) the total number of internal server errors returned by Amazon IoT Device Management as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that five minute interval. We will calculate the Error Rate for each Amazon IoT Device Management account as a percentage for each five minute interval in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Amazon IoT Device Management SLA Exclusions.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute interval in the monthly billing cycle.
• A “Service Credit” is a Renminbi credit, calculated as set forth above, that we may credit back to an eligible account.