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

This Amazon PrivateLink Service Level Agreement for Amazon Web Services (Ningxia Region) (this “SLA”) is a policy governing the use of Amazon PrivateLink (“PrivateLink”) under the terms of the Western Cloud Data Customer Agreement for Amazon Web Services (Ningxia Region) (available at http://www.amazonaws.cn/agreement/ningxia and as updated from time to time, and collectively with other agreement 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 PrivateLink 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, 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 PrivateLink available with a Monthly Uptime Percentage, during any monthly billing cycle, of at least 99.9% for the Amazon Web Services China (Ningxia) region (the “Service Commitment”). In the event that connectivity to a PrivateLink Powered Service 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 PrivateLink 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 PrivateLink enabled endpoint charges paid by you for connecting to the affected PrivateLink Powered Service 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 PrivateLink 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 Unavailability 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 PrivateLink 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 PrivateLink endpoint ID;
4. the billing cycle with respect to which you are claiming Service Credits;
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 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.

PrivateLink SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the PrivateLink Service, or any other PrivateLink performance issues: (i) caused by factors outside of our reasonable control including any force majeure event or related problems beyond the demarcation point of PrivateLink; (ii) 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); (iii) that result from failure to follow the guidelines or exceeding the limitations described in the PrivateLink Documentation on the Amazon Web Services China Site; or (iv) arising from our suspension or termination of your right to use PrivateLink in accordance with the Agreement (collectively, the “PrivateLink 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” means an isolated location within an Amazon Web Services region identified by a letter identifier following the region code (e.g., cn-northwest-1).
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which your PrivateLink Powered Service is in a state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any PrivateLink SLA Exclusions. 
• “PrivateLink Powered Service” means a service offered by a PrivateLink service provider that runs behind an Amazon Elastic Load Balancer and connects to PrivateLink enabled endpoints. 
• 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 that a PrivateLink Powered Service has no connectivity to any PrivateLink enabled endpoint you own, and all attempts to connect to those PrivateLink enabled endpoints over PrivateLink in a 5 minute interval are unsuccessful, despite those PrivateLink enabled endpoints being enabled in two or more Availability Zones.