Amazon S3 Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon S3 Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of Amazon Simple Storage Service (“Amazon S3”) under the terms of the Western Cloud Data Customer Agreement for Amazon Web Services (Ningxia Region) (the “Agreement”, available at http://www.amazonaws.cn/agreement/ningxia and as updated from time to time) 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 S3 from Amazon Web Services China (Ningxia) region. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the Agreement.

Service Commitment

We will use commercially reasonable efforts to make Amazon S3 available with the applicable Monthly Uptime Percentage (as defined below) during any monthly billing cycle (the "Service Commitment"). In the event Amazon S3 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 S3 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.

Definitions

• "Error Rate" means: (i) the total number of internal server errors returned by Amazon S3 as error status "InternalError" or "ServiceUnavailable" divided by (ii) the total number of requests during that five minute period. We will calculate the Error Rate for each Amazon S3 account as a percentage for each five minute period 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 S3 SLA Exclusions (as defined below).
• "Monthly Uptime Percentage" is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle.
• A "Service Credit" is a Renminbi credit, calculated as set forth below, that we may credit back to an eligible account.
  

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Amazon S3 for the billing cycle in which the error occurred in accordance with the schedule below.

For requests to S3 Standard, S3 Glacier Flexible Retrieval, S3 Glacier Deep Archive, and all other requests not specified below:

For requests to S3 Intelligent-Tiering, S3 Standard-Infrequent Access, and S3 One Zone-Infrequent Access, and S3 Glacier Instant Retrieval:

We will apply any Service Credits only against future Amazon S3 payments otherwise due from you. 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 S3 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 S3 SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon S3, or any other Amazon S3 performance issues: (i) that result from a suspension described in Section 6.1 of the Agreement; (ii) 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 S3; (iii) that result from any actions or inactions of you or any third party; (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); (v) that result from any maintenance as provided for pursuant to the Agreement; or (vi) arising from our suspension and termination of your right to use Amazon S3 in accordance with the Agreement (collectively, the "Amazon S3 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.