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

The May 12, 2021 version of this SLA incorrectly stated the top Monthly Uptime Percentage for Amazon Service Catalog as 99.99% instead of 99.9% due to a publishing error. We have corrected this error as of June 7, 2022, and this correction will take effect on Sep 6, 2022. You can view the prior version of this SLA by clicking on “Prior Version(s)” below. This Amazon Service Catalog Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of Amazon Service Catalog 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 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 Amazon Service Catalog. 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.

We will use commercially reasonable efforts to make Amazon Service Catalog available with the applicable Monthly Uptime Percentage during any monthly billing cycle (the “Service Commitment”). In the event Amazon Service Catalog does not meet the Monthly Uptime Percentage 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 Service Catalog 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 are calculated as a percentage of the total charges paid by you for Amazon Service Catalog for the billing cycle in which the error occurred in accordance with the schedule below.

We will apply any Service Credits only against future Amazon Service Catalog 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 Service Catalog is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

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:

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

(ii) the dates and times of each incident of non-zero Error Rates that you are claiming; and

(iii) 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.

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon Service Catalog, or any other Amazon Service Catalog 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 Service Catalog; (ii) that result from any actions or inactions of you or any third party; (iii) that result from you not following the best practices described on the Amazon Service Catalog 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 Service Catalog in accordance with the Agreement (collectively, the “Amazon Service Catalog 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.

• “Error Rate” means: (i) the total number of internal server errors returned by Amazon Service Catalog 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 Service Catalog 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 Service Catalog 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.

• “Service Credit” means a Renminbi credit, calculated as set forth above, that we may credit back to an eligible account.

Prior Version(s)