Legal:Hybrid Backup Service (HBR) Service Level Agreement

Legal:Hybrid Backup Service (HBR) Service Level Agreement
Legal:Hybrid Backup Service (HBR) Service Level Agreement

3.1 If you believe that the Service Guarantee in connection with your use of the Service is not met in any billing month, then you may file a claim for Service Credit in accordance with this Clause 3.1. Your claim must include at least the following information:

(a) A detailed description of the incident, including the logs or messages for request failure documenting the errors and claimed outage;

(b) The date, time and duration of the Downtime;

(c) Information relating the affected instances, including the affected instance IDs; and

(d) Any other information that we reasonably ask you to provide to support your claim.

3.2 Your claim for a Service Credit must be received by us within thirty (30) days after the last day of the billing month of occurrence of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such Service Credit. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit to you as early as possible.

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3.3 If we, after our good faith review of your claim, determine that a Service Credit must be provided to you, the Service Credit to be provided will be the following:

Monthly Uptime Percentage

Service Credit Percentage

Less than 99.50%, but equal to or greater than 99.00%

10%

Less than 99.00%

25%

3.4 Subject to Clauses 3.1, 3.2, and 3.3, the Service Credit shall apply to set-off the fees payable by you for the Service only. The Service Credit shall not be used or applied to set-off the fees for the other Alibaba Cloud services, unless otherwise stated to you in writing by us from time to time.

3.5 The Service Credit provided in any billing month for a particular Service or Service resource will not, under any circumstance, exceed 25% of your Monthly Service Fee for that affected Service or Service resource, as applicable, in the billing month.

3.6 The Service Credit provided to you must be used within one (1) month from the date the Service Credit is made available for you to use.

3.7 You agree that any decision or determination made by us relating to your claim for any Service Credit shall be final and binding on you.

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