In order to use theTencent RPC service (the "Service"), you should read and observe this Tencent RPC Service Level Agreement (this "Agreement", or this"SLA") and the Tencent Cloud Service Agreement. This Agreement contains, among others, the terms and definitions of the Service, level indicators of the Service availability and Service success rate, compensation plan and release of liabilities. Please carefully read and fully understand each and every provision hereof, and the provisions restricting or releasing certain liabilities, or otherwise related to your material rights and interests, may bein bold font or underlined or otherwise brought to your special attention.
Please do not purchase the Service unless and until you have fully read, and completely understood and accepted all the terms hereof. By clicking "Agree"/"Next", or by purchasing or using the Service, or by otherwise accepting this Agreement, whether express or implied, you are deemed to have read, and agreed to be bound by, this Agreement. This Agreement shall then have legal effect on both you and Tencent Cloud, constituting a binding legal document on both parties.
1. Terms and Definitions
1.1 Tencent Cloud provides RPC service which provides you with APIs and gateways for sending request to blockchain. For details, please refer to the Service you purchase and the content of the Service provided by Tencent Cloud.
1.2 Apparent Failure: means the failure to send request from the APIs provided by Tencent Cloud to the block chain dueto reasons attributable to Tencent Cloud.
1.3 Effective Number of RPC requests: means the totalnumber of the request sent to block chain via the APIs provided by Tencent Cloud.The free request shall not be count towards the Effective Number of RPC requests.
1.4. Service Month(s): ServiceMonth(s) means the calendar month(s) within the term of the Service purchased by you. For example, if you purchase the unit package of Service on March 17th,there will be twelve (12) Service Months (from March 17th of this year to thesame day of next year). The availability of the Service will be calculated separately for each Service Month.
2. Service Availability
2.1 Calculation ofService Availability
Service Availability = 1 - (number of Apparent Failures out of EffectiveNumber of RPC requests within a Service Month / Effective Number of RPC requests within a Service Month) × 100%
2.2 Standards ofService Indicator
The Service Availability of this Service provided by Tencent Cloud willbe no less than 99%. You are entitled to the compensation as set forth inSection 3 below if the Service Availability fails to meet the aforementioned standard, other than in any circumstance as provided for in the release of liabilities provisions below.
3. Service Compensation
In respect of this Service, if the Service Availability fails to meet the abovementioned standard, you will be entitled to compensations inaccordance with the following terms:
3.1 Standards ofCompensation
(1) Compensations will be made inthe form of unit in a number corresponding to the compensation amount byTencent Cloud. The price of a single unit is subject to the official rate card price published by Tencent Cloud RPC service. You should follow the rules for using the RPC service. You cannot redeem such number of units for cash or request to issue an invoice. Such number of units can only be used through yourTencent Cloud account. You cannot give such number of units to a third party for consideration or for free.
(2) If the Service Availability in a Service Month fails to meet the standard, the amount of compensation will be calculated for such month independently, and the aggregate amount shall be no more than the applicable Monthly Service Fee paid by you for such month (excluding the portion deducted by a coupon or promotional voucher,due to discounted service fee or otherwise deducted).
Service Availability(Av) | Number of Messages Compensated |
95% > Av ≥ 90% | Number of units corresponding to 10% of the Monthly Service Fee |
90% > Av | Number of units corresponding to 30% of the Monthly Service Fee |
3.2 Time Limit forCompensation Application
(1) If the Service Availability in a Service Month fails to meet the above mentioned Service Availability standard, you may apply for compensation through (and only through) the support ticket system under your relevant account after the fifth (5th) business day of the month immediately following such Service Month. Tencent Cloud will verify and ascertain your application upon receipt of such application. If there is any dispute over the calculation of the Service Availability for aService Month, both parties agree thatthe back-end record of Tencent Cloud will prevail.
(2) You should apply for such compensation no later than sixty (60) calendar days following the expiry of the applicable Service Month in which the Service Availability fails to meet the standard. If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against Tencent Cloud, in which case Tencent Cloud has the right to reject your application for compensation and not to make any compensation to you.
4. Release of Liabilities
If the Service is unavailable due to any of the following reasons, the corresponding Service downtime shall not be counted towards Service unavailability period, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you:
4.1 any failure attributable to the user;
4.2 any loss or leak of data, pin, password, etc. due to improper maintenance or improper confidentiality measures of a user；
4.3 any hacker attack ona user's application;
4.4 any negligence of,or operation authorized by, a user;
4.5 any violation of platform rules such as flow control
4.6 any announcement with prior notice by Tencent Cloud due to significant activity or promotion;
4.7 any system maintenance with prior notice by Tencent Cloud to the user, including system cutover, maintenance, upgrade and failure simulation test;
4.8 any failure or configuration adjustment of network or equipment that is not Tencent Cloud facility;
4.9 any force majeure event or accident;
4.10 any Service unavailability or failure of the Service to meet the standard due to any reason not attributable to Tencent Cloud;
4.11 any other circumstances in which Tencent Cloud will be exempted or released from it liabilities (for compensation or otherwise) according to relevant laws,regulations, agreements or rules, or any rules or guidelines published byTencent Cloud separately.
5. Miscellaneous
5.1 The parties hereto acknowledge and agree that, for any losses incurred by you during the course of using the Service due to any breach by TencentCloud, the aggregate compensation amount payable by Tencent Cloud shall under no circumstance exceed the total service fees you have paid for the relevantService which is not performed.
5.3 Tencent Cloud has the right to amend the terms of this Agreement as appropriate or necessary in light of changes in due course. You may review the most updated version of relevantAgreement terms on the official website of Tencent Cloud. If you disagree with such revisions made by Tencent Cloud to this Agreement, you have the right to cease using the Service; by continuing to use the Service, you shall be deemed to have accepted the Agreement as amended.
5.4 As an ancillary agreement to the Tencent Cloud Service Agreement, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement. In respect of any matter not agreed herein, you shall comply with relevant terms under the Tencent CloudService Agreement. In case of any conflict or discrepancy between thisAgreement and the Tencent Cloud Service Agreement, this Agreement prevails tothe extent of such conflict or discrepancy. (End of Document)
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