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TDMQ FOR ROCKETMQ SERVICE LEVEL AGREEMENT

Last updated: 2024-01-19 15:02:05
    To use the TencentDistributed Message Queue (“TDMQ”) for RocketMQ Service (the “Service(s)”), youshall read and comply with this TDMQ for RocketMQ Service Level Agreement (the“Agreement” or the “SLA”) and the Tencent Cloud Service Agreement. ThisAgreement contains the terms and definitions of the Services, serviceavailability/service success rate grade indicator, compensation plans,disclaimer clause, and other relevant contents. Please be sure to read andfully understand the terms and conditions of this Agreement. Limitation ofliability clause, disclaimer clause, and other terms involving your materialrights and interests shall be highlighted in bold, underlined, etc.
    Please do not purchaseor use the Services unless you have thoroughly read, fully understood, andaccepted all the terms of this Agreement. By clicking “Agree” or “Next”, orpurchasing or using the Services, or accepting this Agreement in any otherexplicit or implicit manner, you are deemed to have read and agreed to be boundby this Agreement. This Agreement shall have legal effect between you andTencent Cloud and shall become a legally binding document for both parties.

    1. TERMS AND DEFINITIONS

    1.1 TDMQ for RocketMQ

    “TDMQ for RocketMQ”is a distributed high-availability message queue service, which can provide areliable, message-based asynchronous communication mechanism and transferinformation between different applications (or different components of the sameapplication) deployed in a distributed manner, and can be stored in a reliableand effective queue to prevent message loss. TDMQ for RocketMQsupports multiple processes to read and write at the same time, sending andreceiving do not interfere with each other, and applications or components donot need to be running all the time.

    1.2 Service Month

    “Service Month” refers to each naturalmonth included in the service term of the Services you purchase. For example,if you purchase the Services for three months, and the date of service openingis March 17, then four Service Months are included, of which the first ServiceMonth refers to March 17 to March 31, the second Service Month refers to April1 to April 30, the third Service Month refers to May 1 to May 31, and thefourth Service Month refers to June 1 to June 16. Service availability will beaccounted separately for each Service Month.

    1.3 Total Minutes within the Service Month

    “Total Minutes within theService Month” is counted as the service days of a client under aTencent Cloud account in a Service Month × 24 (hours) × 60 (minutes).

    1.4 Service Unavailability

    “ServiceUnavailability” means within 1 minute, all client requests that attempt toinvoke the API specified by TDMQ for RocketMQ for messageproduction/publishing, message consumption, and message acknowledgement fail.

    1.5 Service Unavailability Minutes

    “Service UnavailabilityMinutes”refer to the time difference between Service Unavailability resolution momentand Service Unavailability start moment. “Unavailability Time” refers tothe time from the service failure moment to the returning-to-normal moment,including maintenance time.
    Service UnavailabilityMinutes are counted only if the service failure time exceeds 5 minutes. If thetime from the service failure moment to the returning-to-normal moment is lessthan 5 minutes (i.e. the actual Unavailability Time does not exceed 5 minutes),it shall not be counted in the Service Unavailability Minutes.

    1.6 Unavailability Minutes within the ServiceMonth

    “Unavailability Minuteswithin the Service Month” refers to the sum of the Service Unavailability Minutesof a client under a Tencent Cloud account within a Service Month.

    1.7 Monthly Service Fee

    “Monthly Service Fee” means the cash servicefees paid by a client for the TDMQ for RocketMQ under a Tencent Cloud accountin a Service Month, excluding the purchased but unconsumed portion. MonthlyService Fee does not include the fees offset by vouchers, coupons, service feedeductions, etc.

    2. SERVICE AVAILABILITY

    2.1 Calculation Method of Service Availability

    “Service Availability”= ((Total Minutes within the Service Month - Unavailability Minutes within theService Month) / Total Minutes within the Service Month) x 100%.

    2.2 Service Availability Standard

    The Service Availabilityof the Services provided by Tencent Cloud shall not be less than 99.95% (the “ServiceAvailability Standard”). If the Service Availability Standard is not met(excluding cases covered by disclaimers), you shall be entitled to compensationin accordance with Article 3 (Compensation Plan) of this Agreement.
    Assuming that the TotalMinutes within the Service Month for a Service is 30 × 24 × 60 = 43200 minutes,there can be an Unavailability Time of 43200 – 43200× 99.95% = 21.6 minutes.

    3. COMPENSATION PLAN

    For the Services, if the Service Availability is lowerthan the Service Availability Standard, compensation can be obtained as per thefollowing terms:

    3.1 Compensation Standard

    1. Compensation will be provided in the form of vouchersissued by Tencent Cloud, and after you receive the voucher, you must complywith vouchers usage rules (including usage period, etc., subject to thevoucher-related rules published on the website of Tencent Cloud). The vouchersissued cannot be exchanged for cash, or be accompanied by invoices. Suchvouchers can only be used to purchase the Services through your corresponding TencentCloud account, and cannot be used to purchase other services provided byTencent Cloud. The vouchers cannot be transferred or gifted, etc.
    2. If the Service Availability Standard in this Agreementis not met in a Service Month, the compensation will be calculated separatelyaccording to the corresponding Service Month, and the total amount ofcompensation shall not exceed the corresponding Monthly Service Fee paid by youfor the Services for that respective month (excluding fees offset byvouchers, coupons, service fee deductions, etc.).
    Service Availability in a Service Month
    Compensation Voucher Amount
    Less than 99.95% but equal to or higher than 99%
    10% of Monthly Service Fee
    Less than 99% but equal to or higher than 95%
    25% of Monthly Service Fee
    Less than 95%
    100% of Monthly Service Fee

    3.2 Time Limit forClaims

    (1) If the Service Availability Standard is not met in aService Month, you may claim for compensation only through the work ordersystem of your corresponding account after the fifth (5th) business day ofthe month following the end of the corresponding Service Month in which theService Availability Standard is not met. Tencent Cloud will conductverification after you have filed the claim for compensation. In case of adispute between the parties regarding the calculation of the ServiceAvailability in the Service Month, both parties agree that Tencent Cloud’sbackend records shall ultimately prevail.
    (2) The latest deadline for you to file a claim forcompensation shall not exceed sixty (60) calendar days after the end of thecorresponding Service Month that the Service Availability Standard is not met.If you fail to file a claim for compensation within the aforesaid period, orfile a claim after the aforesaid period, or file a claim in a manner other thanthat agreed in this Agreement, it shall be deemed that you have automaticallywaived your right to demand compensation and any other claims against TencentCloud, and Tencent Cloud reserves the right to decline your claim forcompensation and shall not be liable for any compensation or indemnification toyou.

    4.DISCLAIMER

    ForService Unavailability or Service Availability Standard not met caused by thefollowing reasons, Tencent Cloud shall not be responsible for you:
    4.1 Unavailability due to reaching or exceeding the limitof the actual size of the service purchased.
    4.2 Unavailability due to system maintenance afterTencent Cloud notifies you in advance, including cutover, repair, upgrade, andsimulated failure drills.
    4.3 Unavailability due to defects in data flow ormanagement flow caused by open source community.
    4.4 Unavailability due to attacks or other misconduct onyour application interfaces or data after Tencent Cloud takes reasonabletechnical and organizational measures.
    4.5 Unavailability due to your failure to follow theTencent Cloud product usage documentation or usage recommendations.
    4.6 Unavailability or failure to meet the ServiceAvailability Standard not attributed to Tencent Cloud.
    4.7 Unavailability due to the loss or leakage of data,passwords, codes, etc. because of your improper maintenance or improperconfidentiality.
    4.8 Message delivery delay due to your own reasons,including but not limited to message accumulation caused by your slow messageprocessing.
    4.9 Scheduled message errors due to your own reasons,including but not limited to error caused by inconsistent server clocks andinconsistent time zones.
    4.10 The circumstances described in relevant laws andregulations, related agreements, applicable rules, or relevant rules andinstructions separately issued by Tencent Cloud that Tencent Cloud can exemptfrom any liability or release of compensation liability, etc.

    5.MISCELLANEOUS

    5.1 You understand thatTencent Cloud cannot guarantee that the Services are defectless, but TencentCloud will try its best to continuously improve the service quality and servicelevel. Therefore, you agree that even if there are defects in the Services, ifthe aforementioned defects are unavoidable due to the technical level of theindustry at that time, it will not be regarded as a breach of contract byTencent Cloud. You agree to cooperate with Tencent Cloud to solve the abovedefects.
    5.2 The partiesacknowledge and hereby agree that under no circumstances shall Tencent Cloud’scompensation liability for breach of contract in aggregate exceed thecorresponding service fees you have paid for the defaulted Services if yousuffer damages due to Tencent Cloud’s breach of contract during your use of theServices.
    5.3 Tencent Cloud reserves the right to modify thisAgreement when appropriate or necessary according to any changes. You can referto the relevant contents in the latest version on the website of Tencent Cloud.If you do not agree with Tencent Cloud’s modification to this Agreement, you havethe right to stop using the Services. If you continue to use the Services, youshall be deemed to have accepted the modified Agreement.
    5.4 This Agreement, as an ancillary agreement of TencentCloud Service Agreement, shall have the same legal effect as Tencent CloudService Agreement. You shall comply with the provisions in Tencent CloudService Agreement for matters not specified in this Agreement. In the event ofa conflict or inconsistency between the terms of this Agreement and TencentCloud Service Agreement, Tencent Cloud Service Agreement shall prevail, butonly to the extent of such conflict or inconsistency. (End)
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