Article 1 General Provisions

China Telecom (hereinafter referred to as "Party B", (hyperlink: https://www.esurfingcloud.com) provides Scalable File Service (SFS) (hereinafter referred to as this "Service") to the user (also referred to as the "Customer" or "Party A", together with the Party B or China Telecom referred to the "Parties") in accordance with the provisions of this Service Level Agreement (also known as "SLA") and its operating rules as may be amended from time to time. Party B reserves the right to modify the terms of the SLA at any time.

Article 2 Service Commitment

Party B shall maintain a Service Availability Rate of the SFS used by Party A of at least 99.95%. Additionally, Party B shall provide a data durability rate of 99.99999999% for the SFS provided to Party A.

Article 3 Service Description

A Service Cycle is defined as a calendar month. Any duration less than a calendar month shall not constitute a complete Service Cycle.

The Service Availability of SFS is measured for each individual file system instance.

Service Unavailability is determined when all consecutive attempts by Party A to connect to a specified SFS file system instance within any given minute fail, rendering the instance unavailable for that duration. Minutes of Unavailability refers to the cumulative total of minutes wherein a single SFS file system instance is not accessible during a Service Cycle.

The SFS Service Availability Rate per file system instance can be calculated by referring to the following formula:

Service Availability Rate for a given Service Cycle = (Total Minutes in a Service Cycle – Minutes of Unavailability) / Total Minutes in a Service Cycle * 100%

Article 4 Force Majeure and Exemption

Service Unavailability does not include the unavailability of Party A's SFS resulting from any of the following activities:

(1)     Scheduled system maintenance, including cutover, repair, upgrade, or simulated failure exercises, for which Party B has provided prior notice to Party A;

(2)     Non-Party B network failures, device faults, or configuration changes;

(3)     Unavailability caused by Party A's application or installation activities;

(4)     Party A's application programs attacked by hackers;

(5)     Operations authorized by Party A or any Party A's misjudgment in operations;

(6)     Loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A;

(7)     Unavailability caused by Party A's self-upgrading of the operating system;

(8)     Party A's failure to follow the product documents or suggestions of eSurfing Cloud;

(9)     Service unavailability resultant from force majeure events or unforeseen accidents;

(10) Unavailability caused by other non-Party B reasons.

Article 5 Service Credit

In the event Party B does not meet the commitment on the Service Availability Rate specified in this SLA, Party A will be eligible to receive service credit as described below.

(1)     If the Service Cycle is less than one month, only the unavailable time of the service will be recorded without credit hours.

(2)     If 99.00% ≤ service availability < 99.95%, Party A will be entitled to 108 credit hours.

(3)     If 95.00% ≤ service availability < 99.00%, Party A will be entitled to 216 credit hours.

(4)     If service availability < 95.00%, Party A will be entitled to 720 credit hours.

(5)     In any case, Party A will not be entitled to credit hours for more than one Service Cycle.