Article 1 General Provisions

China Telecom ("CTG" or "Party B", at www.esurfingcloud.com) provides the Distributed Message Services for RocketMQ (the "Services") to the Customer (also referred to as "Party A") in accordance with the provisions of the Service Level Agreement (the "SLA") and operating rules issued by Party B from time to time. Party B reserves the right to amend the terms of the SLA at any time.

Article 2 Service Description and Commitment

            2.1  Definitions

One Service Cycle is one month. If the Customer uses the Services for less than one month, the Customer will not be deemed to have used such Services for one Service Cycle.

Aggregate Time of a Service Cycle means the aggregate time for each Service Cycle calculated by reference to the following formula: the total number of days in each Service Cycle x 24 (hours) x 60 (minutes).

Service Unavailability: Where a complete suspension of the Services persists for more than one minute due to any reason attributable to CTG, such Services will be deemed unavailable for that very minute, while any unavailability persisting for less than one minute will not be considered for the purpose of calculating Service Unavailability Duration.

Service Unavailability Duration means the aggregate time within a Service Cycle during which the Services are unavailable. The Service Unavailability Duration shall not be counted more than once, i.e. the Service Unavailability Duration of a given Service Cycle shall not be counted for purpose of calculating the Service Unavailability Duration of the next Service Cycle.

2.2       Calculation of Service Availability Rate

Service Availability Rate per Service Cycle = (the aggregate time of the Service Cycle - the aggregate time of Service Unavailability of the Service Cycle) / the aggregate time of the Service Cycle x 100%.

2.3       Service Availability Rate Commitment

CTG warrants a service availability rate not lower than 99.95% per Service Cycle for the Services.

Article 3 Exclusions

The duration of unavailability of Party A’s Services will not be considered for the purpose of calculating the Service Unavailability Duration if such unavailability arises from:

1)     system maintenance conducted by Party B with prior notice to Party A, including cutovers, repairs, upgrades and simulated failure drills;

2)     any network or equipment failure of or configuration adjustment to the equipment other than those owned by Party B;

3)     applications of or installation operations by Party A;

4)     hacking attack against the applications or data information of Party A;

5)     negligence on the part of Party A or any operation authorized by Party A;

6)     loss or leakage of data, passwords, codes, and so forth caused by improper maintenance or inadequate confidentiality measures by Party A;

7)     suspension or termination of the services provided to Party A in accordance with laws and regulations, at the request of regulatory authorities or under this Agreement and the policies cited herein;

8)     Force majeure and unforeseen events. A force majeure or an unforeseen event refers to any objective event that is unforeseen, insurmountable and unavoidable and has a significant impact on one or both parties, including but not limited to natural disasters such as fire, flood, earthquake, severe weather, lightning, rainstorm, tempest, plague, epidemic (including COVID-19), and global pandemic or infectious disease, and social events such as act or threat of terrorism, war, military action, explosion, civil unrest, labor shortage or dispute, strike, riot, commotion, change in applicable law, acts of the government or other competent regulatory authority (including, without limitation, regulatory or other telecommunication operators or third party providers or management or other competent bodies), power failure or shortage of power supply, disruption along telecommunications trunk lines, vandalism, hacking, network congestion, technical adjustments in the telecommunications sector, and government regulation.

Party B is not liable for its failure to perform its commitment hereunder due to any cause of exclusion specified in the preceding paragraphs. Where a Party fails to perform this agreement in whole or in part due to a force majeure event, during the time such Party is prevented from performing the provisions hereof affected by such event, such Party will not be held liable for not performing the provisions within the scope of the impact of such force majeure event, provided that a written notice is served on the other Party. The Parties agree to use their best efforts to resume performance hereof once the cause of such exclusion has been corrected and remedied.

In addition to the circumstances set forth under the General Terms of Service, the following circumstances shall not be considered for the purpose of calculating Service Unavailability Duration for the Services:

9)     Delay in message delivery due to reasons attributable to the Customer, including but not limited to slow message consumption on the part of Customer resulting in the accumulation of messages;

10)  Scheduled message delivery errors caused by reasons attributable to the Customer, including but not limited to errors due to inconsistent server clocks and time zones.

Article 4 Service Credit as Compensation

Compensation mode: If CTG fails to fulfill its service availability rate commitment under the SLA, the Customer will be entitled to request compensation therefor in accordance with the SLA. Such compensation provided in the form of service credit in service minutes will be the sole and exclusive remedy offered to the Customer by CTG for its failure to fulfill its service availability rate commitment hereunder.

Time limit for request: For each Service Cycle, the Customer may, upon the settlement of the invoices therefor, submit a request for compensation with respect to the cloud services that fail to meet the service availability rate commitment, provided that such request must be submitted within two (2) months from the end of the Service Cycle during which the failure that is the subject of the Customer’s request occurs. Any late request beyond such time limit will not be accepted. CTG will, in accordance with the SLA, evaluate the Customer’s request in a reasonable manner and decide whether the Customer is eligible for such compensation in good faith.

How to request compensation: The Customer may request compensation by submitting a ticket via the customer center of CTG.

Article 5 The Effectiveness of this Agreement and Miscellaneous

The SLA shall be effective and binding as of the date of application for the Services by the Customer.