This DataMesh Service Level Agreement (SLA) applies to your purchase of use of the DataMesh Services(“Service”) under the terms and conditions of the DataMesh Product Terms of Service(“Product Terms”) between the relevant DataMesh entity described in the Product Terms(“DataMesh”, “us”, or“we”) and you, this SLA will take effect from the date________.
1.Monthly Uptime Percentage
????ℎ?? ?????? ??????????=Monthly Uptime Percentage= 100%∗total operating minutes in a calendar month−Downtimetotal operating minutes in a calendar month100%∗total operating minutes in a calendar month−Downtimetotal operating minutes in a calendar month
The uptime is calculated from the date when the customer requests to activate the use of product or service according to the contract.
2.Service indicator commitment
2.1 Service indicators: Through commercial and technical efforts, the Monthly Uptime Percentage of DataMesh is above 95%. If DataMesh fails to meet the above targets, the customer can raise a claim in accordance with Section 3 of this SLA.
2.2 DataMesh does not take any responsibility to the customer when occur any unavailability, suspension, or termination of the Service that is due to any of the following:
（1）events that result from early notifications of DataMesh to customers for system maintenance, including regular repairs and upgrades, etc. (in principle, no more than 8 hours per month, except for special circumstances);
（2）events that arise out of your or any third party (not under our direct control) equipment, software, and/or technology;
（3）events that result from improper maintenance, use or confidentiality, leading to the loss or leakage of data, passwords, codes, etc.;
（4）events that result from the negligence of the customer or operation authorized by the customer;
（5）events that result from your failure to adhere to any required configurations for the use of the Service;
（6）events that result from force majeure such as earthquakes, natural disasters, national and local policies, etc.;
（7）events that result from your illegal or unlawful use of the Service, or your breach of any of the terms and conditions of the DataMesh Product Terms;
3.Claims and Payment Process
According to the Monthly Uptime Percentage of a customer account, the Service Credit will be made by the following table:
|Monthly Uptime Percentage||Service Credit Percentage|
|Service availability rate <95%||20% of purchased service fee|
The DataMesh assigns an equal amount of Service Credit in the form of a voucher to the customer’s account, the above vouchers are valid for three months from the date of issuance. Customers shall only apply within this period according to this SLA, applications exceeding the time limit will not be accepted. Compensated vouchers are only for purchasing products and services related to DataMesh, not discounted.
4.1 The two parties confirm and acknowledge that: in any case, if the losses to the customer are due to the breach of Datamesh during the period of using the product or service of DataMesh, the total amount of claim should not exceed the corresponding amount paid by the customer. For disputes of this service and related disputes, both parties should file a lawsuit with the local People’s Court where DataMesh is located, and the laws of the People’s Republic of China shall apply.
4.3 We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA on social media (including but not limited to WeChat public account, pop-up advertise websites, etc.) and DataMesh Official Website. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA; If The customer does not agree with the revised agreement, the customer must stop using the service. Customers can visit https://www.datamesh.com/ for the latest version of the Terms of Service.