Service Level Agreement
This Service Level Agreement for OceanBase Cloud Services (“SLA”) forms an integral part of the OceanBase Cloud Services Agreement (“CSA”) and applies only to OceanBase Cloud Services production clusters, excludingproof of concept purpose, and any feature(s) in any beta version.
This SLA sets out the expected Service Guarantee that we must meet and the Service Credits that shall become due to you in the event of any failure to meet our Service Guarantee. All capitalised terms not defined in this SLA shall have the respective meanings set forth in the CSA. For the customers of the OceanBase Cloud Services registered prior to the last updated date, this SLA will be effective on August 31, 2022.
1. Scope and Definitions
1.1 “Downtime” means the total number of minutes that a single OceanBase Cloud Services cluster is unavailable in the month. A minute is considered unavailable if all attempts from OceanBase Cloud Services servers to establish a connection to the cluster fail during one (1) minute. In the circumstance where an OceanBase Cloud Services production cluster is deployed on a date that is not the first day of the month (“Deployment Date”), the OceanBase Cloud Services production cluster is deemed to be 100% available during the period from the first date of the month to the Deployment Date (both dates inclusive).
1.2 “Exclusions” means any unavailability, suspension, or termination of the OceanBase Cloud Services that is due to any of the following:
(a) termination or suspension described in Sections 6 and 7 of the CSA, respectively;
(b) any problem, event or delay that is outside our reasonable control (including, without limitation, a Force Majeure Event);
(c) events that result from any actions or inactions on your part in connection with your use of the OceanBase Cloud Services, including, without limitation:
(i) loss or leakage of data or passwords caused by you;
(ii) you having not followed the applicable Documentation, the CSA, our instructions or appropriate safety practices; and
(iii) any such event caused by your operation(s) or any operation(s) authorised by you;
(d) events that arise out of Third-party Products and Services, Customer Data, or any modification of the OceanBase Cloud Services by you or a third party without our written consent;
(e) events that result from your failure to adhere to any required configurations for the use of the OceanBase Cloud Services, including without limitation:
(i) overloading a database instance so that such database instance is inoperable, and
(ii) creating an excessively large number of tables leading to significant increase of the recovery time;
(f) events that result from your illegal or unlawful use of the OceanBase Cloud Services;
(g) events that result from your breach of any of the terms and conditions of the CSA, DPA, and Acceptable Use Policy;
(h) events that result from your non-payment of any Charges and fees payable to us;
(i) events that result from any defect, error, malfunction or failure of relevant telecommunications carrier service, Internet service provider(s), third party’s network that is not under our control, or the third party’s data centre that is not hosted by us;
(j) any cyber-attack on your application or the data thereof; and
(k) Scheduled Downtime.
1.3 “Monthly Service Fee” means the total Charges paid by you under the relevant Order Form for the OceanBase Cloud Services in one billing month. For the upfront lump sum payment paid by you for the OceanBase Cloud Services, Monthly Service Fee equals to the lump sum payment divided by the number of months of the OceanBase Cloud Services covered by such payment under the relevant Order Form.
1.4 “Monthly Uptime Percentage” means a percentage of OceanBase Cloud Services availability calculated by reference to the following formula:
1.5 “Scheduled Downtime” means the periods of Downtime relating to network, hardware, system, or service maintenance or upgrades or updates, which includes scheduled, urgent or emergency maintenance, upgrades or updates. We will use commercially reasonable endeavours to provide written notice to you prior to the commencement of Scheduled Downtime.
1.6 “Service Credit” means the percentage of the Monthly Service Fee for the affected OceanBase Cloud Services that is credited to you for a validated claim following our service credit claim process under Section 3 of this SLA.
1.7 “Service Guarantee” shall have themeaning set forth in Section 2 of this SLA.
2. Service COMMITMENT
We shall use commercially reasonable endeavours to provide a Monthly Uptime Percentage of no less than 99.99% in each billing month in connection with your use of the OceanBase Cloud Services (the “Service Guarantee”). If we fail to meet the Service Guarantee, subject to the terms and conditions of this SLA and the CSA, you shall be entitled to claim a Service Credit in accordance with Section 3 of this SLA. The Service Guarantee does not apply to any unavailability, suspension or termination of the OceanBase Cloud Services, or any other performance issues resulting from or in connection with the events described in the Exclusions.
3. Service Level claims; Service Credit
3.1 If you reasonably believe that the Service Guarantee in connection with your use of the OceanBase Cloud Services is not met in any billing month, you may file a claim for Service Credit in accordance with this Section 3.1. Your claim must include at least the following information:
(a) a detailed description of the incident, including the logs or messages for request failure documenting the errors and claimed outage, and your attempts to resolve the Downtime at the time of occurrence;
(b) the date, time and duration of the Downtime;
(c) information relating the affected instances, including the affected instance IDs; and
(d) any other information that we reasonably ask you to provide to support your claim.
3.2 You must log a support ticket with us via email (support@oceanbase.com) within twenty-four (24) hours of first becoming aware of an event that impacts service availability. Your claim for a Service Credit must be received by us within thirty (30) days after the last day of the billing month of occurrence of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such Service Credit, if any. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit to you as early as possible.
3.3 If we, after our good faith review of your claim, determine that a Service Credit must be provided to you, the Service Credit shall be calculated on the following basis:
| Monthly Uptime Percentage | Service Credit Percentage |
| Less than 99.99%, but equal to or greater than 99% | 10% |
| Less than 99%, but equal to or greater than 95% | 25% |
| Less than 95% | 100% |
3.4 Wewill apply any Service Credits only against future payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from us. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
3.5 The Service Credit provided in any billing month will not, under any circumstance, exceed your Monthly Service Fee under the relevant Order Form for the OceanBase Could Services in the billing month.
3.6 The Service Credit provided to you must be used within one (1) month from the date the Service Credit is made available for you to use.
3.7 You agree that any decision or determination made by us relating to your claim for any Service Credit shall be final and binding on you.
4. Additional Terms
4.1 In the event of any inconsistency between your records and our system records relating to your claim, unless the discrepancy is caused by any material error or malfunction of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.
4.2 We may modify this SLA at any time by posting a revised version on the Site or by otherwise notifying you in accordance with Section 14.9 of the CSA. If you disagree with our changes to the SLA, you have the right to stop using the OceanBase Cloud Services, and if you continue to use the OceanBase Cloud Services, you are deemed to have accepted the modified SLA.
4.3 The Service Credits provided in this SLA are your sole and exclusive remedy and our sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the OceanBase Cloud Services, and we shall not be liable to the you or any Person claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including without limitation, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise.
4.4 This SLA shall constitute part of the CSA for your purchase and use of the OceanBase Cloud Services.
