To use the (“Service”), you shall read and comply with this Bastion Host Service Level Agreement (“Agreement” or the “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains the terms and definitions of the Service, Service availability/Service success rate grade indicator, compensation plan, disclaimer, and other relevant contents. Please be sure to read and fully understand the terms and conditions of this Agreement. Limitations, disclaimers, and other terms involving your material rights and interests may prompt your attention in bold, underlined, etc. Please do not purchase or use the Service unless you have fully understood, and accepted all the terms of this Agreement. By clicking “Agree” or “Next”, or purchasing or using the Services, or accepting this Agreement in any other explicit or implicit manner, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall have legal effect between you and Tencent Cloud and shall become a legally binding document for both parties.
1. Terms and Definitions
1.1 Bastion Host
The Bastion Host Service provided by Tencent Cloud refers to the service whereby Tencent Cloud deploys instances of the Service in your Virtual Private Cloud (VPC) and acts as a proxy gateway, so as to record and audit commands issued to Tencent Cloud Virtual Machines (CVM) and their operating systems. The specific service content shall be subject to the service you purchase and the service contents provided by Tencent Cloud.
1.2 Monthly Service Fee
“Monthly Service Fee” refers to the total amount of service fee actually consumed by you in a Service Month. If you purchase multiple prepaid packages at one time, the Monthly Service Fee will be based on the actual consumption in the Service Month, excluding the purchased but unconsumed portion. If you purchase an annual subscription, the Monthly Service Fee is calculated by averaging the annual fee to each month.
1.3 Service Month
“Service Month” refers to each natural month included in the service term of the Service you purchase. For example, if you purchase the Service for three months, and the date of service opening is March 17, then four Service Month are included, of which the first Service Month refers to March 17 to March 31, the second Service Month refers to April 1 to April 30, the third Service Month refers to May 1 to May 31, and the fourth Service Month refers to June 1 to June 16. Service Availability will be accounted separately for each Service Month.
1.4 Service Unavailable Minutes within the Service Month
A minute shall be counted as “Service Unavailability Time” in the Service Month if and only if one of the following unavailability scenarios occurs continuously during such minute:
(1) Management Function Unavailability
Management Function Unavailability means that administrator accounts and all O&M personnel accounts fail to log into the management interface and related function configuration items of the Bastion Host service following the procedures specified in the Operation Guide, even with correct account credentials entered and in compliance with account management policies (time restrictions, IP restrictions, behavior restrictions).
Management Function Unavailable Duration: The total time interval between two Management Function Unavailability events occurring within any five-minute period.
(2) Protocol Proxy Unavailability
Protocol Proxy Unavailability means that O&M accounts fail to normally access Tencent Cloud resources through the service after successful login, provided that all product policies are correctly configured in full accordance with the Operation Guide.
Protocol Proxy Unavailable Duration: The total time interval between two Protocol Proxy Unavailability events for a single account of the service within any five-minute period.
(3) Audit Log Unavailability
Audit Log Unavailability means that the service fails to generate in-product logs for O&M operations when O&M personnel access and operate cloud resources through the service, provided that the service’s audit policies are fully configured in accordance with the Operation Guide and not disabled midway.
Audit Log Unavailable Duration: The total duration of lost logs and operation recordings within the service cycle.
Any period of less than one (1) minute shall not be counted as Service Unavailability Time.
1.5 Total Service Minutes within the Service Month
“Total Service Minutes within the Service Month” is calculated as number of days in the Service Month × 24 (hours) ×60 (minutes).
2. Service Availability
2.1 Calculation of Service Availability
“Service Availability” is calculated based on a single instance as follows: “Service Availability” = (1- Service Unavailable Minutes within the Service Month/Total Service Minutes within the Service Month ) 100%.
2.2 Service Availability Standard
The Service Availability of the Service provided by Tencent Cloud shall not be less than 99.9% (“Service Availability Standard”). If the Service Availability Standard is not met (excluding cases covered by disclaimers), you shall be entitled to compensation in accordance with Article 3 of this Agreement.
3. Compensation Plan
For the Service, if the Service Availability is lower than the Service Availability Standard, you shall be entitled to compensation as per the following terms:
3.1 Compensation Standard
(1) Compensation will be provided in the form of vouchers issued by Tencent Cloud, and you must comply with vouchers usage rules (including usage period, etc., subject to the voucher-related rules published on the website of Tencent Cloud). The vouchers issued cannot be exchanged for cash, or be accompanied by invoices. Such vouchers can only be used to purchase the Service through your corresponding Tencent Cloud account, and cannot be used to purchase other services provided by Tencent Cloud. The vouchers cannot be transferred or gifted, etc.
(2) If the Service Availability Standard of the Service in this Agreement is not met in a Service Month, the amount of compensation will be calculated for such month independantly, and the aggregate amount shall be no more than the applicable Monthly Service Fee paid by you for such month (excluding the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted).
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Less than 99.9% but equal to or higher than 99.0% | 10% of Monthly Service Fee |
Less than 99.0% but equal to or higher than 98.0% | 20% of Monthly Service Fee |
Less than 98.0% | 50% of Monthly Service Fee |
3.2 Time Limit for Compensation Application
(1) If the Service Availability in a Service Month fails to meet the above-mentioned Service Availability standard, you may apply for compensation through (and only through) the support ticket system under your relevant account after the fifth (5th) business day of the month immediately following such Service Month. Tencent Cloud will verify and ascertain your application upon receipt of such application. If there is any dispute over the calculation of the Service Availability for a Service Month, both parties agree that the back-end record of Tencent Cloud will prevail.
(2) You should apply for such compensation no later than sixty (60) calendar days following the expiry of the applicable Service Month in which the Service Availability fails to meet the standard. If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against Tencent Cloud, in which case Tencent Cloud has the right to reject your application for compensation and not to make any compensation to you.
3.3 Required materials for Compensation Application
If you think the Service Availability in a Service Month fails to meet the above-mentioned Service Availability standard, you may apply for compensation within the above-mentioned Time Limit. Tencent Cloud may require you to provide the following materials, which you will need to provide:
(1) A detailed incident report.
(2) Detailed information on the Service Unavailability including but not limited to the date, time and duration.
(3) Relevant information of resource nodes involved in the Bastion Host, including IP addresses, open ports, service protocols, etc.
(4) Any other information that Tencent Cloud may reasonably ask you to provide.
4. Disclaimer
If the Service is unavailable due to any of the following reasons, the corresponding service unavailability shall not be counted as Service Unavailability time, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you:
4.1 maintenance operations by Tencent Cloud, such as system cutovers, repairs, upgrades, or fault simulation drills.
4.2 unavailability caused by failure or adjustment of networks/equipment outside Tencent Cloud’s control.
4.3 unavailability resulting from your application programming interface (API) or data being attacked by hackers or subject to other malpractice.
4.4 unavailability caused by improper maintenance, failure to safeguard data, passwords, credentials, etc., leading to loss or leakage.
4.5 unavailability caused by your negligence, misoperation or actions authorized by you, by your own equipment or third-party software or equipment.
4.6 unavailability caused by your failure to follow Tencent Cloud product documentation or guidelines.
4.7 unavailability due to your use of the Service exceeding the service capacity limit of the current version.
4.8 unavailability or failure to meet the service standard due to reasons not attributable to Tencent Cloud.
4.9 unavailability during the period of service for free.
4.10 unavailability caused by your failure to renew the subscription, resulting in the expiration and decommissioning of the Bastion Host and the Cloud Server.
4.11 unavailability caused by issues with other components in the Bastion Host product framework (e.g., manual shutdown of Cloud Servers, closure of access ports on target servers, etc.).
4.12 unavailability caused by failures of the terminal's own hardware, operating system or software (e.g., SSH tools) used for the Bastion Host product.
4.13 any situation where Tencent Cloud is released from liability or compensation as described in applicable laws and regulations, relevant agreements, or rules published by Tencent Cloud.
5. Miscellaneous
5.1 The parties hereto acknowledge and agree that, for any losses incurred by you during the course of using the Service due to any breach by Tencent Cloud, the aggregate compensation amount payable by Tencent Cloud shall under no circumstance exceed the total Service Fees you have paid for the relevant Service which is in default.
Should the service period exceed 12 Service Months, Tencent Cloud's maximum compensation liability shall not exceed the total fees paid by you for this Service in the 12 Service Months preceding the occurrence of the loss. Ffor the avoidance of doubt, such fees refer exclusively to actual cash amounts paid for Service usage, excluding the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted.
5.2 Tencent Cloud has the right to amend the terms of this Agreement as appropriate or necessary in light of changes in due course. You may review the most updated version of relevant Agreement terms on the official website of Tencent Cloud. If you disagree with such revisions made by Tencent Cloud to this Agreement, you have the right to cease using the Service; by continuing to use the Service, you shall be deemed to have accepted the Agreement as amended.
5.3 As an ancillary agreement to the Tencent Cloud Service Agreement, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement. In respect of any matter not agreed herein, you shall comply with relevant terms under the Tencent Cloud Service Agreement. In case of any conflict or discrepancy between this Agreement and the Tencent Cloud Service Agreement, this Agreement prevails to the extent of such conflict or discrepancy.