TWCC Service Level Agreement (SLA)

Version 2024/03/11 V1

This Taiwan Web Service Corporation Service Level Agreement (this “SLA”) is an agreement between Taiwan Web Service Corporation (hereinafter as “TWS”) and Customer with respect to the use of Taiwan Computing Cloud (hereinafter as “TWCC”). This SLA constitutes an integral part of TWS Service Agreement between TWS and Customer. In the event of any inconsistency between the terms of this SLA and the terms of the TWS Service Agreement, the terms and provisions of this SLA shall govern and control, but only to the extent of such inconsistency.

From time to time TWS will update the terms of this SLA on its official website, and the latest version shall apply to both parties.

1. Definition:

1.1 Downtime: A period of time when Customer is unable to use Service. Downtime is measured based on server side error rate.

1.2 Service Credit: a credit based on NTD. If Service applied does not meet SLO (defined as below), Customer may, in accordance with the terms and conditions of this SLA, apply for credit(s) to offset monthly service fee of affected service.

1.3 Monthly Uptime Percentage: total number of minutes in operating time minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in operating time.

2. Service Level Objective and Service Credit

2.1 TWS’s goal is to provide Service which Monthly Uptime Percentage is greater than or equal to a certain percentage (“Service Level Objective”, hereinafter as “SLO”); each percentage is specified as follows:

Service item Percentage
High-performance Computing 99.9%
Container Compute Service 99.9%
Virtual Compute Service 99.95%
Cloud Object Storage 99.95%
Hyper File System 99.95%
Virtual Disk Service 99.95%
Internet Connection 99.95%
Cloud File Service 99.95%
T-Proof 99.9%
OneAI —
 OneAI — Training Job 99.9%
 OneAI — Container Service 99.9%
 OneAI — Storage Service 99.9%
AI Foundry Service —
 Platform 99.9%
 Cloud 99.9%
 ModelSpace 99.9%

2.2 If Service applied does not meet SLO, Customer may apply for Service Credit according to Paragraph 3, Article II of this SLA. The quota of Service Credit is calculated by multiplying monthly service fee of affected service and percentage of Service Credit (as shown in the table below). If granted, such quota will be used to offset service fee for the next month. The percentage of monthly bill for the respective affected Service which does not meet SLO will be credited (“Percentage of Service Credit”) as followed:

(1) Service items with an SLO percentage of 99.9%:

Monthly uptime percentage Credit percentage
Less than 99.9% (but equal to or greater than 99.0%) 10%
Less than 99.00% (but equal to or greater than 95.0%) 25%
Less than 95.00% 50%

(2) Service items with an SLO percentage of 99.95%:

Monthly Uptime Percentage Credit percentage
Less than 99.95% (but equal to or greater than 99.0%) 10%
Less than 99.00% (but equal to or greater than 95.0%) 25%
Less than 95.00% 50%

3. Application of Service Credit.
(1) To receive Service Credits, Customer must notify TWS customer support (please refer to our website for details) within 30 days from the time Customer becomes eligible to receive Service Credit. TWS will make a resolution of the request based on all reasonably available information in good faith. If such request is approved, TWS will calculate and offset monthly service fee within 60 days after receiving Customer’s notice.
(2) Given any of the following circumstances, TWS may not provide Service Credit:
A. Customer is not qualified for Service Credit;
B. Customer does not notice TWS in accordance with the terms and regulations of this SLA;
C. Customer is in breach of this SLA or TWS Service Agreement;or
D. Any other circumstances that Customer is deemed to be disqualified for Service Credit by TWS.
(3) Customer who orders Service from a reseller of TWS must notify such reseller according to the same procedure to receive Service Credit. Customer whose application meets requirements of this SLA will receive Service Credit and offset of monthly service fee directly from the reseller; the reseller will receive Service Credit directly from TWS.

4. Limitation of Service Credit.
(1) Service Credit will be calculated based on service fee of affected service as agreed on the TWS Service Agreement multiplied by Percentage of Service Credit. The total maximum number of Service Credit that occurs in a single month will not exceed the upper limit of the amount due by Customer for the applicable month. Customer shall not request TWS to convert Service Credit into cash or any other refund form.
(2) Service Credit is the sole and exclusive remedy for any claims related to SLO under this SLA. Customer shall not request reduction or refund of service fee already paid, nor shall Customer claim any other relief.

3. SLA Exclusions

3.1. Excluded Downtime and Monthly Uptime Percentage: Any downtime caused by the following circumstances does not factor into the calculation of Downtime and/or Monthly Uptime Percentage:
(1) Force Majeure or Factors Outside the Reasonable Control of both Parties: Including but not limited to natural disaster, fires, floods, power-off, infectious diseases, changes of policies or laws, acts of terrorism, embargo, blockade, riots, lock outs or disorders, wars, or any other service suspension or termination, partly or in whole, caused by Force Majeure event.
(2) Factors not Attributable to TWS: Failure caused by services, software or hardware not provided by TWS, external network or device malfunction, or any other incidents caused by Customer’s equipment and/or third-party equipment that are not attributable to TWS, including but not limited to abnormal power supply, service interruption or disruption resulting from inadequate bandwidth of internet operators.
(3) Customer’s Illegal Use, Breach of Contract or Inappropriate Behavior: Such as Customer’s illegal or unauthorized behavior, Customer’s breach of TWS Service Agreement or any other terms of use, or Customer’s use of Service that is inconsistent with TWS’s suggestion, including but not limited to input wrong command or argument, or Customer’s attempt to perform operations that exceed prescribed quotas.
3.2. Protection and Restriction: If there is any suspected abuse of Service, TWS may suspend or restrict Customer’s right to access Service.
3.3. Regular Maintenance: TWS may arrange facility maintenance, system check, patches update and any other maintenance operation. Shutdown due to maintenance operation is expected to not exceed 24 hours within a calendar year. All maintenance operation will be announced 7 calendar days in advance. Once an announcement is made, Customer shall arrange its schedule accordingly. TWS will not be liable to Customer for any claims arising as a consequence of Customer’s failure to comply with the foregoing obligation.