To use Tencent Cloud Managed Security Service (hereinafter referred to as "the Service"), you must read and comply with this Managed Security Service Level Agreement (hereinafter referred to as "this Agreement" or "SLA") as well as the Tencent Cloud Service Agreement. This Agreement sets forth the terms and definitions, service availability, compensation scheme, disclaimers, and other related matters concerning the Service. Please read and fully understand each clause carefully. Restrictive and disclaimer clauses or other clauses involving your significant rights and interests may be highlighted in bold or underlined for your special attention. Please do not purchase or use the Service unless you have fully understood and accepted all the terms of this Agreement. By clicking "Agree", "Next", or by purchasing or using the Service, or by any other express or implied means indicating acceptance of this Agreement, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall become a legally binding document between you and Tencent Cloud.
1. Terms and Definitions
1.1 Managed Security Service
Managed Security Service refers to the managed security service displayed on the official website of Tencent Cloud (www.tencentcloud.com) provided to you. You may select and purchase the appropriate service specifications according to your needs. The specific service shall be subject to the service specifications you purchase and the service content provided by Tencent Cloud.
1.2 Service Validity Period
The Service Validity Period refers to the agreed time frame during which the Service will be performed after you purchase the Service.
1.3 Service Validity Period Timeout
Service Validity Period Timeout refers to the failure to complete the agreed Service within the time frame specified in this Agreement.
1.4 Service Response Time Timeout
Service Response Time Timeout refers to the failure to respond within the service response time specified in this Agreement.
1.5 User Request Initiation Time
User Request Initiation Time refers to the system-recorded time when the MSS Team successfully receives a valid service request submitted by the User via the mutually agreed email addresses or Instant Messaging Platforms (hereinafter referred to as "IM Platforms"). Requests delivered through any other channels shall not be deemed valid service requests.
2. Service Availability
2.1 Service Validity Period and Response Time
The service availability of the Service refers to the service validity period or response time as agreed in this Agreement entered between Tencent Cloud and you. Service response time covers two scenarios:
(1) The interval between your submission of a specific service request via email or pre-agreed IM Platforms and the MSS team's feedback on the service implementation plan and schedule via email or pre-agreed IM Platforms.
(2) The interval between the detection and alerting of a "High" or "Critical" event by a cloud security product or service monitoring system (the system alert time being the "security event discovery time") and the MSS team's feedback on the risk analysis and remediation plan via email or pre-agreed IM Platforms.
Formula: Service Response Time = MSS Team Response Time − User Request Initiation Time / Security Event Discovery Time
2.2 Service Response Metrics Standards
The response time for Tencent Cloud MSS depends on the service content you purchase. If no special provisions are made in the contract between you and Tencent Cloud, the relevant service response times are shown in the table below. If the standards set forth below are not met (except where disclaimers apply), you may be entitled to compensation in accordance with Article 3 of this Agreement. Unless otherwise provided in this Agreement, all references to time in Section 2.2 refer to the User's local standard time.
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Security Assessment | Response within 2 hours (10:00–12:00, 14:00–17:00 on working day); assessment report delivered within 5 working days. |
Risk Management | Response within 2 hours (10:00–12:00, 14:00–17:00 on working day); detection report delivered within 3 working days after completion of security risk detection. |
Threat Management | Response within 2 hours (10:00–12:00, 14:00–17:00 on working day); event analysis conclusions and recommended remediation actions synchronized within 4 hours after a "Critical" or "High" severity alert appears in the security product console. |
Security Hardening | Response within 4 hours (10:00–12:00, 14:00–17:00 on working day); and provide a detailed risk remediation plan and recommendations. |
Emergency Response | Response within 1 hour (10:00–12:00, 14:00–17:00 on working day). |
3. Compensation Scheme
If the service availability falls below the standards, you shall be entitled to compensation in accordance with the following clauses:
3.1 Compensation Standards
(1) Compensation shall be issued in the form of Tencent Cloud vouchers. You shall comply with the usage rules of the vouchers (including validity period, etc., subject to the voucher rules published on the official Tencent Cloud website). 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 Tencent Cloud account. They cannot be used to purchase other Tencent Cloud services, nor can they be transferred or gifted.
(2) If the service availability of the Service fails to meet the standards agreed in this Agreement, resulting in a Service Validity Period Timeout or Service Response Time Timeout, compensation shall be made on a pro-rata basis. (For the purposes of this clause, "service fee" refers to the actual cash amount paid by you, excluding the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted)
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Service Validity Period Timeout | 10% of the service fee |
Service Response Time Timeout | 50% of the 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 believe that the Service has not met the service availability standards, you may apply for compensation claim within the time limits prescribed in this SLA. Where necessary, Tencent Cloud may require you to provide the following information, which you will need to provide:
(1) A detailed incident report, including date, time, duration, and other relevant details regarding the service unavailability.
(2) Any other information reasonably requested by Tencent Cloud.
4. Disclaimers
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 Service unavailability or failure to meet standards caused by your actions that pose a security threat to Tencent Cloud's services, or that involve fraud or illegal activities.
4.2 Service unavailability or failure to meet standards caused by equipment, software, or technology of you or any third party (not directly controlled by Tencent Cloud).
4.3 Service unavailability or failure to meet standards caused by your failure to configure or use the product in accordance with Tencent Cloud's specifications.
4.4 Service unavailability or failure to meet standards caused by your violation of any Tencent Cloud product terms.
4.5 Service unavailability due to your failure to pay the full amount due because of an insufficient account balance.
4.6 Service unavailability or failure to meet standards caused by important failure of network operators.
4.7 Service unavailability or failure to meet standards caused by your non-compliant or illegal use of Tencent Cloud products.
4.8 Service unavailability or failure to meet standards caused by network, hardware, or service maintenance or upgrades (Tencent Cloud will provide advance notice of maintenance schedules in accordance with reasonable commercial principles).
4.9 Service unavailability or failure to meet standards caused by force majeure events.
4.10 Service unavailability or failure to meet standards caused by your failure to promptly address risks after a remediation plan was provided.
4.11 Service unavailability or failure to meet standards caused by reasons not attributable to Tencent Cloud.
4.12 Service unavailability or failure to meet standards caused by your non-standard or erroneous actions during incident handling.
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 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. If the service period exceeds 12 months, Tencent Cloud's maximum compensation liability shall not exceed the total fees paid by you for the Service in the 12 months preceding the occurrence of the damage. For the avoidance of doubt, such fees refer to the actual cash amount paid by you for the Service usage, excluding the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted exclude.
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.