OneNET View2.0 data visualization service level protocol
The Service Level Agreement (“SLA”) specifies the service availability level index and compensation scheme of OneNET View data visualization (“View”) provided by OneNET to the customers. You shall read and comply with the Agreement. The Agreement covers the definition of the Service, the service availability, the compensation scheme, the exemption provisions, etc. Please read carefully and completely understand the individual provisions. Restrictions, exemption provisions or other provisions involved with your major rights or interests may be highlighted in bold form.
Prior to use of the Service, please carefully read, completely understand and accept all provisions of the Agreement. If you confirm or purchase or use the service via the website, or if you accept the Agreement by any other express or implied means, you shall be deemed to have read and agreed to the binding force of the Agreement. The Agreement will have legal effect between you and China Mobile IoT Company Limited, and become a legal document binding on both parties.
1. Definition
OneNET View2.0 data visualization service: means a series of services and functions of data entry, analysis and visual display on OneNET platform by using the rich visualization components and templates provided by OneNET platform.
Service cycle: a service cycle is a calendar month. If it is shorter than one month, it will not be deemed as a service cycle.
Service fees: the fees paid by a customer to OneNET within a service cycle. Total service availability time: calculated with the total days within a service cycle ∗ 24 (hours) ∗ 60 (minutes).
Service unavailability time: means that in a certain period of time, when all continuous attempts by a customer to request services with OneNET fail, the service is deemed to be unavailable in the said period of time. The sum of minutes in a service cycle when OneNET is unavailable is the service unavailability time.
2. Service availability
2.1. Calculation method for service availability
The service availability of OneNET View service is calculated by the service cycle, and it is calculated according to the OneNET account of customers.
Service availability of OneNET View service = (total availability time – unavailability time)/total availability time X 100%。
2.2. Service availability guarantee
The OneNET View service availability shall be at least 99.9%. If the above service availability guarantee is not achieved, the customer can be compensated according to Clause 3 of the Agreement.
3. Compensation scheme
For the Service, in case of service availability below the criteria, you are entitled to be compensated according to the following provisions:
3.1. Compensation criteria
Based on the service availability of a service cycle, the compensation amount is calculated according to the criteria in the table below.
3.2. Time limit for compensation claim
After the fifth (5th) working day of each calendar month, the customer can claim for compensation only through the work order system of your corresponding account. Any claim for compensation raised will be verified by China Mobile IoT Company Limited accordingly. With regard to calculation of the service availability, in case of any dispute, both parties agree that the background record of China Mobile IoT Company Limited shall prevail. Claims for compensation must be raised within two (2) months after the end of the month in which OneNET View service fails to achieve the guaranteed availability. If the claim for compensation is raised beyond the specified time limit, it shall be deemed as a waiver of the right for the claim by the customer.
4. Exemption provision
For service unavailability due to the following reasons, the corresponding service unavailability time is not included in the calculation of service unavailability or in the compensation scope of China Mobile IoT Company Limited, and China Mobile IoT Company Limited shall not assume any liability to you:
(1) System maintenance with prior notice to the customer, including cutover, repair, upgrading and fault simulation drill;
(2) Failure or configuration adjustment to any network or equipment other than the equipment of OneNET;
(3) Hacking to the customer’s application or information;
(4) Loss or disclosure of data, token or password caused by improper maintenance or confidentiality of the customer;
(5) Negligence of the customer or any operation authorized by the customer;
(6) Customer’s failure to observe the OneNETView2.0 usage documentation or recommendations;
(7) Unstable data source of the user or user configuration problems;
(8) Shutdown of the Service due to use of the View visualization service to create pornographic, violent, gambling, fraud and other related illegal item;
(9) Service unavailability or non-complaint service due to non-CMIoT reasons;
(10) Force majeure.
(11) Other non-OneNET reasons.
5 Others
Both parties acknowledge and hereby recognize that under any circumstance, for any loss incurred to you due to the breach by CMIoT in the process of using the Service, the total amount of liquidated damages for breach by CMIoT shall not exceed the total service fees you have paid for the defaulted service.
OneNET reserves the right to modify the terms of the SLA. In case of any modification to the terms of the SLA, OneNET will notify you 30 days in advance by means of announcement on the website or via email. If you do not accept the modification to the SLA by OneNET, you are entitled to stop using the OneNET View service. If you continue to use the OneNET View service, it is deemed that you have accepted the modified SLA.