Savings Plans Agreement
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Savings Plans Agreement
This Savings Plans Agreement (also referred to as "this Agreement") describes your rights, obligations, and liabilities when using Huawei Cloud Savings Plans (also referred to as "this Service"). Please carefully review and fully understand the terms, especially those highlighted in bold, which have a significant impact on your rights and interests, such as exemption from liability and limitation of liability.
You understand and agree that by using any services in this Agreement, you are deemed to have reviewed and agreed to the "Universal Service Terms" and the service terms dedicated to the services you are using and that this Agreement shall become legally binding on you. If you do not agree to any part or all of the terms in this Agreement, you shall stop using related services.
This Agreement shall be bound by the HUAWEI CLOUD Customer Agreement that you have accepted (the acceptance forms include but are not limited to offline seals and signatures, or you click Agree online when registering or subscribing to services), including the Acceptable Use Policy, Site Terms, Privacy Statement, the related Service Level Agreements (SLAs) referenced in HUAWEI CLOUD Customer Agreement, and other agreements and policies published on the Huawei Cloud official website (collectively referred to as the "Service Agreements"). For the rights and obligations pertaining a specific cloud service, you shall comply with the service statements between you and Huawei Cloud when using the Savings Plans for settlement for that cloud service.
1. Universal Service Terms
1.1 Contracting Entity. This Agreement is entered into by and between Huawei Cloud (or referred to as "we", "us", or "our") and you (or "user"). Once this Agreement takes effect, it is legally binding on you and Huawei Cloud. You acknowledge that you are a natural person, legal person, or organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If you do not have these qualifications, you may not use any Huawei Cloud services. Otherwise, you and your guardian shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to deregister (permanently freeze) your account and claim compensation from you and your guardian. In the event that you register on behalf of a company or other legal entity or use this Service in a manner permitted by Huawei Cloud, you represent and warrant that you have the right to make the company or legal entity bound by the terms of this Agreement.
1.2 Agreement Update. This Agreement is subject to change at any time. We will notify you of any changes to this Agreement by posting a notice on our website or by other means. You can also visit our website to review the latest Agreement. If you do not agree to part or all of the latest Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest Agreement.
1.3 Service Maintenance. We may maintain Savings Plans at any time through upgrading applications, installing patches, fixing bugs, or others. We will make our best commercial efforts to notify you of maintenance events (except for emergency maintenance). You shall agree to make your best, reasonable efforts to comply with any cooperation requirements you are notified of.
1.4 You are committed to being responsible for your end users. If your end users violate laws and regulations when using services related to this Agreement, or improperly use the services and cause damages to any third parties or Huawei Cloud, you will be liable for compensation.
1.5 Our Limited Warranties
1.5.1 The provisioning of a Huawei Cloud service is based on the availability status and product features of the cloud service at the time of provisioning, and does not constitute a commitment of Huawei Cloud to providing the cloud service for a long time after a certain lifecycle of the cloud service.
1.5.2 You understand and agree to the declaration in terms of the SLA in Clause 4.3 "Our Limited Warranties" of the HUAWEI CLOUD Customer Agreement.
1.6 Mutual Representations
1.6.1 You understand and agree that you shall comply with applicable laws and regulations when using this Service. We provide you with standard services only in accordance with your instructions and are not responsible for the legal compliance of your use of this Service. If we reasonably believe that you have violated laws, regulations, or the rights of third parties when using this Service, or violated the terms of related agreements (including Site Terms, Privacy Statement, Acceptable Use Policy, HUAWEI CLOUD Customer Agreement, and other agreements related to you on the Huawei Cloud official website), we have the right to delete prohibited content, prohibit your use of related services and your access to related content, or suspend related services. In addition, you shall compensate for all losses caused to Huawei Cloud due to your faults.
1.6.2 Huawei Cloud provides O&M only for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device fault or network disconnection occurs due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid impact on Huawei Cloud services.
1.6.3 When the lifecycle of a specific cloud service reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will make our best commercial efforts to notify you. After reading and understanding the notification, you shall agree to upgrade related services or migrate related services to updated software and hardware.
1.7 Disclaimers
1.7.1 You understand and agree that we are not liable for unavailability of related services in the following situations:
(1) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the provided information that does not meet service requirements
(2) Service unavailability due to force majeure
(3) Service unavailability due to your reasons or non-Huawei Cloud reasons
(4) Service unavailability during regular service maintenance
1.7.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will make our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not choose to upgrade the cloud service to a new version, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity arrives. In such a scenario, we will not be held liable for any potential service outages arising from the upgrade.
2. Savings Plans Terms
2.1 Services. Savings Plans offer a flexible pricing model that provides savings on Huawei Cloud usage. You can get lower prices compared to pay-per-use pricing in exchange for a commitment to use a specified amount of resources (measured in USD/hour) for a one- or three-year term. After purchasing a savings plan, your hourly usage covered by the savings plan commitment will be billed at a discounted rate. Saving Plans cannot be used for spot ECSs.
2.2 Purchase
2.2.1 You can purchase Savings Plans after reviewing information on the relevant Savings Plans pages on the Huawei Cloud official website and reviewing and agreeing to this Agreement.
2.2.2 You understand and agree that the cloud services, instance types, and specifications that can be purchased with a savings plan are subject to change and are specified on the purchase page. Huawei Cloud has the right to occasionally adjust the cloud services, instance types, and specifications available for a savings plan. Such adjustments, however, will not affect your ongoing services.
2.2.3 Huawei Cloud provides you with three payment options, and you can choose any of them as needed.
(1) All upfront: You pay off the total commitment of a savings plan in a single, upfront payment. This gives you the greatest discount.
(2) Partial upfront: You pay 50% of the total commitment of a savings plan up front, and the remaining will be billed on an hourly basis at a moderate discount.
(3) No upfront: You do not need to pay anything up front. A fixed amount will be deducted from your savings plan on an hourly basis at a less discount.
2.2.4 You can purchase multiple savings plans at the same time. When you purchase a savings plan, the committed hourly usage will immediately be billed and deducted from the savings plan. If you have multiple savings plans, Huawei Cloud will deduct the committed hourly amount from all effective savings plans.
2.2.5 The contract between you and Huawei Cloud goes into effect when you purchase savings plans. Both parties shall fulfill the obligations as agreed. If you unilaterally request to unsubscribe from any savings plans, Huawei Cloud has the right to reject your request and you shall continue to fulfill obligations.
2.3 Use
2.3.1 After you purchase Savings Plans, you may not transfer them to another Huawei Cloud account.
2.3.2 The pay-per-use instances are billed as follows within the validity period of Savings Plans:
(1) If your hourly pay-per-use resource usage is covered by the hourly commitment (at the discounted rate), you will be billed only the hourly commitment.
(2) If your hourly pay-per-use resource usage is beyond the hourly commitment (at the discounted rate), the uncovered usage will be billed at the standard pay-per-use rate.
2.3.3 When you purchase Savings Plans, you may not unilaterally unsubscribe from them before they expire, unless there are special reasons. If Huawei Cloud approves your unsubscription, Huawei Cloud has the right to request that you pay for the difference at the standard pay-per-use rates or to withdraw the discounted amount in other equivalent ways.
2.3.4 Huawei Cloud has the right to unilaterally terminate this Agreement if you refuse to pay for the remaining part in the Savings Plans purchased under abnormal transactions (including but not limited to abnormal prices and discounts) due to system faults, and you shall pay all immediately on the effective date of termination.
2.3.5 If your account is in arrears and you cannot pay the fixed hourly amount when you choose partial upfront or no upfront, your Savings Plans shall be in arrears immediately, and your pay-per-use resource usage will not be deducted from the Savings Plans from the next hour.
2.4 Definitions
2.4.1 Fixed hourly amount (hourly commitment): This refers to the hourly amount of usage that you commit to when purchasing a savings plan. The amount will be deducted from your account balance by the hour within the validity period of the savings plan.
2.4.2 ECS Savings Plans: Huawei Cloud provides ECS Savings Plans for pay-per-use ECSs. These savings plans can only be used for specific instance types in a chosen region, regardless of the instance size.
2.4.3 Spot pricing: Huawei Cloud provides available compute resources at a discount. The price varies with the market supply and demand in real time. ECSs that use spot pricing are called spot ECSs.
2.4.4 Huawei Cloud official website: This refers to the websites with the domain name huaweicloud.com.
Last updated: June 30, 2023