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IBM Bluemix Operated by 21Vianet Service Description for free trial

Last Updated: Nov 11, 2016

This Service Description describes the Cloud Service 21Vianet provides to Client. Client means the company and its authorized users and recipients of the Cloud Service. Applicable Order Form is provided as separate Exhibit.

Cloud Service Description

IBM Bluemix operated by 21Vianet is an application development environment that provides the speed and flexibility of a platform-as-a-service (PaaS) with the power of infrastructure-as-a-service (IaaS). It allows developers to more quickly compose, build, and deploy enterprise-grade applications for the cloud era by providing access to the Bluemix online portal, a vast portfolio of composable Bluemix services

IBM Bluemix operated by 21Vianet enables a hybrid cloud strategy, allowing Client to deploy Cloud Services and Client content, including applications Client develops, or data Client accesses or distributes on 21Vianet public or dedicated instances running in a data center. Exhibits A, B contain additional terms for use of public instances, dedicated instances respectively.

Bluemix UI

Upon acceptance by 21Vianet and, if applicable dedicated instance set up, Client will be enabled to access the Cloud Services, use available APIs and command line interfaces to deploy available applications, and leverage 21Vianet APIs to build applications. The Bluemix online portal user interface, APIs, and command line interface are collectively referred to as the “Bluemix UI” and may be presented in English or Chinese. Using a Bluemix UI, Client can:

  • access the catalog of additional Bluemix services and add them to Client’s account; and
  • authorize users to collaborate with Client on Client’s applications, deploy applications, select Bluemix additional services, and otherwise incur expenses associated with Client’s account.

Client is responsible for actions of Client authorized users, including their use and associated charges for such use.

Bluemix Services

Additional Bluemix services are comprised of Bluemix service instances (Service Instances) and Bluemix execution environments (Compute Instances), such as, container, virtual machine, and bare-metal server instances. A Bluemix service may have an additional Service Description, as available in the Bluemix UI which provides additional or different terms that override inconsistent provisions in this Service Description such as service level commitment, unique security provisions, or identification of enabling software.

Use of non-21Vianet services available through Bluemix may be provided under applicable third party terms. 21Vianet is not a party to these agreements even if 21Vianet invoices for such third party services. Deployment and use of additional services constitutes agreement with such license terms associated with the relevant services as made available in the Bluemix UI

The documentation for IBM Bluemix operated by 21Vianet may include usage guidelines and/or limitations to preserve the performance, responsiveness, or integrity of the Bluemix platform. Client agrees to comply with such guidelines and understands that applications that violate these guidelines may be terminated automatically by the system or by Bluemix system administrators.

21Vianet will provide Client at least 30 days’ notice on the Bluemix site of any changes to Service Descriptions or the withdrawal of an additional Bluemix service. Pricing changes to, or the withdrawal of, an additional service purchased by Client as part of a dedicated instance will not be effective until the end of the subscription period for that purchase. Continued use of Bluemix or the additional service after the effective date constitutes Client’s acceptance of the changed pricing or terms.

Client’s Applications

Client may use the Cloud Services to create and make available Client’s applications based on Bluemix services to Client’s end users, subject to these Cloud Service terms. However, Client may not resell access to the Cloud Service or any additional services to any third party. 21Vianet may use cookies and tracking technologies to collect information related to the use of the Cloud Services in gathering usage statistics and information designed to help improve user experience and/or to tailor interactions with users in accordance with https://console.chinabluemix.net/chinaHome/legal/privacy. Client is responsible to have appropriate agreements in place with Client’s end users to enable Client to meet its obligations under the Agreement and is responsible for their end users' use of Client’s applications, including content they provide. Except to the extent that such is part of a valid indemnity claim under the “Liability and Indemnity” section of the Agreement, Client is solely responsible for any liability for damages or losses Client’s users may incur as a result of using Client’s applications

To the extent that 21Vianet requires rights to process content or data as requested by Client or Client’s users, Client is responsible for obtaining those rights prior to providing that content or data. For Client’s applications where Client permits Client’s users to log into Client’s application third party user credentials, these rights include permission from Client’s users for 21Vianet to receive and process their email address, account ID, display name, telephone number, a URL to their profile picture, or other identifying information that is provided by that third party service.

Security Description

Policies

This Cloud Service follows 21Vianet’s data security and privacy principles for 21Vianet SaaS which are available at https://console.chinabluemix.net/chinaHome/legal/securityPrivacy and any additional terms provided in this section. Any change to 21Vianet’s data security and privacy principles will not degrade the security of the Cloud Service. Client can review available Cloud Service regulatory compliance certifications at https://console.chinabluemix.net/docs/security/index.html#compliance. Except for available regulatory compliance certifications, the Cloud Service is not designed to any specific security requirements for regulated data, such as PI or SPI. Client is responsible to determine if this Cloud Service meets Client's needs with regard to the type of content Client or Client's end users may use in connection with the Cloud Service or any resulting application.

Data Collection

Client agrees that 21Vianet may, as part of the normal operation and support of the Cloud Service, collect logon information from Client (Client’s employees and contractors) related to the use of the Cloud Service, through tracking and other technologies. 21Vianet does so to gather usage statistics for billing and other purposes and information about effectiveness of our Cloud Service for the purpose of improving user experience and/or tailoring interactions with Client. All data is used solely for the purpose of supporting the specific environment, which includes assuring the security, availability, performance, capacity and health of that environment. This data will not be used or shared for other purposes. Client is responsible to obtain or have obtained consent to allow 21Vianet, other 21Vianet companies and subcontractors to process the collected personal information, such as name, email, or IP address, for the above purpose wherever 21Vianet and our subcontractors do business, in compliance with applicable law. 21Vianet will comply with requests from Client’s employees and contractors to access, update, correct or delete their collected personal information.

21Vianet will not collect or access data stored by Client applications, services, or end users who access the Client applications or other personally identifiable end customer information except as directed by Client

Service Level Agreement

21Vianet provides availability service level agreements (SLAs) for 21Vianet-branded Service Instances and Compute Instances. The SLA does not apply to third party Service or Compute Instances that are subject to a third party agreement. The SLA is available only to Clients that are compliant with the agreement terms and does not apply to beta, experimental, trial, or Bluemix offerings provided at no charge. The SLA is not a warranty

Service Level

Details of the SLA commitments for the various Bluemix environments are provided in the applicable Exhibit. Downtime is the total accrued minutes where Client is unable to connect to at least one of multiple Service Instances or to at least one of multiple Compute Instances (Downtime), and is measured from the time Client reported an outage event until the time at least one of the affected Service or Compute Instances is available for use as validated by 21Vianet system records. Availability, expressed as a percentage, is calculated as the total number of minutes in a contracted month minus the total number of minutes of Downtime in that month divided by the total number of minutes in that month.

Availability Credits

Client must submit a SLA claim within seven days after the end of a contracted month documenting outages and include information to identify affected Service or Compute Instances, error messages or other information necessary to validate the claim, referencing 21Vianet support tickets, if applicable. Client must submit all claims by using the form at https://chinabluemix.itsm.unisysedge.cn/.

Client's sole compensation for a valid SLA claim will be a credit Client can apply to future 21Vianet Bluemix use. The credit will be the highest applicable compensation based on the cumulative availability of the affected Service or Compute Instance during a contracted month and calculated using the monthly charges for the Service or Compute Instances that are the cause of the claim, not to exceed 25% of such monthly charge.

Exclusions

Downtime does not include time related to a scheduled or announced maintenance outage; problems with Client or community content, technology, designs or instructions; non-21Vianet buildpacks; unsupported system configurations and platforms; Client infrastructure failures, including network, hardware, facility, or power failures; other Client errors or failure of Client to provide needed information or access to resolve an outage; Client-caused security incidents or Client security testing; or other causes beyond 21Vianet's reasonable control.

Technical Support

  • Forum Support: All Clients of Bluemix are provided free technical support through our community.. Our Development and Support staff monitors the community forums.
  • Standard Support: All Clients in a Bluemix account where Standard Support was purchased can raise a ticket to technical support with response time objectives defined below. Those who purchased Dedicated Bluemix receive this support as part of their offering.

1.1 Technical Support Details

The following table is intended to outline response time objectives that 21Vianet strives to achieve, measured from the time 21Vianet receives Client’s initial request for support, to the time 21Vianet provides an initial communication back to Client regarding its request. Response time objectives described herein are intended to describe 21Vianet’s goals only, and do not represent a guarantee of performance.

SeveritySeverity DefinitionResponse Time ObjectivesResponse Time Coverage
1Critical business impact/service down: Business critical functionality is inoperable or critical interface has failed. This usually applies to a production environment and indicates an inability to access services resulting in a critical impact on operations. This condition requires an immediate solution.Standard: Within 1 hourStandard: 7x24
2Significant business impact: A service business feature or function of the service is severely restricted in its use or you are in jeopardy of missing business deadlines.Standard: Within 2 hoursStandard: 24x7
3Minor business impact: Indicates the service or functionality is usable and it is not a critical impact on operations.Standard: Within 8 hoursStandard: 24x7
4Minimal business impact: An inquiry or non-technical requestStandard: Within 5 daysStandard: 24x7

Term and Renewal Options

The term of the Cloud Service begins on the date 21Vianet notifies Client of its access to the Cloud Service, as documented in the Order Form. The Order Form will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term.

For automatic renewal, unless Client provides written notice not to renew at least 90 days prior to the term expiration date, the Cloud Service will automatically renew for the term specified in the Order Form. For continuous use, the Cloud Service will continue to be available on a month to month basis until Client provides a 90 day written notice of termination. The Cloud Service will remain available to the end of the calendar month after such 90 day period. Continuous use is not available for public Bluemix subscriptions.

Enabling Software

IBM Bluemix operated by 21Vianet may provide enabling software which is intended to be used to access the Cloud Service. Unless other terms are provided in a Service Description, Client may use the enabling software only associated with Client’s use of the Cloud Service in the manner described in the documentation, for the length of the term of the Cloud Service. To the extent that the enabling software contains sample code, Client has the additional right to make derivative works of the sample code and use them consistent with the above grant. The enabling software is provided subject to the Service Level Agreement, if any, as a component of the Cloud Service, but is otherwise provided “AS IS”

Beta / Experimental Services

Additional Bluemix services provided as a beta or experimental service will be identified as such in the Bluemix UI and subject to the following, unless different terms are provided.

The beta / experimental service is a Cloud Service 21Vianet is developing and testing. Client is authorized to use the service for the purpose of evaluating its functionality and to provide feedback to 21Vianet or the third party service provider. 21Vianet may provide additional supporting details and information that apply to Client’s access and use of the service.

Beta / experimental services may not comply with the normal Bluemix security practices and are not designed to comply with any specific governmental regulation or specific security measures. Client agrees not to input content that may be subject to any such regulations or required additional security measures.

The beta / experimental service may not be at a level of performance or compatibility of generally available services 21Vianet markets and is not fully tested, including any data protection and security features. such services are not designed for use in a production environment or for commercial purposes and any such use is at Client’s own risk. 21Vianet does not guarantee it will make the service or any similar services available, or if made available, it will be similar to the service. If a generally available service is offered, 21Vianet is under no obligation to offer migration capabilities or services.

Generally there are no charges for use of a beta / experimental service unless specified otherwise by 21Vianet or a third party service provider. If any authority imposes a custom, duty, tax (including withholding tax), levy or fee for the import or export, transfer, access or use of a beta or experimental service or third party service, then Client is responsible to pay any such amount imposed.

Client may use a beta / experimental service for the specified period or until 21Vianet withdraws or terminates the service. Client may terminate use of a beta / experimental service at any time by notifying 21Vianet. Client is responsible to remove any of Client’s proprietary content Client wishes to retain prior to expiration or termination of the service. 21Vianet may at any time suspend, revoke, limit or refuse participation in or use of a beta / experimental service. Content may be destroyed upon the expiration or cancellation of the service unless specific migration to the related generally available Cloud Services is available.

21Vianet may in its reasonable discretion, change the terms applicable to a beta / experimental service, modify the computing environment, or withdraw features of such a service, in whole or in part by providing notice. Continued use is Client’s acceptance of any such change. If Client does not accept a change, Client is responsible to discontinue use upon such notice.

If there are no charges, 21Vianet has no liability for any claims in the aggregate arising from Client’s use of a beta / experimental service acquired. Beta / experimental services are provided without warranties of any kind.

Client agrees 21Vianet may use all feedback and suggestions Client provides.

For more information about the terms for 21Vianet Bluemix Public and Dedicated Instances, see the following sites: