Special Reminder:
These Terms for Cancellation of eSurfing Cloud Accounts (these "Terms") constitute a valid agreement entered into between you and eSurfing Cloud with respect to your voluntary cancellation of your account on the eSurfing Cloud Portal ("eSurfing Cloud Account").
Before submitting a request for account cancellation, please read carefully these Terms and the Cancellation Reminders. If you have any questions, please contact eSurfing Cloud at +852 3100 0000 .
By checking the “agree” box of these Terms and submitting a request for account cancellation, you are deemed to have carefully read and fully understood and agree to all of these Terms. If you do not agree to or are unable to understand accurately any part of these Terms, please do not submit a request for account cancellation.
Once you submit a request for account cancellation, the eSurfing Cloud Portal will review your request in accordance with these Terms. eSurfing Cloud Portal will reject your request for account cancellation if it fails to meet the conditions for cancelation of eSurfing Cloud Accounts.
1. Conditions for Account Cancellation
Your request for cancellation of an eSurfing Cloud Account shall satisfy all of the following conditions:
1.1 None of the following conditions exists in relation to the account to be cancelled, or you have reached consensus with eSurfing Cloud regarding the following:
· The account has an overdue or outstanding bill, or available balance;
· The account has contracts with outstanding obligations, orders which are still valid or any other service items which are the in the process of application (including but not limited to a new order in application, applying for return of deposit or cash withdrawal);
· The account is linked to the account of any agent/service provider/distributor of eSurfing Cloud;
· The account is linked to the primary account or sub-account of any entity; or
· The account is a primary account with sub-accounts linked thereto.
1.2 There is no tax payable or other pending obligations as required by laws and regulations with respect to the eSurfing Cloud Account to be cancelled;
1.3 Neither your use of the eSurfing Cloud Account to be cancelled nor any of your acts and activities performed through such account is in violation of any law or regulation or of the agreement between you and eSurfing Cloud;
1.4 There is no complaint of others, investigation by enforcement or regulatory agencies, or pending litigation or arbitration with respect to the eSurfing Cloud Account to be cancelled.
2. Methods of Cancellation
2.1 Self-service cancellation. For the security of your eSurfing Cloud Account, the eSurfing Cloud Portal only provides self-service cancellation to the user meeting all of the conditions set out in Section 1, in which case the user may self-serve to cancel its eSurfing Cloud Account by following the steps in Section 3.
2.2 Cancellation by other means. If your eSurfing Cloud Account fails to meet any of the conditions for cancellation, or you are unable to cancel it through self-service for any other reasons but still desires to cancel it, you may contact the eSurfing Cloud Portal for inquiries or assistance for account cancellation.
3. Steps for Self-service Cancellation
3.1 Your Self Check
Before submitting your request for account cancellation, please check and make sure all of the conditions in Section 1 are satisfied, otherwise your request for account cancellation may be rejected for failing to meet the conditions.
3.2 The request for account cancellation must be submitted by the user under whose name such account is registered on a real-name basis. Any request for account cancellation submitted through logging in of an eSurfing Cloud Account will be deemed as a request submitted by the user holding such account.
3.3 You acknowledge and agree that, up to the time you submit your request for account cancellation, eSurfing Cloud has provided services in accordance with the eSurfing Cloud Service Agreement, eSurfing Cloud Website User Agreement, relevant rules and specific products and services agreements (including orders) entered into between you and eSurfing Cloud and without any breach by eSurfing Cloud.
3.4 Submission of Request for Account Cancellation
Subject to the satisfaction of the conditions for account cancellation, you may submit a request for account cancellation by logging into the eSurfing Cloud Portal, going to Management Center-->Personal Center-->Basic Information, clicking "Cancel Account" on the page, and reading and accepting these Terms.
You must confirm that your cancellation of the eSurfing Cloud Account is not for the purpose of circumventing or evading any ongoing or upcoming disputes, the supervision of supervisory bodies or enforcement actions of enforcement agencies, or any applicable provisions of laws and regulations.
3.5 Preliminary Review
(1) Once you submit your request for account cancellation, the eSurfing Cloud Portal will automatically perform a preliminary review within the system of your request in real time to see whether your request fulfils the conditions for account cancellation.
(2) The result of the preliminary review can be found on the page of Preliminary Review Result of the eSurfing Cloud Portal.
Reminder: The eSurfing Cloud Portal only performs a preliminary and pro forma review of your request, and the fact that your request passes such preliminary review does not constitute a waiver by eSurfing Cloud of any of its rights under the law or under any relevant contracts. Nor does it mean eSurfing Cloud agrees to exempt you from, reduce, or waive your liability for any acts performed through the account before its cancellation, including but not limited to your liability in relation to any overdue amount or tax payable under the account to be cancelled.
(3) Passing of Preliminary Review
For any request that passes the preliminary review, there will be an identity verification after you click the "Confirm" button on the page of Preliminary Review Result to ensure you are the person submitting the request. Once your identity has been verified, your request will proceed to the next step of account cancellation (see Section 4 below). However, during the period from the passing of the preliminary review to the completion of the cancellation, the eSurfing Cloud Portal has the right to reject your request and end the cancellation process at its sole discretion and without your consent when any of the conditions for account cancellation is not fulfilled.
(4) Failure of Preliminary Review
For any request that fails to pass the preliminary review, the failed item(s) will be displayed on the page of Preliminary Review Result, and the cancellation process will end. If you still want to cancel your eSurfing Cloud Account, you need to submit a request for account cancellation anew.
4. Closure Period
4.1 Once your request has passed the preliminary review and you have clicked the "Confirm" button and completed identity verification on the page of Preliminary Review Result, your account will come to a closure period of 48 hours.
4.2 During the closure period, the eSurfing Cloud Portal will conduct a final review of your request, checking once again whether your request meets the conditions for account cancellation. You may check the result of the final review on the page of Final Review Result after the expiry of the 48-hour closure period and select immediate cancellation of your account manually.
Reminder: The eSurfing Cloud Portal performs only a pro forma review of your request, and the fact that your request passes the final review of the eSurfing Cloud Portal does not constitute a waiver by eSurfing Cloud of any of its rights under the law or under any relevant contracts. Nor does it mean eSurfing Cloud agrees to exempt you from, reduce, or waive your liability for any actions performed through the account before its cancellation, including but not limited to your liability in relation to any overdue amount or tax payable under the account to be cancelled.
4.3 During the closure period, you will not be able to use any services on the eSurfing Cloud Portal (including, without limitation, disabling of functions such as top-up, subscription, cash withdrawal, order placement, real-name verification, and change) except for the following services:
· logging into the eSurfing Cloud Portal to check account information or payment history information; and
· browsing the eSurfing Cloud Portal and using self-service tools such as the documentation feature and intelligent customer service.
4.4 During the closure period, you are unable to end the cancellation process and resume your account by self-service. You can only end the cancellation process and resume your account functions by submitting a ticket to contact the eSurfing Cloud Portal and obtain the consent of the eSurfing Cloud Portal.
5. Retention Period
5.1 Upon the expiry of the closure period, the account will come to a retention period of 90 days immediately.
5.2 During the retention period, you will not be able to use any services on the eSurfing Cloud Portal (including, without limitation, disabling of functions such as top-up, subscription, cash withdrawal, order placement, real-name verification, and change, and cloud service resources being released by the system) except for the following services:
· logging into the eSurfing Cloud Portal to check account information or payment history information; and
· browsing the eSurfing Cloud Portal and using self-service tools such as the documentation feature and intelligent customer service.
5.3 During the retention period, you may self-serve to end the cancellation process and resume the account functions by clicking the "Resume Account" button.
5.4 During the retention period, you may select immediate cancellation of your account and, by doing so, have your account cancelled immediately. The consequences of account cancellation are specified in Section 6 herein.
5.5 The account will be cancelled immediately upon the expiry of the retention period, and the legal consequences of account cancellation are specified in Section 6 herein.
5.6 Subject to compliance with the eSurfing Cloud Service Agreement and the eSurfing Cloud Website User Agreement and applicable rules, the information linked to a cancelled account (such as a cell phone number or email address) may be used for the registration of a new account.
6. Consequences of Account Cancellation
6.1 The consequences of account cancellation (including by expiration of the retention period, by selection of immediate cancellation during the retention period, or by other means) include without limitation the following:
· You will no longer be able to log into the eSurfing Cloud Portal and use the services thereof with the cancelled account;
· You will no longer be able to perform other operations based on the account authorisations;
· You will no longer be able to retrieve data under the cancelled account, including but not limited to user information, transaction records, business data, and historical information;
· The services provided by the eSurfing Cloud Portal through the account will be terminated.
6.2 The cancellation of your account does not exempt you from or reduce your liability for any acts you have performed before its cancellation.
6.3 A cancelled account cannot be recovered. Before submitting the request for account cancellation, you must ensure that all data associated with your account (including but not limited to user information and transaction records associated with the account, and business and personal data stored on the eSurfing Cloud Portal) have been exported and backed up properly, or you agree to waive your right absolutely to retain and retrieve such data. Once your account is cancelled, the eSurfing Cloud Portal will, in accordance with the eSurfing Cloud Portal Privacy Policy and requirements of laws and regulations, take reasonable steps to destroy the data associated with your account in a secure manner or make it unidentifiable and unavailable for re-editing, modification, or use, and you will be unable to retrieve such data and have no right to request the eSurfing Cloud Portal to retrieve or recover such data. The eSurfing Cloud Portal shall not be liable in any manner in respect of loss of data or information as a result of your failure to make backup.
7. Miscellaneous
7.1 These Terms constitute a non-several part of the eSurfing Cloud Service Agreement and the eSurfing Cloud Website User Agreement, and matters uncovered herein shall be governed by the eSurfing Cloud Service Agreement and the eSurfing Cloud Website User Agreement or other contracts between you and eSurfing Cloud. If there is any conflict on the same matter in these Terms, the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, these Terms shall prevail.
7.2 These Terms shall apply only to your voluntary request for account cancellation, and not to the cancellation of your account by the eSurfing Cloud Portal in accordance with the eSurfing Cloud Service Agreement and the eSurfing Cloud Website User Agreement or as required by any law or regulation.
7.3 Latest version of eSurfing Cloud Service Agreement can be found at: https://www.esurfingcloud.com/portal/protocol/20685742
Latest version of eSurfing Cloud Website User Agreement can be found at:
https://www.esurfingcloud.com/portal/protocol/10144340
7.4 In the event of any conflict or inconsistency between the English and the Chinese versions of this Agreement, the English version shall prevail. If there is any unclear part in the Chinese version, please refer to the English version.