This eSurfing Cloud Distributed Message Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom ("Party B"). Party B shall provide the eSurfing Cloud Distributed Message Services to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement. Party A shall use the eSurfing Cloud Distributed Message Services in accordance with this Agreement.

Before using the eSurfing Cloud Distributed Message Services, Party A should read this Agreement carefully. By clicking the 'agree' button, Party A agrees to and accepts this Agreement in whole, and this Agreement shall become a legally binding document between the Parties. If Party A does not agree to accept this Agreement, it shall not use the eSurfing Cloud Distributed Message Services.

If Party A has any questions about this Agreement, it shall make queries via the means set out in this Agreement or on the Site and Party B will explain to and clarify with Party A. If Party A does not agree     with any of the contents of this Agreement or is unable to accurately understand Party B's explanations, it shall not subscribe to or use eSurfing Cloud services.

Article 1   Definitions

1.1           "Distributed Message Services" refers to a messaging middleware service based on the highly available distributed clustering technology.

1.2           "eSurfing Cloud Distributed Message Services" (hereinafter the "Services") refer to the Distributed Message Services that enable the Customer to create a message queue that serves as a transfer station for message exchanges, so as to store the messages exchanged between various components of the application and thus enable communication between those components.

Article 2   Service Content

2.1       Party B shall provide Party A with the Services in accordance with this Agreement. The specific content of the Services is subject to the service displayed on the Site , applied by Party A and actually provided by Party B. Party B has the right to constantly update the service content.

2.2       Pre-conditions for provision of the Services: In order to use the Services, Party A shall first meet all the following conditions:

(1)            Agree to and accept the eSurfing Cloud Website User Agreement, successfully register as a user of the Site, and continue to have a legal and valid user account of the Site as at the time of signing this Agreement and throughout the performance of this Agreement;

(2)            Agree to and accept the terms of the eSurfing Cloud Service Agreement;

(3)            Agree to and accept the terms of this Agreement;

(4)            Subscribe to and use the Services in accordance with the Service Rules of the Site;

(5)            Enter into the eSurfing Cloud Elastic Cloud Server Service Agreement with Party B, pursuant to which the eSurfing Cloud Elastic Cloud Server Services are activated and used, and which and the services provided thereunder are legitimate, valid and existing; and

(6)            Comply with preconditions for other businesses as stipulated in this Agreement.

Article 3   Service Fees

3.1       If Party A intends to use the Services, it shall pay Party B for the Services in accordance with this Agreement.

3.2       The specific types of services under the Services and the corresponding service fees are subject to the Service Rules of the Site and the information displayed on the subscription page of the Services, and Party A may choose the specific type of services and pay the corresponding service fees as set forth in the then-current effective fee schedule on the Site.

3.3       Party B reserves its right to update the price and the means of payment at any time, and the update will be posted on the eSurfing Cloud official website.

3.4       The price and means of payment hereunder are subject to those agreed when Party A subscribes to the Services.

3.5       If Party A disagrees with the service fee to be paid, it shall submit a request for verification to Party B in writing. If the fees are confirmed to be incorrect upon the verification by the Parties, Party B shall adjust the corresponding fees.

Article 4   Service Activation

4.1       After Party A completes the subscription to the Services, Party B shall activate and provide Party A with the Services. Party A can log in to the Site and conduct the relevant configuration and operations of the Services in the management console.

4.2       Party A shall keep its account balance sufficient to ensure the continuous use of the Services. If the account balance of Party A is insufficient, Party B has the right to terminate the service provided to Party A.

Article 5   Customer Service Warranty

5.1       Party B provides Party A with customer service via the service hotline +852 3100 0000 as well as the service inbox: cs@chinatelcomglobal.com. 

5.2       Party B shall provide 24/7 after-sales service to Party A.

Article 6   Technical Support Warranty

6.1       Upon Party B’s acceptance of Party A’s fault or non-fault reports, it will provide Party A with technical support warranty according to the specific situation and Party A's needs. The service time of Party B's engineers is 7 days x 24 hours.

6.2       Party A understands and agrees that, out of concern about Party A’s data and system security, when Party A requires Party B’s engineers to directly operate its Services, Party A should authorize it by email, ticket, telephone, and other means. Party A shall designate the only contact person as the authorizer (maintainer) who shall authorize Party B when necessary, which means that only the authorizer has the right to require Party B's engineers to operate its Services. Party B is only responsible for the operation and maintenance of the underlying part below the operating system; the operating system and the above part (such as the application program installed by Party A on the system) are the responsibility of Party A. In addition, during the period of authorization, if Party A fails to communicate with Party B's engineers and conducts operations on its own, the business unavailability and other risks resulting from such failure shall be borne by Party A.

Article 7   Party A's Rights and Obligations

7.1       When Party A uses the Services, it shall back up data and bear the risk of data loss, omission, or damage caused by its own reasons, and Party B shall not be liable for this.

7.2       Party A shall provide Party B with necessary technical parameters, including but not limited to IP address segments and corresponding application types, server-related parameters, network structure and network resources, actively cooperate with Party B to complete the implementation and commissioning of the Cloud Distributed Message Services project to ensure the normal operation of the Services.

7.3       Party A shall abide by all the provisions with respect to cybersecurity in accordance with the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement it has entered into. If Party A violates any of the warranties in this Agreement and the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, including but not limited to where Party A does not have all the qualifications and permits required to carry out business and perform relevant procedures when signing this Agreement, or loses all or part of its qualifications and permits during the validity period of this Agreement, Party B has the right to suspend the provision of cloud business services and require Party A to make corrections within the time limit. If Party A fails to make corrections within the time limit, Party B has the right to terminate this Agreement without assuming any responsibility. Party A shall bear the liability for breach of contract and compensate Party B for the corresponding losses.

7.4       Party A understands and fully recognizes that although Party B has established (and will continue to improve according to technological development) necessary technical measures to defend against matters or behaviors that endanger network security including computer viruses, network intrusions and attack damage (including but not limited to DDoS) (hereinafter collectively referred to as such Behavior), however, in view of the limitations and relativity of network security technology and the unpredictability of such Behavior, if Party A’s account experiences such Behavior, which does harm to Party B or Party B’s network or server (including but not limited to local, foreign and international networks, servers), or affects the smooth communication between Party B and the Internet or between Party B and specific networks, servers, and Party B’s internal communications, Party B has the right to decide to suspend or terminate the Services. If a major network accident is caused to Party B for reasons attributable to Party A, Party B will reserve the right to pursue Party A with criminal liabilities and claim compensation from Party A. If Party B terminates the provision of the Services to Party A due to reasons set out in the above clauses (other than due to breach by Party A), Party B will calculate the service fee based on the actual number of days used by Party A, and return the remaining payment (if any).

Article 8   Term and Termination of the Agreement

8.1       This Agreement becomes effective from the date when Party A successfully purchases or applies for activation of the product, and terminates when the subscription service period of Party A expires, unless otherwise agreed by the Parties.

8.2       This Agreement may be terminated earlier if the Parties reach a consensus.

8.3       Party B has the right to terminate this Agreement under the following circumstances:

8.3.1    According to the requirements of laws and regulations or government agencies;

8.3.2    Where Party B believes that continuing to provide services to Party A will cause huge economic or technical burdens or major security risks to Party B;

8.3.3    Due to any legal or policy changes, it is not practical for Party B to continue to provide the Services to Party A;

8.3.4    Where Party A fails to pay relevant fees in full and on time;

8.3.5    Where Party A violates the eSurfing Cloud Website User Agreement;

8.3.6    Where Party A does not meet any one of the pre-conditions for the Services set out in Article 2.2 herein; or

8.3.7       Where Party A violates other terms of this Agreement.

8.4        If Party B terminates this Agreement because of Party A’s breach, Party B shall, without prejudice to its other rights and remedies hereunder or at law, have the rights to withhold the remaining amount (if any) in Party A's eSurfing Cloud account to offset any loss and damage suffered by Party B because of Party A’s breach.

8.5       Party B may terminate the Services by publishing an announcement on the Site, or by sending Party A an internal notice or a written notice 30 days in advance, at which time, Party B shall return the amount paid by Party A but not consumed (without interest) to Party A's account, except as stipulated in Article 8.3.

8.6       If the eSurfing Cloud Elastic Cloud Server Service Agreement between the Parties is terminated, this Agreement shall be terminated simultaneously.

8.7       If any clause in this Agreement is completely or partially invalid or unenforceable for any reason, the rest of the clauses in this Agreement shall still be valid and binding.

Article 9   Others

9.1       The termination of this Agreement will not affect the effectiveness of the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement between Party A and Party B. If the eSurfing Cloud Website User Agreement or the eSurfing Cloud Service Agreement between Party A and Party B is terminated, this Agreement will be automatically terminated.

9.2       For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement. If there is any conflict on the same matter in this Agreement, and the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, this Agreement shall prevail.

            9.3  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

9.4       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.