This eSurfing Cloud Volume Backup Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom Global Limited ("Party B"). Party B shall provide the eSurfing Cloud Volume Backup 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 Volume Backup Services in accordance with this Agreement.

Before using the eSurfing Cloud Volume Backup Services, Party A should carefully read this Agreement, and the general agreements such as the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement and the eSurfing Cloud Privacy Policy. By clicking the 'agree' button Party A agrees to and accepts this Agreement and the three general agreements in whole, and they shall become a legally binding document between Party A and Party B. If Party A does not agree thereto, it shall not use the eSurfing Cloud Volume Backup 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 the eSurfing Cloud Volume Backup Services.

Article 1 Product and Service Description

1.1 The eSurfing Cloud Volume Backup Services (the "Services" hereinafter) enable the Customer to easily back up its cloud hard disk in accordance herewith. In case of a virus attack, accidental deletion, or software or hardware fault, the Customer can use the backup to restore data to any point when the data is backed up. The Services, with real-time incremental backup and fast data recovery capabilities, will ensure the security and correctness of the data as well as the safety of the business of the Customer to the greatest extent possible.

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 continuously 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 the Services provided thereunder are legitimate, valid and existing; and

(6)   Preconditions for other businesses as stipulated in this Agreement.

Article 3 Service Activation

3.1 After carefully reading the Service Rules corresponding to the purchased service, Party A can purchase the required service online through the Site according to its own needs, or have the account manager assist in activating it at the service console. After the service is activated, Party A can log in to the Site and complete the configuration and operation of the Services in the management console.

3.2 If there is any inconsistency in the text of this Agreement, attachments, Service Rules, service descriptions, price descriptions, confirmation terms on the order page, they shall be appliable on the following order of precedence: (1) service descriptions and price descriptions on the relevant webpages on the Site, and confirmation terms on the order page, (2) Service Rules, (3) the text of this Agreement, and (4) the attachments to this Agreement.

Article 4 Service Fees

4.1 Pay-as-you-go (PAYG) billing is available for the Services. The Customer shall pay Party B the service fee as instructed on the subscription page and as agreed herein.

4.2 Resources Expiration / Data Deletion and Consequences of Payment Default

4.2.1    For subscriptions for a fixed term, if the Customer intends to continue its use of the Services upon the expiration of the current service period, it shall renew and pay for the subscription in a timely manner. Otherwise, Party B will suspend the Customer's permissions to perform operation and freeze the resources on the instance upon the expiration of the service period. Party B will, following the expiration of the service period, reserve the resources of the instance and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to perform operation is suspended on the day of such suspension and ending on the same moment on the fifteenth day thereafter); if the Customer fails to renew and pay for the subscription within the said period of fifteen (15) days, Party B has the right to release the resources of the instance occupied by the Customer and delete the data thereon upon the expiration of such period.    

4.2.2    For services of the PAYG billing mode, the Customer shall deposit funds into its account and pay the service fee so as to ensure its continuous use of the Services. In case of a default on the service fee, Party B will suspend the Customer's permissions to perform operation on and freeze the resources of the instance. Party B will then reserve the resources of the instance and retain the Customer's data for another fifteen (15) days (i.e., starting from the moment the Customer's permissions to perform operation is suspended on the day of such suspension and ending on the same moment on the fifteenth day thereafter); if the Customer fails to deposit funds into its account and pay the service fee in full within the said period of fifteen (15) days, Party B has the right to release the resources of the instance occupied by the Customer and delete the data on it upon the expiration of such period.

Article 5 Service Specifications

5.1 The Customer understands and agrees that the use of the Services is its sole decision made after it has exercised independent and careful judgement, and that the Customer shall be responsible for its own judgement and operations, including but not limited to:

5.1.1    The Customer shall exercise its own judgment on the adaptability of the Elastic Cloud Server ("ECS") Services to the operating system, mirror, elastic IP and other software and hardware it selects;

5.1.2    If the Customer performs operations through the ECS Services with respect to specified services/products, such as installation and deployment, the Customer shall ensure that it has the permissions to perform operation on such services/products. The performance of the said operations by the ECS Services as instructed by the Customer shall be deemed to have been authorized by the Customer, and the Customer shall be solely responsible for all such operations and the consequences thereof;

5.1.3    The Customer shall be responsible for its own operations (such as application programming and business logic setting up in the mirror); and

5.1.4    Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the ECS Services, the Customer shall pay the service fee to Party B as set forth in the fee schedule for such other services and comply with the service terms thereof.

5.2 Party B will provide the ECS Services on the terms and conditions of this Agreement, which cover only the technical architecture and components for the ECS instance. The Customer shall be solely responsible for applications on the ECS Services. In addition, upgrading the operating system by the Customer itself may cause a breakdown or other adverse effects, and the Customer shall be aware of the risk and cautious about such operation.

5.3 Dependence and Impact of Product Effectiveness

5.3.1    In general, during its use of the Services, the Customer shall first purchase an ECS. The Customer shall make separate payment for the activation of and subscription to the ECS, Cloud Hard Disk and other resources, and Party B will provide services in accordance with the terms of service and service level agreements for such infrastructure products.

Article 6 Customer Service Warranty

6.1 Party B provides Party A with customer service via the service hotline +852 3100 0000. 

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

Article 7 Technical Support Warranty

7.1 After Party B accepts Party A's fault or after Party B’s non-fault acceptance, Party BParty B will provide Party A with a 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.

7.2 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 Cloud Volume Backup 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 Cloud Volume Backup 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 8 Party A's Rights and Obligations

8.1 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.

8.2 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 Volume Backup Services project to ensure the normal operation of the Services.

8.3 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, 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.

8.4 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 Behaviour, 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 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 9 Term and Termination of Agreement

9.1 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.

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

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

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

9.3.2    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;

9.3.3    Due to any legal or policy changes, it is not practical for Party B to continue to provide services to Party A;

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

9.3.5    Where Party A violates the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, the eSurfing Cloud Legal Statement or the eSurfing Cloud Privacy Policy;

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

9.3.7    Where Party A violates other terms of this Agreement.

9.4 Except as stipulated in Article 9.3, if Party B terminates this Agreement according to this Agreement, Party B will calculate the service fee based on the actual number of days used by Party A, return the remaining payment (if any) to Party A's eSurfing Cloud account, and reserve the right to pursue liabilities from Party A for its breach of contract.

9.5 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 eSurfing cloud account, except as stipulated in Article 9.3.

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

9.7 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 10 Others

10.1 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.

10.2 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.

10.3 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

10.4  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.