This eSurfing Cloud DB Expert 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 DB Expert 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 DB Expert Services in accordance with this Agreement.

Before using the eSurfing Cloud DB Expert Services, Party A should fully read, understand and agree to accept and abide by this Agreement. By clicking the 'Agree' button, or actually using the DB Expert Services in any way, Party A agrees to and accepts this Agreement in whole, and this Agreement shall become a legally binding document between Party A and Party B. If Party A does not agree with this Agreement, it shall not use the eSurfing Cloud DB Expert Services.

Article 1 Product and Service Description

1.1 Party B provides Party A with the eSurfing Cloud DB Expert Services (hereinafter the "Services" ) in accordance with this Agreement. DB Expert provides professional database services through the eSurfing Cloud Database Expert Team to customers, including database installation and deployment, health inspection, emergency response, performance optimization, architecture planning and design, data migration consulting, backup and recovery consulting to solve various database problems for customers and protect their database systems.

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 User Agreement, successfully register as a user of the Site, and continue to have a legal and valid user account of the Site at the time of signing this Agreement and throughout the performance of this Agreement;

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

(3) Agree to and accept the eSurfing Cloud Service Agreement and the eSurfing Cloud Privacy Policy Statement;

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

(5) At the time of signing and during the performance of this Agreement, all the qualifications or government approval procedures required for legal operations have been obtained and maintained in accordance with the relevant national or regional regulations, and the relevant qualification documents have been submitted in accordance with this Agreement to Party B and approved by Party B.

The relevant licenses or approvals that Party A shall obtain and maintain include but are not limited to the following:

1)  If Party A operates a website, it shall ensure that all the websites it operates have been licensed or approved by the relevant authorities of the relevant countries or regions;

2) If Party A provides non-commercial Internet information services, it shall go through the filing procedures of non-commercial websites, ensure that all the filing information submitted is true and valid, and submit the updated information in the filing system in a timely manner if there is any change in the filing information;

3) If the website provides commercial Internet information services, Party A shall also obtain a commercial website license from the local communications administrative department;

4) If Party A provides BBS and other electronic bulletin services, it shall conduct filing or obtain corresponding approval according to relevant laws and policies;

5) If Party A operates an Internet game website, it shall obtain an Internet culture business permit in accordance with laws;

6) If Party A operates an Internet video website, it shall obtain a license for the publication of audio-visual programs through information network in accordance with laws;

7) If Party A engages in Internet information services such as news, publishing, education, medical care, pharmaceuticals, and medical devices, it shall obtain approval from relevant competent authorities in accordance with laws, administrative regulations, and relevant state regulations. Party A shall obtain approval from relevant competent authorities in accordance with laws before applying for a business licence or performing the filing procedures.

The above list does not exhaust all types of licenses or approvals required for commercial or non-commercial activities that Party A engages in. Party A shall obtain relevant licenses or approvals and shall comply with relevant laws and regulations promulgated by relevant countries and regions from time to time.

(6) Other preconditions for using the Services as stipulated in this Agreement.

2.3 Party B undertakes to provide the Services to the Customer in accordance with the requirements of the eSurfing Cloud DB Expert Service Level 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.

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 applicable in 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 Fixed monthly/annual billing and pay-per-use are available for the Services. The Customer shall pay Party B the service fee as instructed on the subscription page and as agreed herein. The relevant means of payment include account balance or vouchers or WeChat, Alipay, Bestpay or other methods. The vouchers should be used in compliance with the voucher rules published by Party B on the Portals at the time when Party A obtained the vouchers.

4.2 Party B has the right to adjust the price of the eSurfing Cloud Services based on objective factors such as technological developments, technical architecture adjustments, and marketing. If Party B adjusts the price of the eSurfing Cloud Services, it will publish a notice on the Portals at least fifteen (15) days in advance. Party A has the right to decide whether to continue to use the corresponding eSurfing Cloud Services. If Party A does not accept the adjusted price, Party A shall immediately discontinue the use of the eSurfing Cloud Services. If it continues to use the eSurfing Cloud Services, it shall be deemed that Party A has accepted the adjusted price.

Article 5 Service Specifications

5.1 The Customer understands and agrees that the use of the Services is its decision made after its 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 determine whether the Services apply to the selected software and hardware, such as the database.

5.1.2  If the Customer performs operations through the Services with respect to specified services/products, the Customer shall ensure that it has the permissions to perform operation on such services/products. The performance of the said operations by the Services 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 actions, such as obtaining or modifying the contents of the database;

5.1.4  Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the 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 shall provide the Services pursuant to this Agreement, which only include the DB Expert Services thereof. The Customer shall be solely responsible for applications other than the Services.

5.3 Product Effectiveness Dependence and Impact

5.3.1  To use other eSurfing Cloud services such as ECS/EIP along with the Services, the Customer needs to activate and subscribe to these products, and pay for them separately. Party B will provide these services in accordance with the corresponding terms of service and the service level agreement.

5.3.2  If the Services must be associated with basic resource services such as ECS, the Services will become unavailable if these basic services are faulty or terminated.

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, it 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.

Article 8   Party A’s Rights and Obligations

8.1 Party A has the right to use the Services and obtain technical support and after-sales service from Party B in accordance with this Agreement.

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, networking structure, and network resources, and actively cooperate with Party B to complete the implementation and commissioning of the Services to ensure the normal operation of the Services.

8.3 Party A understands and agrees that Party B shall not be responsible for providing storage or backup services for Party A's end user data of the Services under this agreement. 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 availability of the Services itself, and the binding relations between the Services and other cloud products/instances 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.

8.4 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.

8.5 If Party A violates any of the warranties in this Agreement, the eSurfing Cloud User Agreement, and the eSurfing Cloud Service Agreement, including but not limited to the following circumstances, Party A shall bear the corresponding liability for breach of contract:

8.5.1  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 the 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;

8.5.2  Where Party A uses the Services to upload, download, store, and publish content that violates laws and regulations, departmental regulations, or national policies, and information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public security, and public morals;

8.5.3  Where Party A carries out fraudulent and misleading behaviours such as gambling prizes and gambling games, or conducts Internet activities such as "private servers" and "plug-ins" that infringe on the intellectual property rights or other legitimate rights and interests of others;

8.5.4  Where Party A conducts malicious scanning, illegal intrusion into the system, illegal acquisition of data and other behaviours that damage or attempt to damage network security;

8.5.5  Where Party A runs irrelevant programs or intentionally writes malicious codes, resulting in a large amount of server memory, CPU or IP resources, and network bandwidth resources; or

8.5.6  Where Party A engages in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", or "reverse proxy" that may cause users to be frequently attacked (including but not limited to DDoS attacks), thereby affecting the eSurfing Cloud service platform or others.

8.6 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 behaviours that endanger network security including computer viruses, network intrusions and attack damage (including but not limited to DDoS) (hereinafter collectively referred to as such Behaviour), 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 Behaviour, 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 claim compensation from Party A. If a crime is involved, Party A shall bear criminal responsibility according to the laws.

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 of contract 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) to Party A's eSurfing Cloud account.

8.7 Party A shall be responsible for the integrity and confidentiality of the data stored on the eSurfing Cloud platform and the codes and passwords for entering and managing various products and services on the eSurfing Cloud platform, and shall take necessary and effective confidentiality and security protection measures, including but not limited to standardizing permission administration for data access and account use, setting strong passwords and changing them regularly. Party A shall bear the losses and consequences caused by the loss or leakage of the above-mentioned data, codes, passwords, and alike due to improper maintenance or confidentiality by Party A.

8.8 Party A must keep the access log records of its website in accordance with the provisions of the Network Security Law, the Administrative Measures on Internet Information Services and other laws and regulations, including the content of the published information, the time of publication, and the Internet Protocol address (IP), domain names, and alike, which shall be provided to the relevant state agency when it requires according to the law. Party A shall bear the corresponding legal liabilities arising from failure to keep relevant records as required.

Article 9   Party B's Rights and Obligations

9.1 Party B shall provide Party A with the Services in accordance with this Agreement.

9.2 Party B will provide 24/7 customer service to the Customer, including the after-sales hotline (852- 31000000) for consulting services and online ticket services, answering questions and solving problems encountered by the Customer in the use of eSurfing Cloud Services.

9.3 Party B provides Party A with customer services within a response time of no more than 30 minutes after acceptance of a fault; and of no more than 12 hours after acceptance of a non-fault case.

9.4 After acceptance of a fault or a non-fault case, Party B will provide technical support to Party A according to the specific circumstances and Party A's needs, except where the relevant failure or problem is caused by Party A's personal circumstances and/or a Force Majeure Event, and other events beyond the control of Party B.

9.5 Party B will take preliminary security protection measures for its systems and equipment in accordance with the requirements of applicable laws. If Party A requests security protection measures at a level higher than the preliminary measures, Party A shall purchase advanced security protection services or configure other security protection software or systems to fulfill its needs. Party A shall be liable for any claims and liabilities because of its failure to take necessary and effective security protection measures for the computer information systems and equipment used by it.

9.6 Party B provides availability assurance within the scope of Service Rules. If Party A has higher availability requirements than the availability level provided by the Service Rules, Party A may deploy its own HA system, and Party B will provide necessary assistance. If Party A needs Party B's assistance in planning and design, the Parties shall negotiate on this matter and make confirmations separately.

9.7 For the purpose of enhancing and improving the Services, Party B has the right to regularly or irregularly overhaul, maintain, upgrade and optimize the service platform or related equipment, systems, software, and so forth (collectively referred to as "Routine Maintenance"), and Party B shall not be liable for any interruption or suspension of the Services within a reasonable period of time due to any Routine Maintenance. However, Party B shall notify Party A of such routine maintenance at least 24 hours in advance. In the event of extraordinary maintenance due to force majeure, for reasons attributable to third parties or any other reasons, Party B will use reasonable endeavors to notify Party A as soon as reasonably practicable.

9.8 Party B has the right to adjust the system default configuration of the Services from time to time in accordance with its own operational arrangements, and such adjustment shall not constitute a breach of this Agreement by Party B. However, Party B shall notify Party A at least 30 days in advance and Party A shall provide assistance, including transferring and backing up relevant data, making business adjustments and authorizing the adjustments made by Party B in a timely manner. If Party A fails to assist in a timely manner after receiving the notice, or if Party B is unable to contact Party A, Party A shall be liable for any consequences arising therefrom. If the Services are adjusted or terminated due to a Force Majeure Event or for reasons attributable to third parties or any other reasons, Party B shall notify Party A in a timely manner.

9.9 Party B has the right to adjust the implementation mode, main functions and price of the Services based on objective factors such as technological developments, technical architecture adjustments, and marketing. When adjusting the price or important product features, Party B shall issue a notice on the eSurfing Cloud official website at least 15 days in advance, and Party A has the right to decide whether it will continue using the product. For a pre-paid order, the price of the products in annual/monthly subscription mode remains unchanged unless the order is changed or expires, and will be charged according to the price policy issued by Party B upon the change and expiration of the order. If Party A's use of the Services is affected by Party B's price adjustment or major feature adjustment, Party A may apply for unsubscribing from the products in annual/monthly subscription mode according to Party B's unsubscription rules. Please contact the eSurfing Cloud customer service hotline for details.

Article 10   Term and Termination of the Agreement

10.1 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.

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

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

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

10.3.2 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;

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

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

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

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

10.3.7 Where Party A violates other terms of this Agreement.

10.4 If Party B terminates this Agreement due to Party A's breach, Party B shall have the right to withhold the remaining amount (if any) from Party A's eSurfing Cloud account, without prejudice to its other rights and remedies under this Agreement or the law, to offset any losses and damages caused to Party B due to Party A's breach.

10.5 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.

10.6 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 11   Others

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

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

11.3 The latest version of the eSurfing Cloud Service Agreement can be found at:

https://www.esurfingcloud.com/portal/protocol/20685742

The latest version of the eSurfing Cloud User Agreement can be found at:

https://www.esurfingcloud.com/portal/protocol/10144340

The latest version of the eSurfing Cloud Privacy Policy Statement can be found at:

https://www.esurfingcloud.com/portal/protocol/10139040

11.4 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.

Appendix 1

  DB Expert Service Level Agreement

Article 1 General Provisions

China Telecom (hereinafter referred to as "Party B", website: http://www.esurfingcloud.com) provides DB Expert Services (hereinafter referred to as "Services") to the user (also referred to as "Party A") in accordance with the provisions of this Agreement and its operating rules as may be amended from time to time. Party B reserves the right to change the terms of the Service Level Agreement (SLA) at any time.

Article 2 Terms and Service Commitment

A Service Cycle is defined as a calendar month. Any duration less than a calendar month shall not constitute a complete Service Cycle. Unless otherwise specified, a month has 43,200 minutes (30 days x 24 hours x 60 minutes).

Service Scope: Party B offers the DB Expert Services in accordance with the scope of service acquired by Party A and evaluated by Party B.

Service Guarantee: Party B shall set up a WeChat work group during the project implementation period and provide 7x24 support services through the WeChat work group and telephone to Party A.

Communication: Before purchasing the service, Party A can inquire about the ordering via the official website's online customer service.

On the ordering page, Party A needs to enter their personal or business name, contact phone number, and other necessary details. Upon successful purchase, Party B's expert team will take the initiative to contact Party A for further communication.

During the Service period, Party A and Party B may communicate regarding service-related matters via telephone, WeChat, email, or other agreed-upon methods. However, any content or results requiring confirmation by both parties, as well as any delivery documents of Party B, must be sent and confirmed via email.

Deliverables: For installation and deployment, deliverables are working database instances;

For health inspection, emergency response, performance tuning, and other services, the deliverables are the corresponding analysis and processing reports. These report documents must be provided prior to the expiration stipulated in the service agreement;

For the escort expert services and database value-added services, Party B shall provide corresponding services or deliver documents according to the services purchased by customers. For example, eSurfing Cloud provides consulting and design services for database architecture design, offers database architecture design suggestions within the schedule agreed with the customer, and delivers database architecture design documents. After the customer completes acceptance, the service is completed. eSurfing Cloud also provides database migration consulting and design services, provides the database migration proposal within the schedule agreed with the customer, and delivers the analysis report. After the migration is completed and accepted, the service is completed. For any additional needs beyond the scope of the service or inquiries about the deliverables supplied by eSurfing Cloud, the customer is encouraged to provide feedback during the service period. In the event that a delay is attributed to the customer, the customer will need to re-purchase the service.

Article 3 Service Credit

Credit Method: In the event Party B does not meet the commitment on the Service Availability Rate specified in this SLA, Party A is entitled to claim Service Credits as specified in the SLA, which shall be the sole and exclusive compensation for any performance or availability issues for the Services under this SLA.

Time Limit for Application: Party A can apply for service credit in each Service Cycle after the bills are settled. The application must be filed within two (2) months after the end of the Service Cycle in which the incident that's the subject of the claim occurred. Applications beyond the time limit will not be accepted. eSurfing Cloud will make a reasonable assessment of all information provided to us and make a good-faith decision on whether the service credit is approved.

Application Method: Party A can make a claim at the eSurfing Cloud user center.

Compensation duration or frequency: to be determined jointly by both parties through consultation according to the actual situation. In the event that the project is postponed due to reasons attributable to eSurfing Cloud, eSurfing Cloud will provide a complimentary extension of the service period to the customer, without any further compensation.

Article 4 Restrictions

Party B shall not be held responsible for any project interruption, delay, database unavailability, or other issues caused by the following reasons:

(1)    Network failures, device faults, or configuration adjustment of non-eSurfing Cloud devices;

(2)    Unavailability caused by Party A's application or installation activities;

(3)    Party A's application programs or data attacked by hackers;

(4)    Operations authorized by Party A or any Party A's misjudgment in operations;

(5)    Loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A;

(6)    Unavailability caused by Party A's self-upgrading of the database operating system;

(7)    Database operating system vulnerabilities; and

(8)    Unavailability that arises during the period when Party A's services are suspended or terminated according to the laws and regulations at the request of supervision authorities or the relevant agreement;

(9)    Unavailability caused by Party A's failure to use the Services in accordance with the service usage documents or operation instructions (such as the user's shutdown or restart of the database server or services and unloading EVS through incorrect control methods);

(10)  Unavailability caused by other non-Party B reasons;

(11)  Service unavailability resultant from force majeure events or unforeseen accidents; Force majeure or other accidents that are unforeseeable, insurmountable, and unavoidable and have a significant impact on one party or both parties, including but not limited to natural disasters (such as floods, earthquakes, and plague epidemics) and social events (such as wars, strikes, unrest, government actions, interruption of telecom backbone lines, hackers, network congestion, technical change of telecommunications departments, and government policies).

Article 5 Effectiveness and Miscellaneous

This SLA shall take effect and be observed starting from the date when the user applies for the DB Expert. It shall terminate at the termination of the China Telecom eSurfing Cloud DB Expert Service Agreement.