This eSurfing Cloud Open Beta Test (OBT) Product Service Agreement (the "Agreement") is entered into between the user (also known as "Party A" or the "Customer") and China Telecom (also known as "Party B"). Party B shall provide the eSurfing Cloud OBT Product to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, also known as the "Site" or "eSurfing Cloud") in accordance with the provisions of this Agreement. Party A shall use the Services in accordance with this Agreement.

Party A shall read the entire content of this Agreement carefully before using the eSurfing Cloud OBT Product. If Party A clicks to agree, it will be deemed that Party A agrees and accepts all the content of this Agreement. This Agreement constitutes a legally binding agreement between Party A and Party B.  If Party A does not agree with any of the content of this Agreement, it shall not use the OBT Product.

1. Definition

1.1 "eSurfing Cloud OBT Product" (hereinafter referred to as the " OBT Product" or the "Services") refers to the product or service under an Open Beta Test (OBT) provided by Party B to the Customer. To activate an OBT product, the Customer can make an application on the eSurfing Cloud console, and manage the OBT Product through the eSurfing Cloud Control Center.

1.2 "Network Connectivity" refers to the connectivity between the cloud products in the public cloud data center provided by Party B and the Internet.

1.3 "Fault Acceptance" refers to the process of Party A reporting problems or complaining through the customer service hotline provided by Party B and getting a reply from Party B in case of problems affecting its normal use of the Services.

1.4 "Non-fault Acceptance" refers to the process of Party A consulting to or making declarations or complaining through the customer service hotline provided by Party B and getting a reply from Party B in case of problems not affecting its normal use of the Services.

1.5 "Response Time" refers to the time taken by Party B to reply to Party A after receiving Party A's consultation, declaration or complaint.

1.6 "The Site" or "eSurfing Cloud Platform" refers to the official eSurfing Cloud website platform at www.esurfingcloud.com.

1.7 This Agreement includes the main body and appendices of the eSurfing Cloud Open Beta Test (OBT) Product Service Agreement, and rules, notices, and announcements related to the Services that Party B has already published or may publish in the future (collectively referred to as the "Service Rules"). The Service Rules constitute an integral part of this Agreement and have the same legal effect as the main body of this Agreement.

Article 2 Service Content

2.1 Party B shall provide Party A with the eSurfing Cloud OBT Product such as relational database for free trial in accordance with this Agreement. The specific content and usage of the Services are subject to the services displayed on the Site and actually provided by Party B upon Party A's application. Party B has the right to continuously update the service content. Both Parties agree that the provision of the Services under this Agreement only applies to Hong Kong, China.

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 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 regulations, and the relevant qualification documents have been submitted in accordance with this Agreement to Party B and approved by Party B.

Party A shall obtain and maintain the relevant licenses or approvals, including but 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 register non-commercial websites, and ensure that all the filing information submitted is true and valid, and promptly submit the updated information in the registration system when the registration information changes;

(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 electronic bulletin services such as BBS, it shall conduct filing or obtain corresponding approval according to relevant laws and regulations;

(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 an 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 license 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 Service or Agreement Amendments

Party B has the right to amend this Agreement and/or various service rules from time to time as necessary, and any changes will be announced on this Site without separate notice to Party A. The amended Agreement and rules shall take effect automatically upon announcement and become part hereof. If Party A does not accept the relevant amendments, it shall immediately cease to use the Services. By continuing to use the Services, Party A is deemed to agree to comply with the amended Agreement and service rules.

3. Service Warranty

3.1 Service Description

3.1.1 Party B provides Party A with customer service via the service hotline +852 3100 0000;

3.1.2 Party B provides 7 days x 24 hours of service to Party A;

3.1.3 Party B provides Party A with a response time of no more than 30 minutes after fault acceptance; and a response time of no more than 1 hour after non-fault acceptance.

3.2 Service Warranty

3.2.1 After Party B accepts the handling of faults or non-faults from Party A, it will provide Party A with a technical support warranty according to the specific situation and Party A's needs. The service hours of Party B's engineers are 7 days x 24 hours.

3.2.2 When Party A requires Party B's engineers to directly operate the Services/its services, Party A should authorize it by email, work order, telephone, etc. Party A shall designate a sole contact person as the authorizer (maintainer) who shall authorize Party B when necessary, which means that only the authorized person has the right to require Party B's engineers to operate the Services/its services. Party B shall provide corresponding services to Party A in accordance with the service scope in this Agreement. Party B is merely responsible for the operation and maintenance of the underlying part below the operating system, and Party A is responsible for the operating system and the part above it (for example, the applications installed on the system by 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 which results in business unavailability and other risks, Party A shall bear the risk.

4. Party A's Rights and Obligations

4.1 Party A guarantees that it has the legitimate right to use the information transmitted through Party B's services under this Agreement, and that its use of Party B's services shall not violate applicable laws and regulations, social public order and good customs, and its operations shall not exceed the scope of the business license or filed projects, and it shall not infringe on the legitimate rights of any third party by using Party B's services.

4.2 When using the OBT Product, Party A understands and agrees that Party B will only provide transmission services to Party A during the service period of OBT Product, and shall not be responsible for the storage or backup of Party A's data (the "user data") on the eSurfing Cloud Platform. Party A shall store or back up its data and be responsible for the integrity and confidentiality of its data stored on the eSurfing Cloud platform and the codes and passwords used for accessing and managing various products and services on the eSurfing Cloud platform. Party A shall be responsible for its data under applicable privacy protection laws, including but not limited to responding to user data rights. Party A shall be responsible for any losses and consequences caused by the data loss, omission, destruction or user data leakage caused by the Customer, and Party A understands and agrees that Party B shall not be liable for this.

4.3 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 alike, and actively cooperate with Party B to complete the implementation and commissioning of the OBT Product to ensure the normal operation of the Services.

4.4 Party A understands and agrees that Party B will not make any commitment to the availability and reliability of any service during the free trial period of the OBT Product. Party B shall not be liable to Party A for any tasks or results as a consequence of its free trial use of the OBT Product. However, Party B will cooperate with Party A to solve problems, and continuously improve its service quality and level. In case of any problems, Party A can inform Party B through the official service hotline to obtain technical support. If such problems cannot be solved, Party A shall cease the free trial use of the OBT Product.

5. Party B's Rights and Obligations

5.1 Party B shall provide the OBT Product and related support services in accordance with the terms and conditions stipulated in this Agreement. Party B has the right to audit Party A's use of the Services by itself or through a third party.

5.2 If Party B is investigated, sued, punished or claimed for compensation because Party A uses the Services in violation of provisions hereof, Party B shall have the right to terminate the Services and request Party A to assume all losses so caused to Party B.

5.3 Party B will, following the expiration of the service period or early termination of the service period (including early termination by mutual agreement, and early termination due to other causes), no longer keep Party A's user data, and will delete the resources or services activated on the eSurfing Cloud Platform and clear the configuration data. Once the Customer's business data is deleted, it cannot be recovered. Party A shall bear the consequences and liabilities arising from the deletion of the data, and Party A understands and agrees that Party B has no obligation to retain, export or return the Customer's data.

5.4 Both Parties shall be responsible for the confidentiality of the other party's confidential information obtained because of the Services.

5.5 The OBT Product hereunder is only a free trial product.  Party B will provide the OBT Product to Party A free of charge during the free trial period (which period shall be in accordance with the activity period recorded on the relevant OBT Product webpage). After the free trial period ends, Party B has the right to take the product offline or end the OBT, launch the product officially and may charge relevant fees. At that time, Party B will make an announcement of such changes, including the charging policies and regulations, by posting a notice on the Site or sending a website notice 10 days in advance. To continue its use of the Services, Party A shall sign separately the relevant product service agreement with Party B and pay fees in accordance with the agreement and charging policy in effect at that time.

5.6 Party B reserves the right to modify, cancel or enhance one or more functions of the OBT Product at any time, and request Party A to use the latest version. Party B shall notify Party A in advance by publishing an announcement on the Site or sending a website notice.

5.7 Currently, use of the OBT Product is free of charge. Nevertheless, unless otherwise agreed by both Parties, Party A shall pay the corresponding service fees to Party B for other paid services obtained and used by Party A in relation to the OBT Product in accordance with the charging standards effective at that time, and comply with the relevant service agreement  (including but not limited to this Agreement, and shall be subject to those specified in this Site).

6. Liability for Breach

6.1 Either party shall bear the liability for breach of contract in accordance with the law.

6.2. Under any circumstances, the total liability of Party B to Party A for breach shall not exceed the total service fees of the service in breach.

7. Others

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

7.2 For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website 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 Website User Agreement, the eSurfing Cloud Service Agreement, and the eSurfing Cloud Privacy Policy Statement, this Agreement shall prevail. 

7.3 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 Website 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

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.