This eSurfing Cloud Elastic Scaling 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 Elastic Scaling Services to Party A through Party B’s official website platform (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement. Party A shall use the eSurfing Cloud Elastic Scaling Services in accordance with this Agreement.

Before using the eSurfing Cloud Elastic Scaling 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 Party A and Party B. If Party A does not agree to accept this Agreement, it shall not use the eSurfing Cloud Elastic Scaling Services.

Article 1   Product and Service Description

"eSurfing Cloud Elastic Scaling Services" (the "Services" or the "ES Services") mean the management service provided by Party B, which automatically adjusts its elastic server instances resources with strategies that automatically adjust the elastic computing resource  according to users' business requirements and strategies.

Article 2   Service Content

2.1 Party B shall provide Party A with the ES 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 Party B promises to provide the Services to the Customer in accordance with the requirements of Appendix I "the eSurfing Cloud Elastic Scaling Service Level Agreement".

Article 3   Service Activation

3.1 After paying the fees, and successfully purchasing the cloud product associated to the ES Services, Party A can log in to the Site and apply to activate the ES Services in the management console.  Upon the activation of the Services by Party B for Party A, Party A may conduct the relevant configuration and operations of the ES Services.

3.2 Party A shall keep its account balance sufficient to ensure the continuous use of the cloud product services associated with the ES Services. If the account balance of Party A is insufficient, Party B has the right to terminate the service provided to Party A.

Article 4   Service Fees

4.1 The Services are a more optimised additional service provided by Party B for its subscribers who have already activated and used eSurfing Elastic Server Services, and Party A may activate the Services free of charge. 

Article 5   Customer Service Warranty

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

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

5.3 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 1 hour after acceptance of a non-fault case.

Article 6   Technical Support Warranty

6.1 After Party B accepts Party A’s fault or after Party B’s non-fault acceptance, 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 ES 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 the authorizer has the right to require Party B’s engineers to operate its ES 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 ES Services project to ensure the normal operation of the Services.

7.3 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.

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 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 8   Term and Termination of 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 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, the eSurfing Cloud Service Agreement, the eSurfing Cloud Legal Statement or the eSurfing Cloud Privacy Policy;

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

8.3.7    Where Party A violates other terms of this Agreement.

8.3.8    Where, except as stipulated in Articles 8.3.6 and 8.3.7, Party B terminates this Agreement according to this Agreement.

8.4 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.

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

8.6 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 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. 

Appendix I

eSurfing Cloud Elastic Scaling Services Service Level Agreement

Article 1 General Provisions

China Telecom  ("eSurfing Cloud" or "Party B", at www.esurfingcloud.com) provides Elastic Scaling Services (the "ES Services" or the "Services") to the Customer (also referred to as "Party A") in accordance with the eSurfing Cloud Elastic Scaling Services Agreement and these terms (this "SLA").

Article 2 Service Commitment

For the ES Services to be used by Party A, an availability rate above 99.95% (ninety nine point ninety five percent) is guaranteed by Party B. Party B guarantees the availability of the Services provided to Party A. Party A will be solely responsible for the operating system and the applications installed therein once Party A checks the Services provided by Party B in the console of China Telecom Cloud and verifies the same in a timely manner (where Party A fails to give any feedback concerning the Services within 2 business days, it will be deemed to have verified the good working condition thereof).

Article 3 Service Description

One Service Cycle is one month. If the Customer uses the Services for less than one month, it will not be deemed to have used such Services for one Service Cycle. Unless otherwise specified, one month means 43,200 minutes (i.e. 30 days*24 hours*60 minutes).

The availability of the Services is measured by an ES Service per Customer.

Service Unavailability refers to a state where the Services provided remain unavailable for a consecutive 5 minutes (not meeting the availability rate commitment made by Party B), while any Service Unavailability persisting for less than 5 minutes will not be considered for the purpose of calculating Service Unavailability Duration.

Article 4 Force Majeure and Exclusion of Liability

The duration of unavailability of the Services provided to Party A will not be considered for the purpose of calculating the Service Unavailability Duration if such unavailability arises from:

(a)            system maintenance of the Services conducted by Party B with prior notice to Party A;

(b)            any circuits or equipment of Party A;

(c)            applications of or installation operations by Party A;

(d)            negligence on the part of Party A or any operation authorized by Party A;

(e)            loss or leakage of data, passwords, codes, and so forth caused by improper maintenance or inadequate confidentiality measures by Party A;

(f)             upgrade of the operating system by Party A itself; 

(g)            force majeure and unforeseen events.