Effective date：2024-06-30
This Micro-Service Application Platform Service Agreement (hereinafter referred to as the "Agreement") is entered into between the user (hereinafter referred to as "Party A") and China Telecom (hereinafter referred to as "Party B"). Party B shall provide the Micro-Service Application Platform Service (“the Services”) 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 fully read, understand and agree to accept and abide by this Agreement before using the Services. If Party A agrees or actually uses the Services in any way, it shall be deemed that Party A agrees and accepts all the contents 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 contents of this Agreement, it shall not use the Services.
1. Product and Service Description
1.1. Party B provides Party A with the Services in accordance with this Agreement. Micro-Service Application Platform is a cloud-native PaaS that offers a comprehensive solution for application hosting and microservices management. It facilitates the development, deployment, monitoring, operation and governance of microservice applications, supporting frameworks such as Spring Cloud and Dubbo, thereby simplifying the cloud transition for enterprise applications.
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 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.
2.2. Pre-conditions for provision of the Services: In order to use the Services, Party A shall first meet all the following conditions:
2.2.1. 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;
2.2.2. Agree to and accept the terms of this Agreement;
2.2.3. Agree to and accept the eSurfing Cloud Service Agreement and the eSurfing Cloud Privacy Policy Statement;
2.2.4. Subscribe to and use the Services in accordance with the Service Rules of the Site;
2.2.5. 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;
2.2.6. Party A shall obtain and maintain the relevant licenses or approvals, including but not limited to the following:
2.2.6.1. 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;
2.2.6.2. If Party A provides non-commercial Internet information services, it shall register non-commercial websites, 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;
2.2.6.3. If the website provides commercial Internet information services, Party A shall also obtain a commercial website license from the local communications administrative department;
2.2.6.4. If Party A provides electronic bulletin services such as BBS, it shall conduct filing or obtain corresponding approval according to relevant laws and regulations;
2.2.6.5. If Party A operates an Internet game website, it shall obtain an Internet culture business permit in accordance with laws;
2.2.6.6. 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;
2.2.6.7. 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;
2.2.6.8. 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.
2.2.7. Other preconditions for using the Services as stipulated in this Agreement.
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 the account manager can assist in activating it at the service console. After the Services are activated, Party A can log in to the Site and complete the configuration and operation related to the Services .
3.2. If there is any inconsistency in the main text of this Agreement, attachments, Service Rules, service descriptions, price descriptions, confirmation terms on the order page, etc. on the relevant pages of the Site, they shall be applicable 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 main text of this Agreement, and (4) the attachments to this Agreement.
4. Service Fees
4.1. The Monthly/annual billing and pay-as-you-go billing modes are available for the Services. Party A shall pay Party B the service fee in accordance with the prompts on the subscription page and the provisions of this Agreement. Party B reserves the right to update the price information and payment method at any time and publish the updated information on the official website of eSurfing Cloud.
4.2. Resource Expiration / Data Deletion and Consequences of Payment Default
4.2.1. For fixed monthly/annual service subscriptions, if Party A 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 Party A's operating permissions for the Services instance and freeze the resources upon the expiration of the service period. 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, etc.), retain the Services instance resources ("Instance Resources") for fifteen (15) calendar days (i.e. the period expires from the suspension start time on the day when the operating authority is suspended to the same time on the fifteenth (15) calendar day thereafter). If the aforementioned fifteen (15) calendar days have expired and the subscription has not been renewed, Party B has the right to immediately release Party A's Instance Resources and delete the instance data upon the expiration of the aforesaid period. Instance data cannot be restored after the deletion.
4.2.2. For products with pay-as-you-go billing services, Party A shall timely recharge and pay the service fees to ensure the continued use of the Services. If Party A's account is in arrears, Party B will suspend Party A's operation permission and freeze resources. Party B will retain the Services resources and continue to store Party A's data for another fifteen (15) calendar days (i.e., starting from the time the permission to perform operations is suspended on the day of such suspension and ending on the same time on the fifteenth day thereafter). If Party A fails to top up its account and pay the full fees within the said period of fifteen (15) calendar days, Party B has the right to immediately release Party A's Instance Resources and delete the instance data when the aforementioned period expires.
4.2.3. For the avoidance of doubt, the "Instance Resources" mentioned here refer to a series of aggregate data including underlying resources, source database information or target database information, and Party B's data; "instance data" refers to including but not limited to deployed machines, specifications and validity period.
5. Service Specifications
5.1. Party A understands and agrees that the use of the Services is its decision made after its independent and careful judgement, and that Party A shall be responsible for its own judgement and operations.
5.2. When Party A uses the Services, Party A should proactively change the initial administrator password of the Services, properly keep all its account passwords, make data backups, and bear the risk of data loss, omission, and damage caused by its own reasons. Party B shall not be liable for this.
5.3. Party A understands and acknowledges that Party B has the right to provide security services based on business needs, and relevant adjustments will not constitute a breach of contract by Party B. Party B promises to notify 24 hours in advance through announcements, emails or site letters. After receiving the notice, Party A shall cooperate with Party B to complete the security service upgrade, including but not limited to transferring and backing up relevant data in a timely manner, making business adjustments, and authorizing our adjustments in response to Party A's needs. If data or information is lost or damaged due to Party A's failure to upgrade, Party A shall bear the consequences.
5.4. Party A understands and acknowledges that Party B will make its reasonable efforts to ensure that the product upgrade operation will not cause network or business interruptions. However, Party B does not rule out that business interruption may occur due to the high complexity of the upgrade, Party A's failure to properly configure high availability, etc., for which Party B is not responsible. Party B will provide customers with notifications including announcements and site messages before upgrading where there is a risk of business interruption.
5.5. Party A shall provide necessary technical parameters to Party B, including but not limited to IP address segments and corresponding application types, server-related parameters, network structure and network resources, and actively cooperate with Party B to complete the implementation and commissioning of the Services project to ensure the normal operation of the Services.
5.6. Party A shall comply with all network security-related regulations in accordance with the eSurfing Cloud Service Agreement and eSurfing Cloud User Agreement that it has signed. If Party A violates any of the warranties in this Agreement and the eSurfing Cloud Service Agreement, including but not limited to not possessing all the qualifications and licenses required to conduct business and performing relevant procedures at the time of signing this Agreement, or losing all or part of it during the validity period of this Agreement, Party B has the right to suspend the Services and require Party A to make corrections within a time limit. If Party A fails to make corrections within a time limit, Party B has the right to terminate this Agreement without assuming any liability. Party A shall bear liability for breach of contract and compensate Party B for corresponding losses.
5.7. Party A understands and fully acknowledges that although Party B has established (and will continue to improve according to the development of technology) necessary technical measures to defend against computer viruses, network intrusions and attacks (including but not limited to DDOS) and other matters that endanger network security or (hereinafter collectively referred to as such behaviors), in view of the limitations, relativity and unpredictability of network security technology and the unpredictability of such behaviors, Party B shall have the right to decide to suspend or terminate the Services if Party A’s account encounters such behaviors, Party B or Party B’s network or server (including but not limited to local, foreign and international networks, servers, etc.) may cause harm, or affect the smooth communication between Party B and the international Internet or between Party B and specific networks, servers and Party B’s internal parties. If a major network incident was caused to Party B for reasons attributable to Party A, Party B reserves the right to pursue Party A's criminal liability and compensation. If Party B terminates the provision of the Services to Party A due to the above terms (except due to Party A's breaches), Party B will calculate the service fee based on the actual number of days used by Party A and return the remaining balance (if any).
5.8. Party A is responsible for effectively managing the accounts that access the Services and to avoid accounts having weak passwords and prevent accounts from being stolen, etc. Party B is not responsible for various business failures, network intrusions and other problems caused by improper account management.
5.9. Party A shall be responsible for the rationality of the configuration of the Services. Party B shall not be held responsible for problems such as improper product configuration, product failure caused by unconfigured products, or failure of the product to perform its actual functions. Party B will use its reasonable endeavours to help users understand the necessity of product configuration and the configuration operation process.
5.10. Party A should understand that any software product may have security vulnerabilities, and Party B will use its reasonable efforts to reduce the occurrence of vulnerabilities, but it cannot avoid their occurrence. Party B will quickly release patches after the occurrence of major vulnerabilities and notify users to upgrade the vulnerabilities in a timely manner through vulnerability announcements, site messages, etc.
5.11. Party A understands and acknowledges that Party B will use its reasonable endeavours to improve the Services levels. However, due to the relative nature and complexity of security, the Services cannot guarantee 100% that Party A's protected system can avoid intrusion. Party A agrees to cooperate with Party B to promote the improvement of the Services capabilities to enhance protection capabilities.
5.12. Party A understands and accepts that the Services can provide access capabilities to the Internet, which may result in being attacked by more attackers. Party B cannot guarantee the rationality of this configuration, nor can it control the resulting security issues that arise. Party B will provide SSL VPN, firewall, security group and other solutions to help Party A restrict such access points exposed to the Internet to reduce the occurrence of problems.
5.13. Party A understands and accepts that the Services are designed to detect and protect network attacks to the greatest extent. However, the detection capabilities of the Services cannot yet guarantee 100% differentiation between normal business and attack traffic. As a result, the business may be misjudged as an attack, resulting in business disruption. Once the problem occurs, Party B will use its reasonable endeavours to cooperate with Party A to correct the problem. Party A agrees to cooperate with Party B to promote the improvement of the Services safety rules.
5.14. This product is effective immediately upon ordering. Unsubscription is not supported except for force majeure factors.
6. User Service Warranty
6.1. Party B provides Party A with customer service via the service hotline +852 3100 0000.
6.2. Party B provides 7 days x 24 hours of customer service to Party A.
7. Technical Support Warranty
7.1. 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.
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 understands and agrees that, for the sake of Party A's data and system security, when Party A needs Party B's engineers to directly operate its Services management, Party A should authorize it by email, work order, phone, etc. Party A shall designate a unique contact person as the authorizer (maintainer) who shall authorize Party B when necessary, that is, only the authorized person has the right to require Party B's engineers to operate its services. And Party B is only responsible for the operation and maintenance of the underlying parts below the operating system. The operating system and the parts above it (such as the applications installed by Party A on the system) are the responsibility of Party A. In addition, if Party A fails to communicate with Party B's engineers during the authorization period and performs operations on its own, resulting in business unavailability and other risks, Party A shall bear the risk.
8.3. 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 the following circumstances, Party A shall bear the corresponding liability for breach of contract:
8.3.1. 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 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;
8.3.2. 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;
8.3.3. Where Party A carries out fraudulent and misleading behaviors 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;
8.3.4. Where Party A conducts malicious scanning, illegal intrusion into the system, illegal acquisition of data and other behaviors that damage or attempt to damage network security;
8.3.5. 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 to be occupied/preempted;
8.3.6. Where Party A engages in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", "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;
8.3.7. 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) to Party A's eSurfing Cloud account.
8.4. 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.
8.5. If services in the Mainland China is involved, 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.
9. Term and Termination of the Agreement
9.1. This Agreement becomes effective from the date when Party A successfully purchases or applies for activation of the Services, 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. Party B discovers on its own or based on information from relevant departments, complaints from rights holders, etc. that the assets added or scanned by Party A are not legally authorized;
9.3.2. According to laws, regulations, or the requirements of government agencies;
9.3.3. 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;
9.3.4. Due to any changes in laws or policies, it is not practical for Party B to continue to provide services to Party A;
9.3.5. Where Party A fails to pay relevant fees (if any) in full and on time;
9.3.6. 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 Statement of this website;
9.3.7. Where Party A no longer meets any of the pre-conditions for the Services set out in Article 2.2 of this Agreement;
9.3.8. Where Party A violates other terms of this Agreement.
9.4. If Party B terminates this Agreement due to Party A's breach of contract, Party B shall have the right to withhold the remaining amount (if any) in Party A's eSurfing Cloud account to offset any losses and damages caused to Party B, without prejudice to its other rights and remedies under this Agreement or laws.
9.5. Party B may terminate the Services 30 days in advance by publishing an announcement on the Site, or by sending an on-site notice or a written notice to Party A, in which case, Party B shall return the amount paid by Party A but not consumed (without interest) to Party A's eSurfing Cloud account.
9.6. If any clause in this Agreement is completely or partially invalid or unenforceable for any reason, the remaining clauses in this Agreement shall still be valid and binding.
10. Others
10.1. 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 the Parties. If the eSurfing Cloud Website 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.
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, 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.
10.3. 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
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.
Appendix 1
China Telecom (hereinafter referred to as "Party B", website: https://www.esurfingcloud.com) provides Micro-Service Application Platform (MSAP) (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.
Party B undertakes that the service availability rate of an MSAP is no less than 99.95% per service cycle.
Service cycle is based on calendar months. Any duration less than a calendar month shall not constitute a complete Service Cycle. Unless otherwise specified, a Service Cycle is the total number of days in a Service Cycle x 24 (hours) x 60 (minutes).
Single Instance Service Unavailability: If the Micro-Service Application Platform (MSAP) service is completely interrupted due to eSurfing Cloud issues for more than ten minute within a given minute, it will be considered that the service is unavailable for that minute. Unavailability of less than ten minute within the minute will not be counted.
Service availability is calculated per instance as follows:
Service Availability = (Total Minutes in a Single Instance Service Cycle - the Single Instance Service Unavailable Minutes)/Total Minutes in a Single Instance Service Cycle x 100%.
1. Compensation Standard
In the event Party B does not meet the commitment on the Service Availability Rate specified in this SLA, Party A can apply for compensation in accordance with the provisions of this SLA. The compensation will be issued in the form of service compensation time, and this compensation is the sole and exclusive compensation provided by Party B to Party A if the Services does not meet the service availability commitment.
Service Availability SLA | Service Compensation time (minutes) |
99.0% <= SLA < 99.95% | 4320 |
95.0% <= SLA < 99.0% | 10800 |
SLA < 95.00% | 43200 |
2. Time Limit for Claims
(1) If the Service Availability in a Service Month fails to meet the Service Availability Standard, Party A may submit a compensation application only through the ticket system under Party A's account after the fifth (5th) business day of the month immediately following the end of the corresponding Service Month that does not meet the standard. Party B will conduct corresponding verification upon receipt of such compensation application. If there is any dispute between the parties over the calculation of the Service Availability for a Service Month, both Parties agree that the back-end record of Party B shall prevail.
(2)The latest time for Party A to submit an application for compensation shall not exceed sixty (60) calendar days after the end of each month of the corresponding service that fails to meet the standard. If Party A does not submit an application for compensation within sixty (60) days after the end of the corresponding monthly service that fails to meet the standard, or does not file an application for compensation until sixty (60) days after the end of the corresponding monthly service that fails to meet the standard, or if Party A makes an application through a method other than that stipulated in this Agreement, it will be deemed that Party A has automatically given up its right to demand compensation and claim other rights against Party B. Party B has the right not to accept Party A’s application for compensation and not to make any compensation to Party A.
The unavailability of Party A's Micro-Service Application Platform Services due to the following reasons shall not be counted in the unavailability time:
(1) Scheduled system maintenance, including cutover, repair, upgrade, or simulated failure exercises, for which Party B has provided prior notice to Party A;
(2) Caused by network or equipment failure or configuration adjustment other than Party B’s equipment;
(3) Unavailability caused by Party A's application or installation activities;
(4) Party A's application programs or data attacked by hackers;
(5) caused by Party A’s negligence or operations authorized by Party A;
(6) caused by Party A’s improper maintenance or confidentiality resulting in the loss or leakage of data, passphrases and passwords, etc.;
(7) Unavailability caused by Party A's own upgrading of the operating system;
(8) Operating system vulnerabilities; and
(9) 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;
(10) Unavailability caused by Party A's failure to use the Services in accordance with the service usage documents or operation instructions (such as Party A's shutdown or restart of the vulnerability management through control methods such as the console, API and other control methods, etc.);
(11) Unavailability caused by other reasons not caused by Party B;
(12) Service unavailability resulting from force majeure events or unforeseen accidents. Force majeure and unexpected events refer to objective events that are 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, epidemics, etc.) and social events such as wars, strikes, unrest, government actions, interruption of telecom backbone lines, hackers, network congestion, technical adjustments in the telecommunications sector and government regulations, etc..
Party B shall not be liable for failing to perform its commitment due to the above reasons. If either party fails to perform the SLA in whole or in part due to force majeure and upon written notice to the other party, such party shall not be liable for the affected clauses of the SLA during the period of failure to perform these clauses and within the affected scope of such non-performance. Once the impact of such force majeure events or other unexpected event is eliminated, the affected party shall use reasonable endeavours to resume performance under this Agreement.