This eSurfing Cloud Dedicated Access 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 Dedicated Access Services to Party A through the eSurfing Cloud global website (www.esurfingcloud.com, the "Site" or "eSurfing Cloud") in accordance with this Agreement. Party A shall use the eSurfing Cloud Dedicated Access Services in accordance with this Agreement.

Before using the eSurfing Cloud Dedicated Access 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 the Parties. If Party A does not agree with this Agreement, it shall not use the eSurfing Cloud Dedicated Access 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 eSurfing Cloud services.

Article 1   Product and Service Description

1.1 "eSurfing Cloud Dedicated Access Services" (hereinafter the "Services") refer to the network connection services between the local Internet Data Center ("IDC") provided to the Customer by Party B and the eSurfing Cloud Virtual Private Cloud ("VPC"), and consist of physical dedicated access and dedicated access gateways.

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.

    If any modification to eSurfing Cloud services or this Agreement materially affects the Customer or materially restricts access to or use of eSurfing Cloud services, Party B will notify the Customer within a reasonable period of time prior to the modification. However, Party B may not give advance notice to the Customer if such modification to this Agreement or eSurfing Cloud services does not materially affect the Customer or materially restrict access to or use of eSurfing Cloud services. In respect of amendments to eSurfing Cloud services that are made in order to comply with security, legal or regulatory requirements, Party B may not be able to meet the foregoing advance notice time requirements, however, Party B will notify the Customer as soon as possible.

2.2 Party A shall separately submit to Party B any new line service requirements. Subject to agreement between the Parties on the one-off fee, Party A may submit to Party B in writing a new line service request affixed with Party A's official seal or the seal of the authorised department in accordance with the terms and conditions of this Agreement. Party B will, upon examination and approval of the request, provide new line services to Party A within the time limit set out in Article 3.2.3 of this Agreement.

Article 3   Service Specifications

3.1 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:

3.1.1 The Customer shall, prior to its using the cloud dedicated access to connect to the network on and off clouds, ensure that its local IDC has directly linked to the eSurfing Cloud resource pool of the purchased eSurfing Cloud services, and that a VLAN has been assigned to each dedicated access when a shared port is used;

3.1.2 The Customer shall design the network between its own local IDC and the eSurfing Cloud VPC on its own, and shall be solely responsible for any network failures caused by network segment conflicts;

3.1.3 The Customer shall be responsible for operations on its own (such as amending VLANs and subnets); 

3.1.4 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.

3.2 Party B will provide the Services on the terms and conditions of this Agreement, which cover only the technical architecture and components for the cloud dedicated access instance. The Customer shall be solely responsible for services out of the scope of the Services. In addition, modifying the network segment by the Customer itself may cause a breakdown of communications or other adverse effects, and the Customer shall assess the risk and take caution in the operation.

3.3 Dependence and Impact of Product Effectiveness

3.3.1 Under normal circumstances, during its use of the Services, if the Customer needs other eSurfing Cloud services (such as virtual private clouds, cloud drives, or cloud desktops), it shall activate, subscribe to, and pay separately for such infrastructure products (such as such as virtual private clouds, cloud drives, or cloud desktops), and Party B will provide services in accordance with the terms of service and service level agreements for such infrastructure products.

3.3.2 The Services function on the basis of infrastructure services such as virtual private clouds, cloud drives, and cloud desktops. Therefore, the unavailability or termination of such services based on which the Customer activates the Services will lead to a malfunction of the Services.

Article 4   Service Fees

4.1 If Party A intends to use the Services, it shall pay Party B for the service items it actually uses.

4.2 The specific types of services under the Services and the corresponding service fees are subject to the Service Rules of the Site and the information displayed on the subscription page of the Services, and Party A may choose the specific type of services and pay the corresponding service fee as set forth in the then-current effective fee schedule on the Site.

4.3 Party A authorizes Party B to debit from Party A’s account the service fees payable for the Services to which Party A subscribes. Party A shall maintain a sufficient account balance at the time of subscription to ensure the payment of service fees to Party B and its smooth use of the Services.

4.4 Party A reserves the right not to provide the Services and/or technical support to the Customer or to terminate the Services and/or technical support until the Customer has paid all the fees as agreed. If the Customer is in arrears, Party A reserves the right not to provide the corresponding services during the period of arrears and the Customer shall not apply for new installation, renewal or change of the services.

4.5 The Customer understands and agrees that all complimentary service items, marketing activities and other incentives are one-time, limited offers made available by Party B in addition to its standard service price, and the content of the offer does not include the modification, update and maintenance costs of the complimentary service items, and the complimentary service items may not be converted to offset the service price.

4.6 If Party A disagrees with the service fee to be paid, it shall submit a request for verification to Party B in writing. If the fees are confirmed to be incorrect upon the verification by the Parties, Party B shall adjust the corresponding fees.

Article 5   Customer Service Warranty

5.1 Party B shall provide Party A with 24/7 pre-sales and after-sales services.

5.2 Party B provides Party A with customer services within a response time of no more than 30 minutes after acceptance of a fault.

5.3 Pre-sales and after-sales services will be made available by Party B via:

        Hotline: + 852 3100 0000 (recommended);

        E-mail: *pre-sales: cs@chinatelecomglobal.com;

                    after-sales: global.noc@chinatelecomglobal.com

Article 6   Technical Support Warranty

6.1 Upon Party B’s acceptance of fault reports of Party A, Party B will provide Party A with technical support based on the circumstances and the requirements of Party A.

Article 7   Party A’s Rights and Obligations

7.1 Party A shall activate and use the Services hereunder with true identity provided that it is a natural person, a legal person or other organization with the capacity for full civil rights and civil conducts. Upon the request of Party B, Party A shall submit documents of capacity and business qualifications and licenses and permits for engaging in relevant services for Party B’s review. Party A warrants that the information provided is true, complete, accurate, legitimate and valid and shall be held liable therefor.

7.2 If the Customer does not have the qualifications as agreed in this Agreement, Party B has the right to suspend the provision of the Services, require the Customer to rectify within the deadline or directly terminate this Agreement, and hold the Customer liable accordingly. If there is any change in the contents of the capacity or business qualification document, the Customer shall provide the most updated document to Party B as soon as possible upon the completion of change.

7.3 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.

7.4 Party A may not authorize any third party other than itself to use the Services hereunder by transferring, leasing the Services or providing access to the Services for free, or in any other manner. Otherwise, Party B has the right to terminate this Agreement and hold Party A liable accordingly.

7.5 If Party A no longer intends to use the Services, it shall adjust the configuration and stop using the Services. By continuing to use the Services and data, Party A continues its subscription to the Services for which Party A is liable to pay Party B in accordance with this Agreement.

Article 8   Party B’s Rights and Obligations

8.1 Party B shall provide the Services to Party A and configurate and conduct network debugging for the platform supporting the Services based on the information provided by Party A.

8.2 Party B shall provide Party A with 24/7 technical support services consisting of routine maintenance, monitoring and prompt troubleshooting services with respect to the nodes of the Services to ensure that the Services hereunder are available to Party A.

Article 9   Liability for Breach of Contract

9.1 The Parties shall comply with the terms of this Agreement and the violation by either Party of any provisions hereof shall constitute a breach of contract on the part of that Party. In case of any breach of this Agreement, the breaching Party shall compensate the non-breaching Party for any losses incurred as a result thereof.

9.2 In addition to Party A's liability for breach of contract under other provisions hereof, if Party A violates the relevant laws and regulations, this Agreement, the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, including but not limited to not having all the necessary qualifications or licenses to conduct business or failing to go through the relevant formalities on the date or during Party A’s performance hereof, Party B has the right to suspend the provision of the Services and require Party A to make rectification within the deadline; if Party A fails to make rectification within the deadline, Party B has the right to terminate this Agreement without any liability. Party A shall be liable for its violation and breach of contract and shall compensate Party B for losses arising therefrom.

9.3 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 Behavior, 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 decide to suspend or terminate the Services without liability. If a major network accident is caused to Party B for reasons attributable to Party A, Party A will be held civilly, criminally or otherwise liable, and shall be liable for compensating Party B for any losses arising therefrom.

9.4 If Party B terminates the Services provided to Party A according to the provisions above, Party B will calculate the service fee based on the actual amount of Services used by Party A. The fees paid by Party A for the Services yet to be used (if any) will be refunded to Party A’s eSurfing Cloud account; while the outstanding fees payable by Party A for the Services used by it shall be paid by Party A in arrears and Party A shall be liable for corresponding breach of contract.

9.5 Party B shall not be deemed to be in breach of contract in the event of the suspension of the Services provided to Party A due to adjustment to or upgrade of the system, or in the event of delay in or change to or suspension of the Services attributable to Party A’s network or devices.

Article 10   Force Majeure

10.1 Force majeure for the purposes of this Agreement refers to the circumstances beyond the reasonable control of either Party arising during the performance of this Agreement, including but not limited to earthquakes, typhoons, floods, fires, rainstorms, tempests, riots, disturbances, natural disasters, severe weather, lightning, explosions, civil unrest, labor shortages or labor disputes, public health emergencies, wars, military operations, network unavailability, power failures or power cut, sabotage of communication lines, loss of power or shortage of power supply, vandalism, acts or threats of terrorism, hacking, computer virus intrusion or attack, epidemic (including COVID-19), global pandemic or infectious disease, acts of government or other competent regulatory authority (including, without limitation, regulatory or other telecommunication operators or third party providers or management or other competent bodies), change in applicable laws, regulations and policies, and other unforeseen objective events whose occurrence and consequences are unavoidable, inevitable and insurmountable.

10.2 Where Party A and/or Party B fail(s) to perform its (or their) obligations hereunder in whole or in part due to force majeure, the affected Party(ies) shall not be liable for breach of contract, but it (they) shall inform the other Party in writing of the situation within fifteen (15) days of occurrence thereof, and provide supporting documents issued by relevant authorities. Once such force majeure event has been corrected or rectified, the Party(ies) shall make its (their) best efforts to resume the performance hereof. If, as a result, the resumption of performance hereof is impossible or unnecessary, either Party shall have the right to terminate this Agreement.

Article 11   Term and Termination of Agreement

11.1 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.

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

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

11.3.1 According to the requirements of laws and regulations or competent authorities;

11.3.2 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;

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

11.3.4 Where Party B terminates this Agreement by publishing an announcement on the Site, sending Party A an internal notice or a written notice 30 days in advance;

11.3.5 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; 

11.3.6 Where Party A violates other terms of this Agreement.

11.4 Except as stipulated in Article 11.3, 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.

11.5 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.

11.6 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 12   Others

12.1 Party B has the right to amend or change the Services or this Agreement from time to time by placing announcements on the Site, without further notice to Party A; Party A may choose to either continue or cease its use of the Services as of the date of Party B’s announcement. By continuing to use the Services, Party A fully reads, understands, accepts and will comply with the Services as changed or this Agreement as amended. If Party A does not accept the Services as changed or this Agreement as amended, it shall immediately cease to use the Services.

12.2 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 and the eSurfing Cloud Service Agreement between Party A and Party B is terminated, this Agreement will be automatically terminated.

12.3 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 User Website Agreement and the eSurfing Cloud Service Agreement, this Agreement shall prevail.

12.4 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

12.5       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.