Effective date:2024-10-28
This eSurfing Cloud YI-MapReduce Service Agreement ("Agreement") is entered into between the user ("Party A" or "the Customer") and China Telecom (also known as "Party B"). Party B shall provide the eSurfing Cloud YI-MapReduce Services to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, also known as the "Site" or "eSurfing Cloud") and Party A shall use the Services in accordance with the provisions of this Agreement.
Party A shall read the entire content of this Agreement carefully before using the eSurfing Cloud YI-MapReduce Services. 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, please do not use the eSurfing Cloud YI-MapReduce Services.
If Party A has any questions about this Agreement, please 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 content of this Agreement or is unable to accurately understand Party B's explanations, please do not subscribe to or use eSurfing Cloud services.
Article 1 Definitions
1.1 eSurfing Cloud YI-MapReduce Services ("the Services") is a data processing and analysis services based on the cloud computing platform, which helps customers rapidly upload big data to the cloud, easily run high-performance big data components such as Doris, Elasticsearch, Hive, Kafka, Spark, Flink, etc. and build an enterprise-level big data platform that is immediately ready for use, safe, reliable and easy to manage.
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 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:
(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 at the time of signing this Agreement and throughout the performance of this Agreement;
(2) Agree to and accept the eSurfing Cloud Service Agreement;
(3) Agree to and accept the terms of this Agreement;
(4) Subscribe to and use the Services in accordance with the Service Rules of the Site;
(5) Other preconditions for using the Services as stipulated in this Agreement.
Article 3 Service Fees
3.1 Party A shall pay Party B the service fee in accordance with the provisions of this Agreement.
3.2 The specific content of the Services and the service fees are subject to the service rules on the Site and the information listed and publicized on the service subscription page. Party A can choose the specific service type and pay the corresponding service fees according to the current pricing system on the Site.
3.3 Party B reserves the right to update the price and payment method at any time, and will publish the updated information on the official website of eSurfing Cloud.
3.4 The price and payment hereof shall be based on the price and payment method agreed upon by Party A when subscribing to the eSurfing Cloud YI-MapReduce Services.
3.5 If Party A disagrees with the service fees to be paid, it shall submit a written request for verification to Party B. If both Parties confirm that there is indeed an error in the verification, Party B shall adjust the corresponding fees.
Article 4 Service Activation
4.1 Party B will enable the Services for Party A after the subscription is completed. After the Services are activated, Party A can log in to the Site and complete the configuration and operation related to the Services in the management console.
4.2 Party A shall ensure adequate balance in its account to continuously use the Services. If Party A's account balance is insufficient, Party B is entitled to terminate the Services provided to Party A.
Article 5 User Service Warranty
5.1 Party B provides Party A with customer service via the service hotline +852 3100 0000 and service email cs@chinatelecomglobal.com.
5.2 Party B provides 7 days x 24 hours customer service to Party A.
Article 6 Technical Support Warranty
6.1 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.
6.2 Party A understands and agrees that for the security of Party A's data and system, when Party A requires Party B's engineers to directly operate its eSurfing Cloud YI-MapReduce 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 its eSurfing Cloud YI-MapReduce Services. 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.
Article 7 Party A's Rights and Obligations
7.1 When using the Services, Party A shall back up data and bear the risk of data loss, omission and 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, networking structure and network resources, and alike, and actively cooperate with Party B to complete the implementation and commissioning of the eSurfing Cloud YI-MapReduce to ensure the normal operation of the Services.
7.3 Party A shall comply with all network security-related regulations in accordance with the signed eSurfing Cloud Website User Agreement and eSurfing Cloud Service Agreement. If Party A breaches any of the warranties in this Agreement and the eSurfing Cloud Website User Agreement, and eSurfing Cloud Service Agreement and 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.
7.4 Party A understands and fully acknowledges that although Party B has established (and will continue to improve according to technological development) necessary technical measures to defend against computer viruses, network intrusions and attacks (including but not limited to DDoS) and matters or actions that endanger network security (hereinafter collectively referred to as such Behavior), however, in view of the limitations, relativity and unpredictability of network security technology and the unpredictability of such Behavior, if Party A's account experiences such Behavior and causes harm to Party B or Party B's network or server (including but not limited to local, foreign and international networks, and servers) , or affects the smooth communication between Party B and the international Internet or between Party B and specific networks, servers, and Party B's internal parties, Party B shall have 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 balance (if any) to Party A's eSurfing Cloud account.
Article 8 Term and Termination of the 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 service subscription 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 laws, regulations or the requirements of 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 changes in laws or policies, 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, and the eSurfing Cloud Service Agreement of this Site;
8.3.6 Where Party A no longer meets any of the pre-conditions for the Services set out in Article 2.2 of this Agreement;
8.3.7 Where Party A violates other terms of this Agreement.
8.4 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.
8.5 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 (without interest) to Party A's eSurfing cloud account (other than due to breach of contract by Party A).
8.6 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.
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, the eSurfing Cloud Website User Agreement, and the eSurfing Cloud Service Agreement, this Agreement shall prevail.
9.3 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
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 1
Article 1 General Provisions
China Telecom (hereinafter referred to as "eSurfing Cloud" or "Party B", hyperlink: www.esurfingcloud.com) provides eSurfing Cloud YI-MapReduce(hereinafter referred to as the "Services") to the user (also referred to as "the Customer" or "Party A", together with Party B or China Telecom referred to the "Parties") in accordance with the provisions of this Service Level Agreement (also known as "SLA") and its operating rules as may be amended from time to time. Party B reserves the right to change the terms of this SLA at any time.
Article 2 Service Commitment
Party B undertakes that the service availability rate of the Services is no less than 99.9% per service cycle.
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 Unavailability: If error codes are returned for all valid requests initiated by users within 5 minutes due to YI-MapReduce, the Services in the current region will be considered as unavailable during this period. Service unavailability does not include a situation in which the Services are unavailable due to the limitations described below.
Service Unavailable Minutes: refers to the total number of minutes of service unavailability in a Service Cycle. Service Unavailable Minutes shall not be counted repeatedly, that is, the service unavailable time of each Service Cycle shall not be included in the service available time of the next Service Cycle.
Valid requests: refer to requests sent by users to invoke the functions of YI-MapReduce through APIs. Requests triggered in the following scenarios are not valid: (1) Current limit requests due to triggering of frequency control. (2) Failed requests due to service upgrades, changes, and downtime. (3) Customer-side requests for YI-MapReduce through APIs due to hacking.
Service Availability Rate for a Given Service Cycle = (Total Minutes in a Service Cycle – Minutes of Unavailability)/Total Minutes in a Service Cycle x 100%.
Service Commitment: Party B shall maintain a Service Availability Rate of YI-MapReduce of at least 99.9% per Service Cycle.
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 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 Standard: If YI-MapReduce does not meet the above service availability rate, eSurfing Cloud will compensate Party A with the service credits described below.
Service Availability | Credit (minutes) |
99%≤ Service availability <99.9% | 4320 |
95%≤ Service availability <99% | 12960 |
Service availability <95% | 21600 |
Article 4 Force Majeure and Exemption
Service Unavailability does not include the unavailability of Party A's database resulting from any of the following activities:
(1) Scheduled system maintenance, including cutover, repair, upgrade, or simulated failure exercises;
(2) Network failures, device faults, or configuration adjustment of non-Party B’s devices;
(3) Unavailability caused by Party A's application or installation activities;
(4) Party A's application programs or data attacked by hackers;
(5) Operations authorized by Party A or any Party A's misjudgment in operations;
(6) Loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A;
(7) Unavailability caused by Party A's self-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) If YI-MapReduce is used for ultra-high I/O and other types that use local disk storage, there is a risk of data loss in the local disk (for example, the local disk is damaged), and unavailability caused by relying on data stored in the local disk.
(11) 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, restart, uninstall the cloud disk, etc. on the ECS instance through the console, API, etc.).
(12) Unavailability caused by other non-Party B reasons;
(13) Service unavailability resulting 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, 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).
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 may 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. After the effect of such Force Majeure Events or other accidents has been removed, the affected party/parties shall resume its/their performance hereof.
Article 5 Effectiveness and Miscellaneous
This SLA shall take effect and be observed starting from the date when the user applies for eSurfing Cloud YI-MapReduce.