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China Telecom e Cloud Multi-cloud Service Agreement
2021-07-19 15:04:16

The China Telecom e Cloud multi-cloud service agreement is jointly signed by the user (Party A) and China Telecom Global Limited. (Party B). Party B shall provide Party A with the multi-cloud service of e Cloud through the official website platform of China Telecom e Cloud(website: www.ctclouds.com). Party A shall use the service in accordance with the agreement.

 

Party A shall fully read, understand and agree to accept and abide by this agreement before using the e Cloud multi-cloud service. If Party A accepts this agreement by clicking on consent or express or implied in any other way or actually uses multi-cloud service in any way, it shall be deemed that Party A agrees and accepts all contents of this agreement, and this Agreement shall constitute binding legal documents between Party A and Party A. If Party A does not agree to accept this agreement, please do not use the e Cloud multi-cloud service.

1、 Definition

1.1 "Multi-cloud service" (hereinafter referred to as "the service") refers to a cloud computing service provided by Party B.

1.2 "Service availability" means the average annual service availability rate calculated according to the following calculation formula, service availability = (total time - actual unavailable time) / total time × 100%。 The actual unavailable time of service is the time from the non availability of multi-cloud to service recovery, measured in minutes.

1.3 "Management console" refers to the service system platform provided by Party B to Party A through e Cloud platform to manage and maintain the products ordered in its account“ Management console "means https://www.ctclouds.com/console-service/ 。

1.4 "Fault acceptance" refers to Party A's application or complaint through the customer service hotline and online work order provided by Party B and Party B's reply in case of any impact on the business use during the use of Party B's multi cloud service.

1.5 "Non fault acceptance" refers to Party A's consultation, application or complaint to Party B through the customer service hotline provided by Party B and online workers in case of any problems that do not affect the business use during the use of Party B's multi-cloud service and get the reply from Party B.

1.6 "Response time" refers to the time from Party B receiving Party A's consultation, application or complaint to Party B's reply.

1.7 "Multi-cloud availability" refers to the normal operation of the multi-cloud system assigned by Party B to Party A.

1.8 "this website" or "e Cloud platform" refers to the official website platform of China Telecom e Cloud (website: www.ctclouds.com).

1.9 "this Agreement" includes the text and annex of the China Telecom e Cloud multi-cloud service agreement and all the specifications, rules, standards, instructions, notices, announcements, etc. of the service that Party B has issued or may issue in the future (collectively referred to as "service rules"). All service rules are integral parts of this Agreement and have the same legal effect as the text of the agreement.

1.10 "user agreement" signed by Party A when registering the account of this website with Party B, China Telecom e Cloud user agreement.

2、 Service Content

2.1 Party B shall provide Party A with the e Cloud multi-cloud service according to the agreement. The specific contents of this service shall be subject to the services actually provided by Party B upon the display of this website and applied by Party A. Party B has the right to update the service content continuously.

2.2 Service Premise: in order to use the service, Party A shall first meet all the following conditions:

(1) Agree and accept the user agreement, successfully register as the user of the website, and have a valid and legal user account of the website at the time of signing and performing this Agreement;

(2) Agree and accept this Agreement;

(3) Apply for the use of the service in accordance with the service rules of the website;

(4) At the time of signing and performing this agreement, all qualifications or government approval procedures required for legal operation have been obtained and continuously met in accordance with relevant national regulations, and corresponding qualification documents shall be submitted in accordance with the agreement and approved by Party B;

Party A shall obtain and continuously obtain relevant licenses or approvals, including but not limited to the following:

For the website, all websites shall be approved or approved by relevant departments of the country.

If non-business Internet information services are provided, the non-business website must be filed, and all the filing information submitted is authentic and effective, and the updated information shall be submitted in the filing system in time when the information for the record changes.

The website providing business Internet information service shall also obtain the business website license in the local communication management department.

For providing electronic announcement services such as BBS, it is also required to record or obtain corresponding approval according to relevant laws and regulations and policies.

If you operate an Internet game website, you should obtain a license for the operation of Internet culture according to law.

If you operate an Internet video website, you should obtain the license for the dissemination of audio-visual programs on the information network according to law.

Engaging in Internet information services such as news, publishing, education, medical care, drugs and medical devices shall be subject to examination and approval by relevant competent departments in accordance with laws, administrative regulations and relevant provisions of the state. Before applying for business license or performing the filing procedures, it shall be examined and approved by the relevant competent department according to law.

The above list does not exhaustive all types of permits or approvals required by Party A for operation or non business activities. Party A shall obtain relevant licenses or approvals, and shall comply with the requirements of relevant laws and regulations issued by the state and local authorities from time to time.

(5) Other business use prerequisites as set forth in this agreement.

3、 Service opening

3.1 After carefully reading the service rules corresponding to the purchased services, Party A shall, according to its own needs, purchase the required services online through this website, or the customer manager shall assist in opening the reception desk. After the service is opened, Party A can log on to this website and complete the configuration and operation of e Cloud multi-cloud service in the management console.

3.2 In case of inconsistent contents in the body, attachment, service rules, service description, price description and confirmation terms of ordering page on relevant pages of the website, the following contents shall be applied to the following aspects: 1) service description, price description and other confirmation terms of ordering page on relevant pages of the website, (2) service rules, (3) the text of this agreement, and (4) the order of attachments to this agreement.

4、 Service charge

4.1 Party A shall pay Party B the service fee according to the tips on the ordering page and the text of this agreement when using the service.

4.2 if Party A pays service fees through this website, the specific service types and corresponding service fees under the service items shall be subject to the service rules of the website and the information listed on the service ordering page. Party A may choose the specific service type at its own discretion and shall pay the corresponding service fees according to the current effective price system on the website.

4.3 The settlement method includes two types: advance payment and post payment.

4.3.1 Advance Payment

4.3.1.1 "advance payment" means that after Party A pays, Party B begins to provide services for Party A. Party A may pay Party B the account balance or voucher (the issuance and use of the vouchers, subject to the rules of the vouchers formulated by Party B separately).

4.3.1.2 If both parties are willing to continue to cooperate at the end of service period, Party A shall pay the renewal payment before the service expires, or open the automatic renewal function (see renewal management and e Cloud Automatic Renewal Service Agreement) if the balance in the account is sufficient (see renewal management and e Cloud automatic renewal service agreement) before the service expires, so as to make the service continue. If Party B adjusts the product system, name or price when ordering the manual renewal or automatic renewal function, both parties agree to perform the new product system, name or price in effect at that time.

4.3.1.3 if Party A needs to issue invoice for the service, Party B shall apply for invoice on the product ordering interface of this website when ordering the service, and fill in the payer, payment, invoice type and mailing address according to the format and requirements; Party B shall issue and mail the invoice of corresponding amount for Party A according to law; Party A shall pay the corresponding amount by using the voucher, and Party B shall not provide invoice; Party B will issue invoice for Party A at the request of Party A from the 8th day after the order is paid successfully.

4.3.2 Post Payment

4.3.2.1 the "post payment" party shall pay the fees according to the actual use after using the service. The specific payment rules shall be subject to the effective post payment service billing mode and standard published by Party A at the time of payment on this website, or the service agreement signed by both parties separately.

4.3.2.2 If both parties are willing to continue to cooperate at the expiration of the service period, Party A shall apply for renewal at least one month before the service expires, or apply to the customer manager for opening the automatic renewal function at least 11 days before the service expiration (see renewal management and e Cloud Automatic Renewal Service Agreement) to enable the service to continue. If Party B adjusts the product system, name or price when ordering the manual renewal or automatic renewal function, both parties agree to perform the new product system, name or price in effect at that time.

4.4 After ordering the service and generating the order, Party A shall pay the fees in time and in full according to this Agreement and the applicable service rules of Party A. Party B reserves the right to not provide services and / or technical support or terminate the services and / or technical support until Party A fails to pay all the expenses as agreed. Meanwhile, Party B reserves the right to investigate the legal liability for the arrears in the post payment service.

4.5 Party A understands and agrees that all preferential measures such as gift service items and marketing activities are one-time and restricted preferential policies for Party B beyond the standard service price. The preferential content does not include the modification, update and maintenance expenses of the service items, and the free service items cannot be offset against the service price.

4.6 If Party A has any objection to the payment fee, it shall submit a verification application to Party B in writing. If the verification is true and correct upon confirmation by both parties, Party B shall adjust the corresponding expenses.

5、 Rights and obligations of Party A

5.1 Party A has the right to use cloud service and obtain technical support and after-sales service of Party B in accordance with the agreement.

5.2 Party A shall provide Party B with necessary technical parameters, including but not limited to IP address section, corresponding application type, server related parameters, network structure and network resources, etc., actively cooperate with Party B in the implementation and commissioning of multi cloud service project to ensure the normal operation of the service.

5.3 Party A understands and agrees that, for the sake of data and system security of Party A, Party A needs Party B's engineers to operate its multi-cloud services directly, Party A shall authorize it by email, work order, telephone, etc. Party A shall designate the sole contact person as the authorized person (maintainer) and authorize it to Party B when necessary, that is, only the authorized person has the right to ask the engineer of Party B to operate its multi-cloud service. Party B is only responsible for the operation and maintenance of the bottom part of the operating system, and Party A shall be responsible for the operation system and the above part (such as the application program installed by Party A on the system). In addition, Party A shall bear the risks of business unavailability caused by Party A's failure to communicate with Party B's engineers during the authorization period and operating on its own.

5.4 When Party A uses the service, Party A shall make a backup of the 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.

5.5 If Party A violates any guarantee in this Agreement and user agreement, including but not limited to the following circumstances, Party A shall bear corresponding liabilities for breach of contract:

5.5.1 If Party B does not have all the qualification licenses and relevant procedures required for business development at the time of signing this agreement, or loses all or part of the qualification license during the validity of this agreement, Party B has the right to suspend the provision of cloud business services and ask Party A to correct within the time limit; If Party A fails to correct within the time limit, Party B shall have the right to terminate this Agreement without any liability. Party A shall bear the responsibility for breach of contract and compensate Party B for the corresponding losses.

5.5.2 Upload, download, store and release content that violates laws and regulations, departmental rules or national / regional policies, as well as information that infringes on the legitimate rights and interests of others and / or other information or content that is harmful to social order, social security and public morality.

5.5.3 To carry out fraud and misleading behaviors such as lottery award and gambling games, or to carry out Internet activities such as "private clothing", "hanging out" and other Internet activities that infringe on other people's intellectual property rights or other legitimate rights and interests;

5.5.4 Conduct malicious scanning, illegal intrusion into the system, illegal data acquisition and other acts that destroy or attempt to destroy network security;

5.5.5 The behavior of occupying a large amount of server memory, CPU or network bandwidth resources by running irrelevant programs or deliberately writing malicious code;

5.5.6 Engage in any behavior including but not limited to "DNS resolution", "security service", "domain name agent", "reverse agent", which may cause users to suffer frequent attacks (including but not limited to DDoS attacks), thus affecting the e Cloud service platform or others.

5.6 Party A understands and fully recognizes that although Party B has established (and will continue to improve) necessary technical measures to prevent network security matters or behaviors (hereinafter referred to as such behaviors) including computer virus, network invasion and attack damage (including but not limited to DDoS), but in view of the limitations of network security technology Relativity and unpredictability of such behaviors, so if Party A's account suffers such behaviors, it will cause harm to Party B or Party B's network or server (including but not limited to local and foreign and international networks, servers, etc.), or affect the smooth contact between Party B and the international Internet or Party B with specific network, server and Party B's internal, Party B has the right to decide to suspend or terminate the service. If Party B brings serious network accidents to Party B due to Party A's reasons, Party B will reserve the right to claim compensation from Party A. if the crime is involved, Party A shall bear criminal responsibility according to law.

If Party B terminates the service provided to Party A due to the above-mentioned terms, Party B will calculate the service fee according to the actual days of use of Party A and return the remaining money (if any) to Party A e Cloud account.

5.7 Party A shall be responsible for the data stored on the e Cloud platform, the password integrity and confidentiality of all kinds of products and services on the e Cloud platform, and shall take necessary and effective confidentiality and security protection measures, including but not limited to the management of the authority of data access and account usage, setting high-strength password and regularly changing. Party A shall bear the loss and consequences caused by the loss or leakage of the above data, password, password, etc. due to improper maintenance or improper confidentiality of Party A.

5.8 Party A shall keep the access log records of its website in accordance with the laws and regulations such as the network security law and the measures for the administration of Internet information services, including the information content and its release time, Internet address (IP), domain name, etc., and relevant state organs shall cooperate in providing such records when querying according to law. Party A shall bear the corresponding legal liabilities caused by the failure to keep relevant records as required.

6、 Rights and obligations of Party B

6.1 Party B shall provide services in accordance with the agreement.

6.2 Party B shall provide 7 days for the paid customer × 24-hour after-sales hotline (400-810-9889) consulting service and online work order service to answer and deal with the problems customers encounter in the process of using e Cloud service.

6.3 After Party B provides fault acceptance service for Party A, the response time shall not exceed 30 minutes; After providing non fault acceptance service, the response time shall not exceed 12 hours.

6.4 After Party B provides Party A with fault acceptance or non fault acceptance service, Party B shall provide Party A with technical support according to the specific situation and Party A's needs, except for the relevant faults or problems caused by Party A's human reasons and / or force majeure and other matters not under Party B's control.

6.5 Party B will take basic safety protection measures for its system and equipment in accordance with the requirements of laws and regulations. If Party A's requirements for safety protection measures are higher than the safety protection measures standards of the above-mentioned foundation, Party A shall purchase and configure higher safety protection services according to its own needs or other safety protection software and systems. Party A shall bear the responsibility for any damage to the rights and interests of the computer information system and equipment used by Party A due to the failure of necessary and effective security measures.

6.6 Party B shall provide availability guarantee within the service rules. If Party A requires higher availability than service rules, Party A shall actively deploy its own system, and Party B can provide necessary assistance. If Party B is required to cooperate in the plan planning and design, both parties shall negotiate and confirm it separately.

6.7 In order to provide more perfect services, Party B has the right to regularly or irregularly repair, maintain, upgrade and optimize the service platform or related equipment, systems, software, etc. (collectively referred to as "routine maintenance"), and Party B shall not be liable for such interruption or suspension of the e cloud service within a reasonable time due to routine maintenance. However, Party B shall inform Party A of routine maintenance matters at least 24 hours in advance. If the non routine maintenance caused by force majeure or third party reasons, Party B shall inform Party A in time.

6.8 Party B has the right to adjust the default configuration of the service system at any time according to its own operation arrangement, and the relevant adjustment does not constitute Party B's breach of contract. However, Party B shall inform Party A at least 30 days in advance, and Party A shall assist (including but not limited to Party A to timely make transfer and backup of relevant data, make business adjustment and authorize Party B's adjustment). If Party A fails to assist in the adjustment in time after receiving the notice, or Party B fails to contact Party A, the consequences thereof shall be borne by Party A. Party B shall inform Party A of the service adjustment or termination caused by force majeure, third party reasons, etc.

6.9 Party B has the right to adjust the realization mode, main functions and prices of the product according to the objective factors such as the technological evolution, technical structure adjustment and marketing of cloud service. Party B shall issue a notice on e Cloud official website at least 15 days in advance when adjusting the price or important product function. Party A has the right to decide whether to continue using the product. Under the prepayment / post payment method, the product price charged on demand will be adjusted automatically according to Party B's price. The price of the products in the year / month package will not change before the order is changed / expired, and the price after the order changes / expires will be adjusted and changed according to Party B's price. If Party B's price adjustment or major function adjustment affects Party A's use, Party A can stop the products on demand at any time. Party A can apply for the cancellation according to Party B's withdrawal rules. For specific rules, please consult e Cloud customer service hotline.

7、 User business data

7.1 the services provided by Party A through e cloud, data processed, stored, uploaded, downloaded, distributed and processed by other means are all Party A's user business data.

7.2 Party B shall not use and disclose any unauthorized use and disclosure except for the following circumstances except for the following situations, except for the following situations:

7.2.1 When relevant national / regional authorities inquire or access user business data according to law, Party B has the obligation to provide cooperation according to relevant laws and regulations or the requirements of competent authorities, and disclose to third parties or administrative and judicial institutions;

7.2.2 Party A and Party B shall reach a separate consensus.

7.3 Party A may delete and change its own user business data, but it shall be cautious. If Party A releases the service or removes the data, Party B will not retain the data according to Party A's instructions.

7.4 When the service period expires, the service is terminated in advance (including the early termination by both parties through consultation, other reasons, etc.), or Party A has a arrears, Tianyi cloud will only continue to store Party A's user business data (if any) within a certain buffer period, unless otherwise specified by laws and regulations, the requirements of competent departments or otherwise agreed by both parties, The buffer period shall be subject to the applicable service rules, product documents and service instructions for the services ordered by Party A. upon the expiration of the buffer period, Party B will delete all user business data, including all cached or backup copies.

7.5 Once the user business data is deleted, it cannot be recovered; Party A shall bear the consequences and responsibilities of data deletion. Party A understands and agrees that Party B has no obligation to keep, export or return user business data.

8、 Term and termination of the agreement

8.1 This Agreement shall come into effect from the date of the successful purchase or application of the products, and terminate upon the expiration of the service period ordered by Party A, unless otherwise agreed by both parties.

8.2 This Agreement may be terminated in advance if both parties agree upon it.

8.3 Party B shall have the right to terminate this agreement in the following circumstances:

8.3.1 According to laws and regulations or the requirements of government authorities.

8.3.2 Party B believes that continuing to provide services to Party A will cause huge economic or technical burden or major safety risk to Party B.

8.3.3 It is not practical for Party B to continue to provide services to Party A due to any change of laws or policies.

8.3.4 Party A fails to pay the relevant expenses in full and on time.

8.3.5 Party A violates the responsibility for Internet cloud service users, commitment to network information security, legal statement and privacy policy of the website.

8.3.6 Party A no longer meets any of the service prerequisites stipulated in article 2.2 of this Agreement.

8.3.7 Party A violates other terms of this agreement.

8.4 Except as stipulated in the 8.5 treaty, if Party B terminates this agreement in accordance with the agreement, Party B will calculate the service fee according to the actual days of use of Party A, return the remaining money (if any) to e Cloud account of Party A, and reserve the right to investigate Party A's liability for breach of contract in accordance with the law.

8.5 Party B may terminate the service by issuing announcement, sending notice in station or written notice to Party A 30 days in advance on this website. Party B shall return the amount (without interest) paid by Party A but not consumed to Party A's e Cloud account.

8.6 If any provision of this agreement is invalid or unenforceable for any reason, the rest of this Agreement shall remain valid and binding.

9、 Others

9.1 Termination of this Agreement shall not affect the effectiveness of the user agreement between Party A and Party B. If the user agreement between Party A and Party B is terminated, this agreement will be terminated automatically.

9.2 If this agreement is not agreed, both parties shall abide by the agreement of the user agreement at the same time; In case of any conflict between this Agreement and the agreement of the user on the same matter, this Agreement shall prevail.

9.3 The text of this agreement has the same legal effect as the annex. If there is any conflict between the text and the annex, the “text of agreement” shall prevail.

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