Legal Clauses

HUAWEI CLOUD VBS Service Agreement

HUAWEI CLOUD VBS Service Agreement

The Service Agreement ("this Agreement ") is entered into and concluded by and between Huawei Software Technologies Co., Ltd. ("Huawei") and you or the entity you represent ("you"). This Agreement is a supplement to HUAWEI CLOUD User Agreement you signed when ordering Volume Backup Service (VBS). In the event of a conflict between the terms in this Agreement and HUAWEI CLOUD User Agreement or other agreements ("related agreements") concluded between you and Huawei, the terms and conditions of this Agreement shall prevail, but only to the extent of such a conflict. Definitions of quoted terms that are not defined in this Agreement shall be subject to the related agreements.
This Agreement shall come into effect on the day you order and pay for the service(s) under this Agreement ("Effective Date").

1. Definitions
  • 1.1 This Agreement includes the service agreement terms and your order and settlement bills under such terms.
  • 1.2 "Elastic Volume Service (EVS)" refers to the virtual block storage device that can be attached to Elastic Cloud Servers (ECSs). It is provided on the Huawei cloud computing platform based on computer virtualization technology.
  • 1.3 Volume Backup Service refers to the snapshot-based data protection service provided by a cloud computing platform in the public cloud environment.
  • 1.4 "Pre-recharge" is the amount of money that you saved in your account for future payment.
  • 1.5 "Management Console" is the management and maintenance system provided on the HUAWEI CLOUD Service website for your account, order, and the products purchased.
  • 1.6 "Volume Backup Service Freeze" means that the storage resources ordered by you can still be queried and displayed on the Management Console, but cannot be managed and maintained.
  • 1.7 "Volume Backup Service Termination" means that the storage resources ordered by you are withdrawn. As a result, such storage resources cannot be queried and displayed on the Management Console, and you cannot manage and maintain the VBS.
2. Purchasing of Services
  • 2.1 You may use VBS after you successfully registered and recharged the account on the HUAWEI CLOUD service website.
3. Terms of Services
  • 3.1 The subject matters of this Agreement are the products and services specified in your VBS order. ProjectMan order.
4. Price and Payment
  • 4.1 The price(s) and payment method(s) under this Agreement shall be subject to your DevCloud ProjectMan order.
  • 4.2 Huawei reserves the right to modify the preceding price(s) and payment methods from time to time. Huawei will make an announcement about such a modification on HUAWEI CLOUD Service website. The price and quantity of your VBS products shall be subject to your order.
5. Delivery of Services
  • 5.1 After your orders are approved, Huawei will enable the Volume Backup Service for you. Huawei shall be deemed to have delivered the services agreed upon in this Agreement if you can use your account to log in to HUAWEI CLOUD service website and complete configurations related to the Volume Backup Service:
    • a) View the products in your order on the Management Console;
    • b) Manage and maintain the products in your order by following the VBS guides provided by Huawei;
6. Assurance of Services
  • 6.1 After you purchase the VBS, Huawei will provide services defined in the VBS Service Level Agreement ("SLA"). Huawei has the right to update the SLA from time to time and will post the updated SLA on HUAWEI CLOUD Service website.
7. Customer's Rights and Obligations
  • 7.1 You may use the features and functions of the VBS after you register and recharge the account.
  • 7.2 When using the VBS functions and features, you shall comply with the relevant laws and regulations, rules of cloud product use, and this Agreement and related agreements, including but not limited to the cloud product SLA, Network Access Information Security Responsibility, Legal Announcement, Privacy Policy Statement, and other policies specified on HUAWEI CLOUD Service website.
  • 7.3 You shall upload your data to the Storage Space and assume all responsibilities while using the VBS.
  • 7.4 You shall make the payment in full amount at the agreed price and in the agreed payment method in a timely manner.
  • 7.5 In the event that VBS is terminated, you are obligated to pay for the services completed to date in a timely manner.
  • 7.6 Without prior written consent by Huawei, you shall not sublease, resell, or transfer the VBS service provided by Huawei. Otherwise, Huawei has the right to take all measures to prevent such activities. These measures include but are not limited to terminating providing services for you. You shall pay consequences for your improper activities.
8. Huawei's Rights and Obligations
  • 8.1 Huawei shall be responsible for enabling the VBS, maintaining the network environment, and providing related technical support.
  • 8.2 If your account is in arrears or you fail to make related payment as agreed, Huawei is entitled to freeze or terminate the VBS provided to you.
  • 8.3 If your account balance is less than the minimum amount required by Huawei's postpaid products, Huawei is entitled to provide limited VBS to you.
  • 8.4 In the event that the VBS is terminated, Huawei is entitled to withdraw and re-sell the corresponding VBS resources. You shall assume any and all liabilities and consequences incurred therefrom.
9. Intellectual Property Rights and Confidentiality
  • 9.1 The intellectual property rights of the VBS (excluding third-party software), and their related technical documents provided for you are ascribed to Huawei. The right entitled to you to use services and products provided by Huawei is non-exclusive, non-excludable, non-sublicensable, and non-redistributable. After the service period specified in the order ends, any and all authorizations granted by Huawei for you to use the services and products are automatically terminated.
  • 9.2 Without one Party's prior written consent, the other Party shall not present, use, or allow any third party to present or use the aforementioned Party's any trade name, service mark, brand, and trademark. You and Huawei shall clearly understand that the trade name, service mark, brand, and trademark of one Party are its proprietary assets, and any content in this Agreement does not constitute permission for the other Party to use them.
  • 9.3 Both Parties acknowledge that the system software and application software provided by Huawei under this Agreement may include third-party software, whose legal use rights or copyrights are obtained by Huawei through agreements with the third-party vendor. Huawei vests you in using such third-party software, and such a right of use is non-exclusive, non-excludable, non-sublicensable, and non-redistributable. Unless otherwise specified in this Agreement, the intellectual property rights and ownership of all software under this Agreement are ascribed to Huawei or related third-party vendors. You shall not delete, modify, or hide any notice of copyrights, trademarks, or other exclusive right statements included in any third-party product.
  • 9.4 Both Parties shall keep confidential any and all technical secrets and business secrets obtained or learned from each other during the conclusion and performance of this Agreement and relevant orders and respect each other's intellectual property rights and business secrets in strict accordance with laws and regulations on intellectual property rights, the Anti-Unfair Competition Law of the People's Republic of China, and other relevant laws and regulations, during the period of this Agreement and thereafter. Without prior written consent by one Party, the other Party shall not disclose, transfer, license others to use, exchange, donate, or share such secrets with any other individual or organization in any manner, or co-use or improperly use such secrets with any such individual or organization. Any Party who breaches this clause and causes losses to the other Party shall take the relevant legal liabilities unless the provision of such information is required by laws, regulations, administrative institutions, or judicial organs.
  • 9.5 This clause (referring to Clause 8 "Intellectual Property Rights and Confidentiality") shall remain binding on both Parties to this Agreement after this Agreement terminates or expires.
10. Modifications to the Agreement
  • 10.1 Modifications to this Agreement shall comply with the conventions regarding the DevCloud ProjectMan ordering process.
11. Liability for Breach of Agreement
  • 11.1 If Huawei breaches this Agreement, Huawei shall assume the liability specified in the VBS Service Level Agreement (SLA), which is the only liability assumed by Huawei against you.
  • 11.2 Huawei is not liable for compensating any consequential, punitive, special, and derivative losses (including business loss, revenue loss, profit loss, loss of data used, or loss of any other economic benefit).
  • 11.3 If Huawei agrees that you use the VBS free of charge, Huawei will provide the VBS for you in accordance with the SLA until the free trial ends, but the compensation clauses in the SLA and HUAWEI CLOUD User Agreement do not take effect during the free trial. In the event of a conflict between this clause and the related agreements, this clause shall prevail.
  • 11.4 Huawei has the right to recover any payment delayed by you through legal procedures and claim against you for any loss incurred therefrom.
12. Agreement Term and Termination
  • 12.1 This Agreement shall come into effect as of the Effective Date until you or Huawei terminates this Agreement according to the terms herein.
  • 12.2 If HUAWEI CLOUD User Agreement is terminated, this Agreement shall be terminated accordingly.
  • 12.3 This Agreement is terminated when all order validity periods under this Agreement expire.
  • 12.4 This Agreement may be terminated provided that you initiate a service termination request in the Management Console and exercise and fulfill the rights and obligations in accordance with this Agreement.
  • 12.5 Huawei is entitled to terminate this Agreement in any of the following circumstances:
    • 12.5.1 Huawei is required by laws, regulations, or any governmental authority to terminate this Agreement;
    • 12.5.2 Huawei considers that it will create heavy economic or technical burden on or major security risk to Huawei if it continues providing you with the service;
    • 12.5.3 Any change in law or policy renders it impractical for Huawei to continue providing you with the service;
    • 12.5.4 You do not or fail to make related payment(s) in a timely manner and in full amount;
    • 12.5.5 You violate the Network Access Information Security Responsibility, Legal Announcement, or Privacy Policy Statement;
    • 12.5.6 You breach the terms of this Agreement.
13. Governing Laws and Dispute Resolution
  • 13.1 The establishment, effect, interpretation, performance, and dispute resolution of this Agreement shall be governed by laws and regulations of the People's Republic of China, regulations launched by telecoms regulators, and national mandatory norms of the computer industry.
  • 13.2 Any dispute arising out of or related to this Agreement shall be resolved through a friendly negotiation between you and Huawei. If such negotiation fails, both Parties agree to submit the dispute to Shenzhen Longgang District People's Court for resolution through litigation.
14. Miscellaneous
  • 14.1 In the event that you require Huawei to upload the data on behalf of you, you shall sign additional agreement(s) with Huawei.
  • 14.2 You acknowledge and state that you have carefully read, understood, and completely agreed on this Agreement, you have requested and obtained full explanations from Huawei for terms about which you have doubts, and you are willing to fulfill the terms of this Agreement.