是方電訊 CHIEF TELECOM
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1. Chief Telecom, Inc. (“Chief”) provides the customer (“Customer”) with Bare Metal Cloud Service (BMC) (“Service”) upon the terms and conditions hereunder.
2. Customer agrees to fully accept the Service Level Agreement of Cloud Service Provider. In the event of an interruption in Service (“Service Outage”), Customer shall be entitled to claim Service credit(s) for the month in which such interruption occurs (the “Credit Charge”) in accordance with the Service Level Agreement of Cloud Service Provider. The SLA provides the sole remedy for service interruption or service problems for that Service. Under no circumstances shall a Service Outage be considered as a breach of the Terms and Conditions.
3. Customer acknowledges that Chief and/or Cloud Service Provider have/has no liability for providing a secure Internet trading environment, neither Chief nor Cloud Service Provider shall, under any circumstances, be held liable for any loss, damage or liability for accurate and complete information download via the internet. Customer also acknowledges that Chief and/or Cloud Service Provider have/has no liability for any Customer’s direct or indirect loss result in transmission speed or download information.
1. To verify the identity of Customer, Customer shall provide the double certificates pursuant to Telecommunications Management Act and Chief’s business regulations and guidelines. Customer represents and warrants that all of the information provided within the Application is true and complete, and should solely be responsible for any dispute by such untrue information therefrom.
(i) Natural Person: the copies of the Identification Card and the secondary certificate of identification.
(ii) Juridical Person: the copies of the registration document and the Identification Card of the representative.
2. The Minimum Commitment Term (Initial Term) should be thirty (30) days commencing from the start billing date or from the effective date of the latest variation, whichever is later. If Customer terminates the Application prior to the expiry of the Commitment Term, Customer shall pay all unpaid Service Charges as well as the Early Termination Charges of the total amount of Service Charges for the entire remaining Service Term of the relevant services.
3. Customer may terminate the Application by notifying Chief in writing not less than thirty (30) days prior to the end of the Initial Term. Without such notice of termination, then the Application shall be automatically renewed for subsequent period of the same length and conditions as the SOF Initial Term. Customer may terminate the Application at any time during the Renewal Term, providing Chief a thirty (30) days written notice prior to the designated Termination Date. The Application and the Services provided hereunder will be terminated on the designated Termination Date if Customer has finished all the termination processes requested by Chief. In such circumstance, Customer shall pay all unpaid Service Charges as well as the Early Termination Charges of the total amount of Service Charges for the entire remaining Service Term of the relevant services.
4. Customer may request a variation of Service by delivering to Chief an appropriate Service Order Form abide by Chief’s procedure.
5. In the event that the cancellation is after the effective date of the Application but prior to Activation/ Installation date of the Service, Customer shall pay Chief the following cancellation charges, whichever is higher, as liquidated damages (a) the Installation Charge (regardless of whether it is waived or not) and Three (3) months Service Charges; or (b) in resale case, the total amount of Service Charges that would have been payable to Chief for the entire Service Term provided that Customer shall abide by the cancellation procedure of Third Party Provider.
6. Notwithstanding anything to the contrary herein, Chief and Cloud Service Provider shall have no liability whatsoever for claims or direct/indirect losses that arise during a service trial or acceptance period.
7. Generally two kinds of pricing models are supported in Chief BMC Console: Subscription and Pay-as-you-go. For Subscription services, you may unsubscribe your services at any time. Upon unsubscription, your services will be deactivated at the end of your billing cycle (usually 30 days) or in the case that Customer does not have sufficient account balance to get resources auto-renewed, and all service data will be retrievable provided that Customer re-subscribes or refill the sufficient account balance within 24 hours before being permanently deleted. For Pay-as-you-go services, the Services will be deactivated in the case that Customer does not have sufficient account balance for deduction, the resources will enter the suspension state and all service data will be retrievable provided that Customer refill sufficient account balance within 24 hours before being permanently deleted.
1. All Charges shall be calculated on monthly basis; any Charge shall be deemed the whole month calculation except when the commencement month shall be prorated charge based on the ratio of the actual number of days in such partial period to the actual number of days in the entire month during which it occurs.
2. All the charges and amounts under this Application shall be stated in United States Dollars (USD) and paid in New Taiwan Dollar (TWD). The exchange rate of the other rental charge is shall be calculated according to the average close price of Bank Of Taiwan’s buying and selling of USD SPOT in the last business day of the previous month when invoice of the month issued.
3. Customer shall pay the Charges in Auto-pay with a bank account, and Chief shall be entitled to automatically deduct payments from Customer’s authorized bank account on a set schedule each month. The invoice address or billing email address is specified in the Application. Customer shall notify Chief in writing if the invoice address or billing email address changes.
4. After receiving the invoice, if Customer shall not have a dispute concerning the amount written notice within five (5) days, Customer shall pay all amounts then due. In the event that the Commencement Date is a day other than the first day of a calendar month, the Charges will be included in the invoice of next month.
5. In the event that Customer fails to make payment in accordance with this Clause, Chief shall be entitled to charge interest on overdue invoices from the due date until payment at a monthly rate of one percent (1%) per month. Chief has the right to suspend or terminate the Service and/or terminate the Application.
6. The Charges shall be paid in accordance with the Application; Chief shall be entitled to amend the Charges upon thirty (30) days’ prior written notice to Customer and invoice Customer the amended charges from effective date.
7. In the event that Customer fails to make full payment more than three (3) days after the due date, Chief shall be entitled to suspend all or part of the service, including but not limited to suspension of license or operating authority.
1. In the event of suspension or interruption of all or part of the Service due to the demand from Chief and/or Cloud Service Provider for relocating, replacing or maintaining the related systems and facilities, Chief may notify Customer by E-mail or announce on Chief’s website before such suspension or interruption. In the event of an emergency, Chief and/or Cloud Service Provider will notify Customer of emergency maintenance before or after the actual situation. Under no circumstances, shall any service suspension or interruption caused by transition needs or routine maintenance be claimed by Customer for Service credit(s) for the month in which such suspension or interruption occurs, except as stated in the Service Level Agreement.
2. In the event of any suspension or interruption of the Service attributable to Cloud Service Provider’s systems and facilities, Chief shall make reasonable efforts to communicate with Cloud Service Provider, but the responses and recovery shall be subject to the processing situation of Cloud Service Provider. Chief shall not be liable for such direct or in direct damage except as stated in the Service Level Agreement. Customer also acknowledges and agrees that there is no warranty for the safety of the Service, including but not limited to preventing being invaded by viruses or hackers, and loss of data. Chief shall not be responsible for the damage caused by such invader or loss.
3. In the event of suspension or interruption of all or part of the Service due to Customer’s failure to make due and punctual payment, violation of laws, regulations or this Terms and Conditions, or any other matters that is not attributable to Chief, Customer remains liable for the charges during such suspension or interruption period.
4. In the event of suspension or interruption of the Service is attributable to Chief and/or Cloud Service Provider’s negligence, intentional act, omission or breach (Chief’s Fault), Customer is entitled to claim Service credit(s) for the month in which such suspension or interruption occurs (the “Credit Charge”). The suspension or interruption of the Service under this Clause shall be deemed to have commenced upon Chief’s acknowledgment or Customer’s notification to Chief, provided that if there is any sufficient evidence to prove the actual commencement time, the suspension or interruption of the Service shall be deemed to have commenced from the actual commencement time.
1. Chief shall provide and assist Customer with fault resolutions, setting, and fault notification services.
2. Chief shall be solely responsible for providing the Cloud Service Provider’s services; Customer shall be responsible for the usage and management of data. Customer shall comply with the international telecommunication usage rules, and shall not impede or infringe others’ system in the Internet. Customer shall not engage in any activity against applicable laws, regulations of administrative authorities or court order, public order and morality.
3. Chief shall be entitled to terminate or suspend all or part of the Service and take no responsible for such termination or suspension, and Customer shall remedy Chief for such violation hereunder in the event that:
(1) Customer interferes with communication or affects the rights and interests of other users;
(2) Customer sends the Electronic Messages without the approval of the receiver. The foregoing Electronic Messages are the e-mail, text message or other transmission of information is not included above through communication devices;
(3) Customer sends electronic messages to attack other people’s equipment;
(4) Customer disseminates the computer virus or the programs to interfere with the normal operation of other people’s computer;
(5) Customer spreads words, texts, images or videos that include intimidation, defamation, personal attacks, invasion of privacy or pornography that are contrary to public order and morality;
(6) Customer impedes the operation or increases the burden of Chief’s system;
(7) Customer’s activity appears to endanger national security or public order;
(8) the other activities of Customer infringes other people’s rights or against applicable laws and regulations of administrative authorities or court orders that are not included in this Clause hereof.
4. Except provided by Chief or Cloud Service Provider, all the software, programs and files installed on the environment of the Service by Customer shall be under or with licenses. Customer shall be solely and exclusively responsible for using such software, programs, and files without a license (the “Infringement”) and Customer shall remedy Chief for such Infringement. Customer shall provide the true and complete information for the Application. In the event of any dispute caused by untrue or incomplete information provided by Customer, Customer shall be solely responsible for such dispute.
5. The account number and password of the Service shall be the identification of Customer. Customer shall be solely responsible for the changing of password after first login and safekeeping of the account number and password, and shall not provide or disclose to any third party or other irrelevant entity/person. Customer shall be obligated to make the payment of the Service charges resulting from the specific account number. In the event of discovery or doubt the account number or password was used by the third party or other irrelevant entity/person, Customer shall notify Chief immediately to take remedial actions, provided that the notification shall not relieve Customer of its obligation and responsibilities incurred hereunder.
6. Customer acknowledges and agrees that all the equipment, software, technical document and related service information provided by Chief for the Service shall remain the proprietary of Chief or Cloud Service Provider. Customer shall be responsible for taking good care of any equipment, software, technical document and related service information, and shall use such equipment, software, technical document and related service information only for the purpose of performing this Application and return to Chief upon the expiry or termination of the Service. In the event that the foregoing equipment, software, technical document and related service information is damaged, impaired or destroyed by any act arising from Customer’s use, Customer shall remedy Chief or Chief’s service provider on demand price and have no objection against such price.
1. Customer acknowledges and agrees that the Service provided by Cloud Service Provider shall be based on the present plan and technology, and there is no warranty that the Service will meet each requirement of Customer.
2. Fault Exclusions－Any Service impact arising from any of the following shall not be included in the determination of a fault for the purpose of the Service Level Agreement. In the event of the following situations, Chief does not provide service credit to Customer:
(1) Service suspension or interruption arisen from Cloud Service Provider for relocating, replacing and maintaining of the equipment and systems;
(2) Service suspension or interruption is not attributable to the act or omission of Chief;
(3) Service suspension or interruption is due to Force Majeure Events;
(4) Service suspension or interruption is attributable to the act or omission of Customer;
(5) Service suspension or interruption is due to the failure or malfunction of Customer Premise Equipment;
(6) Service suspension or interruption in accordance with this Terms and Conditions.
3. Owing to laws and regulations of administrative authorities or court orders, a change in circumstances, or Chief intents to suspend/cease all/part of Services or has other business plans, and Chief intends to terminate the Application early, Chief may terminate the Application with one (1) month advance notice to Customer. Customer acknowledges that Chief has no liability and indemnification to customer for such kind of termination.
4. Except otherwise provided herein, Customer shall be solely responsible for the system and data back-up, Chief shall not be liable for the data corruption and/or loss of Customer’s usages of the Service.
5. In the event of suspension or interruption of all or part of the Service due to Customer’s failure to make due and punctual payment or this Terms and Conditions, Chief shall not be liable for any loss or damage suffered by Customer, including but not limited to direct, indirect, incidental, consequential damages, operating loss, lost profits or revenue.
1. The personal information received from Customer hereunder shall be kept in confidential by Chief, and any personal information provided is used solely for the specific purpose and to the minimum necessary scope of service providing; it is deemed Customer’s consent that Chief may use Customer’s personal information under the foresaid purpose and scope when Customer signs this Application. Except otherwise provided herein or Customer’s request for any inquiry on its own information pursuant to the applicable laws (Taiwan Personal Information Protection Act and/or EU General Data Protection Regulation) or any other request for inquiries below in compliance with Paragraph 1,Article 20 of the Personal Information Protection Act or Paragraph 4, Article 9 of Telecommunications Management Act or other applicable laws and regulations, Chief shall not disclose to any other third party, other than: (i) The Judicial authorities, Supervisory authorities or Police authorities request for the purpose of investigating an offense or evidences; (ii) The other governmental institutions exercise their public authorities with justified reasons; (iii) The authorities/institutions related to the public live safety request for the purpose of emergency aids.
2. According to Taiwan Personal Information Protection Act (PIPA), Customer shall be entitled to exercise the following rights with regard to Customer’s personal information without any interference with Chief’s necessary performance of this Application: any inquiry and request for a review, any request to make duplications, any request to supplement or correct, any request to discontinue collection, processing or use, any request to delete.
3. According to EU General Data Protection Regulation (GDPR), Customer registered or resided in EU region shall be entitled to exercise the following rights with regard to Customer’s personal information without any interference with Chief’s necessary performance of this Application: right of access by the data subject, right to rectification, right to erasure (right to be forgotten), right to restriction of processing, right to data portability, right to object.
4. To protect Customer’s personal information, Chief has designated Information Security Committee as internal organization. If you have any inquiry, please email: tim_chiang@chief.com.tw
This Application constitutes the entire understanding between the Parties in relation to the Service and supersedes all prior agreements, representations and understandings of the Parties, written or oral, with respect to such Service. In entering into this Application, the Parties do not rely on any representations or warranties in relation to a Service except as expressly provided in this Application. This Application may only be amended by a signed written agreement between the Parties, except for Chief’s adjustment of the Service Charges as provided herein.
1. Any matters not explicitly stated herein shall be implemented in accordance with applicable laws, regulations and Chief’s business regulations and guidelines.
2. The attachment form a part of this Application; In the event of a conflict among the attachment and the Application, terms and conditions of the Application shall prevail.
This Application shall be governed and construed in accordance with the laws of the Republic of China, Taiwan and the Parties irrevocably agree to the exclusive jurisdiction of Taiwan Shilin District Court and its courts of appeal therefrom.
