SPECIFIC TERMS AND CONDITIONS OF SALE FOR CLOUD CONNECT SERVICE 1. Service with Third Party 1) The service is provided by CMI to PARTNER and its customer. PARTNER’s customer is not allowed to resell this service. 2. Definitions 1) "CMCC" means China Mobile Communications Corporation, a company incorporated in China and having its registered address at 28 Jinrong Avenue, Xicheng District, Beijing, 100032. 2) “Initial Term” means the term specified in the Order Form. 3) “Cloud Connect” means (i) connection between PoPs of cloud service provider and/or (ii) connection from on premise to the PoP of cloud service provider. 4) “MPOE” means minimum point of entry. 5) “Off-Net” means Service not providing on the connection to network owned (or operated and controlled) by CMI / CMCC that are served directly by CMI / CMCC owned (or operated and controlled) fiber and CMI / CMCC owned equipment. 6) "On-Net" means Service provided on the connection to network owned (or operated and controlled) by CMI / CMCC that are served directly by CMI / CMCC owned (or operated and controlled) fiber and CMI / CMCC owned equipment. 7) “Access Router” means provider’s edge routers of Cloud Connect service. 8) “POP” means point of presence. 9) “Protected” means any Service designated as such in the Order Form. Protected Services generally include a protection scheme that allows traffic to be re-routed in the event of a fiber cut or equipment failure. Services which are not Protected are “Unprotected”. 10) “Network Outage” means the Service between Access Routers in the network completely unavailable. 11) “Ready for Service Date” means the date on which the Parties agree to place Cloud Connect into operation for PARTNER’s service. 12) “Unavailability” means complete loss of Service where PARTNER cannot use the Service. 3. Service Pricing 1) Initial Charge: (i) Cloud Connect installation charges; (ii) other non-recurring charges applicable to the Service. 2) Monthly Service Charge: (i) Cloud Connect monthly service charge, a fixed monthly amount charged by CMI for the committed bandwidth specified in the Order Form (“Cloud Connect Monthly Service Charge”); (ii) burstable service charge, a usage based charge which is calculated on monthly basis, the amount of burstable bandwidth is derived from the 95th percentile usage data recorded by CMI. Such burstable bandwidth charge described above will be invoiced to PARTNER in arrears and is in addition to the Cloud Connect Monthly Service Charge; and (iii) other monthly service charges applicable to the Service, if any, which will be specified in the Order Form. 3) Off-Net Service Charge: additional charges may apply to either the Off-Net component or in the case of MPOE extensions as specified in the Order Form. 4) In addition to Monthly Service Charge, Initial Charge and Off-Net Service Charge, PARTNER may incur additional non-recurring charges including: (i) any non-recurring charges imposed by local access providers in connection with Service reconfigurations or cancellations; (ii) Service upgrade or modification; (iii) Service cancellation or disconnection; and (iv) miscellaneous additional charges to the extent that CMI’s extra services to install, upgrade, modify or disconnect any aspect of the Service due to PARTNER’s delay or default. 4. Service Level 1) CMI shall use all commercially reasonable endeavours to maintain the service level (“Service Level”) , average packet loss rate (“Average Packet Loss Rate”), average latency (“Average Latency”), average jitter (“Average Jitter”) and mean time to restore (“MTTR”). 2) CMI shall use all commercially reasonable endeavors to maintain the On-Net POP-to-POP Service Level on service availability (“Service Availability”) at 99.99% per month for Cloud to Cloud service types, 99.9% per month for Site to Cloud service type which are descriped in Order Form. 3) Service Availability is measured and calculated monthly for the Service as a percentage based on the following formula: (A – B) / A = Service Availability, where: A = the total number of minutes in the relevant month; B = the total number of minutes of duration of Unavailability of that month. 4) CMI shall use all commercially reasonable endeavours to maintain the average On-Net POP-to-POP packet loss ratio per month (“Average Packet Loss Rate”) at 0.5% per month. 5) Average Packet Loss Rate: measured between On-Net POPs of CMI/CMCC network. The measurement is done by collecting Average Packet Loss Rate of five ICMP ping packets (64 bytes) between a pair of designated backbone equipment in five (5)-minute intervals. The monthly Average Packet Loss Rate value is derived from averaging all the samples in a month. 5. Service Credit Claim 1) If Cloud Connect is not installed by the Ready for Service Date for reasons other than an excused outage, PARTNER shall be entitled to one (1) Day’s Cloud Connect Monthly Service Charge for each day of delay beginning after the first five (5) Workding Days, capped at thirty (30) Days. 2) If CMI fails to meet the Service Availability for any relevant month, CMI shall pay the service credit(s) to PARTNER. The amount of the service credit will be calculated by multiplying the service credit percentage as listed in the table below by the Monthly Service Charge of the affected Cloud Connect port. Duration of Unavailability (Monthly) Service Credit Percentage >5 minutes – 10 minutes 2% >10 minutes – 20 minutes 3% >20 minutes – 30 minutes 5% >30 minutes – 60 minutes 10% 3) If CMI fails to meet the Average Packet Loss Rate for any relevant month, CMI shall pay the service credit(s). The amount of such service credit will be 3% of the respective Monthly Service Charge of the affected Cloud Connect port. 4) If CMI fails to meet the Average Latency for any relevant month, CMI shall pay the service credit(s). The amount of such service credit will be 3% of the respective Monthly Service Charge of the affected Cloud Connect port. The service credit(s) payable by CMI to PARTNER shall collectively be referred to as “Service Credits”. 5) The total Service Credits for a failure to meet the Service Availiablilty in any month shall not exceed 10%. 6) PARTNER shall notify CMI in writing of any alleged failure to meet the Service Level promptly and not more than thirty (30) Days after the end of the month in which the alleged failure occurred. 7) The Service Credit may not be applied to governmental fees, taxes, surcharges, or any other charges other than the Monthly Service Charge. 8) The Service Credit will, in general, be reflected in the second invoice following the resolution of the Service Credit claim. 9) The Service Credit shall be paid not more than sixty (60) Days after the end of the month in which the alleged failure occurred. 6. Exclusions 1) PARTNER shall not be entitled to the Service Credit in respect of failure to meet the Service Level where the failure is due to any of the events covered by the exclusions listed as follows: i. scheduled maintenance or any other interruptions or service changes agreed in advance in writing to the other Party at least five (5) Days in advance of the scheduled maintenance (except for emergency situation that is or is reasonably likely to have an material impact on the Service, the Party will notify the other Party as soon as reasonably practicable of any emergency work); ii. failure attributable in whole or in part to equipment located on PARTNER’ premises, PARTNER’s premises environment, or any facilities ordered by PARTNER; iii. acts or omissions of PARTNER or its agents, subcontractors or employees or any user of the service authorized by PARTNER; iv. major cable fault caused by negligence or default of third parties; v. any act or omission by PARTNER, its employees, agents, or contractors over which PARTNER exercises control including failure to comply with and observe CMI’s procedures or service guides or unavailability of relevant PARTNER’s personnel at times necessary for testing or connection of the Service; or vi. any Force Majeure Events.