This Service Agreement (hereinafter referred to as  "this Agreement") describes your rights, obligations, and responsibilities of using Huawei Cloud services. Please read the terms carefully, especially the terms that have a significant impact on your rights and interests, such as exemption from liability and limitation of liability. Such terms are in bold in this Agreement

You understand and agree that by using any service as stated under this Agreement, you are deemed to have read and agree to the General Terms of Service in this Agreement and the Dedicated Terms of Service for the service you use. By using any service under this Agreement, this Agreement shall become legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using any such related services.

1. General Terms of Service

1.1 Contracting Entity: This Agreement is entered into by and between Huawei Cloud Contracting Party as defined in Section 15.4 of Huawei Cloud Customer Agreement (hereinafter referred to as "Huawei Cloud", or "We") and you (or "User"). Once this Agreement takes effect, it has legal effect between you and Huawei Cloud. You acknowledge that you shall be a natural person, legal person, or other organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If the foregoing is not true, please do not use this Service. Otherwise, you shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (or permanently freeze) your account and claim compensation from you . In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are an authorized representative of the company or legal entity to bind such company or legal entity to the terms of this Agreement.

1.2 Separate Agreement. If you subscribe to this Service offline, purchase this Service through our partners, or purchase partner products that integrate this Service, you may sign a separate agreement with us or our partners. You acknowledge and agree that you will remain bound by the separate agreement mentioned in this article if you are authorized to access and use this Service. When there is conflict, the separate agreement shall prevail.

1.3 Agreement Update. This Agreement is subject to change. We will notify you of any changes to this Agreement by posting a notice on our website or by other means. You can also visit our website to read the latest service agreement. If you do not agree to part or all of the latest version of this Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest version of this Agreement.

1.4 Service Maintenance. We may maintain this Service from time to time through application upgrade, patch installation, or bug fixing. We will use our reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree to use your best efforts to comply with any notified cooperation requirements.

1.5 Your Content

1.5.1 The definition and related regulations of "Your Content" are subject to the Huawei Cloud Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html ).

1.5.2 In terms of your content, except as required by laws and regulations or for your use of this Service, Huawei Cloud is entrusted to process your data only in accordance with your authorization and instructions and the agreement between you and us.

1.5.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data and you shall solely bear the consequences of these operations.

1.5.4 You shall back up your data as required. Huawei Cloud provides data backup services only in accordance with relevant laws and regulations.

1.6 You shall be responsible for your end users. If your end users violate laws and regulations when using services related to this Agreement, or improperly use related services and cause damages to third parties or Huawei Cloud, you shall be liable for compensation.

1.7 Our Limited Warranty

1.7.1 The provision of a Huawei Cloud service is based on the availability status and product features of the cloud service at the time of provisioning, and does not constitute a commitment of Huawei Cloud to provide the cloud service for a long time after a certain lifecycle of the cloud service ends.

1.7.2 You understand and agree to our limited warranty in terms of the SLA in Clause 4.3 "Our Limited Warranty" of the Huawei Cloud Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html ).

1.8 Agreement by Both Parties

1.8.1 You understand and agree that your use of this Service must comply with applicable laws and regulations. We provide you with standard services only in accordance with your instructions and are not responsible for the legal compliance of your use of this Service. If we reasonably believe that you have violated laws, regulations, or the rights of third parties when using this Service, or violated the terms of related agreements (including Legal Statement, Privacy Statement, Acceptable Use Policy, Huawei Cloud Customer Agreement, and other agreements related to you on the Huawei Cloud official website) ("Prohibited Content"), we have the right to delete Prohibited Content, prohibit your use of related services and access to related content, or suspend services. In addition, you shall compensate for all losses caused to Huawei Cloud attributable to your default, breach, violation, act or omission.

1.8.2 Huawei Cloud provides O&M only for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device fault or network interruption occurs due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid impact on Huawei Cloud services.

1.8.3 When the lifecycle of a specific cloud service product reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will use our best commercial efforts to notify you. After reading and understanding the notification, you can agree to upgrade related services or migrate related services to updated software and hardware.

1.9 Disclaimer

1.9.1 You understand and agree that we are not liable for unavailability of this Service in the following situations:

(1) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements

(2) Service unavailability due to force majeure

(3) Service unavailability due to your reasons or other non-Huawei Cloud reasons

(4) Service unavailability during regular service maintenance

1.9.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will use our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not choose to upgrade this Service to a new version available, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity arises. We shall not be held liable for any potential service outage arising from the upgrade.

 

2. CloudPond Dedicated Terms of Service

2.1 Service Content

CloudPond extends Huawei Cloud infrastructure and services to your premises. Based on Huawei Cloud's QingTian architecture, it provides fully managed cloud services and can be deployed in almost any on-premises data center or colocation space. With unified APIs, a convenient management console, and various tools provided by CloudPond, you can enjoy a consistent experience with the public cloud.

Concepts related to CloudPond are as follows:

(1) User infrastructure: Infrastructure that you provide and meets the requirements for deploying CloudPond, including but not limited to data centers, network, power, and cooling.

(2) CloudPond hardware devices: Hardware devices used for deploying CloudPond, including but not limited to servers, switches, and intelligent racks. These devices are owned by Huawei Cloud.

(3) CloudPond local site: A local site is a pool of compute and storage resources that are deployed on premises. A local site associates a specific Huawei Cloud region with your premises.

(4) CloudPond compute resources: Huawei Cloud Elastic Cloud Server (ECS) resources running on CloudPond.

(5) CloudPond storage resources: Huawei Cloud Elastic Volume Service (EVS) resources running on CloudPond.

(6) CloudPond network resources: Resources related to the Huawei Cloud Virtual Private Cloud (VPC) and Elastic IP (EIP) services running on CloudPond.

(7) Other services on CloudPond: Other Huawei Cloud services and related resources running on CloudPond.

(8) CloudPond user account: The Huawei Cloud account held by the user. The account can meet the basic requirements for purchasing and using CloudPond.

2.2 Collection and Processing of Your Personal Data

For the entire service process, you understand and agree that Huawei Cloud is entitled to collect, use, and process your personal data in accordance with the Privacy Statement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_prp.html.

2.3 Processing Your Content Data

2.3.1 Processing Personal Data Contained in Your Content

You understand and agree that both parties shall process the personal data contained in Your Content in accordance with the Data Processing Addendum (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_dpa.html). Huawei Cloud promises to process the personal data contained in Your Content in accordance with the Data Processing Addendum.

2.4 Installation and Deployment

2.4.1 Deployment Requirements. You shall provide infrastructure that meets the minimum requirements for installing, maintaining, and using CloudPond, and bringing CloudPond offline. We will survey and evaluate the infrastructure onsite before the deployment. If CloudPond cannot be deployed because certain requirements are not met, we shall be entitled not to fulfil this Agreement and not be liable for any consequences.

2.4.2 Account. Prior to deployment, you shall provide your corresponding CloudPond account details for creating and managing CloudPond resources. If CloudPond cannot be deployed because you do not provide your account details in a timely manner or if your account has problems (such as compliance issues, access failure due to password theft, incorrect account details provided, or other related issues), we shall be entitled not to fulfil this Agreement and not be liable for any consequences.

2.4.3 Access permissions. You shall provide us with necessary assistance in delivering, installing, checking, maintaining CloudPond, and removing CloudPond hardware devices, and you shall provide our designated personnel with access to your infrastructure. You shall ensure that, except for law enforcement based on the mandatory applicable laws and regulations and our designated personnel, no unauthorized operations shall be allowed on CloudPond hardware devices, including but not limited to opening racks, moving racks, moving devices in racks, powering on or off devices, removing and inserting cables, and installing other devices in racks.

2.4.4 Network interconnection. To ensure that CloudPond can be installed and deployed and run normally, the network devices and network resources you provide will be continuously connected to the Huawei Cloud data center.

We will provide you with network resource requirements (including network devices, public IP addresses, and bandwidths) and work with you to connect the data center where CloudPond is deployed to the Huawei Cloud data center.

2.4.5 Delivery Acceptance. After CloudPond is deployed, you will be notified of when acceptance will take place. You shall accept the delivery within three (3) working days in accordance with the acceptance criteria described here. If the acceptance criteria are met, you shall sign the Project Acceptance Letter. The content of the Project Acceptance Letter will be specified separately.

The delivery acceptance criteria are as follows:

(1) You can use your CloudPond account to log in to the Huawei Cloud console and view the local sites deployed.

(2) On the Huawei Cloud console, you can enable CloudPond compute resources, storage resources, and network resources running at your local sites.

You can negotiate acceptance criteria and content based on your project details. Before the Project Acceptance Letter is signed, we have the right not to provision cloud services.

2.5 Service Provisioning and Usage

2.5.1 Service provisioning. We will provision cloud services within three (3) working days of receiving the Project Acceptance Letter from you.

2.5.2 Service use. You can log in to the Huawei Cloud console using your CloudPond account and enable cloud resources of CloudPond and other cloud services.

When using other cloud services, you shall comply with the notes and restrictions on these services and also on CloudPond. For details about the notes and restrictions on using cloud services, visit the Huawei Cloud official website and click Documentation in the upper right corner to view the documentation of related cloud services.

2.6 O&M and Upgrade

2.6.1 O&M division. CloudPond runs on the infrastructure you provide and requires stable power, cooling, and network resources in the data center. Therefore, you shall cooperate with us during O&M and are responsible for related O&M in accordance with Section "2.12 CloudPond O&M Responsibility Matrix".

2.6.2 Hardware O&M. If a CloudPond hardware fault occurs, servers, switches, or other hardware devices may need to be replaced after being confirmed by the Huawei personnel. During device replacement, you agree that we have the right to replace faulty hardware devices in accordance with section "2.9 CloudPond Asset Management".

2.6.3 Cloud service O&M. Based on Huawei Cloud's QingTian architecture, the management devices and resources of CloudPond are deployed in the Huawei Cloud data center. Huawei Cloud does not provide onsite cloud service O&M support.

During the remote O&M of cloud services, if cross-border transfer of related data (such as monitoring data and O&M information) is needed, you shall ensure that the data cross-border transfer complies with the local laws and regulations (especially laws of countries and regions where CloudPond is deployed). Before using CloudPond, you shall complete the legal compliance assessment. If the assessment is involved, please contact us in advance. We will cooperate with you as required. If CloudPond services and CloudPond O&M cannot be provided due to local legal compliance requirements, you shall be liable for the risks and consequences of contract breach or penalties imposed by regulators.

2.6.4 Network O&M. You shall provide a stable network for your infrastructure to ensure the normal operation and maintenance of CloudPond. You shall take the responsibility for the network maintenance. We only take the responsibility for maintaining the network within CloudPond hardware devices and the network in the Huawei cloud data center. If a network fault occurs, you shall take the lead in rectifying the fault. We will work with you to locate the fault.

2.6.5 Necessary authorization. During cloud service O&M, you shall authorize us to obtain necessary information about the cloud services as well as the hardware logs, alarms, and configurations through a dedicated O&M connection that you provide. You shall ensure that the O&M connection meets relevant O&M requirements. We need the aforementioned information in order to provide 24/7 centralized monitoring, alarm handling, and quick fault recovery.

2.6.6 Update and upgrade. To ensure service quality, reduce security risks, and improve user experience, we will update and upgrade cloud services and related components based on your needs.

After evaluation, if the update or upgrade does not affect your services, we will perform a routine upgrade in accordance with the version upgrade plan. If the update or upgrade may disrupt your services, you shall work with us to select an appropriate time window for the upgrade and function verification. Before the upgrade, you shall stop, back up, or migrate services as required.

You understand and acknowledge that the update and upgrade of CloudPond may disrupt your services. During the update and upgrade time window, if your services are disrupted or your data is lost due to device restart, cloud service component upgrade, or management plane version switchover, such situation will not be considered as cloud service unavailability. We are not liable for your loss.

2.7 Service Assurance

2.7.1 Huawei Cloud 24/7 service support. Huawei Cloud professional engineer team will provide 24/7 online service support after you provision CloudPond. If you encounter any problem when using CloudPond, you can ask for help through intelligent customer service, self-service, service ticket, or hotline. For details about the support modes and entry, see https://www.huaweicloud.com/intl/en-us/service/protection.html.

Note: The 24/7 service support refers to remote online support. We do not provide onsite support.

2.7.2 Huawei Cloud Support Plans. After deploying CloudPond, you can enjoy the benefits of Huawei Cloud Basic Support Plan. You can upgrade your existing support plan to a higher level based on your service requirements. For details about support plans of different levels, see https://www.huaweicloud.com/intl/en-us/service/supportplans.html.

2.8 CloudPond availability

2.8.1 Compute resource availability. The availability of the compute resources provided by CloudPond depends on the redundancy planning of corresponding servers. The details are as follows:

(1) If there is only one server of the same flavor deployed on CloudPond, the server of this flavor cannot be live migrated to implement failover in case of device exceptions (for example, hardware fault).

If a device exception (for example, a hardware fault) occurs, services running on the server of this flavor cannot run until the exception is rectified. We do not assume any responsibility for this.

(2) If there are multiple servers of the same flavor deployed on CloudPond, but you decide to put all servers of this flavor into use without redundancy reservation, servers of this flavor cannot be live migrated to implement failover in case of device exceptions (for example, hardware faults).

If a device exception (for example, a hardware fault) occurs, services running on the server of this flavor cannot run until the exception is rectified. We do not assume any responsibility for this.

2.8.2 Storage resource availability. Storage resources provided by CloudPond use three-copy redundancy. If a single point of failure (SPOF) occurs (for example, a hardware fault), services can still run properly.

2.8.3 Network resource availability. Network resources provided by CloudPond use hardware redundancy. If a single point of failure (SPOF) occurs (for example, a hardware fault), services can still run properly.

EIP on CloudPond only can assign the public IP address of your data center.

2.8.4 Availability of other cloud services. Other cloud services running on CloudPond depend on the normal operation of compute, storage, and network resources on CloudPond and network in you data center.

2.8.5 Availability commitment. CloudPond availability commitment refers to the service level agreement. For details about the service level agreement, see https://www.huaweicloud.com/intl/en-us/declaration/cloudpond.html.

2.9 CloudPond Asset Management

2.9.1 Asset ownership. The underlying hardware devices on which CloudPond depends are assets of Huawei Cloud. We are entitled to manage and dispose CloudPond assets.

2.9.2 Asset management. We manage the hardware devices of CloudPond. Asset management methods include but are not limited to asset procurement, transportation, and inventory.

2.9.3 Asset inventory. In accordance with the Huawei Cloud asset management process, the hardware devices of CloudPond should be periodically inventoried. You shall provide necessary assistance during asset inventory.

2.9.4 Asset disposal. If the hardware devices of CloudPond are damaged, or if hardware lifecycle or CloudPond service period expires, we will initiate the asset disposal process.

The asset disposal process includes asset repair, replacement, and recycling. You shall provide necessary assistance during asset disposal.

CloudPond does not provide onsite low-level data formatting and data backup services for the data on the asset to be disposed. If you need, you shall use any tools or software to format low-level data or back up the data.

2.9.5 Asset security. CloudPond hardware devices are deployed on your infrastructure. You shall provide power, cooling, and network resources that meet the requirements to ensure that CloudPond hardware devices can run properly.

2.9.5.1 To ensure cloud service availability, the hardware devices of CloudPond shall be continuously powered on. An abnormal power-down will interrupt your services and may damage the devices. We are not liable for any service interruptions resulting from you having unexpectedly powered down devices. In addition, we reserve the right to claim for compensation for the losses caused by CloudPond hardware device power-down.

2.9.5.2 To ensure CloudPond service availability, without our authorization, you shall not use the hardware devices of CloudPond to:

(1) Provide CloudPond hardware devices to a third party or use the devices for other non-CloudPond services.

(2) Damage racks, rack locks, or hardware devices in racks, or open racks to add devices.

(3) Reconstruct, reverse-engineer, or disassemble CloudPond hardware devices.

(4) Connect CloudPond hardware devices to third-party devices without permission.

(5) Power off CloudPond hardware devices and move them without permission.

(6) Move CloudPond hardware devices from a rack to another rack without permission, or reconstruct racks (for example, replace rack doors or change a power supply).

In the event of any aforementioned behavior, you are responsible for any service unavailability. We have the right to suspend or terminate CloudPond services, and we will not refund cloud service fees and other related fees you paid. We will reserve the right to take legal actions.

2.9.5.3 For the loss of Huawei Assets, We have the right to ask you to provide corresponding evidence. You shall cooperate with us and provide corresponding evidence, including but not limited to complete CCTV video records, data center access control records, and key claiming records. If you refuse to provide clues without justified reasons, it is deemed that the asset loss is caused by you.

2.9.5.4 In the event of lost or damaged assets during the effective and performance of this Agreement, you shall notify us in written form within three (3) working days of the loss or damage. If the damage or loss is caused by you, we have the right to claim all the losses incurred therefrom from you or add the corresponding amount to the fees you must pay to Huawei. The claim amount is calculated as follows: (1) If the loss or damage was intentional, the maximum compensation shall be made based on the replacement value of Huawei Assets. (2) If the loss or damage was not caused by intentional reasons, the maximum compensation shall be made based on the depreciated replacement value of Huawei Assets.

2.9.5.5 We have the ownership of devices, accessories, consumables, and other assets (hereinafter referred to as "Huawei Assets") we hosted at your data center within the validity period of the contract or after the termination of the contract. We have the right to take an inventory of Huawei Assets by ourselves or designate a third party to take an inventory of Huawei Assets. You shall provide assistance to us. Without our written authorization, you shall not lend or hand over Huawei Assets to any third party for other purposes for any reason, and you shall not keep Huawei Assets under any circumstances.

2.10 CloudPond Data Processing

2.10.1 Data Migration

2.10.1.1 You understand and agree that, as a part of the service, we reserve the right to upgrade cloud services to new versions based on factors such as security vulnerability fixing, function expansion, and routine patch upgrade. Before the upgrade, we will notify you orally, in writing, by phone, or in any other ways agreed upon by both parties, and you need to migrate workloads within the specified period of time. You understand and agree that during the upgrade, your services may be suspended or unavailable, and such suspension or unavailability is not included in the service unavailability defined in the SLA.

2.10.1.2 We reserve the right to repair and replace hardware running the cloud services for reliability and availability considerations. Before the repair or replacement, we will notify you orally, in writing, by phone, or in any other ways agreed by both parties. You need to migrate workloads within the specified period of time. You understand and agree that, unless otherwise specified, we will not delete or destroy data on the devices during the repair or replacement. We will return the replaced storage media to the warehouse for processing in accordance with the standard processes.

2.10.2 Service Suspension and Data Deletion

2.10.2.1 We reserve the right to suspend your access to or use of the services in the following circumstances: (a) Your or your end users' access to and use of the Services violates terms in section 2.9.5.2 of this Agreement, applicable usage policies, Huawei Cloud Customer Agreement, or applicable laws and regulations. (b) You failed to perform the payment obligations. (c) You have stopped normal business or entered bankruptcy, liquidation, dissolution, or similar procedures. We will notify you of the breach in a timely manner. You can repair the breaches to regain your rights to access and use the services.

2.10.2.2 We reserve the right to delete all your data from CloudPond in the following cases:

(a) Your CloudPond service agreement has expired and you have authorized Huawei Cloud to clear all your resources.

(b) Your CloudPond cloud service agreement has expired, is suspended, or is terminated, and such statuses remain unchanged after the grace period. You can query the latest grace period policies at https://support.huaweicloud.com/intl/en-us/faq-billing/postRules_topic_100014.html.

In this case, we will delete or release all your data stored on CloudPond and other associated data (such as configuration files, resource accounts, and monitoring data). Deleted data cannot be restored. You are liable for the consequences caused by the data deletion.

2.11 CloudPond Billing Modes and Restrictions

2.11.1 Billing modes. There are two billing modes for CloudPond: all upfront and partial upfront.

All upfront: When you place an order on CloudPond, you need to pay for all resources at a time. Partial upfront: When you place an order on CloudPond, you pay 50% of the total resource price in a single payment and pay the remaining balance based on the monthly bills.

2.11.2 Restrictions. To ensure a smooth transaction, you understand and agree to the following restrictions on CloudPond subscription:

(1) After you select a billing mode, this billing mode will be used by default in subsequent expansions and renewals.

(2) CloudPond subscriptions cannot be renewed in the Billing Center. You can renew the order on the CloudPond console.

(3) If you need to expand the CloudPond capacity, you need to submit an application within ninety (90) days before the CloudPond service expires, considering the time needed to deliver, install, and deploy extra devices. If the application is not submitted within such a time frame, you can submit an application after the renewal order takes effect.

(4) CloudPond products cannot be paid for with flexi-purchase coupons, cash coupons, or discount coupons, and they also cannot be paid with payment solutions such as UnionPay QuickPass.

(5) If you choose the partial upfront payment option, you need to make monthly payments on time. If you do not pay monthly as scheduled, the order may not be fulfilled, and the resource renewal and scale-out may fail. We are not liable for any impacts on normal use and scale-out of CloudPond.

(6) Due to hardware replacement, cloud service lifecycle change, and product planning adjustment, we may adjust the specifications and functions of cloud services supported by CloudPond and related cloud services. If the adjustment may affect your services, we will obtain your consent in advance.

(7) During the CloudPond service period, you cannot unsubscribe from all or part of the services in advance unless otherwise specified. If this Agreement is terminated in advance due to your reasons, you need to pay the service fees payable in the remaining CloudPond service period specified in this Agreement in a lump sum.

2.12 CloudPond O&M Responsibility Matrix

The division of responsibilities is as follows. S stands for Support, and R stands for Responsibility.

O&M Content	Category	Description	User	Huawei Cloud
Data center O&M	Infrastructure maintenance	Regular inspection on ventilation, fire-extinguish, water, and electricity in the data center.	R	\
Cloud service O&M	Hardware O&M	Hardware inspection, replacement, and monitoring for hardware devices such as CloudPond racks, servers, and switches.	S	R
	Platform O&M	Monitoring and periodic upgrade of Huawei cloud platform components and services related to CloudPond, fault location, and fault reports.	S	R
Network O&M	CloudPond intra-rack networking O&M	O&M and inspection on networking devices and network configurations between CloudPond racks	S	R
	User data center network O&M	O&M of the interconnection between the user intranet and CloudPond (cloud-CloudPond, CloudPond-user premises)	R	S
Application O&M	User service O&M	O&M of user self-owned services deployed on the CloudPond, such as the OS, application software, custom images, and service provisioning and management	R	S

 

Last updated: December 16, 2024