Special Terms and Conditions Governing IPVPN Service

1.

The following Special Terms and Conditions shall govern the use of IPVPN Service provided by IXTech Limited. These Special Terms and Conditions shall be subject to the General Terms and Conditions of IXTech Limited.

2.

Unless otherwise provided, terms used herein shall bear the same meanings as the General Terms and Conditions of IXTech Limited.

3.

In connection with the General Terms and Conditions, these Special Terms and Conditions, or otherwise stated, shall also form part of the Agreement. Subscriber agrees to abide by all applicable terms stated therein.

4.

IPVPN Service is a virtual private network service, which provides data transmission over our network infrastructure between installation sites via IXTech Limited's network terminal located at the Subscriber's premises. The Subscriber is responsible for the network integration between the Subscriber's network and IXTech Limited's service through IXTech Limited's network terminal.

5.

The Subscriber is also recommended that appropriate measures shall be adopted to ensure the security of the data and avoid unauthorized access to the IPVPN Service, if any.

6.

The Subscriber is responsible for the security of his/her/its own network and it is recommended that some forms of network protection or firewall shall be installed, if necessary.

7.

IXTech Limited reserves all rights to access to the Subscriber's IPVPN Service whenever necessary to identify or resolve technical problems or to respond to service complaints.

8.

IXTech limited can only provide the Services at the location with final confirmation of service availability by local telecom carrier from different countries. In the event that IXTech Limited is incapable of providing the Services, this Agreement shall be treated as null and void. IXTech Limited is not liable for any loss in any kind suffered by the Subscriber.

9.

Installation fee may be varied subject to final confirmation by local telecom carrier from different countries on case-by-case basis. In case of any disputes, the Subscriber shall be responsible for any confirmed additional charges incurred on the installation.

10.

The Subscriber shall, on the scheduled delivery date and at its own cost, provide sufficient and accurate information, prepare the installation site and make all other necessary preparations in accordance with IXTech's specifications, failing which, IXTech Limited reserves the right to reschedule the delivery date. The Subscriber shall be responsible for any cost incurred as a result of this re-scheduling or additional site visit.

11.

The Subscriber is responsible for all the preparation and cooperation works for implementing the Services, and shall bear the relevant expenses arising therefrom. The above-mentioned preparation and cooperation works shall include, but not limited to, the contacts, terminal access equipment, intra-building pipelines, installation sites and access right for installation sites. The Subscriber shall be responsible for the delay caused by the Subscriber to implementation of the Services. The time for implementing the Services shall be postponed accordingly.

12.

The Subscriber using the Services is required to comply with the local laws and regulations applied and enforced in the countries where the Services are installed.

13.

The Subscriber represents and covenants that he/she/it shall not use the Services in any manner or for any purpose, which constitutes a violation of the laws or regulations of Hong Kong or any other applicable jurisdictions in which the Services are being provided. The Subscriber shall indemnify IXTech Limited against any violation of this term.

14.

Before the expiry of the Initial Term, the Subscriber is not allowed to relocate the Services to a new site unless the Subscriber agrees to pay IXTech Limited the relocation charges including, but not limited to, the installation fee for the new site and the termination charge of the Subscriber's existing service equals to all Charges covering the remaining period of the Initial Term of this Agreement, and to keep IXTech Limited indemnified from and against all losses, damages and expenses arising out of the relocation. Prior to the relocation, the Subscriber shall enter into a new agreement with IXTech Limited, which covers terms and conditions, including but not limited to, the revised subscription fee and Initial Term to be applied to the new service. The new agreement shall take effect on the date of relocation and the Subscriber shall then be bound by the new terms and conditions of such agreement.

15.

For relocation, in order to resume the Services at the new site, the Subscriber shall be responsible for disconnecting, relocating, and reconnecting all relevant on rental equipment at the Subscriber's own expenses.

16.

IXTech Limited shall not be responsible for the performance or non-performance of any services/applications used or subscribed or setup or performed by the Subscriber, any third party provider(s) or telecommunications services provider(s).

17.

The warranties for all on-loan Equipment will not cover any physical damages and malfunction under unstable power supply or the damages of thunder at the Subscriber's premises.

18.

All rented Equipment must be returned to an address as specified by IXTech Limited at the Subscriber's own expenses before effective date of the termination, failing which, the Subscriber shall be responsible for the cost of the Equipment if it is damaged, not returned or lost.


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