Specific Terms for Live Internet Video Exchange Service
These Specific Terms for Live Internet Video Exchange (“LIVE”) Service which both the Company (as defined in clause 5 hereof) and the Customer agrees to be bound by, are incorporated into and made a part of the master services agreement and/or other general terms and conditions for the provisioning of services by the Company to the Customer (the “Service Agreement”). Any capitalized terms used herein, and not otherwise defined shall have the meaning set forth in the Service Agreement.
1. Service Description
1.1 The Company agrees to provide Live Internet Video Exchange Service (“Service”) to the Customer. It is a video stream delivery service via the Company’s cloud System as
defined in clause 2.1.
1.2 The Service shall support options of Protected Ingress or Unprotected Ingress of RIST, SRT and Zixi Video Streams from a Non-LIVE Appliance, LIVE Edge Appliance or LIVE
1.3 The Service shall support options of Protected Egress or Unprotected Egress of RIST,SRT and Zixi Video Streams to a Non-LIVE Appliance, LIVE Edge Appliance or LIVE
1.4 The Service shall support stream transmission from the Stream Input Port to the Stream Output Port via Internet and the Company’s cloud System. For the avoidance
of doubt, Internet access and the terminating appliances at customer premises are not part of the Service.
1.5 The Service shall be self-provisioned by the Customer via the LIVE Service Portal. For the avoidance of doubt, the Service is defined by the Portal Service Configuration set up by the Customer and the System Availability shall be measured against the Service thus defined by the Customer.
1.6 The Company is responsible for supporting the video stream delivery only, and the Customer shall at its own costs and expenses be responsible for obtaining and
maintaining any other facilities, networks, licenses, permits, consents and rights to use the content that are required to carry, use, deliver, distribute, broadcast or perform any other forms of manipulations to the content at the various source and destination locations.
1.7 The Customer shall be charged based on the SPUs, the Ingress Traffic and Egress Traffic for a Service (as defined in clause 5 hereof).
1.8 Provisioning of the Service may involve housing of LIVE Edge Appliance and/or other equipment at the Customer’s Premises (“CPE”) at the end locations. The Customer is
required to provide secure rack space and well-conditioned facilities to house and operate the CPE, including but not limited to the power supply, air conditioning, security, etc. It is also the Customer’s responsibility to return the functioning CPE to the Company without any damages, immediately after termination of the Service, or pay for an amount equivalent to the CPE value in lieu.
1.9 The Customer acknowledges and agrees that the CPE installed under this Agreement is not dedicated for exclusive use by the Customer or for the Service unless otherwise
agreed by both Parties. Where applicable, the Company may use the same CPE to serve other customers.
1.10 For the avoidance of doubt, the Company exercises no control over and expressly disclaims any liabilities arising from any content, data or information transmitted or
maintained through the Service.
1.11 In addition to the provisions relating to suspension of Service and termination in the Service Agreement, the Company may suspend or terminate the Service, effective
upon notice, should the use of the Service or any content, information or materials transmitted by the Customer or any end users, directly or indirectly, actually or
allegedly (i) violate any Applicable Laws; (ii) infringe, constitute unauthorized use or involve misappropriation of any trade secrets or Intellectual Property Rights of the Company or any third party; (iii) be used for or involved in any defamatory, threatening or obscene purpose or in violation of this Agreement and the Acceptable Use Policy (as amended from time to time).
2. System Availability Guarantee
2.1 The System is defined as the Cloud Nodes and associated Cloud Backbone Connectivity between regional Cloud Nodes which are used to support the Service.
2.2 The System is deemed unavailable when one of the following incidences occurs:
(a) The Pre-defined Cloud Nodes of a Service fail, and no Alternative Cloud Nodes are available to support the Service;
(b) The Cloud Backbone Connectivity fails or is not sufficient to support the Service; or
(c) For a Protected Service where Redundant Cloud Nodes are used, when one or both of the Cloud Nodes fail, and no Alternative Cloud Nodes are available to support the Protected Service with Redundant Cloud Nodes.
2.3 The System Availability of a Service is defined as the percentage of the total time the System is available to support the Service divided by the total time of the Service.
2.4 The System Availability Guarantee for a Service is 99.99%.
2.5 In the event that the Company fails to meet the System Availability of a Service, the Customer is entitled to the Credit as service performance remedy. The amount of
Credit is calculated as follows:
|Service Type||System Availability for the
|Credit (% of the Service
Charge for the Service)
2.6 The Company’s maximum liability under this clause 2 shall in no event exceed thirty percent (30%) of the Service Charge of the Service.
2.7 The Customer acknowledges that the records of the Company are the sole conclusive evidence of the level of System Availability for the Service.
2.8 Any fault or interruption of the Service will not be a System Unavailability if caused by any of the following events:
(a) Force Majeure Event;
(b) Scheduled Maintenance;
(c) any suspension of the Service in accordance with the Service Agreement;
(d) power plant failure at the premises of the Company or any third party;
(e) interruption to the Service agreed by the Company and the Customer;
(f) fault or failure of Non-LIVE Appliance or LIVE Edge Appliance at customer premises; or
(g) weather constraints which include but not limited to thunderstorms, black rain storms, typhoon warnings and any weather conditions which may affect the
safety of the Company’s staff carrying out repair restoration duties.
2.9 Unless otherwise agreed by the Parties in writing, the liabilities of the Company to the Customer for failure to achieve the System Availability and provisioning of the Services shall be governed by the provision relating to credits in the Service Agreement and clause 3 of these Specific Terms.
3.1 The Customer shall be entitled to claim for the Credit if the Company fails to meet the System Availability for the Service set out in clause 2 above.
3.2 Any Credit shall be reflected in the subsequent invoice issued by the Company for the Service after the occurrence of the failure.
3.3 The Credit shall be calculated by reference to the records held by the Company which shall be the sole conclusive evidence of the System Availability achieved by the
3.4 As a condition of entitlement to the Credits, the Customer shall cooperate witAs a condition of entitlement to the Credits, the Customer shall cooperate with the Company in addressing any reported Service problems as required by the Company.
3.5 Subject to clauses 2.7, 2.8, 2.9, 3.2 and 3.3 above, all Credit claims shall be made to the Company within thirty (30) days of the relevant invoice date otherwise the invoice shall be deemed to have been accepted by the Customer.
3.6 Credits are not assignable nor transferrable.
In these Specific Terms, the following terms shall mean the following:
“Alternative Cloud Node”: means a Cloud Node which is used to restore a Service when a Predefined Cloud Node fails to support a Service.
“Cloud Backbone Connectivity”: means the fibre network capacities connecting the Cloud Nodes for supporting the Live Internet Video Exchange service.
“Cloud Nodes”: means that software and hardware cloud resources in different regional locations dedicated for video stream delivery of the Live Internet Video Exchange service
“Company”: means the service providing company that has entered into the Agreement with the Customer, as more particularly specified in the Service Agreement and the relevant Order Form.
“Credit”: means a deduction of a certain percentage sum calculated in accordance with clause 2 in accordance with the terms of these Specific Terms.
“Egress Traffic”: means the volume of stream traffic measured in Gbytes outgoing from a Stream Output Port.
“Ingress Traffic”: means the volume of stream traffic measured in Gbytes incoming to a Stream Input Port.
“LIVE Edge Appliance”: means the equipment at Customer Premises (“CPE”) provided either by the Customer or by the Company, used as the terminating equipment for the Service, with installation of specific client software provided by the Company for Live Internet Video Exchange services. The specific client software provided by the Company is available to download by end-users and is subject to a separate end-user license agreement (as amended from time to time).
“LIVE Gateway Appliance”: means the equipment set up at the Company’s premise, used as a gateway for the Cloud Nodes, with installation of specific client software provided by the Company for Live Internet Video Exchange services.
“LIVE Service Portal”:means the self-service web portal accessible by the Customer via public Internet where the Customer can configure and self-provision a Service.
“Non-LIVE Appliance”: means the equipment at Customer Premises (“CPE”) provided by the Customer, used as the terminating equipment for the Service, without installation of specific client software provided by the Company for Live Internet Video Exchange services.
“Portal Service Configuration”: means the configuration of a Service as defined by the Customer via the LIVE Service Portal.
“Pre-defined Cloud Nodes”: means the Cloud Nodes selected by the Customer in a Portal Service Configuration for receiving the source stream or sending the stream to the destinations.
“Protected Egress”: means the Service is configured in a way with the video stream output from more than one Cloud Nodes as resilience.
“Protected Ingress”: means the Service is configured in a way with the video stream going into more than one Cloud Nodes as resilience.
“Protected Service”: means a Service which is configured with Redundant Cloud Nodes.
“Redundant Cloud Nodes ”: means two or more Cloud Nodes that are configured to receive or transmit the same stream for resilience purpose.
“Service Charge ”: means the charges payable by the Customer to the Company in respect of the Service (less any discount, where applicable, given by the Company to the Customer).
“Scheduled Maintenance ”: means those activities which the Company may undertake to the System by giving a reasonable written notice to the Customer.
“Stream Output Port ”: means the output port on a Cloud Node or a LIVE Edge Appliance or a LIVE Gateway Appliance.
“Stream Input Port ”: means the input port on a Cloud Node or a LIVE Edge Appliance or a LIVE Gateway Appliance.
“SPU”: means a Stream Port Unit which is used for service charge calculations when a Stream Input Port or a Stream Output Port is used during provision of a Service.
“System”: means the Cloud Nodes and associated Cloud Backbone Connectivity between regional Cloud Nodes which are used to support the Service.
“System Availability”: means the percentage of the total time the System is available to support the Service divided by the total time of the Service and is calculated as follows:
(Total number of minutes of a Service-Number of minutes the System is unavailable for a Service) x100%
Total number of minutes of a Service
“System Unavailability”: means the total duration of the System being unavailable for a Service as defined in clause 2.2.
“Unprotected Egress”: means the Service is configured in a way that the video stream output from only one Cloud Node with no resilience.
“Unprotected Ingress”: means the Service is configured in a way that the video stream going into only one Cloud Node with no resilience.