Fees means the installation fee, monthly fee and all other charges in respect of the Services as set out in Quotation Content and other charges for which the Customer is liable.

Services means the services such as co-location, facility management, connectivity provision and hardware supply set out in Quotation Content.

Service Rules means the rules specified by HKES regarding use of the Services as amended from time to time.

1. The Customer will provide all necessary equipment to utilize and/or access the Services at all times, unless HKES agrees otherwise. The Customer must, at its own expense, keep all its equipment, writing and peripherals in good condition. If the Customer fails to remove the equipment and reinstate the allocated area within this period, HKES will have the right to charge the customer for the cost of the space, or the reinstatement, as the case may be, as a debt due and payable or in set-off against any deposit held.

2. The Customer must comply with the Service Rules, which are part of this Agreement. The Customer acknowledges that it has received a copy of the Service Rules in force at the date of this Agreement. The Customer will pay the Fees and all applicable taxes and tariffs relating to its use of Service. The Fees are payable on the first business day of each and every calendar month provided that the first month's payment shall be paid on the signing of this Agreement by the Customer and shall (where necessary) be apportioned according to the number of days in that month on the basis of a 30 day month. The Customer shall indemnify HKES against all claims actions, proceedings, loss, damage, costs, expenses and liabilities whatsoever arising from any improper use, or any use in violation of law or third party rights, or in breach of this Agreement, of the Services by the Customer or any person authorised or permitted by the Customer.

3. Any internet protocol address allocated by HKES to the Customer shall remain the property of HKES and the Customer shall acquire no right whatsoever to such address. The Customer shall not expressly or impliedly use the name of HKES or any imitation thereof to associate it with any of the Customer's advertisement, solicitation or broadcast in any form without the prior written consent of HKES.

4. HKES does not agree or warrant that the Services will be uninterrupted or error free, or agree to or warrant any result from the use of the Service. HKES expressly disclaims any condition or warranty of title, merchantability, or fitness for any purpose whether implied, statutory or otherwise HKES shall have the right to modify or discontinue any aspect of the Services at its discretion upon 7 working days prior written notice to the Customer.

5. HKES shall not under any circumstances be liable for or to rectify or to improve upon the quality or defect in connectivity, equipment or performance level which may have been caused by any reason whatsoever. Except to the extent that the exclusion is prohibited by law, HKES shall have no liability whatever to the Customer, or any person claiming through the Customer, for any indirect, consequential or economic loss or damage (including without limitation any loss of data, management time, business opportunity or actual contracts) by the Customer however arising Except to the extent that the limitation is prohibited by law, HKES's liability will be limited, at its option, to (i) in the case of goods, repairing or replacing the goods or supplying equivalent goods, or paying the cost of doing any of these; or (ii) in the case of services, supplying the services again or paying the cost of doing so and under no circumstances will the liability of HKES exceed the amount of the Fees paid to HKES in the six months preceding the date of the events giving rise to the claim.

6. This Agreement ends at the expiration of the Term. Either the Customer or HKES may terminate this Agreement at any time if HKES is unable to offer the Service to the Customer due to any law, regulation or other reason beyond its control.

HKES may terminate the Agreement by written notice to the Customer, if the Customer shall be in breach of any of its obligations under this Agreement, which remains un-remedied after 30 days' notice of default. If the Customer commits a breach of this Agreement HKES shall have the right to suspend and/or terminate all or any of the Services and deny access by the Customer to any of its equipment without prior notice without being liable to the Customer in any way. Once the Services have been suspended or terminated or access to the Customer's equipment is denied, reinstatement shall be at the sole discretion of HKES.

7. Upon termination, the Customer shall be liable for all Fees up to the date of termination without prejudice to HKES's right to claim against the Customer for any loss or damage suffered by HKES. Prepayments will not be refunded or allowed to be transferred to any third party. HKES reserves all rights to re-possess, uninstall and remove all equipment leased to the Customer if the Customer shall commit a breach of this Agreement or upon termination of this Agreement.

8. If any of the provisions of this Agreement shall be illegal or invalid, it shall not affect the legality, validity, and enforceability of the other provision of this Agreement. The illegal and invalid provision shall be deemed to have been deleted from this Agreement. The Customer shall abide by all applicable laws (whether of Hong Kong or of any relevant jurisdiction) in relation to use of the services. The Customer further warrants that its use of the Services does not infringe any third party rights or violate any law. This Agreement shall be construed in accordance with the laws of Hong Kong and HKES and the Customer hereby submit to the exclusive jurisdiction of the courts of Hong Kong. Nothing in this Agreement shall be construed as creating the relationship of landlord and tenant between HKES and the Customer.