End User Service Agreement (EUSA)

  1. AUTHENTICATION SERVICE DESCRIPTION; SUBCRIPTION RIGHTS; SERVICE GUIDELINE

1.1 Authentication Service Description

Ask4key Authentication as a Service is used with secure gateway (e.g. Zscaler) to identify Guest/User using Corporate Internet. The authentication can be self-provisioning via (a) Email (B) SMS, (c) Social Login or through Third party assisted provisioning.

Ask4key Authentication Service function outline:

  • Customer can grant the Internet access right to their Guest or Contractor by authorize in registration Portal;
  • A set of authentication key will be created. Security credential define as “user name” and “password”
  • The authentication key will be transmitted via SMS and/or Email to their Guest or third parties(“Contractor”) . A transaction credit is used when the authentication key is sent “Transaction” as used herein, means a “user name” and “password” successful be generated and transmitted via SMS or Email.
  • To access customer Internet, Guest or Contractor must log on and enter the authentication key
  • The password will then verified by third parties’ Secure Web Gateway and if match, the access is granted

 

Ask4key Authentication Service consists of three main components:

  • Ask4key Front office (AFO), is a front office application for network administratorto login to view their up to date transactions, reports and download statement.   Network administrator must have a valid login credential from Ask4key for (AFO) Admin page.
  • Ask4key IDP(IDP) – for SAML authentication with the Service provider (e.g. Zscaler)
  • Ask4key SponsorPage (SponsorPage) – for Internal employee with valid company email to register and approve Guest request for Internet access

1.2 Subscription Rights

Subject to the terms and condition set forth in this agreement;

Ask4key grant customer (i) the right to access and use Ask4key Authentication Service during the subscription term of base contract and number of transaction credit (ii) non-transferable, non-exclusive, non-assignable during the subscription term

1.3 Proprietary Rights.

Customer acknowledges that in providing the Services, Ask4key utilizes (i) the product names associated with the Services and other trademarks; (ii) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information, are covered by intellectual property rights owned or licensed by Ask4key

1.4 Service Guidelines

Customer shall use the Services solely for its internal business purposes and shall only permit access to the services by its authorized employees, network administrator or guests. Customer shall not permit or encourage customer personnel to: (i) modify, copy or make derivative works based on the Ask4key Technology; (ii) disassemble, reverse engineer, or decompile any of the Ask4key Technology: (iii) create Internet “links” to or from the Services, or “frame” or “mirror” any of Ask4key’s content which forms part of the Services

1.5 SMS (For credential transmit with SMS only)

The delivery of SMS messages is largely dependent on the effective functioning of network operators’ cellular networks, network coverage and the SMS recipient’s mobile. Ask4key cannot guarantee the availability of the service or delivery of SMS messages.

1.6 Customer Transaction log

Ask4key may receive, store modify or process  (“Traffic Data”), such as time of transaction, user IP address, username, phone number sent to or received from user through use of the Service.

 

  1. Price/Fees

The pricing schedule is listed in Exhibit A. The list prices do not include sales, GST, or similar taxes or fees. Ask4key reserves the right to change the list prices for the Services at any time with at least thirty (30) days prior written notice of the effective date of any such price increase.  The amount and timing of such price changes shall be exclusively at Ask4key’s discretion.

  1. Professional Service

The professional service is a customization and implementation services provided by Ask4key in connection with the Authentication Service

  1. Payment

Ask4key shall be authorized to invoice any time following the date that an initial service provision notification email from Ask4key. Fee will be due within 30 days of date of Invoice

  1. Support

Support services are available through Ask4key helpdesk, which is operational 8 X 5 Business Hours. Upon reporting the incident (via web), the incident will be assigned a unique Case ID number and such number must be used in all future correspondence until the item is resolved. Standard Support is included in the fees for the Services and the respond time listed as follow

Operation Hours and Response Time Standard Support Service
Hours of Operation* 8×5
Support Access/Response Method Web/Email/Phone
Number of Support Requests Unlimited
Priority Level Target Response Time
Priority 1 – Major Target Response within 4hrs
Priority 2 – Request Target response within 48hrs

*Operation Hours is based on Hong Kong/Singapore/Malaysia GMT+7 Time Zone

 

Ask4key will provide the Support in a professional and workmanlike manner, but does not guarantee that every question or problem raised will be resolved. Ask4key’s obligation to provide Support does not include services requested as a result of causes or errors which are not attributable to Ask4key

 

  1. Warranties

Ask4key makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, you or your company’s personal information or material and information transmitted over our service

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ASK4KEY’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OF THE SERVICES, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION FEES PAID TO ASK4KEY DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF ASK4KEY WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. ASK4KEY HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CUSTOMER THE RIGHT TO ACCESS AND USE THE SERVICES.

 

  1. INDEMNIFICATION

Ask4key will indemnify and hold Customer harmless, from and against any claim against Customer by reason of Customer’s use of the Services as permitted hereunder, brought by a third party alleging that the Services infringe or misappropriate a third party’s valid patent, copyright, trademark or trade secret at ask4key with reasonable fees and expenses.

 

Customer will indemnify and hold Ask4key harmless against any claim brought by a third party against Ask4key arising from or related to Customer’s breach of Section 1.3 of this Agreement

 

  1. Force Majeure

Ask4key shall have no liability for any breach of this Agreement, that is due in whole or in part to the inability to provide the Services to Customer as a result of (i) an event of Force Majeure; (ii) acts or omissions by Customer or its staff, officers, agents, or contractors that are in contravention of this Agreement (e.g. deliberate self-infliction, including deliberate downloading of viruses); or (iii) acts or omissions of any third parties.  For purposes of this Agreement, “Force Majeure” shall mean any delay, failure in performance, loss or damage due to: fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts or omissions of internet traffic carriers (or other problems inherent in the use of the internet or electronic communications), acts or omissions of regulatory or governmental agencies, or other such causes beyond either party’s reasonable control.

  1. Agreement

This Agreement, including the Exhibits attached hereto, constitutes the entire agreement between the parties with respect to this subject matter and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between parties and all prior agreements and there are no inducements to enter into this Agreement which are not set forth herein.