Availability of the Data Box Device
The Data Box Device may not be offered in all regions, and even where it is offered, it may be subject to availability. 21Vianet is not responsible for delays related to the Service outside of its direct control. 21Vianet reserves the right to refuse to offer the Service and corresponding Data Box Device to anyone in its sole discretion and judgment.
Possession and Return of the Data Box Device
As part of the Service, 21Vianet allows Customer to retain the Data Box Device for limited periods of time which may vary based on the Data Box Device type. If Customer retains the Data Box Device beyond the specified time period, 21Vianet may charge Customer additional daily fees as described at https://www.azure.cn/pricing/details/databox.
Shipment and Title; Fees
a. Shipment Options. Available shipment options vary based on Data Box Device type. Please refer to the Table 1 below for available shipment options:
| Table 1 | |
| Data Box Device Type | Available Shipment Options |
| Data Box | Self-managed shipment only. |
| Data Box Disk |
(1) Shipment by 21Vianet-designated carrier; or (2) Self-management shipment. |
b. Title and Risk of Loss. All right, title and interest in each Data Box Device is and shall remain the property of 21Vianet’s licensor, and except as described in the Additional Terms, no rights are granted to any Data Box Device (including under any patent, copyright, trade secret, trademark or other proprietary rights).
(i) If Customer elects self-managed shipment, Customer will take the risks related to the self-managed shipment of the Data Box Device, and compensate 21Vianet for any loss, material damage or destruction to or of any Data Box Device while it is at Customer’s or Customer’s designated carriers’ care . Customer is responsible for inspecting the Data Box Device upon receipt from 21Vianet and for promptly reporting any damage to 21Vianet at https://support.azure.cn/zh-cn/support/contact/. Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device from the time 21Vianet makes Data Box Device available for pick-up by Customer’s designated carrier or Customer, until 21Vianet has accepted the returned Data Box Device from Customer’s designated carrier or Customer at the Designated Azure Data Center.
(ii) If Customer elects shipment by 21Vianet-designated carrier, Customer will compensate 21Vianet for any loss, material damage or destruction to or of any Data Box Device while it is at any of Customer’s locations. Customer is responsible for inspecting the Data Box Device upon receipt from 21Vianet-designated carrier and for promptly reporting any damage to 21Vianet at https://support.azure.cn/zh-cn/support/contact/. Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device once it has been delivered by 21Vianet-designated carrier to Customer’s designated address until the 21Vianet-designated carrier accepts the Data Box Device for delivery back to the Designated Azure Data Center.
c. Fees. 21Vianet may charge Customer specified fees in connection with its use of the Data Box Device as part of the Service, as described at https://www.azure.cn/pricing/. For clarity, Azure Storage and Azure IoT Hub are separate Azure Services, and if used (even in connection with its use of the Service), separate Azure metered fees will apply. Additional Azure services Customer uses after completing a transfer of data using the Azure Data Box Service are also subject to separate usage fees.
d. Compensation. For Data Box Device, 21Vianet may charge Customer a lost device fee (“Compensation”) as provided in Table 2 below, if (i) the Data Box Device is lost or materially damaged while it is in Customer’s or Customer’s designated carrier’s care; and/or (ii) (X) when Customer elects self-managed shipment, and Customer does not return the Data Box Device to 21Vianet at the Designated Azure Data Center or (Y) when Customer elects shipment by 21Vianet-designated carrier, and Customer does not provide the Data Box Device to the 21Vianet-designated carrier for return. 21Vianet reserves the right to change the fees charged for Data Box Device types, including charging different amounts for different device form factors. For avoidance of doubt, 21Vianet will charge Customer the Compensation (if applicable) separately from the fees in connection with Customer’s use of the Data Box Device as described in above subsection (c) “Fees” and the Compensation must be paid to a separate bank account specified by 21Vianet.
| Table 2 | |
| Data Box Device Type | Lost or Materially Damaged Amounts |
| Data Box | Amount: CNY 240,000.00 |
| Data Box Disk | Amount: CNY 15,900.00 per Disk |
e. Shipment by 21Vianet-designated carrier and Return of Data Box Device. If Customer elects to use shipment by 21Vianet-designated carrier for Data Box Disk, 21Vianet will designate a carrier for shipping and delivery of Data Box Devices that are transported or delivered between Customer and a Designated Azure Data Center or 21Vianet. Customer will be responsible for costs of shipping a Data Box Device from 21Vianet or a Designated Azure Data Center to Customer and return shipping of the Data Box Device, including any metered amounts for carrier charges, any taxes, or applicable customs fees. When returning a Data Box Device to 21Vianet, Customer will package and ship the Data Box Device in accordance with 21Vianet’s instructions, including using a carrier designated by 21Vianet and the packaging materials provided by 21Vianet . Although data on a Data Box Device is encrypted, Customer acknowledges that there are inherent risks in shipping data on and in connection with the Data Box Device, and that 21Vianet will have no liability to Customer for any damage, theft, or loss occurring to a Data Box Device or any data stored on one, including without limitation during transit.
f. Self-Managed Shipment. If Customer elects to use self-managed shipment for Data Box Disk or the Data Box, Customer may elect to use Customer’s designated carrier or Customer itself to ship and return the Data Box Device by selecting corresponding option in the Service portal. Once selected, (i) 21Vianet will inform Customer about Data Box Device availability; (ii) 21Vianet will prepare the Data Box Device for pick-up by Customer’s designated carrier or Customer itself; and (iii) Customer will coordinate with 21Vianet and Designated Azure Data Center personnel for pick-up and return of the Data Box Device by Customer’s designated carrier or Customer directly. Customer’s election for self-managed shipment is subject to the following: (i) Customer abides by all other applicable terms and conditions related to the Online Service and Data Box Device, including the 21Vianet Online Services Terms ( which incorporates the Azure Data Box Hardware Terms); (ii) Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device (as described in the “Shipment and Title; Fees” section, under paragraph (i) of subsection (b) “Title and Risk of Loss”) from the time that 21Vianet makes the Data Box Device available for pick-up by Customer’s designated carrier or Customer, to the time 21Vianet has accepted the Data Box Device from Customer’s designated carrier or Customer at the Designated Azure Data Center; (iii) Customer is fully responsible for the costs of shipping a Data Box Device from 21Vianet or a Designated Azure Data Center to Customer and return shipping of the same, including carrier charges, any taxes, or applicable customs fees; (iv) When returning a Data Box Device to 21Vianet or a Designated Azure Data Center, Customer will package and ship the Data Box Device in accordance with 21Vianet’s instructions and any packaging materials provided by 21Vianet; (v) Customer will be charged applicable fees (as described in the “Shipment and Title; Fees” section, under subsection (c) “Fees”) which commence from the time the Data Box Device is ready for pick-up at the agreed upon time and location, and will cease once the Data Box Device has been delivered to 21Vianet or the Designated Azure Data Center; and (vi) Customer acknowledges that there are inherent risks in shipping data on and in connection with the Data Box Device, and that 21Vianet will have no liability to Customer for any damage, theft, or loss occurring to a Data Box Device or any data stored on one, including during transit when shipped by Customer’s designated carrier.
Responsibilities if Customer Moves a Data Box Device between Locations
While Customer is in possession of a Data Box Device, Customer may, subject to the requirements of applicable laws, at its sole risk and expense, transport the Data Box Device to its domestic locations for use to upload its data in accordance with this section and the requirements of the Additional Terms.