_______ (“the Company”) and the Member, intending to be legally bound, and in consideration of the mutual promises and covenants contained herein, agree as follows:
1.Service
The “Service” herein referred to, is the search and retrieval service through which the member can read on the Internet the Company‘s own legal information or legal information legally obtained from third parties. The right to access to the Service is through a set of login name and password provided by the Company to the Member.
2. Application
2.1 The Company may in its absolute discretion reserve the rights to reject any application to register as a Member, without the need to give any reason.
2.2 Upon the application accepted by the Company and the subscriber‘s compliance of this Agreement, the subscriber becomes a Member. The Company agrees to provide the Service to the Member and warrants to continuously update the information provided in the Service.
2.3 By subscribing to the Service, the subscriber warrants that:
(a) all information provided by the subscriber is accurate, complete and current;
(b) the Agreement, when concluded, constitutes legal obligations that are binding and enforceable;
(c) the Subscriber has obtained necessary authorization to sign the Agreement.
3. Price and Payment Terms
3.1 The Member agrees to pay the amount of subscription fees for the fixed term of service as listed in the Subscription Form to the Company.
3.2 By paying the subscription fees, the Member enjoys the rights and is subjected to the limitation listed in the Terms & Conditions.
3.3 Upon receiving the signed Agreement, the company shall send the login account ID and password to the member within a working day.If there is not advance payment,the member shall pay the funds within 5 working days after receiving the login account ID and password by any of the prescribed methods as set in the Subscription Form.
3.4 Other than the rights enjoyed by the Member under 3.2, the Member agrees to pay all charges incurred by the use of login name and password provided by the Company at the rates and in accordance with the Company‘s billing policies in effect during each period in which the charges are incurred.
4. Disclaimers
4.1 The Member fully understands and agrees that the use of the Service is at the Subscriber‘s own risk.
4.2 The Company is not responsible for any interruption of Service due to problems occurred on the Internet platform or any other reasons that cannot be controlled by the Company. The Company shall make effort to liaise with its Internet Service Provider in order to restore the Service as soon as possible.
4.3 The Company will not be responsible for the interruption of Service owing to orders of government authorities or judicial bodies. The Company agrees to refund the paid fees pro rata to the remaining subscription period.
4.4 Other than interruptions arising from the maintenance of server or regular update, the Company agrees to compensate the Subscriber in an amount of time equal to twice as the time lost attributable to the fault of the Company. Accordingly, the Subscriber agrees to compensate the Company any loss attributable to the fault of the Subscriber.
4.5 The Company and the Subscriber agree that all claims, except stated in 3.2, 3.3, and 3.4 above, shall be limited to direct damages due to the breach of this Agreement. In no event shall either party be liable to the other for any penalty, consequential, indirect, special or incidental damages including, but not limited to, loss of profit or loss of technology or operation rights or loss of business rights.
5. Termination
Either party of this Agreement may serve notice to the other side that is in breach of whole or part of this Agreement and may require the party in breach to take immediate action to redeem its responsibilities under the Agreement and to minimize the impact of the breach. The party in breach shall be liable for any claims for damages made by the other side.
6. Force Majeure
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will use commercially reasonable efforts to minimize the impact of the event.
7. Confidentiality
7.1 Except as expressly set forth herein, the parties shall maintain in confidence the Confidential Information of the other side. The parties shall not disclose such Confidential Information to any third party without the prior written consent of the other side.
7.2 Both parties shall abide by the terms of Confidentiality in this Agreement and have obligation to maintain the Confidential Information after the termination of the Agreement. The obligation shall end only upon the consent of the other side or only if the disclosure of the Confidential Information will not cause any loss of the other side.
8. Dispute Resolution
8.1 This Agreement is constructed and to be executed and interpreted by the laws of the People‘s Republic of China.
8.2 In case of any dispute under this Agreement, both parties shall try to resolve it through negotiation. If negotiation fails, both parties agree to submit the matter to binding arbitration in accordance with the People‘s Court of Haidian District, Beijing.
9. Commencement
This Agreement commences on the date when the Company receives the Subscription Form duly signed and affixed with the Subscriber‘s company chop.
10. Other provisions
10.1 Notwithstanding any contrary term herein, the rights specified in this Agreement are not transferable. Without the written consent of the Company, the Subscriber cannot transfer or assign its rights or obligation to the third party and cannot reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10.2The Subscription Form attached to this Agreement is part of the Agreement and shall have the same legal status of the Agreement. In case of any conflicts, the terms in the Subscription Form prevails.
10.3 By signing the attached Subscription Form, the Subscriber hereby declares that it has read and fully understood the content of the Agreement as well as the Terms & Conditions and Legal Disclaimers published on Lawyee.net and agrees to be bound by them.
10.4 This Agreement has been written in the Chinese language and, in the event of any conflict or inconsistency between the Chinese-language version and any translation hereof, the English language version shall prevail.
