Operation Service Contract
Contrac
t
Number
.
Party A: (Supplier)
Party B: (Receiver)
Both parties and the Member, intending to be legally bound, and in consideration of the mutual promises and covenants contained herein, agree as follows:
1. Item of operation service
The “Operation Service” herein referred to, is the ______.
2. Application
Party A may in its absolute discretion reserve the rights to reject any application without the need to give any reason.
Upon the application accepted by Party A and the Applicant’s compliance of this Contract, the Applicant becomes a Member. The Company agrees to provide the Service to the Member and warrants to continuously update the informat ion provided in the Service.
The Applicant must warrant that:
(1) all information provided by the Applicant is accurate, complete and current;
(2) the Contract, when concluded, constitutes legal obligations that are binding and enforceable;
(3) the Applicant has obtained necessary authorization to sign the Contract.
3. Price and Payment Terms
(1) Party B agrees to pay the amount of service fees for the fixed term of service as listed in the Contract to Party A.
(2) Upon receiving the signed Contract and remittance credence, Party A 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 ten working days after receiving the login account ID and password by any of the prescribed methods as set in the Subscription Form.
4. Disclaimers
(1) Party A 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 Party A. Party A shall make effort to liaise
with its Provider in order to restore the Service as soon as possible;
(2) Party A will not be responsible for the interruption of Service owing to orders of government authorities or judicial bodies. Party A agrees to refund the paid fees pro rata to the remaining subscription period;
(3) Party B agrees to compensate Party A any loss attributable to the fault of the Party B;
(4) Two parties agree that all claims, 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. Breach of contract
In the event that either Party breaches any provision of the Contract that results in the other party incurring economic losses, the party in breach shall be liable to compensate the other party for the corresponding economic losses.
6. Jurisdiction and Lawsuit
This Contract is constructed and to be executed and interpreted by
the laws of the People’s Republic of China.
Any controversy or claim arising hereunder that cannot be resolved by the parties themselves, shall be settled by arbitration in China,
Any award rendered thereon shall be in writing and shall be final and binding on the parties and judgment may be entered thereon in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with the arbitration and the costs and expenses of the arbitrators shall be borne as determined by the arbitrator.
7. Force Majeure
The effected party shall notify the other party of the cases of force majeure occurred by telex or cable as soon as possible and shall send by registered airmail, within 20 days thereafter, a certificate issued by the authorities or departments concerned to the other party for confirmation.
Should the effect of the force majeure cases last for more than 100 days, both parties shall settle the problem of further execution of theContract through friendly consultations as soon as possible.
8. Confidentiality
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.
Both parties shall abide by the terms of Confidentiality in this Contract 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.
9. Effectiveness of the Contract
This Contract commences on the date when Party A receives the contract duly signed and affixed with the Subscriber’s company chop.
10. Languages
The present Contract is drawn in English.
Party A (Signature):
Party B (Signature):
Date:
Place: