Common use of Party A’s Rights and Obligations Clause in Contracts

Party A’s Rights and Obligations. (1) Party A shall permit Party B to use Party A’s SMS gateway to provide value-added SMS services to subscribers. Party A has the right to adjust SMS service volume according to the capacity of its SMS center and, if such adjustment may affect Party B’s business, Party A shall inform Party B of such adjustment in timely manner. (2) Party A shall provide complete GSM communications system and ensure its stability and smoothness. Party B shall inform Party A of any breakdown found with the system and Party A shall resolve such problem promptly to prevent disruption of Party B’s operation. (3) Party A shall make accessible to Party B relevant technology agreement standards and interface standards relating to SMS gateway platform and technical files required for communications between the parties so as to solve relevant problems encountered by Party B on communications. (4) Party A shall contribute the hardware and software system required for SMS platform and bear operation expenses relating thereto. (5) Party A shall reform its billing system, including a fee collection system with banks and relevant hardware and software. (6) Party A shall xxxx and collect fees on behalf of Party B. Party A shall have the right to examine the businesses of Party B to ensure accuracy of billing information. Party A shall provide to subscribers clear invoice for any billing and billing statement if required by subscribers. (7) Party A shall, if conditions permit, provide to Party B information relating to invalid subscribers of Monternet (the subscribers whose number has been cancelled, or whose mobile phone service has been suspended, or who has defaulted in fee payment) to enable Party B to undertake corresponding treatment for such subscribers. (8) Both parties shall jointly undertake marketing and promotion work.

Appears in 2 contracts

Samples: Cooperation Agreement (Netease Com Inc), Cooperation Agreement (Netease Com Inc)

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Party A’s Rights and Obligations. (1) . Party A shall permit provide Party B with mainframe site, power support, broadband network support, security monitoring, mainframe management and troubleshooting and assist Party B or the manufacturer to use conduct maintenance and other hosting services. However, Party A’ service does not include maintenance service, and if Party B’s machine and equipment go wrong or are damaged, Party B shall be responsible for repair and maintenance of the machine and equipment by itself, and fully bear the losses and related costs. If Party B needs Party A to provide the above services, Party B shall get the approval of Party A, and pay related expenses to Party A. 2. Party A shall conduct daily monitoring for hosted devices of Party B, so as to guarantee stable operation of hosted devices, except under one of the following circumstances: 1) The situation that is caused by failure of physical and electrical equipment of Party B; The situation that is caused by hacker, computer virus and mass emails; 2) The situation that an exception occurs to the hosted device and the problem still cannot be solved by Party A’s SMS gateway staff through operation according to provide value-added SMS services to subscribersthe operation manual; 3) The situation that is caused by temporary control of the government or security department; 4) The situation that is caused by the force majeure event. 3. Party A has the right to adjust SMS service volume upgrade and replace related equipment according to the capacity needs of its SMS center andbusiness, if such adjustment may affect but it shall notify Party B’s businessstaff in written form three workdays in advance. 4. For long-term stable operation of the machine room, the data center shall conduct regular inspection, maintenance, service and troubleshooting of the infrastructure, at a time interval not exceeding 5% of the term of contract, and during such period, the power supply and network shall be cut off. 5. In the process of supervision and maintenance of the hosted devices by Party A, if any exception occurs to the entrusted devices, Party A shall inform Party B of such adjustment in timely manner. (2) carry out maintenance according to the operation manual within 24 hours; if the problem still cannot be solved, Party A shall provide complete GSM communications system notify Party B within 48 hours and ensure its stability and smoothnessrepair the equipment according to Party B’s guidance or cooperate with Party B to carry out equipment maintenance. 6. Party B shall inform A agrees and promises that, without Party A of any breakdown found with the system and B’s prior consent, Party A shall resolve such problem promptly to prevent disruption of Party B’s operationnot change or transfer the entrusted devices, and not sell, lease or pledge the hosted devices. (3) Party A shall make accessible to Party B relevant technology agreement standards and interface standards relating to SMS gateway platform and technical files required for communications between the parties so as to solve relevant problems encountered by Party B on communications. (4) Party A shall contribute the hardware and software system required for SMS platform and bear operation expenses relating thereto. (5) Party A shall reform its billing system, including a fee collection system with banks and relevant hardware and software. (6) Party A shall xxxx and collect fees on behalf of Party B. Party A shall have the right to examine the businesses of Party B to ensure accuracy of billing information. Party A shall provide to subscribers clear invoice for any billing and billing statement if required by subscribers. (7) Party A shall, if conditions permit, provide to Party B information relating to invalid subscribers of Monternet (the subscribers whose number has been cancelled, or whose mobile phone service has been suspended, or who has defaulted in fee payment) to enable Party B to undertake corresponding treatment for such subscribers. (8) Both parties shall jointly undertake marketing and promotion work.

Appears in 1 contract

Samples: Hosting Service Contract (Golden Bull LTD)

Party A’s Rights and Obligations. (1) 4.1 Party A shall permit provide necessary technical supports and cooperation for Party B’s performance of the agency obligation hereunder, and consider providing appropriate training and/or spreading the promotional materials for agency business. The specific programs for the abovementioned matters if determined by both parties through negotiation, shall be subject to written confirmation by the authorized representative of both parties and related programs shall be deemed as the appendices hereto, or both parties shall sign a written supplementary agreement. 4.2 Party A shall timely provide Party B with the latest tariff standard and policy for the agency business hereunder. 4.3 Party A shall pay to use Party A’s SMS gateway B the agency fee pursuant to provide value-added SMS services to subscribers. this Agreement and relevant appendices. 4.4 Party A has the right to adjust SMS service volume according guide the business agency activities carried out by Party B hereunder, and to consider equipping full-time managers, inspect the capacity of agency work performed by Party B and conduct necessary supervision and inspection on its SMS center and, if such adjustment may affect Party B’s business, activities on a regular and irregular basis. 4.5 Party A shall inform has the right to supervise and inspect the quality of services performed by and performance of tariff standard by Party B of such adjustment in timely manner.B. (2) Party A shall provide complete GSM communications system and ensure its stability and smoothness. 4.6 The customers developed by Party B shall inform directly sign respective business agreement with Party A of A, and Party B shall not enter into any breakdown found agreement in its name with the system and Party A shall resolve such problem promptly to prevent disruption customers developed by it in respect of Party B’s operationagency business hereunder without permission. (3) 4.7 In case the customers that Party B acts on commission fail to pay to Party A shall make accessible to Party B relevant technology agreement standards the expenses payable for respective business on time and interface standards relating to SMS gateway platform in full in accordance with the period, amount and technical files required for communications between the parties so terms of payment as to solve relevant problems encountered by Party B on communications. (4) Party A shall contribute the hardware and software system required for SMS platform and bear operation expenses relating thereto. (5) Party A shall reform its billing systemset out in respective business service agreement, including a fee collection system with banks and relevant hardware and software. (6) Party A shall xxxx and collect fees on behalf of Party B. Party A shall have the right to examine the businesses of require Party B to ensure accuracy make advancement immediately. Before settlement of billing information. related delinquency, Party A shall provide have the right to subscribers clear invoice for any billing and billing statement if required by subscribers. (7) Party A shall, if conditions permit, provide suspend payment to Party B information relating to invalid subscribers of Monternet (the subscribers whose number has been cancelled, or whose mobile phone service has been suspended, or who has defaulted in agency fee payment) to enable Party B to undertake corresponding treatment for such subscribersthe agency business hereunder. (8) Both parties shall jointly undertake marketing 4.8 For other rights and promotion workobligations of Party A hereunder, refer to other provisions of this Agreement and relevant appendices.

Appears in 1 contract

Samples: Social Channel Agency Agreement (REDtone Asia Inc)

Party A’s Rights and Obligations. (1) 5.1 Party A shall permit be responsible for the product planning, making, market publicity and promotion of the Cooperation Business between the Parties. 5.2 Party A guarantees to comply with the relevant rules established by the communications operators cooperating with Party B; guarantees that the product contents as well as information sources and information contents of application services operated with the channel leased from Party B to use are healthy, lawful, timely and reliable; guarantees that information contents provided do not violate relevant state policies, laws and decrees or damage Party A’s SMS gateway to provide value-added SMS services to subscribers. interests. 5.3 Party A shall use the technical protocol standard and interface standard of SMS comprehensive information platform provided by Party B only for the development of the relevant applications of the business set forth herein. Without Party B’s written consent, Party A shall not use Party B’s business code, billing channel or business management interface network for any illegal publicity, group sending promotion or arrear self-consumption, unhealthy business, etc., outside the cooperation contents set forth herein. If any such problem is found, Party B has the right to adjust SMS service volume according to the capacity of its SMS center and, if such adjustment may affect Party B’s business, Party A shall inform Party B of such adjustment in timely manner. (2) Party A shall provide complete GSM communications system and ensure its stability and smoothness. Party B shall inform Party A of any breakdown found with the system terminate this Agreement and Party A shall resolve such problem promptly to prevent disruption of be liable for all the losses thus incurred by Party B’s operation.B. (3) 5.4 Party A shall make accessible designate special persons to provide technical support for Party B relevant technology agreement standards at the product declaration stage and interface standards relating to SMS gateway platform and technical files required for communications between trial operation stage of the parties so as to solve relevant problems encountered by Cooperation Business. 5.5 Party B on communicationswarrants that it has sufficient, complete and valid intellectual property right in and has obtained due authorization in respect of the Cooperation Business and Product hereunder, including, but not limited to, copyright, neighboring right, right of network dissemination, etc., and they are free of any right defect and do not infringe upon the other lawful interests of any third party or violate any law or regulation. (4) 5.6 Party A shall contribute ensure that the hardware product contents provided by Party A, including, without limitation, the text information, pictures, sounds, processes and software system required for SMS platform forms of product, will comply with the administration regulations of the state and bear operation expenses relating theretooperators and contain specific fee reminder and the business fee standard, etc. (5) Party A , shall reform its billing system, including a fee collection system with banks conform to the specifications and requirements of operators and relevant hardware and software. (6) Party A shall xxxx and collect fees on behalf of Party B. Party A shall have the right to examine the businesses of Party B to ensure accuracy of billing information. Party A shall provide to subscribers clear invoice for any billing and billing statement if required by subscribers. (7) Party A shall, if conditions permit, provide to Party B information relating to invalid subscribers of Monternet (the subscribers whose number has been cancelled, or whose mobile phone service has been suspended, or who has defaulted in fee payment) to enable Party B to undertake corresponding treatment for such subscribers. (8) Both parties shall jointly undertake marketing and promotion work.administration

Appears in 1 contract

Samples: Cooperation Agreement (SKY-MOBI LTD)

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Party A’s Rights and Obligations. (1) Party A shall permit allows Party B to use Party A’s SMS gateway to provide short-message value-added SMS services to subscribers. users via the short-message gateway of Party A. Party A has the right is entitled to adjust SMS service the short-message traffic volume according to the capacity of its SMS center and, if the short-message center. If such adjustment may affect shall impact on the business of Party B’s business, Party A shall inform promptly notify Party B of such adjustment in timely mannerthereof. (2) Party A shall provide complete comprehensive GSM communications system mobile communication system, and ensure its stability smooth and smoothnessstable information transmission. Upon the notification of Party B shall inform Party A of any breakdown found with the system and communication failure, Party A shall resolve such problem promptly settle the failure to prevent disruption avoid impairment of Party B’s operationbusiness. (3) Party A shall make accessible open the technical protocol, standard and interface standard relevant to the short-message gateway platform to Party B relevant technology agreement standards B. Party A shall provide the technical documentation for mutual communication, and interface standards relating to SMS gateway platform and technical files required for communications between the parties so as to solve relevant promptly address communication problems encountered by of Party B on communications.B. (4) Party A shall contribute supply the hardware and hardware/software system required for SMS platform the short-message platform, and bear the relevant operation expenses relating theretocost. (5) Party A shall reform renovate its own billing system, including a fee the commission-based collection system with banks of the banks, and relevant bear the cost of necessary hardware and software. (6) Party A shall xxxx undertake the billing and collect fees payment collection on behalf of Party B. Party A shall have is entitled to check the right to examine the businesses business of Party B to ensure accuracy of the accurate billing informationdata. Party A shall provide issue explicit information premium invoice to subscribers clear invoice for any billing users and billing statement if required by subscribersthe information premium xxxx at the request of the user. (7) When applicable, Party A shallshall provide the relevant data of Monternet invalid users (number canceling, if conditions permit, provide service discontinuance and overdue information premium) to Party B information relating to invalid subscribers of Monternet (the subscribers whose number has been cancelled, or whose mobile phone service has been suspended, or who has defaulted in fee payment) to enable facilitate Party B to undertake corresponding treatment for dispose of such subscribersinvalid Monternet users promptly. (8) Both The parties shall jointly undertake make joint marketing and promotion workpromotion.

Appears in 1 contract

Samples: Monternet Short Messaging Service Cooperation Agreement (Sohu Com Inc)

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