Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B. 2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing. 3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation. 4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network. 5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content. 6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement. 7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses. 8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations. 9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000. 10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A. 11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 2 contracts
Samples: Hosting Service Agreement (Sohu Com Inc), Hosting Service Agreement (Sohu Com Inc)
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy specify the business functions (including but not limited to regular freight forwarder, warehouse management and related loading and unloading, sorting, transportation of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service cargo, administration support and other functions, subject to the parties’ written agreement) to be outsourced to Party B.B directly in this Agreement or Appendices hereto, and provide clear instructions and requirements regarding each outsourced function to Party B. Party B will discretionally assign personnel to dedicate to each of such business functions. The assigned personnel must arrive at the places of work designated by Party A by the date agreed by the parties in Appendices or within fifteen (15) days after the execution of this Agreement. In the case of late arrival, an overdue fine will be charged at RMB [***] per day.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments responsible for workplace environment and production safety in accordance connection with the laws and works performed by Party B’s personnel in conformity with labor protection regulations executed by the government of the People’s Republic of ChinaChina (“PRC”), and shall provide the related proofs of the special application or special filing.requisite tools and equipment. For green hands, upon Party B’s request, Party A may provide support for trainings performed by Party B to such employees regarding safety and operating rules, and deliver relevant training materials and requirements to Party B. Party B must ensure that all employees assigned by it have been duly trained and qualified for providing services to Party A.
3. Party A’s information operation must conform to A is entitled for designing service specifications and evaluation method based on the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations needs of the People’s Republic of Chinaoutsourced work. Party B shall perform the outsourced service in accordance with this Agreement and such service specifications. Party A shall not engage in any illegal operation will evaluate Party B’s performance on a monthly basis by applying the evaluation method (See Appendices for the service specifications and shall be held liable for any legal liability induced by its information operationevaluation method).
4. The information server equipment placed Party A is entitled to require re-examination of medical fitness of the employees assigned by Party B on a selective basis. In case of any “unfit” result, Party A may require Party B to replace relevant employee in [***] days and pay the re-examination fee for the unfit employee. In such case, Party B must ensure full participation and timely completion of Party A’s assignments. Party A may require Party B to deliver copies of employment contracts and social insurance certificates and other relevant materials within [***] days after the date of this Agreement, and Party B and its employees shall cooperate. Party A is entitled to monitor the performance of Party B’s communication mechanical room employees and inform Party B’s field manager of any non-compliance with operating specifications, and Party B’s field manager shall meet all the technical interface indices correct non-compliance and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networkgive warning to relevant employee.
5. Party A shall is entitled to require replacement of any Party B’s employee within [***] days upon awareness of any of the following conducts committed by such employee:
(1) Failure to comply with operating specifications, which affects the normal performance of the outsourced work or the quality of such work, causing loss to Party A;
(2) Serious violation of regulations, duties and disciplinary rules pertaining to the administrative rules outsourced business functions;
(3) Failure to provide true and valid certificates of mechanical room medical fitness and identification, or provision of false certificates of medical fitness or identification;
(4) Hurl abuse at or physical attack on somebody at work place, In such cases, Party B must ensure full participation and timely completion of Party B and shall assure the safety of its information server equipment and information contentA’s assignments.
6. Party A shall pay for Party B’s performance of the fees to Party B outsourced service in accordance with the amount, due date, pricing criteria and method stipulated payment terms set forth in this Agreement.
7. Should Party A require shall keep strictly confidential all information, data and materials (including but not limited to, technical, financial and sales information, data and materials) as well as other communications in connection with Party B to provide services, such as reset of host computerB.
8. Upon Party B’s request, Party A shall may provide accurate contact telephone number labor protection articles to Party B for confirmationB.
9. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Upon Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment request, Party A may provide living conditions such as board and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in lodging to Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000employees.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 2 contracts
Samples: Outsourcing Agreement (CDP Holdings, LTD), Outsourcing Agreement (CDP Holdings, LTD)
Rights and Obligations of Party A. 12.1 Party A shall have the right to verify the telecommunication and information services operation permit, telecommunication value-added service license, business license and other licenses/permits as required for the businesses and services contemplated hereunder and the letter of credit, information sources, copyright certificate (authorization letter), bank account and other documents required for the normal operation of Party B.
2.2 Party A shall have the right to verify any business of Party B so long as involved hereunder. Party A is entitled to refuse to release the information as provided by Party B to the extent it does not comply with national laws, regulations and relevant policies, and/or goes against the public order and good customs of China, or contains any information that may be inappropriate in the judgment of Party A, and Party B shall indemnify Party A against or from any economic loss or bad effect on the goodwill of Party A arising from the provision of the above information. Party A will make an express reply or response to the business applications submitted by Party B within ten (10) days after the application documents are fully submitted.
2.3 Party A has the right to as appropriate require Party B to further provide relevant information in relation to this Agreement certifying the ownership or access right and IPR of Party B.
2.4 Party A has the right to formulate, and Party B shall comply with and implement, the management rules, appraisal terms as well as the customer service standards and documents regarding the game business, as the annexes to this Agreement, according to which Party A will conduct an appraisal on Party B, and, upon appraisal, any unsatisfactory performance of Party B will render Party A a duplicate copy discretion to terminate the cooperative business hereunder and up until the termination of this Agreement.
2.5 Party A shall have the right to limit the amount of the existing partners providing the same styled application services through its bottom-out and best-preferred system and reserve the right to dynamically adjust the amount of the various partners providing various game businesses, so as to promote the development of the game business, meanwhile maintaining market order and avoiding virulent and homogeneity competition.
2.6 Party A has the right to limit the transmission of overload flow of business license for Internet that may pose threat to network security or otherwise adjust from time to time the information service added value communication operation flow according to the system load; at the same time, Party A shall have the right to notify Party B to handle junk information or illegal attacks from Party B within a related proof fixed time limit, if Party B fails to do so as required or in a timely manner, Party A has the right to take appropriate actions to prevent the security accidents from further expanding; and in case of filing any emergency, Party A has the right to take appropriate actions to protect the legitimate rights and interests of non-operational Internet information service its customers without a notice to Party B.
2. Should 2.7 Party A plan has the right to provide electronic bulletin service, a special application or special filing shall be submitted to verify the relevant departments in accordance with the laws business and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number services provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, only the services as verified, tested and confirmed by Party B shall reserve A may be allowed to be provided to the right not to bear the obligation of providing services, such as reset of host computer customers of Party A. Party A shall be held liable have the right to bear all lossesconduct regular and irregular tests over the businesses and services provided by Party B, and also have the right to require Party B to rectify and improve the quality of the business and services that do not satisfy with the standards, or stop the business.
82.8 Party A reserves the right to deny the price offered by Party B or guide on the pricing according to the customer demand and the requirements of market order; Any information fee pricing that is self-determined by Party B but not accepted by Party A is invalid, and Party A has the right to stop the business and has the right to refuse to provide billing, charging and settlement services.
2.9 Party A shall have the right to take necessary actions in advance against Party B’s breach of this Agreement and his bad effects on the customers of Party A, so as to avoid any further loss and prevent the bad effects from enlarging.
2.10 If upon verification, it is discovered that the customer complaint and refund, including single and double refund are caused as a result of the fault of Party B, Party A may as required by the customers firstly refund the customers on behalf of Party B, and then have such refund deducted from the information settlement payable to Party B.
2.11 Party A shall provide the customer service number as the call number for the customer to make business enquiries and complaints. The customer service center of Party A will serve as the transit to finally confirm and allocate the game service-related problems, the customer service personnel of Party B or its customer service system shall be in position to assist Party A in analyzing and solving the business complaints and enquiries of the customers. Party A shall have the right to transfer any of the various customer enquiries and complaints that are not caused by the network communications breakdown of Party A to Party B for solving, and Party B shall deal with the complaints in an appropriate and prudent manner, and shall assume the liabilities arising therefrom, if any. Party A shall be fully held liable for any illegal operation leading to damage the customer enquiries and complaints that are caused as a result of the network communications breakdown of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.A.
9. Within 30 days of placing server in Party B’s mechanical room, 2.12 Party A shall process may conduct publicity and advertising work through the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, media to market its game business and attract more customers according to the telephone number is 00000000.
10business development. Party A shall xxxx provide Party B with relevant interface technology specifications and technical support to ensure that Party B can provide applications smoothly.
2.13 Party A is responsible for the phrase “Network bandwidth daily maintenance of the game platform, and shall be responsible for dealing with the technical breakdown caused as a result of Party A so as to ensure the normal operation of the application services provided by IDC Party B.
2.14 Party A shall be responsible for the customer data management such as the registration, log-in, authenticity, inspection, etc., and may feedback the relevant data to Party B in an appropriate form. As for the networking application, the connection between game service platform of Beijing Communication Company “ on Party A and the bottom content service system of Party B is achieved and the data in the game service system will be served as the final and conclusive evidence to confirm the use by the customers of the homepage game service of SOHU website. Furthermore, in pursuance Party B. Party A will take statistics of visits to the consultation between game services, and will provide Party B with the statistic results in an appropriate form.
2.15 Party A has the right to adjust the UI design of the WAP Portal, client side and WEB sites and the order of game business of Party B according to the business development of Party A.
2.16 The Parties may jointly conduct the market promotion and advertising work, and Party A shall have the right to require Party B to mark the brand of “China Mobile Game” and to obtain the prior approval from Party A. Without the prior approval or authorization of Party A, Party B shall not use in its advertising materials the logo of China Mobile, other brands or the customer service call 10086. If Party B uses the brand of “China Mobile Game” in marketing the game services or business that is beyond the approved marketing scope of Party A, adversely affecting the business of Party A, Party A shall promptly place may be entitled to deem it as an infringement, and also has the related advertisements right to require it to stop the use of such brand, and “logo” of Party B at distinct locations in accordance with hold it liable for any and all the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo liabilities and consequences, and render it legally liable for it if the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internetcircumstances are serious.
Appears in 2 contracts
Samples: Cooperative Agreement, Technical Service Contract (Kongzhong Corp)
Rights and Obligations of Party A. 12.1 Party A shall have the right to verify the telecommunication and information services operation permit, telecommunication value-added service license, business license and other licenses/permits as required for the businesses and services contemplated hereunder and the letter of credit, information sources, copyright certificate (authorization letter), bank account and other documents required for the normal operation of Party B.
2.2 Party A shall have the right to verify any business of Party B so long as involved hereunder. Party A is entitled to stop releasing the information as provided by Party B to the extent it does not comply with national laws, regulations and relevant policies, and/or goes against the public order and good customs of China, or contains any information that may be inappropriate in the judgment of Party A, and Party B shall indemnify Party A against or from any economic loss or bad effect on the goodwill of Party A arising from the provision of the above information. Party A will make an express reply or response to the business applications submitted by Party B within ten (10) days after the application documents are fully submitted.
2.3 Party A has the right to as appropriate require Party B to further provide relevant information in relation to this Agreement certifying the ownership or access right and IPR of Party B.
2.4 Party A has the right to formulate, and Party B shall comply with and implement, the management rules, appraisal terms as well as the customer service standards and documents regarding the game business, as the annexes to this Agreement, according to which Party A will conduct an appraisal on Party B, and, upon appraisal, any unsatisfactory performance of Party B will render Party A a discretion to terminate the cooperative business hereunder and up until the termination of this Agreement.
2.5 Party A shall have the right to limit the amount of the existing partners providing the same styled application services through its bottom-out and best-preferred system and reserve the right to dynamically adjust the amount of the various partners providing various game businesses, so as to promote the development of the game business, meanwhile maintaining market order and avoiding virulent and homogeneity competition.
2.6 Party A has the right to limit the transmission of overload flow of business that may pose threat to network security or otherwise adjust from time to time the information flow according to the system load; at the same time, Party A shall have the right to notify Party B to handle junk information or illegal attacks from Party B within a fixed time limit, if Party B fails to do so as required or in a timely manner, Party A has the right to take appropriate actions to prevent the security accidents from further expanding; and in case of any emergency, Party A has the right to take appropriate actions to protect the legitimate rights and interests of its customers without a notice to Party B.
2.7 Party A has the right to verify the business and services provided by Party B. Party A shall have the right to conduct regular and irregular tests over the businesses and services provided by Party B, and also have the right to require Party B to rectify and improve the quality of the business and services that do not satisfy with the standards, or stop the business.
2.8 Party A reserves the right to deny the price offered by Party B or guide on the pricing according to the customer demand and the requirements of market order; Any information fee pricing that is self-determined by Party B but not accepted by Party A is invalid, and Party A has the right to stop the business and has the right to refuse to provide billing, charging and settlement services.
2.9 Party A shall have the right to take necessary actions in advance against Party B’s breach of this Agreement and his bad effects on the customers of Party A, so as to avoid any further loss and prevent the bad effects from enlarging.
2.10 If upon verification, it is discovered that the customer complaint and refund, including single and double refund are caused as a result of the fault of Party B, Party A may as required by the customers firstly refund the customers on behalf of Party B, and then have such refund deducted from the information settlement payable to Party B.
2.11 Party A shall provide the customer service number as the call number for the customer to make business enquiries and complaints. The customer service center of Party A will serve as the transit to finally confirm and allocate the game service-related problems, the customer service personnel of Party B or its customer service system shall be in position to assist Party A in analyzing and solving the business complaints and enquiries of the customers. Party A shall provide a duplicate copy have the right to transfer any of business license for Internet information service added value communication operation or a related proof the various customer enquiries and complaints that are not caused by the network communications breakdown of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party Bsolving, and Party B shall reserve deal with the right not to bear complaints in an appropriate and prudent manner, and shall assume the obligation of providing servicesliabilities arising therefrom, such as reset of host computer of Party A. if any. Party A shall be held liable for the customer enquiries and complaints that are caused as a result of the network communications breakdown of Party A.
2.12 Party A may conduct publicity and advertising work through the media to bear all losses.
8market its game business and attract more customers according to the business development. Party A shall be fully liable provide Party B with relevant interface technology specifications and technical support to ensure that Party B can provide applications smoothly.
2.13 Party A is responsible for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost daily maintenance of the damaged equipment and hardwaregame platform, and shall not include be responsible for dealing with the relevant software, databanks, and technical breakdown caused as a result of Party A so as to ensure the similar configurations.normal operation of the application services provided by Party B.
9. Within 30 days of placing server in Party B’s mechanical room, 2.14 Party A shall process be responsible for the customer data management such as the registration, log-in, authenticity, inspection, etc., and may feedback the relevant filing procedure data to Party B in Beijing Computer Security Inspection Departmentan appropriate form. The contact As for the networking application, the connection between game service platform of Beijing Computer Security Inspection Department Party A and the content service system of Party B is Wang Qiachieved and the data in the game service system will be served as the final and conclusive evidence to confirm the use by the customers of the game service of Party B. Party A will take statistics of visits to the game services, and will provide Party B with the telephone number is 00000000statistic results in an appropriate form.
10. 2.15 Party A has the right to adjust the UI design of the WAP Portal, client side and WEB sites and the order of game business of Party B according to the business development of Party A.
2.16 The Parties may jointly conduct the market promotion and advertising work, and Party A shall xxxx have the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance right to the consultation between authorize Party B and to mxxx the brand of “China Mobile Game” under the prior approval from Party A. Without the prior approval or authorization of Party A, Party B shall not use in its advertising materials the logo of China Mobile, other brands or the customer service call 10086. If Party B uses the brand of “China Mobile Game” in marketing the game services or business that is beyond the approved marketing scope of Party A, adversely affecting the business of Party A, Party A shall promptly place may be entitled to deem it as an infringement, and also has the related advertisements right to require it to stop the use of such brand, and “logo” of Party B at distinct locations in accordance with hold it liable for any and all the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo liabilities and consequences, and render it legally liable for it if the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internetcircumstances are serious.
Appears in 2 contracts
Samples: Cooperative Agreement (Kongzhong Corp), Cooperative Agreement (Kongzhong Corp)
Rights and Obligations of Party A. 13.1 Party A uses Party B's POS terminal and Shangyingtong system, through the Shangyingtong system login account, password and operation USBKEY certificate provided by Party B, manages the cards issued by Party B's Shangyingtong system by itself, and uses Party B's POS terminal to realize the consumption and query of the cards issued on the POS terminal.
3.2 The card issued by Party A must comply with the relevant regulations of the people's Bank of China and other regulatory authorities. If the card issued by Party A does not comply with the relevant regulations, after verification, Party B has the right to refuse and stop Party A's operation on the Shangyingtong system, and Party A shall bear the losses caused thereby.
3.3 Party A shall issue the card in its own name and be responsible for the sales and promotion of the card. The issued cards can have functions. If the prepaid function is involved, Party A can only issue single purpose prepaid cards without obtaining the prepaid card issuance and acceptance payment business license. In case of any violation, Party B will immediately stop accepting all business demands of Party A according to relevant regulations, and Party A shall bear the losses caused thereby.
3.4 Party B shall provide Party A with relevant business functions of Shangyingtong system in accordance with the agreement. If Party A needs to add new business functions, it needs to sign a supplementary agreement for agreement, which has the same legal effect as this agreement.
3.5 Party A and the card manufacturer shall settle the card making fee settlement, card delivery, card after-sales service and other matters through negotiation by both parties, which has nothing to do with Party B. 3.6 Party A shall provide a duplicate copy Party A's business card printing requirements such as layout design, face value amount, validity period and number of business license card printing to the business card manufacturer signed by Party A in written and effective form; Party A shall sign an agreement with the business card manufacturer on the production safety and confidentiality of relevant cards, and Party A and the business card manufacturer shall be responsible for Internet information service added value communication operation or a any breach of contract, and the relevant responsibility shall not be related proof of filing of non-operational Internet information service to Party B.
2. Should 3.7 Party A plan to provide electronic bulletin serviceshall carry out card data generation, a special application card activation, locking, unlocking, extension of validity and other management operations on its own through the Shangyingtong system provided by Party B, and bear corresponding operational management risk responsibilities, and check card balance, download daily transaction details and monthly transaction summary statement through the system.
3.8 Party A shall properly keep, use, log in and operate the USBKEY certificate or special filing password. All operations with valid USBKEY certificate or password shall be submitted deemed as Party A's own behavior, and Party A shall bear corresponding responsibilities.
3.9 If Party A's normal operation is not affected due to the relevant departments closure, bankruptcy and other events, Party A shall bear the economic, legal and other related responsibilities to the customer.
3.10 When Party A's current business situation deteriorates and other factors affecting the continuous normal operation or external restrictions occur, Party A shall timely notify the cardholder customers who still have consumption balance to make consumption in accordance with a timely manner or directly handle refund to the laws and regulations of the People’s Republic of Chinacustomers, and shall provide not continue to apply for business card making or activate the related proofs of the special application or special filing.
3. already made business card to Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”B's Shangyingtong system, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation bear the economic, legal and shall be held liable for any legal liability induced by its information operationother related responsibilities to the customers.
4. The information server equipment placed by 3.11 When Party A in delivers the activated card sale to the customer for use, it means that Party B’s communication mechanical room shall meet all A promises to the technical interface indices and terminal communication technical standards of communication network customer to exchange corresponding goods or services within the validity period of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networkcard.
5. 3.12 Party A shall comply to consciously abide by the administrative laws, regulations and policies as well as the requirements of the regulatory authorities, formulate strict business rules of mechanical room of and operation procedures for the issued cards, and must bear all the economic and legal responsibilities arising therefrom. Party B is only responsible for providing the system platform and shall assure the safety of its information server equipment and information contenttechnical support.
6. 3.13 Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance fees according to the consultation between Party B and Party A, Party A shall promptly place standards specified in the related advertisements and “logo” contract form for the use of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to InternetShangyingtong system.
Appears in 1 contract
Samples: Agreement on the Use of Shangyingtong System (Jiana Science & Technology Co., Ltd.)
Rights and Obligations of Party A. 13.1 Party A shall be responsible for obtaining all government approvals, consents, permissions, authorization, declarations, filing and registration in relation to the Game, applying for the document approving the publication of the Game, and handling other relevant matters. Party A shall provide a duplicate copy have all qualifications required for the operation of business license the Game, which include but are not limited to the ICP license, the document approving the publication of the Game, and declaration for Internet information service added value communication operation or a related proof of the filing of non-operational Internet information service to Party B.
2online game products with the Ministry of Culture, and independently bear all losses resulting from any lack of such qualifications. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to warrants that the relevant departments software and name of the Game and works of game elements are in accordance compliance with the Chinese laws and regulations regulations, and do not infringe upon any copyright, Chinese patents or trademarks or other legitimate rights (including without limitation intellectual property rights) of any third party, that Party B’s use of the People’s Republic Game provided by Party A will not constitute any infringement upon any right of Chinaany third party, and shall provide that the related proofs Game does not carry any virus, Trojan, or other evil programs or codes. Where any third party requests Party B to undertake liability for infringement or other corresponding liabilities as a result of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations violation of any of the People’s Republic aforesaid warranties and undertakings, Party A shall bear corresponding liabilities determined in the judgment (verdict) rendered by relevant judicial or administrative authority or the reconciliation document.
3.2 Party A shall be responsible for the research, development, improvement, upgrade, technical maintenance and online management of Chinathe Game and version update and customer service in relation thereto. Party A shall not engage in a timely manner provide Party B with the upgraded and improved versions of the Game, undertake to notify Party B thereof in writing (including by email) within 5 working days prior to any illegal operation update of the Game version, and shall be held liable for any legal liability induced by its information operationprovide Party B with operational and technical support as agreed to.
4. The information server equipment placed by 3.3 Party A may not include in Party B’s communication mechanical room shall meet all the technical interface indices Game any content:
a) in violation of any fundamental principles determined by the constitution;
b) jeopardizing national unity, sovereignty and terminal communication technical standards territorial integrity;
c) leaking state secrets, endangering national security, or impairing national honor and interests;
d) inciting ethnic hatred and discrimination, undermining ethnic solidarity, or harming ethnic customs and habits;
e) publicizing evil cults or superstitions;
f) spreading rumors, disturbing social order or undermining the social stability;
g) propagating obscenity, pornography, gambling or violence or instigating crimes;
h) insulting or slandering others, or infringing upon others’ legitimate rights and interests;
i) in violation of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networksocial ethics; or
j) containing any other content prohibited by laws, administrative regulations or state provisions.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, 3.4 Party A shall provide accurate contact telephone number free of charge as provided for herein the Game and relevant documentation, including but not limited to: (i) game files and all kinds of source materials and data required for page building in the special area for joint operation; (ii) updates to Game versions, including bug fixes, supplementary content, system improvements, and etc.; (iii) source materials for making documents, pictures, videos and other files for publicity and promotion; (iv) other materials required for joint operation or promotion of the Game by both Parties.
3.5 Party A has the obligation to provide on a regular basis material objects or virtual items in support of relevant operation activities of Party B. The specific details thereof shall be subject to separate negotiation by and between both Parties.
3.6 Party A undertakes to treat its users and Party B’s users equally in all respects, including but not limited to activities, top-ups and services, and that it will not take the initiative to attract by any means, including without limitation special activities and making difficulties in services, Party B’s users to become Party A’s users.
3.7 Party A shall, in case of any top-up promotional activity, notify Party B for confirmationin writing 5 working days in advance. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation Unless otherwise notified in writing by Party B, Party B B’s users shall reserve be entitled to the right not to bear same preferential treatment enjoyed by Party A’s users in the obligation of providing servicestop-up activity.
3.8 Party A shall, such as reset of host computer upon receipt of Party A. B’s request for technical support, assistance and services in relation to the operation and functions of the Game, give a replay within 2 working days. Party A shall make reasonable efforts as soon as possible to clear any failure or vulnerability arising during the use of the Game.
3.9 Party A shall be held responsible for providing enough servers and sufficient bandwidth required for the operation of the Game in mainland China, and ensure the well functioning of hardware, smooth network, and the security of the software and hardware of the servers during the term hereof.
3.10 Party A shall be liable for regularly conducting upgrading and maintenance of the Game and providing relevant support services, and shall notify Party B 5 working days in advance of the time schedule for regular maintenance and support services; the time of shutdown shall be a fixed time at deep night. With respect to maintenance and support services caused by emergencies, Party B shall notify Party A in writing within one working day upon the completion thereof.
3.11 Any server consolidation by Party A shall be subject to written notice to Party B at least 15 working days in advance and written confirmation by Party B.
3.12 In respect of problems or security holes seriously affecting users’ experience which are caused by reasons other than the users’ own factors, upon notification by Party B, Party A shall give responses within 10 minutes (during working hours), and complete repair within a time limit no longer than 24 hours. With respect to non-security-related bugs or problems which do not obviously affect users’ experience, Party A shall reply within 24 hours to Party B’s repair plan, and conduct repair as planned (circumstances seriously affecting users’ experience include but are not limited to: 1. users are unable to access the Game; 2. users are unable to log on to the Game; 3. users are unable to experience the Game or play the Game as usual; 4. server failure occurs or users are unable to log on to and experience the Game prior to or after the prescribed starting of servers or activities; 5. other similar events).
3.13 Except for active downtime for maintenance on a regular basis, in case of the occurrence of service unavailability or any circumstance seriously affecting users’ experience (in which case Party A fails to conduct repair as provided for in Article 3.12 hereof) for the first time in a month, both Parties may conduct negotiation. Where the negotiation fails or such circumstances occur more than two times in a month, Party B may notify Party A in writing to terminate this contract, and Party A shall bear all losseslosses suffered by Party B as result thereof (including but not limited to complaints filed by, return of funds to or compensations to users or partners).
83.14 Party A shall be liable for not disclosing to any third party the ratio of profit distribution between and the revenues of both Parties, except for disclosure in cooperation with competent state authorities as required thereby ex officio or to intermediaries in accordance with the provisions of laws, regulations and normative documents or at the request of securities regulatory authorities.
3.15 Party A may not by any illegal means get any of Party B’s user data (including without limitation users’ real name, ID card number, credit card, address, landline telephone, mobile number, email, or other identity information). Where Party A has got any of Party B’s user data as a result of handling any account stealing problems, Party A shall strictly comply with its confidentiality obligations, and may not by any means leak or use such user data. Party A shall be fully liable responsible for handling any complaint, dispute, lawsuit or claim filed by any third party arising from Party A’s illegal operation leading to damage access, leakage or use of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardwareuser data, and shall not include the relevant software, databanks, compensating users and the similar configurationsParty B for all losses incurred as a result thereof.
9. Within 30 days of placing server in 3.16 Party A may not bind any Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between client it provides for Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. any other software; otherwise Party B shall inform Party A at least 5 days in advance. The dimension of logo and have the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection right to Internetterminate cooperation.
Appears in 1 contract
Samples: Joint Game Operation Agreement (JUMP WORLD HOLDINGS LTD)
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy owns the full property rights of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to the standard factory and its auxiliary facilities and equipment leased by Party B.
2. Should Party A plan or the property management company authorized by Party A has the right to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws carry out normal business management and regulations inspections of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.standard factory leased by Party B.
3. In the event of emergencies such as dangers, gas leaks, water leaks, or heating issues in the standard factory and its auxiliary facilities and equipment, Party A’s information operation must conform A may authorize a third party to enter the “Administrative Procedure standard factory for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations emergency repairs without the consent of the People’s Republic of ChinaParty B. The costs incurred shall be borne entirely by Party B.
4. Party A shall not engage assist administrative and public management departments at all levels in supervising, educating, and rectifying any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed violations of regulations committed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.B.
5. Upon the expiration of the lease term, if Party B fails to renew the lease in a timely manner and does not return the standard factory as scheduled, Party A shall comply has the unconditional right to reclaim the administrative rules of mechanical room of premises, and Party B and shall assure the safety of its information server equipment and information contentbear all resulting losses.
6. Party A shall pay the fees to address complaints raised by Party B in accordance with regarding any issues related to the amountuse of the standard factory and perform maintenance, due daterepair, service, and method stipulated in this Agreementmanagement tasks concerning safety, public order, and other relevant matters.
7. Should Party A require shall prohibit any actions by Party B that violate the standard factory management regulations established by Party A or the property management company entrusted by Party A, as well as the “Property Use Rules.”
8. If Party B damages the main structure, infrastructure, or auxiliary facilities and equipment of the standard factory without Party A’s written consent, or engages in illegal construction, unauthorized connections to provide servicespower, such as reset of host computerwater, heating, or any other pipelines within the standard factory area, Party A shall provide accurate contact telephone number has the right to issue a written notice to Party B for confirmationrectification and deduct Party B’s lease deposit accordingly. Should If Party B refuses to rectify the telephone number provided by situation, fails to timely replenish the deducted lease deposit, or violates the terms of the contract, Party A be inaccurate or notification of telephone number change be delayed leading has the right to failure of confirmation by Party B, unilaterally terminate the contract. Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losseslosses resulting therefrom.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Rights and Obligations of Party A. 14.1 Party A promises to strictly abide by relevant regulations and administrative rules and regulations such as the administrative measures for Internet information service, the administrative measures for the security protection of computer information network and the administrative provisions for Internet electronic announcement service, and shall not use the services provided by Party B to engage in activities that endanger national security, disclose state secrets, violate laws and commit crimes, or hinder social order. If Party A violates the provisions of the above national laws and regulations, Party A shall be responsible for all the consequences.
4.2 If Party A engages in business Internet information services, it shall strictly follow the provisions of the management measures for business Internet filing. Party A promises and confirms that all the filing information submitted is true and effective. When the filing information provided is changed, it shall provide timely submit the updated information to the filing system. If the filing information is inaccurate due to the failure to update in time and Party A fails to correct it within a duplicate copy reasonable period after Party B’s notice, Party B has the right to take such closing measures as stopping the provision of business license for Internet information service added value communication operation or a related proof custody services and disconnecting network access according to law.
4.3 Party A shall submit the original of filing of non-operational Internet information service the above qualification certificates and materials to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments B for review in accordance with this Agreement and the laws and regulations of the People’s Republic of Chinaattachment, and shall provide submit the related proofs of the special application or special filing.
3. copies (with Party A’s information operation must conform official seal or special seal for contract) for Party B’s retention. Party A guarantees that the documents and materials provided are true, legal, effective and complete.
4.4 If Party A needs to the “Administrative Procedure for Internet Information Service”make business changes, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations it shall submit an application 15 days in advance. If Party A requests to terminate part or all of the People’s Republic services in advance, it shall notify Party B in writing 30 days in advance. This Agreement shall be terminated upon the expiration of China. the termination time specified in the written notice and Party A shall not engage in bear any illegal operation and responsibility. Both parties agree that if Party A increases or decreases the amount of resource rent during the validity of the contract, it shall be held liable negotiated and confirmed in writing by both parties, which shall be used as the basis for any legal liability induced by its information operationcharging the amount of resource rent and no supplementary agreement shall be signed.
4. The information server equipment placed 4.5 Party A has the right to use the IP address assigned by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. B. If Party A shall comply to no longer uses the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number hosting service provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear use the obligation of providing services, such as reset of host computer of relevant IP address shall be taken back by Party A. B. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of not unilaterally change the IP address assigned by Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include conduct acts that maliciously affect the relevant softwarenetwork operation, databanks, and including but not limited to modifying the similar configurationsrouting table using static ARP.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Samples: Cloud Computing Technical Services Cooperation Agreement (Xiao-I Corp)
Rights and Obligations of Party A. 1(I) Party A shall have the ownership of the Premises and the right to use the corresponding land, and be able to provide relevant valid legal documents to prove such fact (as detailed in Annex III hereto);
(II) Party A shall have the right to use the common parts (including roof and exterior walls) of the property where the Premises are located, and grant Party B the right to set up advertising signs and three-dimensional lighting schemes at reasonable positions free of charge in order to indicate Party B’s corporate name, LOGO and other information, but the specific positions shall be subject to the written consent of Party A.
(III) Party A shall ensure that the Premises come with full and sole title, are free from any dispute over title, do not belong to an illegal building, and do comply with mandatory engineering construction standards in terms of safety and disaster prevention, and that Party A has not altered the use of the Premises nor has it been subject to other circumstances where the leasing of the Premises is prohibited by laws and regulations (such as attachment or leasing not authorized by the mortgagee).
(IV) Within thirty (30) days upon signature of this Housing Lease Contract, Party A shall handle the housing lease filing procedure at the competent department of the people’s government in the place where the Premises are located and shall pay the stamp duty, registration fee and other fees payable at the time of filing and registration.
(V) Before the Premises are put into use in 2017 (the specific time when Party B starts using the Premises shall be subject to the confirmation letter between the Parties), Party A shall complete the secondary fire control application and fire engineering construction approval procedures of the leasehold (floors 2-10), and the progress of the fire engineering construction shall not affect the progress of Party B’s decoration construction works. The time of completing the secondary fire control application and fire engineering construction approval of the leasehold (first floor) shall be determined according to the lease agreement between the Parties with respect to the leasehold (first floor) as well as Party B’s decoration construction plan for the leasehold (first floor).
(VI) Party A shall provide relevant public utility facilities and equipment (fire control, water and electricity) according to the requirements of competent governmental departments, and shall furnish a duplicate copy primary fire control acceptance certificate (as detailed in Annex IV).Party A shall unconditionally satisfy the actual office electricity demand of business license Party B with an electric capacity of 850KW; Party A shall satisfy the electricity demand of Party B to use the air conditioning during 8:00am — 8:00pm in winter and 8:00am — 8:30pm in summer. The heating air conditioning shall be started when the room temperature reaches 14° in winter, and the cooling air conditioning shall be started when the room temperature reaches 24° in summer. Cooling capacity of air conditioning: 2,572KW, and the unit load at the end outlet shall be no less than 230W per square meter.
(VII) In case of any quality problem in the infrastructure of the leasehold, Party A must present a rectification plan within 3 days upon receipt of a letter of notice from Party B and complete the rectification as soon as possible at its own expense. The rectification shall not affect the normal operation of Party B, otherwise Party A shall be liable for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service the losses thus caused to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. (VIII) Party A shall not engage in any illegal operation and shall be held liable responsible for any legal liability induced by its information operationthe environmental sanitation of the common areas during the lease term.
4. The information server equipment placed (IX) If Party A creates any mortgage over the agreed leasehold before entering into this Contract, such mortgage shall not affect any right of Party B; if such mortgage created by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require causes Party B to provide services, such as reset of host computerstop operation, Party A shall provide accurate contact telephone number to compensate for the losses suffered by Party B for confirmation. Should according to the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost aggregate average daily wage (actually paid wage) of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” office staff of Party B at distinct locations in accordance with located within the requests Premises within one month prior to the cease of operation, on a daily basis during the period from the date of cease of operation of Party B. Party B shall inform Party A at least 5 days in advance. The dimension to the date of logo and the textual length must meet the website requirement resumption of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internetoperation.
Appears in 1 contract
Samples: Lease (YX Asset Recovery LTD)
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy technical services and technical support for Advertiser bidding activities on the advertising management interface operated by it, and shall be entitled to determine the Advertisers for the publication of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.advertisements, and shall notify the Advertisers about the bidding results.
2. Should Party A plan to provide electronic bulletin serviceis responsible for the improvement, a special application or special filing shall be submitted to the relevant departments in accordance with the laws upgrade and regulations technical maintenance of the People’s Republic of China, advertising management interface to ensure the stability and shall provide the related proofs continuity of the special application or special filingadvertising management interface.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation utilize its team for the acquisition, management and shall be held liable for any legal liability induced by its information operationretention of Advertisers.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices is entitled to set or adjust its advertising standards including advertising price and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networkdelivery method, on a quarterly basis according to market conditions.
5. Party A shall comply review the advertising materials submitted by Advertisers, in accordance with this Agreement and relevant laws and regulations, provided that the review responsibility of Party A are limited to the administrative rules aspects as follows:
1) For the advertisements, Party A shall perform the formality examination of mechanical room the legality of advertising contents in accordance with the Advertising Law of the People’s Republic of China and other relevant laws;
2) For the links, Party B A shall only perform the technical examination of whether the link address is compatible with mobile terminal devices including mobile phones and shall assure tablet computers and can be opened quickly and successfully. Party A is not responsible for reviewing the safety contents of its information server equipment and information contentthe webpage to which the address is linked.
6. Party A shall pay review the fees advertising materials submitted by Advertisers. If Party B receives any third-party claim or punishment by governmental authorities due to the advertising materials submitted by Advertisers, Party A shall assist Party B in accordance with making a claim against the amount, due date, and method stipulated in this AgreementAdvertisers for compensation.
7. Should Party A require shall organize Advertiser bidding activities and release data according to the inventory of the next period as reported by Party B B, whereas Party A does not undertake that the inventory filling rate will be 100% for each period. If no publication is made in a period due to provide services, such as reset the failure of host computerinventory bidding or the cancellation of data promotion agreements of Advertiser after winning the bid, Party A shall provide accurate contact telephone number to not bear any responsiblity, but shall notify Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party Bimmediately, so that Party B shall reserve will be able to make other arrangements of the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all lossesinventory.
8. Party A shall be fully liable is responsible for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by collecting the repurchase cost back-end data of the damaged equipment Ad Network Platform for the publication of advertisements in relation to the Ad Network Cooperation, and hardware, has the discretion to the provision of the back-end data of the Ad Network Platform to Party B from time to time. Party B agrees to use the back-end data of the Ad Network Platform only for the purpose of this Agreement and shall not include disclose the relevant software, databanks, and the similar configurationsdata to any third party.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process periodically settle the relevant filing procedure fees incurred in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, the current period with Party B according to the agreed settlement period and the telephone number is 00000000sharing ratio.
10. The advertising data recorded by the Ad Network Media of Party B for an entire calendar month will be compared with the settlement data recorded in the system of Party A. If the advertising data discrepancy is less than 10% (inclusive) and the click/ unique visitor (UV) data discrepancy is less than 30% (inclusive), the Party A’s data shall prevail. If the discrepancy exceeds the range aforementioned, Party B is entitled to submit a written objection to Party A within 5 business days following the end of that settlement period, and Party A shall xxxx provide relevant information to assist with the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on investigation within 10 business days following the bottom receipt of the homepage of SOHU websiteobjection, and the parties shall negotiate to confirm the statistical data. Furthermore, in pursuance to If no mutual agreement is reached through the consultation between Party B and Party A, joint investigation within 60 days following the receipt by Party A of the objection, the dispute shall promptly place the related advertisements and “logo” of Party B at distinct locations be solved in accordance with the requests dispute resolution method as agreed in this Agreement. If Party B fails to submit a written objection within 5 business days following the end of the settlement period, Party A’s data shall prevail.
11. Treatment of fraudulent data: Party B must warrant the authenticity of the data recorded and shall not fabricate data or record fraudulent data by improper means. If fraudulent data recorded by Party B is identified by Party A at any time, Party A is entitled to immediately cancel the Ad Network membership of Party B. B, cease the settlement of or reduce all Advertising Revenue Sharing (including those that shall be settled but have not been settled), and reserves the right to further investigate Party B’s legal responsibility, and Party A shall notify Party B through the mailbox or internal message on the Ad Network Platform. If Party A has paid Party B the fees involving fraudulent data, in addition to requiring Party B to return the corresponding fees, Party A may also hold Party B liable for the breach of Agreement as stipulated hereunder. For the fraudulent data of which Party A has evidences, Party B shall inform pay Party A at least 5 days in advancethe liquidated damages which is equal to twice the costs incurred. The dimension data can be deemed as fraudulent data as long as there is proof evidencing Party B’s record of logo and data to be fraudulent during or after the textual length must meet completion of the website requirement calculation of valid data by Party A.
11. A. Even if Party B disagrees, Party A promises that is entitled to withhold the exclusive line provided by Party B shall only be used for hosting server maintenance payment of the fees involving fraudulent data, and data update and shall not be used for connection to Internetsuspend the payment of the promotion fees incurred, until the dispute is resolved according to the dispute resolution procedure as agreed in Article 12 hereof.
Appears in 1 contract
Samples: Ad Network Distribution Agreement (CooTek(Cayman)Inc.)
Rights and Obligations of Party A. 1. 7.1 Party A guarantees its genuine proprietorship of the property and use of land where such property stands.
7.2 Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service two parking lots to Party B.B free of charge in the term of this supplement contract.
2. Should 7.3 Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of property to Party B as regulated in Article 4 and guarantee the special application or special filingproperty up to the safe code and suitable for office use.
3. Party A’s information operation must conform to 7.4 During the “Administrative Procedure for Internet Information Service”lease term, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation supply the right of use of the public area and facilities of Floor 10, New Creativity Mansion to Party B free of charge. Any reconstruction plan Party B intends to conduct at its own cost to the public areas shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed approved by Party A in written form. Party B’s communication mechanical room B shall meet all restore the technical interface indices fitment and terminal communication technical standards facilities of communication network of pubic areas to its original conditions before moving out from the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networkleasehold.
5. Party A shall comply to the administrative rules of mechanical room of 7.5 When Party B transacts various applications and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computerregistrations, Party A shall provide accurate contact telephone number relevant drawings, materials and all necessary cooperation. Party B shall be responsible for such application and registration procedures at its own cost.
7.6 Party A shall have the right with consent given by Party B in advance to enter into the leasehold to inspect its structure. In the valid period of this supplement contract, a written inform shall be delivered to Party B for confirmation. Should the telephone number provided by to Party A be inaccurate or notification of telephone number change be delayed leading for any intended maintenance engineering to failure of confirmation by Party Bthe leasehold’s structure. In such case, Party B shall reserve provide cooperation without justifiable reason and Party A shall give certain deduction or exemption of the right not rent based on to bear the obligation of providing services, such as reset of host computer what degrees its construction has influenced operation of Party A. B.
7.7 During the lease term, Party A shall inform Party B in written form of its intention to transfer the leasehold three months in advance and Party B shall respond expressly to such intention of transfer within ten days since its receipt, or otherwise, it shall be considered to give up its preemption. Any change of leasehold’s proprietorship dose not affect this lease by Party B. Party A guarantees to make the transferee familiar with rights and obligations of both parties under this supplement contract. The transferee shall be entitled to all rights and obligations of original lessor since such transfer takes effective.
7.8 During the lease term, Party A shall offer any necessary cooperation in case that Party B or its affiliated enterprises that are actually using this leasehold are required to register to the administrations for commerce and industry or the taxation bureau or to apply for other relevant license or documents.
7.9 Party A shall be held liable responsible for maintenance and repair of main structure, wall, drainage facility, pipe, wires and etc. and guaranty normal supply of water and electricity supply except force majeure and other factors not caused by Party A.
7.10 After the fitment project is completed, Party A shall assist Party B to bear all lossespass the fire fighting inspection and others required by the government.
8. 7.11 Party A shall be fully liable responsible for any illegal operation leading all the losses of building and its lessees and personal or assets safety due to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurationsits own fault.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Samples: Lease Contract (Sina Corp)
Rights and Obligations of Party A. 1. Party A, as the communication channel operator of value added voice service, shall exercise its rights and obligations in accordance with Monternet SP Cooperation and Management Measures.
2. Party A shall allow Party B to connect its network to provide Users with value added voice service. Party A may adjust voice traffic from time to time in line with the network capacity and, if such adjustment will affect business of Party B, give a timely prior notice to Party B.
3. Party A shall provide Party B with an IVR access number of 1259056 and relevant network interface, and ensure stability of the use of said number. The service period of the number shall coincide with the term of this Agreement. If Party A withdraws the number before expiration thereof, a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service one month written notice shall be given to Party B.
2. Should B, and Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations cease use of the Peoplenumber three months after receiving written acknowledgement of Party B. If the number is withdrawn or adjusted according to government’s Republic of Chinarequirement, and shall provide it will be ceased or adjusted on the related proofs of the special application or special filing.date notified by Party A.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China4. Party A shall not engage in any illegal be responsible for the construction and operation of a complete GSM mobile communication system and shall be held liable for any legal liability induced by its ensure stable and smooth information operation.
4transmission. The information server equipment placed by If Party B notifies Party A in of any unsmooth communication detected, Party B’s communication mechanical room A shall meet all promptly solve such problem to prevent any adverse effect on the technical interface indices and terminal communication technical standards business of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.Party B.
5. Party A shall comply open to Party B relevant technical protocol and interface standards of its network. Party A shall provide Party B with technical documents necessary for performance of the administrative rules of mechanical room Parties and promptly solve any problem of Party B and shall assure the safety of its information server equipment and information contentin communication.
6. Party A shall pay be responsible for providing software and hardware systems necessary for its network and assume the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreementcorresponding operating cost.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all lossesresponsible for improving its own billing system when necessary at its own cost.
8. Party A shall provide billing and collection agency service to Party B. Party A shall be fully liable responsible for any illegal operation leading to damage inspecting business status of Party B’s equipment, ensuring accuracy of billing information and transmitting bills of Users to Party B promptly. The compensation Party A shall be limited by provide Users with clear IVR fee receipts and provide the repurchase cost information fee bills of Users at the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurationsrequest of Users.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process shall, upon expiration of each fee payment period, provide Party B with relevant data of the relevant filing procedure in Beijing Computer Security Inspection Department. The contact Users defaulting payment of Beijing Computer Security Inspection Department is Wang Qiinformation service fee, and the telephone number is 00000000so as to enable Party B to take actions against such Users accordingly.
10. Party A shall xxxx manage the phrase “Network bandwidth business forms, contents and promotion methods provided by IDC of Beijing Communication Company “ Party B, and formulate relevant methods and rules on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.management.
11. Party A promises that the exclusive line provided by is entitled to punish Party B shall only be used for hosting server maintenance its violation of provisions on business forms, contents and data update promotional methods. See Monternet SP Cooperation and shall not be used Management Measures of Party A for connection to Internetrelevant provisions.
Appears in 1 contract
Rights and Obligations of Party A. 1. 3.1 Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other abide by relevant laws and regulations and management norms such as "Global Digital Cybersecurity Authority CO., LTD. - Certification Practice Statement (CPS) " in terms of business and management.
3.2 Party A must strictly and completely perform the real-name identity verification of the People’s Republic of Chinadigital certificate applicant. Party A is obliged to provide Party B with photos, videos, logs, evidence and other materials during the real-name identity verification process of the certificate user, and shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operationuse customer privacy or trade secrets.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. 3.3 Party A shall comply inform the user that the certificate application information and certificate applicant's identity information provided to the administrative rules of mechanical room of Party B must be obtained through normal, legal and shall assure in line with the safety of its information server equipment applicant's true wishes, and information contentmust be clear, true and valid.
63.4 Party A is obliged to ensure that the certificate applicant has known and agreed before applying for the certificate “Guangdong-Hong Kong Cross-border Electronic Transaction GDCA Digital Certificate User Agreement”, and to add the process of "I voluntarily apply for a personal digital certificate issued by a digital certificate certification authority through GDCA" to ensure the applicant's willingness to apply for a digital certificate.
3.5 Party A is obliged to provide relevant data for clearly identifying the user's identity when initiating a certificate request to Party B, and use its own digital certificate to sign the certificate issuance request information sent. When necessary, Party A shall pay cooperate with providing audit records in accordance with legal provisions, proving that the fees certificate application information and certificate applicant's identity information provided by the end user to Party B must be obtained through normal, legal and in line with the applicant's wishes, and Clear, authentic and effective.
3.6 Party A must accept Party B's supervision and assessment of the safety and standardization of the business.
3.7 Party A must provide the audited information and materials to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset requirements of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, and Party B shall reserve will serve as the right not to bear basis for making the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all lossescertificate.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between 3.8 When Party B and Party A, Party A shall promptly place revokes the related advertisements and “logo” of Party B at distinct locations user's digital certificate in accordance with the requests law, Party A is obliged to notify the certificate user and relevant relying parties in a timely manner.
3.9 When necessary, Party A is obliged to ensure that users make rectifications in accordance with Party B's business compliance requirements, including changes in business rules, transformation and upgrade of business systems, etc., until compliance requirements are fully met.
3.10 Party A could be requiring Party B to conduct comprehensive and systematic business training for relevant personnel of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection according to Internetbusiness requirements.
Appears in 1 contract
Rights and Obligations of Party A. (1) Within the term of this contract, with the prior written consent of Party A, the property management company shall have the right to adjust the management fee of the premises and properties in response to the changes in the actual operating costs of the building.
(2) Party A’s demand or late fee from Party B under this contract shall not impair or affect Party A’s exercise of any other rights and remedies hereunder (including the right to recover the premises).
(3) The acceptance by Party A and the property company of Party B’s rent, property management fee, overtime air conditioning fee or other fees shall not be deemed as a waiver by Party A and the property company of their right to hold Party B liable for any breach of any provision of this contract that Party B shall abide by and perform.
(4) If Party A forgives Party B one or more times for any breach of any of its liabilities hereunder, it shall not constitute the basis for Party A to waive its right to pursue any sustained or future violation against Party B, or in any way impair or affect Party A’s right and remedy to pursue any sustained or future violation against Party B. Nothing done or not done by Party A shall constitute a waiver of Party A’s breach against Party B unless Party A expressly waives such waiver in writing.
(5) Party A shall have the right to inspect the premises with any prospective tenant or relevant person within all reasonable time within three months before the end of the contract term or the early termination.
(6) Party A reserves the right to name the building, and Party A shall have the right to change the name of the building from time to time without making any compensation to Party B or any other person after giving Party B not less than one month’s notice.
(7) Party A reserves at any time during the term of the contract, without the consent of Party B, the modification, repair, and temporary closure of the common part of the building or any part thereof including walkways, portals, windows, electric installations, cables, water channels, etc. Gas pipes, elevators, automatic staircases, fire prevention, security equipment, air conditioning equipment and other rights, but also reserves the right to replace the building’s general structure, layout and arrangements.
(8) Party A reserves the right from time to time to formulate, introduce, modify, adopt or abolish any management rules and regulations it deems necessary to operate and maintain the building as a first-class comprehensive building.
(9) During the term of this contract, Party A shall pay to the relevant government authorities all taxes payable by Party A in accordance with laws and regulations in connection with the lease of the premises.
(10) During the term of the contract, Party A shall keep the public places and facilities of the building (including roof, main structure, wall, main water pipe passage, main cable and wire, elevator, automatic stairs, anti-pollution and security equipment, and air conditioning facilities) in a clean and good condition.
(11) The supply time of air conditioning service of the building at the time of signing this contract is shown in attached table 6. Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees air conditioning services to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset far as possible after receiving reasonable notice of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided air conditioning services required by Party B shall only be used for hosting server maintenance outside the air conditioning service hours and data update and shall not be used for connection to Internet.the corresponding fees paid by Party B.
Appears in 1 contract
Samples: Housing Rental & Commercial Housing Pre Lease Contract (Jufeel International Group)
Rights and Obligations of Party A. 1. 2.1 Party A shall provide a duplicate copy perform the obligations and exercise the rights as the operator of business license for Internet information service IVR value-added value communication operation or a related proof of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin servicebusiness, a special application or special filing shall be submitted to the relevant departments in accordance strictly compliance with the laws and regulations Cooperative Management Rules of the People’s Republic of China, and shall provide the related proofs of the special application or special filingMonternet SP.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. 2.2 Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require allow Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should IVR valued services through the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer network of Party A. Party A shall be held liable have the right to bear all losses.timely adjust the voice traffic according to the network capacity, if such adjustment may possibly impact the normal businesses of Party B, Party A shall timely inform Party B.
82.3 Party shall provide to Party B the appropriate access number of IVR (1259056) (Enterprise code: 501005) and the relevant network interface. Party A shall ensure the stability of this access number. The period during which Party B is entitled to use the access number shall be fully liable as long as the valid period of this Agreement. In case of any prior termination of this Agreement, the use period for any illegal operation leading to damage this access number shall expire accordingly. If during the use period of Party B’s equipment. The compensation , Party A desires to withdraw the access number, it shall be limited by notify Party B in advance, and Party A is entitled to withdraw the repurchase cost access number until the expiration of a period of three (3) months as from the damaged equipment day when Party B receives the notice of Party A. If it is necessary to withdraw or adjust the access number due to governmental reasons, then the access number is terminated and hardwareadjusted upon the expiration of termination/adjustment-themed notice period of Party A.
2.4 Party A is responsible for building and operating the GSM mobile communications system, and shall ensure the stability and smoothness of communication transmission. If Party B discovers that the communication flow is not include the relevant software, databanks, smooth and the similar configurations.
9. Within 30 days then notifies Party A of placing server in Party B’s mechanical roomthat, Party A shall process be responsible for timely resolving it so as not to impact the normal operation of the business of Party B.
2.5 Party A shall be responsible for releasing to Party B the relevant filing procedure in Beijing Computer Security Inspection Department. The contact technical protocol standards and interface standards of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10its network. Party A shall xxxx provide any and all the phrase “Network bandwidth provided technical documentations required for or necessary to the performance of this Agreement by IDC the Parties, and shall timely resolve the relevant difficulties encountered by Party B in terms of Beijing Communication Company “ on information telecommunications.
2.6 Party A shall be responsible for making available all the bottom software/hardware systems required for the normal operation of the homepage network of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, shall assume the operating expenses incurred thereby.
2.7 Party A shall promptly place be responsible for the related advertisements improvement of the billing systems, and “logo” assume the operating expenses incurred thereby.
2.8 Party A shall provide to Party B the relevant billing and charging services. Party A has the right to verify the business conditions of Party B at distinct locations in accordance with so as to ensure the requests accuracy of the billing information and shall timely feedback the billing statements of the customers to Party B. Party B A shall inform issue clear invoices for the provision of IVR services, and shall provide the billing statements for the information fee, as requested by the customers.
2.9 Party A at least 5 days in advance. The dimension shall, upon the expiration of logo and each payment period provide to Party B the textual length must meet relevant data concerning the website requirement list of customers who owe the information fee, so as to enable Party A.B to take appropriate actions against such customers.
11. 2.10 Party A promises that the exclusive line provided by shall monitor Party B shall only be used for hosting server maintenance in terms of its business form, business content and data update advertising methods, and shall not be used for connection formulate relevant management rules and regulations.
2.11 In the case of any violation of the foregoing, Party A has the right to Internetimpose penalties upon Party B. For more detailed rules, please refer to Management Rules of Monternet SP Cooperation.
Appears in 1 contract
Rights and Obligations of Party A. 15.1 Party A and its campers shall provide valid communication and contact information to Party B, shall keep the communication channels open 24 hours during the event period, and shall promptly inform Party B of any changes to the contact information.
5.2 During the event period, given longer duration and heavy physical activity level, Party A shall fully communicate with the parents of the campers to ensure that the physical conditions of the campers are suitable for this event. Should Party A’s campers have physical conditions that are unsuitable for this event, such as diabetes, asthma, heart disease, epilepsy, allergies, infectious diseases, motion sickness, mental illness, disability, or have special conditions that are unsuitable for the event, Party A shall truly inform Party B before the event, and Party B shall decide whether to accept Party A’s campers or not based on the actual situation. Party A shall provide a duplicate copy be solely liable for any physical health problems caused to the campers as Party A fails to truly inform Party B of business license for Internet information service added value communication operation or a related proof conceal the physical and health conditions of filing the campers. If Party B is aware of non-operational Internet information service such facts, Party B reserves the right to immediately terminate the activities of Party A’s campers in questions, and all resulting consequences shall be on the account of Party A and its campers. Example Camp in the Future || Let Chinese Children Become the World
5.3 During the event period, if Party A’s campers have physical discomfort or physical conditions that they cannot normally participate in the activities, Party B shall take appropriate actions in time, and Party A and its campers in questions shall submit to Party B.
2B’s arrangement, seek medical attention promptly and follow medical advice, and take appropriate measures. Should Party A plan and its campers shall cooperate with Party B’s work, and if necessary, Party A shall receive its returned campers at the airport or train station of departure.
5.4 Party A’s campers shall submit to provide electronic bulletin serviceParty B’s management, a special application or special filing shall be submitted to the relevant departments in accordance comply with the laws and regulations, obey the regulations and requirements of the People’s Republic of Chinalocal visit and sightseeing venues, and shall provide not leave the related proofs of the special application or special filing.
3camp without permission, nor shall follow non-designated event routes without permission. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A campers shall be fully liable for any illegal operation leading accidental damages caused by their leaving the team or going to damage the field or other places without permission or prior consent of the staff. Party B shall not be jointly and severally liable for such damages, but will assist Party A and its campers to conduct the insurance matters. In addition, Party B reserves the right to cancel the qualification of Party A’s disciplinary members to participate in the event.
5.5 Party A undertakes to entrust Party B with responsibility for arrangement and safety management of Party A’s campers during the event period, and will not entrust a third party to do so. In order to guarantee effect of the event, Party A’s campers shall not accept visits from relatives and friends without Party B’s equipment. The compensation permission during the event period.
5.6 Should Party A’s campers intentionally or negligently cause personal or property losses to others, Party A’s campers shall be limited by the repurchase cost of the damaged equipment and hardware, liable for damages. Party A’s campers shall properly keep their carry-on luggage and shall be solely liable for any lost luggage that has not include the relevant software, databanks, and the similar configurationsbeen entrusted to Party B for custody.
9. Within 30 days of placing server in 5.7 If Party B’s mechanical roomA dispatches personnel or teachers to accompany the event throughout the process, Party A shall process be expected to provide the relevant filing procedure in Beijing Computer Security Inspection Departmentinformation and pay the board and lodging expenses for such personnel and teachers 7 days before commencement of the camp event. The contact Party A’s personnel and teachers shall be responsible for organizing disciplines of Beijing Computer Security Inspection Department is Wang Qithe students, and shall cooperate with Party B’s personnel to complete the telephone number is 00000000.
10event plan in a reasonable and effective manner. Party A A’s personnel and teachers shall xxxx not leave the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and team or lead Party A’s campers to break the event requirements without prior notice to Party B, and all resulting consequences shall be shall be borne by Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided personnel or teachers dispatched by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.A. Example Camp in the Future || Let Chinese Children Become the World
Appears in 1 contract
Samples: Cooperative Agreement (Maitong Sunshine Cultural Development Co., LTD)
Rights and Obligations of Party A. 1. During the term of this Agreement, Party A may make the e-books based on the works licensed by Party B within the scope of license and reproduce, distribute, publish, disseminate and sell them through the mobile communication network and the Internet, including but not limited to making available the works through the Mobile Phone Reading Business to the users for reading, storage and downloading. Party A may grants a sub-license to China Mobile Communications Group and China Mobile Communications Co., Ltd., so that they may make the e-books, and reproduce, distribute, publish, disseminate and sell them through the mobile communication network and the Internet.
2. Party A shall exercise the rights mentioned above within the scope of license specified in this Agreement and the applicable letter of authorization.
3. Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with technical support and maintenance services for the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operationMobile Phone Reading Business.
4. The information server equipment placed Party A may supervise, manage and operate the works provided by Party B at the mobile phone reading platform. Party A in may refuse to post any work or content provided by Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network B which does not comply with any state law, regulation or policy or Party A considers inappropriate; provided, however, any of the People’s Republic of China. Electronic features and communication methods activities mentioned above shall not affect be deemed as Party A's endorsement, guarantee or warranty of any work or content provided by Party B. Party B shall be fully responsible for the safety of public network.works or contents provided by it hereunder. If any work or content provided by Party B is inappropriate or has any copyright defect, Party A may claim legal liabilities and loss against Party B.
5. Party A shall comply will regularly provide Party B with the information about the account settlement of Party B's all works according to the administrative rules of mechanical room of settlement rules, and pay the earnings to Party B and shall assure the safety of its information server equipment and information contentin accordance with this Agreement.
6. Party A shall pay may determine the fees price and the forms of marketing, packing, promotion and sale of the works as per the market needs, and Party B may give pricing recommendation to Party B in accordance with A according to the amount, due date, and method stipulated in this Agreementmarket value of the works.
7. Should During the term of cooperation and for the purpose of advertising and promotion, Party B hereby grants Party A require a free license to use Party B's corporate name (trade name), trademark, LOGO, visual identity (VI) and other brands, fragment of works (no more than 30% of the original works), name of work, illustration of works, page of works and cover of works, within the scope of licensed business.
8. During the term of cooperation, if the term of the copyright license for any of Party B's works expires and Party B to provide services, such as reset of host computerdoes not renew the license thereafter, Party A shall provide accurate contact telephone number take down the relevant work from the shelf upon expiration of the term; however, in order to protect the rights and interests of consumers, with respect to any work subscribed by any user, Party A may retain such work in the personal shelf of the user on the mobile phone reading platform.
9. If this Agreement is not renewed upon expiration or terminated in advance, Party A may continue to use the works licensed by Party B for confirmationtill the term of license expires. Should With respect to any work subscribed by any user, Party A may retain such work in the telephone number provided personal shelf of the user on the mobile phone reading platform after the term of license expires.
10. If there is any dispute over the copyright of any work between Party B and the copyright holder and thus Party A has to take down the work from the shelf, Party A shall give full cooperation. However, in order to protect the rights and interests of consumers, with respect to any work subscribed by any user, Party A may retain such work in the personal shelf of the user on the mobile phone reading platform. All liabilities resulting therefrom and all damages and losses suffered by Party A due to such event shall be inaccurate or notification of telephone number change be delayed leading to failure of confirmation borne by Party BB.
11. In order to protect Party A's information network dissemination right in the works against any infringement, Party A may take such technical measures as digital copyright protection technology for the works licensed by Party B. With respect to the works which Party B grants an exclusive license to Party A, if any third party infringes Party A's exclusive right, Party A may make a claim in its own name or request Party B to take joint actions. In that case, Party B shall reserve give full cooperation and promptly execute and deliver the right not letter of authorization, litigation documents and other relevant materials as required by Party A.
12. In order to bear promote and ensure the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical roomnormal business operations, Party A shall process may establish certain management policies within the relevant filing procedure scope of the cooperation in Beijing Computer Security Inspection Departmentthe Mobile Phone Reading Business. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. If Party A amends any daily management policy, it shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between promptly notify Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internetsuch amendment.
Appears in 1 contract
Rights and Obligations of Party A. 1. Party A undertakes and warrants that during the term of cooperation hereunder, Party B shall provide a duplicate copy of be the sole funds depository institution for the peer-to-peer lending funds deposit business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to engaged in by Party B.A.
2. Should Party A plan warrants that all credentials and materials provided by it to provide electronic bulletin service, a special application or special filing Party B shall be submitted to legal, true, accurate, complete and valid. In the relevant departments event of any change in accordance with Party A’s credentials and materials, Party A must notify Party B in writing within five working days as agreed from the laws and regulations date of the People’s Republic of China, and shall provide the related proofs occurrence of the special application or special filingchange. Any risk, loss and liability resulting from the fact that the information provided by Party A is untrue, inaccurate, not timely and incomplete shall be fully borne by Party A; if any loss incurred to Party B thereby, Party B shall be entitled to demand Party A to compensate for all losses.
3. Party A’s A is a legally incorporated business entity and has the qualification to engage in peer-to-peer lending information operation must conform intermediary business and has the conditions to engage in peer-to-peer lending funds deposit business. Party A shall be solely liable for the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, complaints and other relevant user disputes resulted from the violation of laws and regulations of China by its website, APP and other media or services provided by it, and the People’s Republic of Chinacomplaints caused by false, obsolete or untrue information, and assume the losses incurred to Party B thereby. Party A shall not engage hereby further warrants that, if any new requirement provided by relevant laws, regulations, rules, and regulatory provisions in any illegal operation and the future for its business operation, it will meet such requirement; otherwise, Party A shall be held unconditionally liable for the compensation for any legal liability induced by its information operationand all losses incurred to Party B due to the violation of laws, regulations, rules and regulatory provisions.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all is obliged to establish a sound internal control system and a risk management team matching with the technical interface indices and terminal communication technical standards of communication network scale of the Peoplebusiness, carry out authenticity review and risk assessment for the financing subject released through the Party A’s Republic platform, fully disclose information based on the principle of China. Electronic features honesty and communication methods shall not affect trustworthiness, and protect the safety legitimate rights and interests of public networkthe Party A’s platform users.
5. Party A shall comply to open the administrative rules of mechanical room following accounts in the name of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to with Party B in accordance with under the amount, due date, and method stipulated in terms of this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.:
Appears in 1 contract
Samples: Funds Deposit Service Agreement (Senmiao Technology LTD)
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
42. The information server equipment placed by Party A shall provide a duplicate copy of Value-Added Telecommunications Services Operating License or a related proof of filing of non-operating Internet information service to Party B.
3. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant authorities in Party B’s communication mechanical room shall meet all accordance with the technical interface indices laws and terminal communication technical standards of communication network regulations of the People’s Republic of China. Electronic features , and communication methods shall not affect provide the safety related proofs of public networkthe special application or special filing.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
74. Should Party A require Party B to provide services, such as reset of the host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all related losses.
85. Party A shall be fully liable for any illegal incorrect operation leading to damage of Party B’s equipment. The compensation shall be limited by to the repurchase replacement cost of the damaged equipment and hardware, and shall not include excluding the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
116. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet. Party A shall make payment to Party B in accordance with the amount, due date and method stipulated in this Agreement.
7. Should Party A applies services from Party B, relevant services orders shall be signed between both parties.
8. Party A promise that the information and materials to Party B are true and valid. Party A shall provide updated information to Party B Within 10 days of hanging of Party A’s information.
9. Party A promise that all installation, operation, maintenance, data security and backup for software or hardware of equipment have obtained relevant valid authorization or license.
10. Party A shall be entitled to install, operate, maintain, data security and backup its software or hardware of equipment, and appoint technicians to assist Party B.
11. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
12. Party A shall be liable for all disputes caused by information provided by Party A via serves placed in Party B. Party A shall be held liable to bear all related claims.
13. Party A have right to use the IP addresses provided by Party B. Party A shall not assign third party to use such IP addresses without Party B’s writing consent. Party A shall be liable to accept Party B’s investigation for usage of IP address and provide true and valid information to Party B. In case Party A provide inveracious information to Party B, Party B shall cancel relevant IP addresses.
14. During the leasing period, Party A could come to Party B’s server booth by using the Maintenance Certification to adjust and maintain its servers. But Party A shall observe Party B’s regulations and provisions.
15. Party and its customer shall not send emails as the following situations: • Ad, magazine or other material via email without receiver’s consent; • Email without uncertain return way, sender and return email address; • Emails that disobey ISP’s other security policies or service agreement. Party A must terminate the above activities on receipt users’ complaints from Party B. Party A shall be held liable to bear Party B’s all related losses caused by the above activities.
Appears in 1 contract
Rights and Obligations of Party A. 1Article 3.1 Party A undertakes that it has full ownership over the Subject under this Agreement, and there is no security right over the Subject. Otherwise, Party A shall assume all liabilities of property rights security and all losses suffered by Party B thereby.
Article 3.2 In order to ensure the normal operation of all facilities including generator, power and transformation pump, all plants, equipment, facilities and sites to be leased under Agreement shall be cleaned and checked by Party A before Party B’s entering into the Site for its acceptance and subsequent take-over.
Article 3.3 Party A shall assist Party B to coordinate all internal and external relations to ensure the normal operation of Party B, with relevant expenses and fees on Party B’s account. The external organizations include the higher-lever management department of Party A, and governmental agencies such as industry and commerce, taxation, safety and security, environment protection, and fire fighting departments.
Article 3.4 Party A shall assist Party B to coordinate, supply, arrange and manage employees of Party A. And shall ensure that all its existing 21 employees are ready to work by the effective date of this Agreement, otherwise, any liabilities and consequences shall be bored by Party A.
Article 3.5 Party A shall provide Party B necessary places such as office, employee dormitory, dining hall, raw material and product storage. And any damaged or inadequate buildings shall be repaired or added by Party B at its costs.
Article 3.6 Party A shall provide Party B formal invoice issued by water and electricity administration departments (the Parties agree that a VAT rate of 17% shall be applied to electricity fees invoice). The calculation of water and electricity fees shall be based on the relevant regulation and tariff of the state and Party A’s competent relevant regulatory department. Party A shall provide a duplicate copy coordinate with the water resource administrative department of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service Luohui Canal to ensure the industrial water supply to Party B.B, with fees payable by Party B according to the rate and standard of Luohui Canal station.
2. Should Article 3.7 Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3Party B regulations and policies about production and management, fire fighting and other aspects. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and safety production commission shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in entitled to check and supervise Party B’s communication mechanical room shall meet all the technical interface indices production and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided state-owned assets occupied by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection from time to Internettime.
Appears in 1 contract
Rights and Obligations of Party A. 12.1 Party A shall have the right to review the business license, organization code certificate, tax registration certificate, bank account opening permit and other licenses and permits, creditability certificate, sources of information, copyright certificate (power of attorney), relevant information and documents evidencing Party B’s ownership, right of use or intellectual properties, bank account, and such other documents relating to the ordinary course of business as provided by Party B. Party A may unilaterally terminate this Agreement without assuming any liabilities if it discovers any false contents or other illegal elements in the aforementioned documents.
2.2 Party A shall have the right to review from time to time any information, business and services provided by Party B hereunder. Party A shall provide a duplicate copy of business license for Internet may refuse to post any information or suspend any service added value communication operation or a related proof of filing of non-operational Internet information service provided by Party B that fails to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. pass Party A’s information operation must conform to test or review. To the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. extent that Party A shall not engage B engages in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all activities endangering the technical interface indices and terminal communication technical standards of communication network of national security, or pornographic or superstitious activities during the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance cooperation with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place may immediately terminate its cooperation with Party B without assuming any responsibilities. Party A may claim compensation if any loss is thus incurred.
2.3 Party A may formulate management measures, terms of assessment and standard customer service documents for relevant application software business, and will assess Party B according to such regulations and require Party B to observe and implement such documents and regulations.
2.4 Party A may limit the related advertisements number of partners providing the same category of application services, and “logo” may reserve the right to dynamically adjust the number of partners for various application software services.
2.5 For any undue overloaded traffic that may affect the operation safety of Party B at distinct locations A’s network, Party A reserves its right to restrict its transmission or adjust the traffic in accordance with time according to the requests of Party B. system capacity; Party B shall inform assist Party A at least 5 days in advancetaking relevant actions. The dimension In urgent cases, Party A may take relevant steps without first notifying Party B for purposes of logo protecting the lawful rights and interests of the textual length must meet customers without assuming breaching liabilities.
2.6 Party A may, as requested by customers and market orders, exercise its right of veto and direction on the website requirement prices submitted by Party B for approval; the prices of information fee set by Party B which fail to obtain consents of Party A.A shall be null and invalid, and Party A shall be entitled to stop such business and refuse to provide the services of calculating, collecting and settlement of the information fees on behalf of Party B.
112.7 In case of breaches by Party B that affect customers’ use of service, Party A may first take necessary steps in respect of Party B’s breaching business to prevent losses and impact to Party A and customers from enlarging. Party A promises that the exclusive line provided may, in all cases, deduct any indemnities payable by Party B directly from the information fees to be settled with Party B.
2.8 Party A may transfer to Party B such customer consulting and complaints that do not result from the issues of Party A’s network, and Party B shall properly resolve such complaints and assume the relevant responsibilities. Party A will be responsible for the customer questions and complaints arising from Party A’s network communication issues.
2.9 Party A will be responsible for the day-to-day maintenance of the application software platform and will deal with any technical breakdown for reasons attributable to Party A so as to ensure the normal running of the application services.
2.10 Party A will be responsible for management of such customer data as registration, login, identification and authentication, and may feedback relevant data to Party B in a given form. For online applications, Party A’s application software business platform shall be interconnected with Party B’s content service system, and the data of the application software business platform will serve as the basis for ultimate confirmation of customer’s use of Party B’s application software business. Party A will statistically calculate the visit traffic to Party B’s application software business, and provide Party B with the results of such statistics in a proper form.
2.11 The Parties may jointly carry out the marketing and advertising work, provided that Party A may require Party B to clearly xxxx the brand of “China Unicom WoStore” in the advertising, which shall be approved in writing by Party A beforehand. Party A only be used for hosting server maintenance grants Party B with a non-exclusive and data update non-transferrable license to use Party A’s brands and shall not be used for connection to Internetother intellectual properties within the scope hereof. In the mode of channel cooperation, Party A may advertise all application software business approved by Party A through both self-owned and cooperated marketing channels.
Appears in 1 contract
Rights and Obligations of Party A. 1Party A shall provide network resources, value-added platforms resources and customer resources to Party B with charge, and offer content access services to Party B. Part A shall also act as Party B’s billing/charging agency, and the billing/charging shall be calculated on the basis of the data collected by Party A. Party A shall have the right to establish or modify the Business Specifications, Management Methods, Quality Standards and/or Service Standards of related Value-added Service in accordance with the development of business and market conditions, and inform Party B in an appropriate manner. Party B shall comply with such Specifications and Standards. Party A shall make a performance appraisal of service provided by Party B periodically in the light of such Specifications and Standards. Party A shall have the right to check the Value-added Services supplied by Party B, to examine the Operation License for Providing Cross-regional Value-added Telecom Service, Qualification Certificates and Business License of Party B. It is entitled to examine the legality of the information and contents provided by Party B and verify the bank accounts and other documents furnished by Party B. Party A shall have the right to examine the relevant certificates and documents which are connected with the regular operation of a specific type of Value-added Service. Party A is entitled to review the applications of various Value-added Services supplies by Party B. The outcome of the review, the business performance, credit rating and together with the records of Defaults of Party B shall be applied to determine whether Party B is qualified to supply the Value-added Services. Party A shall supervise the customer service quality of Party B and reward Party B when it makes innovations in the procedures of providing services. Party A owns the property right of its customer resources and has the right to know the details of the Value-added Services supplied by Party B under this Agreement. Party A shall have the right to ask Party B to deliver the personal information of the customers who make use of the Value-added Services supplied by Party B, the business data, use records and statistics of Party B. Party A shall be responsible for construction and maintenance of Value-added Service Authentication Center. The system platform of the Center shall be connected with the system of content services of Party B. The data of customers and operation stored in the system platform of Value-added Service Authentication Center shall be used as the basis to determine how the customers make use of the Services supplied by Party B. Party A shall provide a duplicate copy of Service System for Cooperation, which shall be utilized to give notices, announcements, business license for Internet information service added value communication operation or a regulations and relevant policies related proof of filing of non-operational Internet information service to cooperation to Party B.
2. Should Party A plan B. During the Term of this Agreement, this system shall also be utilized to provide electronic bulletin service, a special application or special filing shall be submitted to publish the relevant departments information in accordance with the laws and regulations respect of the People’s Republic review of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room qualifications of Party B or its performance, contracts with customers, payments, records of Complaints and shall assure results of the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8treatment. Party A shall be fully liable responsible for any illegal the management and information update in the system, and for the maintenance and regular operation leading to damage of the system. All information generated and published in the Service System for Cooperation shall be as evidences for the communications between both Parties, unless otherwise stipulated hereunder. The time when the information enters into the service system of Party B’s equipment. The compensation B shall be limited by deemed as the repurchase cost time when the information comes into effect. Party A may provide appropriate backup of the damaged equipment information and hardwarecertain query functions in the Service System for Cooperation, but is not responsible for the complete storage or re-providing the said information. Party A shall have the right to ask Party B to apply a temporary logon account number in the Service System for Cooperation before cooperation. Party A shall assign an official user name and password to Party B for its entering into the Service System for Cooperation when Party A has reviewed and approved the application from Party B. Party A shall assign a company code to Party B. Party B may use the code to search related data in the billing and payment system. Party A shall ensure that the company code is accepted and recognized in its systems, and shall not include acknowledge that the company code in the billing and payment system of Party A is identical to the company name of Party B. Party A shall have the right to review and test the Services applied for by Party B, and publish a notice of confirmation to Party B in the Service System for Cooperation if Party B has passed the testing. The time for supplying the Services to public is the time when Party A has officially began to charge from the customers. Party A shall have the right to ask Party B to give assistance in the relevant softwareprocedures of the litigation, databanksarbitration and any other dispute arising out of the Value-added Services supplied by Party B, and to handle all related matters in a timely manner. Party A shall have the similar configurations.
9right to automatically deduct from the due payment to Party B all cost incurred by Party A and/or any subsidiary of Party A as the defendant or respondent in any litigation and arbitration if such litigation or arbitration arises out of the Services supplied by Party B. Such cost shall include but not limited to the expenses and fees which Party A and/or any subsidiary of Party A has paid in the litigation, notarization and appraisal, attorney fees, travel expenses, administrative penalties or any other expenses or cost paid in the legally effective judgment or arbitration award. Within 30 days of placing server in If the payment due to Party B’s mechanical roomB is insufficient for the deduction, Party A shall process have the relevant filing procedure right to get compensation from Party B. Both Parties may work together in Beijing Computer Security Inspection Department. The contact the promotion and marketing of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Value-added Services supplied by Party B. If Party B intends to use the name or trademarks of Party A in its booklets or ads, it shall xxxx send the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance booklets and ads to the consultation between Party B and Party A, Party A shall promptly place for review and obtain the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of prior written approval from Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Rights and Obligations of Party A. 1. Party A shall provide abide by the relevant laws and administrative regulations of the State and shall not use the trusteeship equipment to engage in illegal and criminal acts such as endangering state security and divulging state secrets. If Party A is in violation of relevant laws, regulations and administrative rules, Party B has the right to require Party A to rectify, and Party A must correct immediately and use all services in a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.lawful manner.
2. Should Party A plan commitments to provide electronic bulletin service, a special application or special filing shall be submitted to use and run the relevant departments in accordance “Esunny International V3.0” strict compliance with the laws Party B’s system workflow and regulations of the People’s Republic of Chinasystem operation requirements, and shall provide the related proofs of the special application or special filingstrictly abide by Party B’s relevant regulations and requirements.
3. Party A commitments not to use the “Esunny International V3.0” and the hardware environment provided by Party B for any work other than those stipulated in this contract under any circumstances. At the termination of this contract, the right to use the Esunny International V3.0” is automatically cancelled.
4. Party A shall complete the managed equipment’s integrated solution design and implementation deployment independently, and shall be responsible for the operation and maintenance of the managed equipment to ensure its safe and stable operation, and shall not affect the normal operation of Party B’s equipment and network.
5. During the validity of the contract, if Party A needs Party B to provide services or related support under the terms of this contract, Party A shall submit a written application to Party B and carry out the relevant work in consultation with Party B.
6. For the network access environment provided by Party B, Party A can only be used for the transaction service of Party A’s information operation must conform customers and Party A’s own management access. Party A shall not use the network channel provided by Party B to carry out illegal operations or violate the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic regulatory authority for any purpose, in any name or in any way.
7. Maintenance basic data of China“Esunny International V3.0” system (including customer information, market information, variety information, rate parameter information, etc.) and daily settlement processes shall be completed by Party A, and Party B may provide guidance and assistance as required.
8. Party A has the obligation to organize suitable and sufficient operation and maintenance personnel to participate in all kinds of training provided by Party B on the “Esunny International V3.0”, which including but not limited to business and system operation. And to ensure that the operation and maintenance personnel can smoothly contact 7*24 hours. Party A designates the operation and maintenance contact department as the technical department, the responsible person is Du Yiliang,24 hours contact telephone number is 00000000000. If the person in charge or its contact information changes, Party A shall inform Party B in time, otherwise Party A shall be responsible for the adverse consequences or losses arising therefrom.
9. Party A shall not engage in any illegal operation act that damages or may prejudice the rights, qualifications and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room benefits of Party B and shall assure the safety of its information server equipment and information content.
6or other third-party’s intellectual products. Party A shall pay the fees to If Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should is subject to any claim or prosecution for Party A require Party B to provide services, such as reset of host computerA’s reasons, Party A shall provide accurate contact telephone number to Party B for confirmationmake full compensation. Should At the telephone number provided by Party A be inaccurate or notification same time, the signing of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and this contract shall not include be interpreted as the relevant software, databanks, and the similar configurations.
9. Within 30 days transfer or award of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided intellectual property rights by Party B to Party A. The terms and conditions stipulated in this article shall only be used for hosting server maintenance and data update and shall not be used for connection to Internetremain in force after the expiration or termination of this contract.
Appears in 1 contract
Samples: System Operation Service Contract (Zhong Yang Financial Group LTD)
Rights and Obligations of Party A. 12.1 Party A shall be responsible for the centralized publicizing and promotion in whole of the cooperative business.
2.2 Party A shall be responsible for the construction and maintenance of the business management system, using the business management system to issue notices/announcements, business management measures and relevant policies, and inquiring, managing and updating the information in relation to the cooperation.
2.3 Party A shall be responsible for the day-to-day maintenance of the platform, and provide guidance and assistance to Party B in game application, testing and putting online the games, to guarantee the stable running of the platform. Party A shall provide a duplicate copy give access to Party B to facilitate its checking of business license for Internet the relevant status of operation.
2.4 Party A shall have the right to know the legality of the mobile game information service added value communication operation and source provided by Party B, provided, however, that Party A will not take any responsibilities arising from any illegal or a related proof of filing of non-operational Internet incorrect information service to provided by Party B.
2. Should 2.5 Party A plan shall test the business applied by Party B after approving it, and after the test is passed, confirm in appropriate forms in the business management system. If the test is failed, Party A shall have the right to refuse to provide electronic bulletin platform service, a special application or special filing . The official launch time of the cooperation business shall be submitted the time when Party A officially launches the billing service.
2.6 Party A shall have the right to examine and assess Party B’s business according to the Management Measures for Cooperation in Mobile Game Business, and select the superior and eliminate the inferior based on Party B’s performance in business development, credit points and breaches, and reward Party B’s creative business and supervise Party B’s customer service quality according to the Management Measures for Credit Points of Mobile Game Business. Party A may terminate this Agreement with Party B if it fails to reach Party A’s standards.
2.7 Party A shall have the right to review the game contents and the price thereof applied by Party A based on the users’ demand and the requirements for market order, and shall have the right not to settle the Information Fees resulting from the business for which Party B changes the fee rate without authorization.
2.8 If Party A receives any complaints or notices that the contents or services provided by Party B allegedly involve infringement dispute, Party A shall have the right to take remedies based on the actual situation, including but not limited to promptly suspend the promotion of Party B’s game products, promptly stop any platform services (including without limitation having Party B’s products offline), unilaterally terminate the contract and suspend the fees settlement, and Party B shall resolve the relevant departments complaints and disputes and notify Party A of the results in writing; Party A will continue the promotion activities after it confirms that there is no dispute. Party B hereby confirms that Party B shall waive any objection to the remedies taken by Party A.
2.9 If any users have complaints as to fees collection on Party B’s games, other than the complaints resulting from Party A’s conduct, once discovered, Party A shall have the right to inform Party B to rectify immediately and take such measures as fees return or suspension of fees collection in accordance with the laws relevant provisions and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3provisions hereof. If Party A’s information operation must conform B cannot give a reasonable explanation to the “Administrative Procedure for Internet Information Service”users’ complaints, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation have the right to reduce or forgo Information Fees for relevant users, and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of ask Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B assume relevant defaulting liabilities in accordance with the amountrelevant business management measures based on the seriousness of the situation. Party B hereby acknowledges that Party B shall waive any objection to the remedies taken by Party A.
2.10 During the term of cooperation, due dateParty A may suspend its cooperation with Party B if there is user complaint on Party B’s game or service quality, and method stipulated which has resulted in adverse social impact; in serious cases, Party A may unilaterally terminate this Agreement.
7. Should 2.11 If Party A require Party B is investigated by relevant national authority, judiciary authority, consumers’ association or any other organization, or is claimed legal responsibilities by any entity or individual, due to provide services, such as reset the users’ browsing or use of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number contents and application services provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party A may unilaterally terminate this Agreement by a written notice, and Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited direct and indirect losses thus suffered by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, including, without limitation:
(1) costs of preliminary input and preparatory work made by Party A shall promptly place the related advertisements and “logo” for performance of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform this Agreement;
(2) costs already paid by Party A at least 5 days for performance of this Agreement;
(3) anticipated gains for Party A’s performance of this Agreement;
(4) costs (including but not limited to the litigation fees, arbitration fees, attorney fees, appraisal fees, notarization fees, investigation fees, etc.), indemnities or other payables by Party A in advance. The dimension of logo relevant litigations incurred for reasons attributable to Party B; and the textual length must meet the website requirement loss of goodwill or reputation thus suffered by Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Rights and Obligations of Party A. 1. Party A and Guangzhou City Construction & Development Group Co., Ltd, pursuant to the Interim Regulations of PRC Concerning the Assignment and Transfer of the Right to the Use of the State-owned Land in the Urban Areas and other related regulations, signed the land use right transfer contract (Contract No.: (93) Shichengjianzongjizizi No. 10) under which Party A duly and legally acquired the right to use the Pxxx Xx.00 xxxxxxx xx Xxxx Xxxxxx Xxxx, Xxxxxxxxx (xxxx use right certificate No.(Suifu) Guoyong [1994] Zidite 010) for a fifty-year period beginning on July 30, 1994 and ending on July 30, 2044. The plot of land was planned for commerce and office purposes. Party A was approved to build on this plot a new tower integrating offices and shopping facilities and named the tower as Goldlion Digital Network Center. Party A has the right to rename this tower (including shopping facilities) and to change, replace or substitute any existing name at any time without making any compensation to Party B or constituting the termination hereof or any change to any provision herein.
2. Party A hereby represents and warrants that, at the time of executing this Contract, it owns legal ownership of and the right to lease the Leased Premises.
3. The property management company shall provide be designated by Party A, and Party B shall accept the management by and observe the management rules and systems formulated by the property management company. In case the property management company is replaced, such replacement will not affect the performance hereof by either party hereto. Guangzhou Yindie Property Management Company is designated by Party A as the property management company (hereinafter referred to as the “Property Management Company”) for Goldlion Digital Network Center.
4. Party A shall deliver the Leased Premises and accessory equipment to and for use by Party B pursuant to the provisions herein and, failing which, shall pay Party B liquidated damages, if Party B suffers any loss as a duplicate copy result of business license such failure on the part of Party A, at a daily rate of 0.1% of the monthly rent for Internet information service added value communication operation every day after the due time. In case Party A fails to make such delivery within seven days after the due time, Party B shall have the right to (1) wait for Party A to make such delivery and charge the liquidated damages against Party A on the basis of the above-mentioned criteria, or (2) terminate this Contract and in such a case Party A shall refund any and all the Deposits (if already paid Party B) to Party B without interest and Party A shall compensate Party B for any and all direct economic losses sustained by Party B as a result of such failure on the part of Party A and not covered by the afore-said liquidated damages, provided that Party B furnishes the invoices and related proof evidencing documents for such direct economic losses. If Party B, not due to any fault on the part of filing Party A, fails to take over the Leased Premises delivered by Party A, the latter party shall be exempted from any responsibility or liability for compensation. If Party B fails to take over the Leased Premises within seven days after the due time, Party A shall have the right to (1) wait for Party B to take over the Leased Premises and charge Party B liquidated damages at a daily rate of non0.1% of the monthly rent for every day after the due time, or (2) terminate this Contract and in such a case, if Party A has previously charged the required Deposits from Party B, may deduct from such Deposits the rent for the period from the effective date hereof to the date when Party A terminates this Contract before refunding the balance (if any) to Party B without interest and Party B shall compensate Party A for any and all direct economic losses sustained by Party A as a result of such failure on the part of Party B and not covered by the afore-operational Internet information service said liquidated damages, provided that Party A furnishes the invoices and related evidencing documents for such direct economic losses.
5. At the time of handover, Party A hands over to Party B the Leased Premises together with the following facilities (details to be indicated on the handover list):
(1) Fan coil units
(2) Standalone temperature controllers
(3) Fire sprinkler heads
(4) Smoke sensors Party B shall be responsible for maintenance and servicing of the above-mentioned facilities during the lease term hereunder and, if both parties determine not to renew this Contract after expiration hereof, Party B shall return the Leased Premises to Party A before the termination hereof and, if any of such facilities is damaged before being returned, shall be responsible for maintenance and compensation.
6. If needing to change the use of, expand or rebuild the Leased Premises during the lease term hereunder, Party A shall obtain consent from Party B and, where approvals are required from relevant government authorities, report such intended change, expansion or rebuilding to such government authorities for approvals. If Party B modifies the structure and/or use of the Leased Premises without the prior consent of Party B, causing any damage to the Leased Premises, Party A may rescind this Contract, repossess the Leased Premises and claim losses from Party B.
27. Should When requested by Party B, Party A plan to provide electronic bulletin serviceshall assist Party B in applying for and obtaining the telecommunication line(s) required by Party B, a special application provided that Party B bears any and all the fees charged by relevant departments on Party A or special filing Party B.
8. Party A shall be submitted responsible for maintenance, repair and cleaning of the Center, including decorative facilities, equipment, etc at public locations. If Party A and Party B have signed the Goldlion Digital Network Center Site Use Agreement (Attachment / ), the above-said public locations do not include the locations for which Party B shall be responsible for cleaning.
9. If Party A needs to enter the relevant departments Leased Premises for maintenance, environmental protection, burglarproof, fire prevention, disaster prevention, rescue or any other managerial purpose, it shall give Party B 24 hour’s written notice, except in accordance any emergency where Party A shall timely notify Party B thereafter. When exercising this right, Party A shall, wherever and whenever possible, not cause any interference to Party B. Under any such circumstance, Party B shall support and cooperate with Party A.
10. No transfer or mortgage of the Leased Premises by Party A during the lease term hereunder shall affect the continuous performance hereof. Party A shall give Party A at least 3 months’ written notice before transferring the Leased Premises and at least 30 days’ written notice before mortgaging the same.
11. Party A is entitled to and shall observe all of its rights and obligations granted under applicable laws and regulations of the People’s Republic of China, administrative rules and shall provide policies as well as the related proofs provisions of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, Goldlion Digital Network Center User Manual and the similar configurationsGoldlion Digital Network Center Renovation Guide.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Samples: Lease Contract (Tudou Holdings LTD)
Rights and Obligations of Party A. 12.1.1 Party A shall have the right to require Party B to report the progresses of the program, provide detailed information about the users in a timely manner, check the application of the equipment, and supervise the operation, maintenance and various service quality, without affecting Party B's normal operation.
2.1.2 In case of any user's complaints attributable to Party B, after verification, Party A shall have the right to notify Party A to improve the service quality in accordance with the uniform service standards of Party A. And if the service standards of Party A can not be met after three times of correction for the same compliant, Party A shall have the right to require Party B to give reasonable economic compensation to the user according to law.
2.1.3 Party A is responsible for the interconnection and interworking with other Chinese telecommunications service providers (fixed-line/mobile phone), and ensure the conformity with the interconnection and interworking standards and quality specified by the Ministry of Information Industry. And Party A shall provide Party B with a 40m2 machine room at the machine room of Party A in Shanghai free of charge, and assist Party B in the installation of the relevant equipment and software.
2.1.4 Party A shall disclose the actual network-to-network (domestic and international) rate settlement standards, and give Party B a prior notice on any adjustments in a timely manner.
2.1.5 Party A authorizes Party B to use the intellectual property rights of Party A, including the TieTong brand, in the market business activities in connection with the "Little Secretary" program during the cooperation period, however, Party B must report to Party A for approval and record. Party A shall provide a duplicate copy assist Party B in taking necessary measures, to protect the intellectual property rights of business license for Internet information service added value communication operation or a related proof Party B's "Little Secretary" brand in China, including registering the trademark and copyrights of filing of non-operational Internet information service to Party B.this brand.
2. Should 2.1.6 Party A plan to must provide electronic bulletin service, a special application or special filing shall be submitted effective telecommunications bills and invoices to the relevant departments in accordance with the laws and regulations of the People’s Republic of Chinausers, and shall provide authorize Party B to issue the related proofs invoices of Party A to the special application or special filingusers of "Little Secretary".
3. 2.1.7 Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. A warrants that Party A shall not engage in any illegal timely expand the capacity within one month upon the request of Party B when the network-to-network telephone traffic with the operation and shall be held liable for any legal liability induced by its information operationof E1 reaches 70%.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. 2.1.8 Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to assist Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B applying to provide servicesall mobile service providers, such as reset of host computerChina Mobile, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardwareChina Unicom, and shall not include China Telecom (PHS), for SMS server, and obtaining the relevant software, databanks, and the similar configurationsSMS codes.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
Appears in 1 contract
Rights and Obligations of Party A. 1. Party A shall may verify such materials relating to normal business operation as necessary to enable Party B to provide a duplicate copy of business license for Internet information services hereunder, including telecommunications and information service business operational license, telecom value-added value communication operation or a related proof service business operational license, business license, credit standing certificate, source of filing of non-operational Internet information service to Party B.and bank account.
2. Should Party A plan may verify any of Party B’s services relating to provide electronic bulletin servicethis Agreement. Party A is entitled to refuse to publish any content in the information as provided by Party B which is incompatible with national laws, a special application regulations and policies, or special filing shall be submitted goes counter to the relevant departments in accordance with the laws public order and regulations of the People’s Republic of Chinagood social customs, or which Party A thinks unfit, and if such information as provided by Party B causes any economic loss to Party A or undesirable impact on the goodwill of Party A, Party A shall provide have the related proofs of the special right to claim compensation against Party B. Party A will give express reply to any business application or special filingsubmitted by Party B within 10 working days after Party B provides complete materials.
3. Party AA may, as needed, require Party B to provide relevant materials in relation to this Agreement further evidencing Party B’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, ownership or right of use and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operationintellectual property right.
4. The information server equipment placed Party A has the right to formulate administrative measures, appraisal terms and customer service standards and documents in respect of game business (all as appendix to this Agreement), which shall be observed and implemented by Party B. Party A will conduct appraisal of Party B in accordance with relevant provisions aforesaid, and if Party B’s communication mechanical room shall meet all B fails such appraisal, Party A may cease the technical interface indices and terminal communication technical standards cooperation business with Party B until termination of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networkthis Agreement.
5. Party A shall comply will provide customer service numbers as call service access numbers for customer service complaints and enquiries. Party A’s customer service center will serve as the final confirmer and distributor of customer service questions of game business, Party B’s customer service personnel or customer service system must assist Party A to analyze and handle relevant business complaints and enquiries of customers. Party A has the administrative rules of mechanical room right to transfer such various user enquiries as arising from this business and not attributable to any network communication problem on the part of Party A to Party B for handling, and Party B shall assure the safety settle such customer complaints in good faith and be responsible therefor. Party A is responsible for user enquiries and complaints arising in respect of its information server equipment and information contentParty A’s network communication problems.
6. Party A may, according to the status of business progress, promote and advertise game business via communications media so as to attract users. Party A shall pay the fees to provide Party B in accordance with the amount, due date, related interface technical standards and method stipulated in this Agreementtechnical support to ensure that Party B can provide applications smoothly.
7. Should Party A require Party B is responsible for daily maintenance of the game platform, and for handling technical failures due to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number in order to Party B for confirmation. Should ensure the telephone number provided by Party A be inaccurate or notification normal operation of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all lossesapplication service.
8. Party A will provide billing service for Party B’s game business, and the results thereof shall be fully liable subject to Party A’s data; where Party B lodges an objection to Party A’s results, it may require Party A to do reconciliation.
9. Party A shall be responsible for any illegal operation leading such customer data management as the registration, login, certification and authentication of users, and may send back to damage Party B relevant data in certain form. As regards networking application, Party A’s game business platform will link to Party B’s content service system, and data in the game business platform will be taken as the basis of final confirmation of the use by users of Party B’s equipmentgame business. The compensation shall be limited by the repurchase cost Party A will count page views of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qiapplication game business, and provide statistical results to Party B in the telephone number is 00000000appropriate form.
10. Party A shall xxxx may adjust the phrase “Network bandwidth provided by IDC arrangement order of Beijing Communication Company “ the UI design and game business on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place game based on the related advertisements and “logo” status of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.business progress.
11. The parties hereto may conduct such work as marketing communication and customer publicity in joint efforts. Party A promises that the exclusive line provided by may require Party B to mark (China Mobile Mobile Phone Game)” brand, subject to passage upon prior verification of Party A. Where Party B’s publicity and advertising involves Party A’s corporate name and other brand standard, it shall only be used for hosting server maintenance obtain prior consent of Party A and data update and shall not be used for connection to Internetpass Party A’s verification.
Appears in 1 contract
Rights and Obligations of Party A. 12.1 Party A shall have the right to review the business license, organization code certificate, tax registration certificate, bank account opening permit and other licenses and permits, creditability certificate, sources of information, copyright certificate (power of attorney), relevant information and documents evidencing Party B’s ownership, right of use or intellectual properties, bank account, and such other documents relating to the ordinary course of business as provided by Party B. Party A may unilaterally terminate this Agreement without assuming any liabilities if it discovers any false contents or other illegal elements in the aforementioned documents.
2.2 Party A shall have the right to review from time to time any information, business and services provided by Party B hereunder. Party A shall provide a duplicate copy of business license for Internet may refuse to post any information or suspend any service added value communication operation or a related proof of filing of non-operational Internet information service provided by Party B that fails to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. pass Party A’s information operation must conform to test or review. To the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. extent that Party A shall not engage B engages in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all activities endangering the technical interface indices and terminal communication technical standards of communication network of national security or pornographic or superstitious activities during the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance cooperation with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place may immediately terminate its cooperation with Party B without assuming any responsibilities. Party A may claim compensation if any loss is thus incurred.
2.3 Party A may formulate management measures, terms of assessment and standard customer service documents for relevant application software business, and will assess Party B according to such regulations and require Party B to observe and implement such documents and regulations.
2.4 Party A may limit the related advertisements number of partners providing the same category of application services, and “logo” may reserve the right to dynamically adjust the number of partners for various application software services.
2.5 For any undue overloaded traffic that may affect the operation safety of Party B at distinct locations A’s network, Party A reserves its right to restrict its transmission or adjust the traffic in accordance with time according to the requests of Party B. system capacity; Party B shall inform assist Party A at least 5 days in advancetaking relevant actions. The dimension In urgent cases, Party A may take relevant steps without first notifying Party B for purposes of logo protecting the lawful rights and interests of the textual length must meet customers without assuming breaching liabilities.
2.6 Party A may, as requested by customers and market orders, exercise its right of veto and direction on the website requirement prices submitted by Party B for approval; the prices of information fee set by Party B which fail to obtain consents of Party A.A shall be null and invalid, and Party A shall be entitled to stop such business and refuse to provide the services of calculating, collecting and settlement of the information fees on behalf of Party B.
112.7 In case of breaches by Party B that affect customers’ use of service, Party A may first take necessary steps in respect of Party B’s breaching business to prevent losses and impact to Party A and customers from enlarging. Party A promises that the exclusive line provided may, in all cases, deduct any indemnities payable by Party B directly from the information fees to be settled with Party B.
2.8 Party A may transfer to Party B such customer consulting and complaints that do not result from the issues of Party A’s network, and Party B shall properly resolve such complaints and assume the relevant responsibilities. Party A will be responsible for the customer questions and complaints arising from Party A’s network communication issues.
2.9 Party A will be responsible for the day-to-day maintenance of the application software platform and will deal with any technical breakdown for reasons attributable to Party A so as to ensure the normal running of the application services.
2.10 Party A will be responsible for management of such customer data as registration, login, identification and authentication, and may feedback relevant data to Party B in a given form. For online applications, Party A’s application software business platform shall be interconnected with Party B’s content service system, and the data of the application software business platform will serve as the basis for ultimate confirmation of customer’s use of Party B’s application software business. Party A will statistically calculate the visit traffic to Party B’s application software business, and provide Party B with the results of such statistics in a proper form.
2.11 The Parties may jointly carry out the marketing and advertising work, provided that Party A may require Party B to clearly xxxx the brand of “China Unicom WoStore” in the advertisements, which shall be approved in writing by Party A beforehand. Party A only be used for hosting server maintenance grants Party B with a non-exclusive and data update non-transferrable license to use Party A’s brands and shall not be used for connection to Internetother intellectual properties within the scope hereof. In the mode of channel cooperation, Party A may advertise all application software business approved by Party A through both self-operated and cooperated marketing channels.
Appears in 1 contract
Samples: Payment Authority Agreement (iDreamSky Technology LTD)
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy carry out the pro forma review of business license for Internet information service added value communication operation documents and materials provided by Party B. In the event that relevant documents violate or a related proof are suspected of filing violating relevant laws and regulations, and self-disciplinary standard documents of non-operational Internet information service to Party B.
2. Should NAFMII, the operating procedures of the NAFMII Platform, or such documents are inconsistent with the fact, elements therein are unclear or incomplete, signatures or seals thereon are unclear or incomplete, Party A plan to provide electronic bulletin service, a special application or special filing shall be entitled to ask Party B to submit them again. If the documents submitted by Party B violate or are suspected of violating relevant laws and regulations, and self-disciplinary standard documents of NAFMII, Party A shall be entitled to the relevant departments report to NAFMII in accordance with the self-disciplinary management requirements of NAFMII.
2. Party A shall have the right to monitor the business activities conducted by Party B through the NAFMII Platform, and report to NAFMII of Party B's behaviors that violate or are suspected of violating relevant laws and regulations regulations, and self-disciplinary standard documents of NAFMII. In case of any abnormalities, Party A shall be entitled to take proper risk control measures in accordance with specific provisions of the People’s Republic of Chinaoperating procedures, and shall provide including without limitation to suspending the related proofs of the special application or special filingservices under this Agreement.
3. When accepting the business application offline submitted by Party A’s B, Party A shall be entitled to decline the application submitted by Party B that do not meet the business requirements of Party A.
4. Party A shall, based on the selection of Party B, provide Party B with services of account opening in the NAFMII Platform, system account information operation must conform to the “Administrative Procedure for Internet Information Service”maintenance, “Administrative Provision for Internet Electronic Bulletin Service”subsequent management of system accounts, and other etc. in accordance with relevant laws and regulations regulations, and self-disciplinary standard documents of NAFMII, the operating procedures of the People’s Republic of China. Party A shall not engage in any illegal operation NAFMII Platform and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices other policies and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public networkprocedures.
5. Party A shall comply shall, based on the business demands of Party B, grant the business qualifications to Party B, set up the administrative rules of mechanical room of system administrators for Party B and shall assure provide Party B with the safety services relating to the NAFMII Platform under this Agreement in accordance with relevant laws and regulations, and self-disciplinary standard documents of its information server equipment NAFMII, the operating procedures of the NAFMII Platform and information contentother policies and procedures.
6. Party A shall pay be responsible for the fees establishment of relevant offline business plans, and with relevant policies and requirements, through the NAFMII Platform, the designated websites or in other appropriate ways, shall notify Party B or provide Party B with relevant supporting services through business offline when system failure of the NAFMII Platform occurs and cannot be recovered in time. Party A shall notify Party B of the recovery of such systems to normal through the NAFMII Platform, the designated websites or in other appropriate ways. When Party B applies to Party B A for operating the business offline in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computerrelevant procedures, Party A shall provide accurate contact telephone number to conduct the operation through the NAFMII Platform in strict compliance with the application of Party B.
7. Party A shall notify Party B for confirmation. Should of the telephone number provided operating procedures of the NAFMII Platform through the NAFMII Platform, the websites designated by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all lossesin other appropriate ways.
8. Party A shall be fully liable for any illegal provide Party B with business operation leading to damage of Party B’s equipment. The compensation shall be limited consultancy, training and other services as agreed upon by both parties separately based on the repurchase cost applications and relevant business of the damaged equipment NAFMII Platform. Party A shall provide Party B with technical support, be responsible for maintaining and hardwareupgrading the NAFMII Platform, and shall not include guarantee the relevant software, databanks, stability and normal operation of the similar configurationsNAFMII Platform.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process strictly keep confidential the basic information and relevant filing procedure in Beijing Computer Security Inspection Department. The contact operating information of Beijing Computer Security Inspection Department is Wang QiParty B, unless otherwise specified by laws and regulations, and the telephone number is 00000000this Agreement.
10. Party A shall xxxx the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom properly preserve relevant documents and materials of the homepage of SOHU website. Furthermore, in pursuance to the consultation between Party B and Party A, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations business under this Agreement in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo and the textual length must meet the website requirement of Party A.
11. Party A promises that the exclusive line provided its archives administrative measures, for future reference by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.B.
Appears in 1 contract
Samples: Customer Service Agreement
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy of business license for Internet information service added value communication operation Value-Added Telecommunications Services Operating License or a related proof of filing of non-operational operating Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments authorities in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees make payment to Party B in accordance with the amount, due date, date and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of the host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all related losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer Security Inspection Department. The contact of Beijing Computer Security Inspection Department is Wang Qi, and the telephone number is 00000000.
109. Party A shall xxxx be fully liable for any incorrect operation leading to damage of Party B’s equipment. The compensation shall be limited to the phrase “Network bandwidth provided by IDC of Beijing Communication Company “ on the bottom replacement cost of the homepage of SOHU website. Furthermoredamaged equipment and hardware, in pursuance to excluding the consultation between Party B and Party Arelevant software, Party A shall promptly place the related advertisements and “logo” of Party B at distinct locations in accordance with the requests of Party B. Party B shall inform Party A at least 5 days in advance. The dimension of logo databanks, and the textual length must meet the website requirement of Party A.similar configurations.
1110. Party A promises that the exclusive line provided by Party B shall only be used for hosting server maintenance and data update and shall not be used for connection to Internet.
11. Should Party A applies services from Party B, relevant services orders shall be signed between both parties.
Appears in 1 contract
