Work Interface and Maintenance. 6.1 During the term hereof, each of the Parties shall be solely responsible for maintenance of its own interface that is divided by Equipment Connection Point. The work and maintenance interface of each of the Parties are indicated in the diagram as follows: 6.2 Party A’s Maintenance Responsibilities 6.2.1 Party A shall contribute the software and hardware systems as necessary for its Mobile Communication Network and Value-added Service Platform. 6.2.2 Party A shall cooperate with Party B to connect Party A’s various Gateways or servers to the communication lines of Party B’s servers. 6.2.3 Party A shall be responsible for providing Party B with its standards for technology protocol and interface with respect to the Value-added Service. 6.2.4 Party A shall be responsible for maintaining the normal operation of network communication that are within the responsibility of Party A as shown in the diagram above, and assume responsibilities for network failures other than those attributable to Party B’s reasons. Party A shall have the right to restrict the transmission of any abnormal overloads of data or information which may affect the operation security of Party A’s network. 6.2.5 Party A shall have the right to control and adjust the Data Flow and Port of the Maintenance Interface that belongs to Party A, and notify Party B of the result thereof. 6.2.6 Party A shall have the right to conduct necessary testing and data statistics from time to time during the service operation period with respect to such services provided by Party B, and, based on the testing results, require Party B to carry out rectification in accordance with Party A’s Mobile Value-added Services management procedures. 6.2.7 Party A shall be responsible for providing Party B with the statistics of Data Flow with respect to Party B’s use of Communication Channels, and ensure the reliability and timeliness of such statistics. 6.2.8 Party A shall give a notice to Party B as soon as practicable prior to any transmission interruption caused by the debugging and maintenance of the Gateways or other network equipment or due to other foreseeable reasons, including specific reasons, time and period for interruption. 6.2.9 Party A shall ensure that Party B will be given notice within reasonable time upon the occurrence of any transmission interruption caused by problems with Gateways or other networks or any other unforeseeable reasons. 6.3 Party B’s Maintenance Responsibilities 6.3.1 Party B shall be solely responsible for the construction and maintenance of its own systems, including any work and cost involved in all the hardware equipment, system debugging, activation, and System Maintenance with respect to the performance of the Mobile Value-added Services hereunder in this Agreement. 6.3.2 Party B shall be responsible for the interconnection between Party B’s system and Party A’s various Gateways or servers, and shall be responsible for the application for, lease and maintenance of relevant communication lines, and any costs and expenses with respect thereto. 6.3.3 Party B shall ensure that no debugging, activation and maintenance of its system shall be conducted at Party A’s busy hours, and operations that might affect the Subscribers substantially shall be conducted at midnight such that the Subscribers’ use of the Mobile Value-added Services might be affected to a minimum extent. Party B shall ensure that normal functioning of Party A’s network will not be affected by the aforesaid operations, and shall assume any liability for any damages to Party A’s work arising therefrom. 6.3.4 Party B shall provide Party A with prior notice in writing or in other appropriate forms (e.g. through SP Service System) of the debugging, activation and modification of its system, and shall upon receipt of Party A’s confirmation notify the Subscribers of the same through effective ways such as mails, advertisement, or short message, etc. and shall ensure minimum impact upon the Subscribers. 6.3.5 Party B shall accept such adjustments on Data Flow as made by Party A in case of emergency to ensure the normal and stable conditions of various Value-added Services. 6.3.6 Party B shall, at its transmission of various data or information to Party A’s Communication Platform, ensure that the Data Flow will not cause any damage to the safe load of network. Party A shall have the right to restrict the transmission of any abnormal overloads of data or information with negative impact on the operation security of Party A’s network. 6.3.7 Party B shall provide 24-hour uninterrupted System Maintenance.
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Samples: Mobile Value Added Service Cooperation Agreement (Hurray! Holding Co., Ltd.), Mobile Value Added Service Cooperation Agreement (Hurray! Holding Co., Ltd.)
Work Interface and Maintenance. 6.1 During the term hereofof this Agreement, each Party A and Party B shall take the point of junction as the Parties shall boundary and respectively be solely responsible for the maintenance of its own interface that is divided by Equipment Connection Pointtheir interfaces. The work and maintenance interface of each of the Parties are indicated in the diagram two parties will be shown as follows:
6.2 Party A’s Maintenance Responsibilities's maintenance responsibilities
6.2.1 Party A shall contribute be responsible for the maintenance of the hardware and software system affiliated to Party A's communication network and hardware systems as necessary for its Mobile Communication Network and Valuevalue-added Service Platformservice platform.
6.2.2 Party A shall cooperate with assist Party B in connecting Party B's server to connect Party A’s various Gateways 's gateway or servers to the communication lines of Party B’s serversserver.
6.2.3 Party A shall be responsible for providing Party B with open its technology agreement standards for technology protocol and interface with respect standards relating to the Valuevalue-added Service.services to Party B.
6.2.4 Party A shall be responsible for maintaining the normal operation communication of network communication that are within the responsibility assets of Party A as shown indicated in the foregoing diagram above, and assume responsibilities shall be responsible for the network failures failure of Party A due to any other than those attributable reason which is not ascribable to Party B’s reasons. B.
6.2.5 As to the data of abnormal overload or information transmission which may affect Party A's network operation safety, Party A shall have has the right to restrict the transmission of any abnormal overloads of data or information which may affect the operation security of Party A’s networksuch transmission.
6.2.5 6.2.6 Party A shall have has the right to control and adjust the Data Flow data traffic and Port port of the Maintenance Interface that belongs to maintenance interface of Party A, and nevertheless Party A shall notify Party B of the result thereofresults.
6.2.6 6.2.7 Party A shall have has the right right, based on requirements and during the operation of the services, to conduct carry out necessary testing and data statistics for the services provided by Party B from time to time during the service operation period with respect to such services provided by Party B, andand may, based on the testing results, require Party B to carry out rectification rectify in accordance with Party A’s Mobile Value's telecom value-added Services management proceduresservice administration regulations.
6.2.7 6.2.8 Party A shall be responsible for providing Party B with the statistics of Data Flow with the data in respect to of the unbalanced traffic used by Party B’s use B via Party A's communication channel (the unbalanced traffic data in respect of Communication Channels, Unicom wireless data service and ensure the reliability MMS) and timeliness of provide such statistics.
6.2.8 Party A shall give a notice data to Party B as soon as practicable prior to any transmission interruption caused by the debugging and maintenance of the Gateways or other network equipment or due to other foreseeable reasons, including specific reasons, time and period for interruptionin time.
6.2.9 Party A shall ensure that shall, prior to any suspension of transmission due to any foreseeable reason such as the commissioning, updating, disconnection, maintenance of the platforms or any other equipment of Party A or any other similar reason, notify Party B will be given notice in advance within reasonable time upon period of the occurrence reason, time and period of the suspension. Party A will not be liable for any transmission interruption caused by problems with Gateways or other networks breach or any other unforeseeable reasons.responsibilities for any loss incurred or potentially incur to Party B.
6.3 Party B’s Maintenance Responsibilities's maintenance liabilities
6.3.1 Party B shall be solely responsible for the construction and maintenance of its own systems, including any work but not limited to the installation, commissioning, opening, launch and cost involved in daily maintenance of all the hardware equipment, system debugging, activation, and System Maintenance with respect to the performance of the Mobile Value-added Services hereunder in equipment under this Agreement.
6.3.2 Party B shall be responsible for the interconnection between Party B’s system and Party A’s various Gateways or servers, and shall be responsible for the application for, lease of and maintenance of relevant interconnection with any communication lines, and any costs and expenses with respect theretolines required under this Agreement.
6.3.3 Party B shall bear the costs for the hosting of the system required by the telecom value-added services under this Agreement to Party A's IDC machine room and the line lease costs.
6.3.4 Party B shall ensure that no debuggingParty A is notified in writing five working days in advance of any system commissioning, activation opening and system maintenance which may affect the normal use of its services by users, and specify such contents as the extent, scope, time and other contents which may affect the service. Such commissioning, opening and system shall maintenance may only be conducted at carried out to the extent Party A’s busy hours, and operations that might affect the Subscribers substantially shall be conducted at midnight such that the Subscribers’ use of the Mobile Value-added Services might be affected to a minimum extent's approval is obtained. Party B shall ensure that the foregoing work will not affect the normal functioning operation of Party A’s 's network will not be affected by and take all the aforesaid operations, and shall assume any liability liabilities for any damages default thus caused to Party A’s work arising therefrom's network system.
6.3.4 Party B shall provide Party A with prior notice in writing or in other appropriate forms (e.g. through SP Service System) of the debugging, activation and modification of its system, and shall upon receipt of Party A’s confirmation notify the Subscribers of the same through effective ways such as mails, advertisement, or short message, etc. and shall ensure minimum impact upon the Subscribers.
6.3.5 Party B shall accept such adjustments on Data Flow as made by Party A in case of emergency to ensure the normal and stable conditions of various Value-added Services.
6.3.6 Party B shall, at its transmission of various data or information to Party A’s Communication Platform, ensure that the Data Flow will not cause any damage to the safe load of network. Party A shall have the right to restrict the transmission of any abnormal overloads of data or information with negative impact on the operation security of Party A’s network.
6.3.7 Party B shall provide 24-hour uninterrupted System Maintenance.
Appears in 1 contract
Samples: Whole Network Value Added Service Sp Cooperation Agreement (Kongzhong Corp)
Work Interface and Maintenance. 6.1 5.1 During the term hereof, each of the Parties shall be solely responsible for maintenance of its own interface that is divided by Equipment Connection Point. The work and maintenance interface of each of the Parties are indicated in the diagram as follows:
6.2 5.2 Party A’s Maintenance Responsibilities
6.2.1 5.2.1 Party A shall contribute the software and hardware systems as necessary for its Mobile Communication Network and Value-added Service Platform.
6.2.2 5.2.2 Party A shall cooperate with Party B to connect Party A’s various Gateways or servers to the communication lines of Party B’s servers.
6.2.3 5.2.3 Party A shall be responsible for providing Party B with its standards for technology protocol and interface with respect to the Value-added Service.
6.2.4 5.2.4 Party A shall be responsible for maintaining the normal operation of network communication that are within the responsibility of Party A as shown in the diagram above, and assume responsibilities for network failures other than those attributable to Party B’s reasons. Party A shall have the right to restrict the transmission of any abnormal overloads of data or information which may affect the operation security of Party A’s network.
6.2.5 5.2.5 Party A shall have the right to control and adjust the Data Flow and Port of the Maintenance Interface that belongs to Party A, and notify Party B of the result thereof.
6.2.6 5.2.6 Party A shall have the right to conduct necessary testing and data statistics from time to time during the service operation period with respect to such services provided by Party B, and, based on the testing results, require Party B to carry out rectification in accordance with Party A’s Mobile Value-added Services management procedures.
6.2.7 5.2.7 Party A shall be responsible for providing Party B with the statistics of Data Flow with respect to Party B’s use of Communication Channels, and ensure the reliability and timeliness of such statistics.
6.2.8 5.2.8 Party A shall give a notice to Party B as soon as practicable prior to any transmission interruption caused by the debugging and maintenance of the Gateways or other network equipment or due to other foreseeable reasons, including specific reasons, time and period for interruption.
6.2.9 5.2.9 Party A shall ensure that Party B will be given notice within reasonable time upon the occurrence of any transmission interruption caused by problems with Gateways or other networks or any other unforeseeable reasons.
6.3 5.3 Party B’s Maintenance Responsibilities
6.3.1 5.3.1 Party B shall be solely responsible for the construction and maintenance of its own systems, including any work and cost involved in all the hardware equipment, system debugging, activation, and System Maintenance with respect to the performance of the Mobile Value-added Services hereunder in this Agreement.
6.3.2 5.3.2 Party B shall be responsible for the interconnection between Party B’s system and Party A’s various Gateways or servers, and shall be responsible for the application for, lease and maintenance of relevant communication lines, and any costs and expenses with respect thereto.
6.3.3 5.3.3 Party B shall ensure that no debugging, activation and maintenance of its system shall be conducted at Party A’s busy hours, and operations that might affect the Subscribers substantially shall be conducted at midnight such that the Subscribers’ use of the Mobile Value-added Services might be affected to a minimum extent. Party B shall ensure that normal functioning of Party A’s network will not be affected by the aforesaid operations, and shall assume any liability for any damages to Party A’s work arising therefrom.
6.3.4 5.3.4 Party B shall provide Party A with prior notice in writing or in other appropriate forms (e.g. through SP Service System) of the debugging, activation and modification of its system, and shall upon receipt of Party A’s confirmation notify the Subscribers of the same through effective ways such as mails, advertisement, or short message, etc. and shall ensure minimum impact upon the Subscribers.
6.3.5 5.3.5 Party B shall accept such adjustments on Data Flow as made by Party A in case of emergency to ensure the normal and stable conditions of various Value-added Services.
6.3.6 5.3.6 Party B shall, at its transmission of various data or information to Party A’s Communication Platform, ensure that the Data Flow will not cause any damage to the safe load of network. Party A shall have the right to restrict the transmission of any abnormal overloads of data or information with negative impact on the operation security of Party A’s network.
6.3.7 5.3.7 Party B shall provide 24-hour uninterrupted System Maintenance.
Appears in 1 contract
Samples: Mobile Value Added Service Cooperation Agreement (Hurray! Holding Co., Ltd.)
Work Interface and Maintenance. 6.1 4.1 During the term hereofof this Agreement, each Party A and Party B shall take the point of the Parties shall be solely responsible for maintenance of its own interface that is divided by Equipment Connection Pointjunction as boundary to maintain their respective interface. The work and maintenance interface of each of the Parties for Party A and Party B are indicated shown in the diagram as followsfollowing diagram:
6.2 4.2 Party A’s Maintenance Responsibilities's maintenance responsibilities
6.2.1 Party A shall contribute the software and hardware systems as necessary for its Mobile Communication Network and Value-added Service Platform.
6.2.2 Party A shall cooperate with Party B to connect Party A’s various Gateways or servers to the communication lines of Party B’s servers.
6.2.3 4.2.1 Party A shall be responsible for providing the investment of the hardware and software system affiliated to Party A's mobile communication network and its Value-Added Service platform.
4.2.2 Party A shall assist Party B with in connecting Party B's server to Party A's gateway or server.
4.2.3 Party A shall open its standards for technology protocol technical protocolstandards and interface with respect standards relating to the ValueitsValue-added Service.Added Services to Party B.
6.2.4 4.2.4 Party A shall be responsible for maintaining the normal operation communication of the network communication that are within the responsibility of Party A as shown in and shall be responsible for its network failure due to any other reason on the diagram abovepart of Party B. As to the data of abnormal overload or information transmission which may affect Party A's network operation safety, and assume responsibilities for network failures other than those attributable to Party B’s reasons. Party A shall have has the right to restrict the transmission of any abnormal overloads of data or information which may affect the operation security of Party A’s networksuch transmission.
6.2.5 4.2.5 Party A shall have has the right to control and adjust the Data Flow data traffic and Port port of the Maintenance Interface that belongs to maintenance interface of Party A, and nevertheless Party A shall notify Party B of the result thereofresults.
6.2.6 4.2.6 Party A shall have has the right right, based on requirements and during the operation of the services, to conduct carry out necessary testing and data statistics for the services provided by Party B from time to time during the service operation period with respect to such services provided by Party B, andand may, based on the testing results, require Party B to carry out rectification rectify in accordance with Party A’s Mobile Value-added Services management procedures's related administrative measures.
6.2.7 4.2.7 Party A shall be responsible for providing provide Party B with the statistics of Data Flow with respect to regarding the data traffic used by Party B’s use of Communication ChannelsB via communication channel, and ensure the reliability and timeliness of such statistics.
6.2.8 4.2.8 Party A shall give a notice to shall, as early as possible, notify Party B as soon as practicable prior in advance of any suspension of transmission due to any transmission interruption caused by the debugging and testing or maintenance of the Gateways gateway or other network equipment equipment, or due to any other foreseeable reasonspredictable reason, including specific reasonsthe reason, time and period for interruptionof the transmission suspension.
6.2.9 4.2.9 At the time of any suspension of transmission due to the failure of gateway or other network failure, Party A shall ensure that notify Party B will be given notice in time within reasonable time upon the occurrence of any transmission interruption caused by problems with Gateways or other networks or any other unforeseeable reasonslimit.
6.3 4.3 Party B’s Maintenance Responsibilities's maintenance liabilities
6.3.1 4.3.1 Party B shall be solely responsible for the construction and maintenance of its own systems, including any work and cost involved in but not limited to all the hardware equipment, system debuggingcommissioning, activationopening, system maintenance and System Maintenance related costs with respect regard to the performance of the Mobile Value-added Added Services hereunder in under this Agreement.
6.3.2 4.3.2 Party B shall be responsible for the interconnection between connection of Party B’s 's system and to Party A’s 's various Gateways gateway or servers, servers and shall be responsible for the application forapplication, lease and maintenance of relevant related communication lines, and any costs and expenses with respect theretoundertake corresponding costs.
6.3.3 4.3.3 Party B shall ensure guarantee that no debuggingits system commissioning, activation opening and maintenance will not be implemented at the busy time of its system Party A's business and any work which may cause relatively big impact on Users shall be conducted at Party A’s busy small hours, and operations that might affect to mitigate the Subscribers substantially shall be conducted at midnight such that the Subscribers’ impact on Users' use of the Mobile mobile Value-added Added Services might be affected to a minimum extentas best as practical. Party B shall ensure that the implementation of such work will not affect the normal functioning operation of Party A’s 's network and will not be affected by the aforesaid operations, and shall assume any liability take corresponding liabilities for any damages failure thereby caused to Party A’s work arising therefrom's network system.
6.3.4 4.3.4 Party B shall provide must notify Party A with prior notice of its system commissioning, opening and maintenancein advance, in writing or in any other appropriate forms means (e.g. for example, through SP Service System) of the debugging, activation and modification of its system), and Party A shall upon receipt of Party A’s confirmation notify forward such notice to Users, to mitigate the Subscribers of impact on Users to the same through effective ways such as mails, advertisement, or short message, etcgreatest extent. and shall ensure minimum impact upon the Subscribers.
6.3.5 Party B shall accept such adjustments on Data Flow as agrees to the adjustment made by Party A in case of emergency to ensure data traffic for ensuring the normal operation and stable conditions stability of various Valuevalue-added Servicesservices under emergencies.
6.3.6 4.3.5 Where Party B shall, at its transmission of various sends any data or information to Party A’s Communication Platform's communication platform, Party B shall ensure that the Data Flow data traffic will not cause any damage to the safe load of network. With regard to any abnormal overload data or information transmission which may affect the safe operation of Party A's network, Party A shall have has the right to restrict the transmission of any abnormal overloads of data or information with negative impact on the operation security of Party A’s networktransmission.
6.3.7 4.3.6 Party B shall ensure that it will provide 24-7*24 hour uninterrupted System Maintenancesystem maintenance and be responsible for all the losses and liabilities of Users or other third party.
Appears in 1 contract
Samples: Mobile Value Added Service Agreement (Kongzhong Corp)