全球e站通服务协议
1 Service Renewal
1.1 Party A shall pay the full amount of the Platform Service Fee for the next service year to Party B before the expiration date, and shall re-complete the enterprise identity authentication.
1.2 If Party A fails to pay the Platform Service Fee for the next service year before the expiration date, Party B shall deem that Party A automatically terminates the Platform Service on the expiration date. Party B may terminate Party A’s use of the Global eLink System and the technical services of the Global eLink System immediately at any time on or after the day following the expiration date (without prior notice).
2 Rights and Obligations of Party A
2.1 Within three (3) working days from the date of signing this Agreement, Party A shall pay the full amount of the Platform Service Fee to Party B and provide the account opening information as required by Party B. After receiving the account opening information, Party B shall activate the Global eLink System account for Party A and commence the service within three (3) working days from the date when the Platform Service Fee paid by Party A arrives at Party B’s designated account. The activation time of Party A’s account (the “Service Commencement Date”) shall be based on the time when Party B activates the Global eLink System account for Party A.
2.2 After Party A pays the Platform Service Fee to Party B in accordance with this Agreement and provides complete account opening information, Party A has the right to request Party B to provide the services included in the Global eLink System package (details of the package content can be viewed in the Global eLink System – Member Center), and Party A shall have the right to use the Global eLink System.
2.3 When Party A first logs into the Global eLink System, Party A authorizes its administrator to sign relevant electronic agreements of the Global eLink Platform on behalf of Party A.
2.4 Party A shall not permit any third party to use its Global eLink System service account and password to log into or use the Global eLink System, nor shall it transfer or lend its Global eLink System account or password to others.
3 Rights and Obligations of Party B
3.1 Party B shall provide paid Platform Services to Party A in accordance with this Agreement and ensure the continuity of the services during the service period.
3.2 Party B shall provide Party A with account activation, online usage guidance, and after-sales services (including timely response and resolution of after-sales issues raised by Party A) for the Global eLink System.
3.3 Once the Global eLink System membership service is successfully purchased or the account function is successfully topped up, Party B will not provide any refund service except as required by law or as otherwise agreed in this Agreement.
4 Representations and Warranties
4.1 Both parties shall ensure that the information and materials provided to the other party, and all information contained therein including intellectual property rights, comply with legal requirements.
4.2 Party A undertakes that: (i) all operations or actions performed on the Global eLink System and all stored or published content strictly comply with national laws and regulations, Global eLink Platform rules, and other relevant platform rules; (ii) it will not use the Global eLink System for illegal purposes; and (iii) the content published does not infringe upon the rights of any third party. If Party A violates the above undertakings, Party A shall bear full responsibility for the consequences arising from such violation, and Party B has the right to block all of Party A’s accounts without notice to Party A. Party A may appeal to Party B within 48 hours after the account is blocked. If necessary, Party B may report or complain to relevant state authorities, and the relevant losses and liabilities shall be borne by Party A.
4.3 Party A undertakes to follow Party B’s operating instructions when using the Global eLink System. If Party A causes system failure due to improper operation, or collects, stores, uses, transfers, sells, or processes data in the Global eLink System software service by technical means (including automatic recording using its own or third-party tools) or by other illegal means, Party B has the right to prohibit the use of the account without lifting the block under any circumstances.
4.4 Party A undertakes and confirms that it has the legal capacity and行为能力 (competence) to sign this Agreement and to use the Global eLink System and the technical services of the Global eLink System, and that it will provide true, legal, accurate and valid information and materials to Party B, and ensure the validity and security of the content including but not limited to email address, contact phone number, contact address, company bank account number, etc., so that Party B can contact Party A through the above contact information. At the same time, Party A shall timely update relevant information and materials when they actually change.
4.5 Party A shall properly keep its account, password and other information for logging into the Global eLink System, designate dedicated personnel to operate it, and shall back up any information uploaded, sent, downloaded or used through the Global eLink System (whether public or non-public) as needed. Operations performed under Party A’s account in the Global eLink System shall be deemed as operations performed by the legal entity corresponding to Party A.
4.6 Data stored by Party A during the use of the Global eLink System will be protected by security measures during the service period, including backup of data on other servers, encryption of data, etc. Party B only guarantees, within the existing technical level of the Global eLink System, that Party A’s data will not be disclosed, lost, deleted, misused or altered. Party A acknowledges and agrees to bear the relevant risks arising from causes beyond the existing technical level of the Global eLink System. Party A acknowledges and agrees that relevant data will be retained during its use of the Global eLink System, and the storage service of relevant data is provided by a third-party service provider. Party B has the right to determine, at its sole discretion according to actual circumstances, the maximum storage period of Party A’s data and the maximum storage space allocated to it on the server. In addition to the various security measures taken by Party B to ensure data security, Party A shall also take reasonable and secure technical measures to store the data generated by using the Global eLink System, ensuring its security.
5 Confidentiality
5.1 Non-public information such as business information and technical materials learned during the performance of this Agreement shall be kept strictly confidential. Unless otherwise provided by laws or regulations, neither party shall disclose, disseminate or transfer such information to any third party by any means.
5.2 The confidentiality obligations under this Section 5 shall survive any change, termination or expiration of this Agreement and remain permanently valid for both parties.
6 Force Majeure and Disclaimer
6.1 If an earthquake, typhoon, flood, fire, epidemic, war, strike, hacker attack, technical adjustment or failure of a telecommunications carrier or server provider, or any other objective circumstance that cannot be foreseen, avoided or overcome (“Force Majeure”) directly prevents either party from performing or fully performing this Agreement, the time for performance by the affected party shall be extended accordingly. Neither party shall be liable for any loss caused thereby. If either party is unable to perform this Agreement due to Force Majeure, it shall promptly notify the other party to mitigate the loss that may be caused to the other party, and shall provide proof within a reasonable period. If the effect of Force Majeure continues for 30 days without being eliminated, either party has the right to terminate this Agreement by written notice to the other party.
6.2 If Party A’s data is damaged or lost due to Party B’s malicious, intentional or grossly negligent actions, Party B shall bear the liability.
7 Termination, Default and Dispute Resolution
7.1 This Agreement shall terminate under the following circumstances:
(i) by mutual agreement of both parties; or
(ii) upon expiry of the term of this Agreement, where the parties have not reached an agreement on extending the term.
7.2 If either party (the “Breaching Party”) fails to perform any of its obligations hereunder, or fails to abide by any of its undertakings made herein, or if any representation or warranty made by either party herein is untrue or has a material omission, it shall be deemed a default. If such default cannot be remedied, or if it can be remedied but the Breaching Party fails to make a remedy satisfactory to the other party within a reasonable period specified by the other party, the other party has the right to terminate this Agreement by written notice to the Breaching Party.
7.3 Unless otherwise agreed herein, if the non-breaching party suffers any direct economic loss due to any default of either party, the defaulting party shall compensate the non-breaching party for such loss. In the event of any claim arising from any incident, Party B’s aggregate liability under this Agreement shall not exceed the total annual Platform Service Fee paid by Party A to Party B in the year in which the incident occurred.
7.4 Any dispute or disagreement of any nature arising out of or in connection with this Agreement or any agreement described herein, including disputes arising from issues relating to the existence, interpretation, understanding, validity, termination or performance of this Agreement or any agreement described herein, shall be settled through negotiation between the parties. If negotiation fails, either party may bring a lawsuit to the competent people’s court in the place where Party B is located.
8 Miscellaneous
8.1 This Agreement shall take effect from the date of signing by both parties and the full payment of the Platform Service Fee by Party A in accordance with Article 2.1 of Part 2: Service Terms hereof. This Agreement is executed in two (2) copies, with each party holding one (1) copy, both having equal legal effect.
8.2 Unless otherwise agreed herein, once the Global eLink System membership service is successfully purchased or the account function is successfully topped up, Party B will not provide any refund service.
8.3 The relevant appendices to this Agreement and the Global eLink Platform rules are integral parts of this Agreement and have the same legal effect as the main body of this Agreement. If there is a supplementary agreement to this Agreement, it shall become effective after being signed by both parties through consultation, and such supplementary agreement shall become an integral part of this Agreement.
8.4 The headings of this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision of this Agreement.
8.5 Except for the areas in Part 1: Business Terms and the signature page where handwritten information is required (including but not limited to the lines, the company name, number of years, number of days, quantity, amount in words and figures, date, account number, invoicing information, key service information, signatures of the parties, and checkboxes), any handwritten content in other parts of this Agreement shall be invalid.