Agreement terms Isoftvalley provides service according to "isoftvalley service agreement
"(hereinafter referred to "this Agreement "), this Agreement has the effect of contract.
Please read this Agreement carefully, accept it after your review or do not accept
this Agreement (minors should be accompanied by the legal guardian) before become
registered members. If you have already registered as a member of this website,
which means you have read, understood and agreed with this agreement with isoftvalley,
and you will be subject to the terms of this agreement. Isoftvalley has the right
to change this agreement at any time and to make a public announcement on this website.
Once the terms and conditions of this website are published, it shall automatically
come into effect immediately. If you do not agree with the relevant changes, you
must stop using this site. This agreement includes the text of the agreement and
all kinds of rules and regulations issued by isoftvalley. All rules are an integral
part of this agreement, and shall have the same legal effect as the text of this
agreement. As soon as you continue to use this site means you will accept and voluntarily
comply with the revised terms and conditions.
1 Membership
1.1 Only natural persons or legal persons who meet one of the following conditions
can apply to become a member of this website and use the site's services;
1.2 The natural person is at least eighteen years old, and with the capacity for
civil rights and civil capacity;
1.3 The person who without civil capacity or limit civil capacity should ask for
his\her guardian’s agreement;
1.4 The establishment and legal existence organizations, enterprises, institutions,
associations and other organizations according to Chinese laws, regulations, administrative
rules and regulations. Unit or organization who no doesn't has legal person qualification
shall not be registered as a member of this site, the agreement between the site
would be ineffective once the site found out, isoftvalley has the right to immediately
write off the member, and to investigate all legal responsibility in the use of
this web site services.
1.5 Members need to provide a clear contact address and contact phone, and provide
real name.
2 Service content
2.1 Custom service: refers to the seller to use its network technology and other
advantages, to provide online software customized technical services according to
the buyer's demand for the project.
2.2 The software seller authorized the buyer to use is use only, the buyer shall
not crack in violence.
2.3 Extended warranty plans: within the service cycle,the seller should provide
free service and technical support by telephone, instant communication tools, network
remote assistance and so on; in addition to the relevant laws and regulations, the
mandatory provisions, according to the specific circumstances of the project, take
period that buyers and sellers both sides agreed as the standard.
3 Order confirmation and payment
The order confirmation mechanism of this website includes order mode, project mode
and other unknown mode.
3.1 Recognition mechanism of order mode:the user to buy products and pay, the seller
receives the order through the order log to confirm. Order mode supports a variety
of payment methods such as lump sum payment, installment, lease and so on.
3.2 Recognition mechanism of project mode: the user submits the customized project
requirement, confirm the project demand list according to the project stage payment,
the seller receives the project demand to carry on the project development. Project
mode support payment according to the project stage order.
(1) The site platform to generate a list of requirements and quotations according
to the demand.when the buyer clicks on "confirm the order", that is, the buyer to
confirm the demand for the project. The seller must complete the project development
in accordance with the order requirements.
(2) When the phase of the project task is completed, the buyer can submit requirements
changes views, the system builds the project change requests list and quotation,
when the buyer click "confirm submit orders", it means that the buyer to confirm
project change requests. The seller must complete the project change according to
the change order demand.
(3) Accordance to the P0, P1, P2, P3, P4 development projects, each stage has independent
demand, orders and contracts, the buyer is based on the stage of the order and the
full cost of the contract, the seller receives the stage orders and costs in accordance
with the contract stage of the project development. Buyer phase payment for project
stage order fee, non entire project pre deposit. Buyers can be considered the seller's
service level to choose to continue or terminate the follow-up phase.
3.3 Other unknown modes of the confirmation mechanism to the user to submit the
demand, the system to assess the buyer after the start of the project payment.
4 Contract
4.1 The sellers of the site consists of self project team and the third party project
team, a striking mark will be used to distinguish them. For this website's self
project team, our site will be responsible for it. For the third party project team,
our site is only responsible for regulatory responsibility. Buyers can choose one
of them according to their actual needs.
4.2 The contract is subject to the standard of the system which automatically generated.
4.3 If any of the following circumstances occurs, it may be considered as the termination
or dissolution of the contract:
(1) A party was convicted of bankruptcy or other reasons resulting in insolvency.
(2) The contract has been effectively and fully fulfilled.
(3) Three parties agreed to terminate the contract in advance.
(4) The dissolution or termination of the contract in accordance with the arbitration
award.
5 Project audit, research and development
5.1 Buyers should provide all the information in English or Chinese to the seller,
including electronic text limit doc, TXT format, electronic restrictions on image
JPG, GIF format within 5 working days after the payment of the phase of the contract.
5.2 The seller should start designing the research and development work within 7
working days after all information passed seller's form audit.
5.3 If the information provided by the buyer requires additional translation of
languages (Chinese and English), the seller needs additional assessment of R & D
time and cost of translation. If necessary, the buyer shall coordinate with the
seller to calibrate the translation.
5.4 If after the seller's audit, buyer's demand information is vague, inaccurate,
the seller has the right to ask the buyer to modify, and provide more accurate and
clear demand information and then begin to design and develop. The above period
does not include the time to wait for the buyer to revise and confirm.
6 Acceptance and release
6.1 Seller according to buyer demand design, buyers should visit the website platform
and go to a online confirmation "project after completion of the project stage production,
acceptance"; Under special circumstances, the seller will send a fax to the buyer
"project acceptance list", the buyer should confirm online or in writing after receive
the "project acceptance form" sent by the sellers. Buyers are not online or in writing
to be recognized as accepted and passed.
6.2 The start date of the project task is calculated from the date of completion
of each stage of the buyer's payment. However, no later than the date of the contract
the seller receives the buyer pays the expenses of the seventh natural day.
6.3 The service cycle of the stage project is executed by the date of the start
and end of the buyer seller agreement. Causes delay stage service start date because
of the buyers, the stage of service extended the deadline, related losses should
be responsible by the buyers themselves. Causes delay stage service start date because
of the seller, the phase of the service deadline is not extended.
6.4 Buyers and sellers agree that the actual start and end date of the project stage
take he website platform system publicity time as the standard.
6.5 The buyer is responsible for the coordination of the installation and commissioning
of the environment and assist the seller to debug, to ensure the smooth progress
of the acceptance work. Contract products submitted for approval within 15 calendar
days, if because of the reason for buyers to contract products can not sign acceptance
will be regarded as acceptance.
6.6 The two sides in the acceptance process, if it is found that the products are
not in conformity with the contract, the buyer has the right protest does not conform
to the contract provisions of part of the cost, and through this website to the
seller the online an objection within ten days. If the buyer fails to make an online
or written objection within the prescribed time limit, it shall be deemed to be
in conformity with the provisions of the contract.
6.7 The above period does not include waiting for the buyer to modify and confirm
the time.
7 File storage The file storage service provided by this website only supports the
storage in the project cycle. After the project is completed, the buyer should purchase
their own storage space as soon as possible. Because of overdue or buyers’ poor
in saving the password and account which caused the loss of data, this website is
not responsible. 8 The buyer's rights and obligations
8.1 The buyer shall have the right to use all the contents contained in this contract,
And the right to use the seller in accordance with the provisions of this contract
to optimize or upgrade the contents of the above to provide free services to the
buyer;
8.2 Cooperate with the seller to prepare the system implementation environment (including
database supporting platform);
8.3 The buyer shall be responsible for the provision of product requirements,with
the seller to determine product technical specifications, technical specifications
and product description,and provide the seller with the information, data and information
required to ensure the normal delivery of the goods under this contract;
8.4 The buyer should provide the software and hardware environment needed by the
seller to ensure the requirements of the seller's software running environment,
and provide convenient working conditions for the seller;
8.5 The buyer will use this software strictly under the software license, buyer
can not decrypt the product or let others to decrypt the product;
8.6 In the product installation and commissioning, if there is a third party involved,
the buyer is responsible for cooperate the work of the third party in order to ensure
the smooth installation and normal use of the product;
8.7 The buyer shall have the right to modify its information and materials by itself,
except for the subject qualification information which is certified by the third
party;
8.8 The buyer has the right to ask use documentation to the seller for the product,
and not regular online communication, training organized by the saller;
8.9 The buyer has the right to entrust the third party to carry out follow-up project
development after the completion of the stage project; 8.10 the buyer shall ensure
:
(1)All information provided by the buyer to the seller is true, legitimate ,accurate,
relevant laws and regulations,while the act of engaging in or engaging in behavior
is limited to the capacity and capacity of the buyer through this contract;
(2)the buyer has the legal right and legal authorization can be involved in the
sales information released by the buyer's products or services, and the product
or service does not infringe any third party intellectual property rights or other
legitimate rights;
(3)The main body of the authenticated by the third party qualification information
when there is any change, contact the seller will change the content and authorize
the seller to entrust the third Party Certification;
(4)Not to get others information data by means of unfair competition, not the company
or product makes a false or misleading propaganda;
(5)Strictly confidential and safekeeping the buyer account and password, and agree
to any operation by the buyer's account and password (including but not limited
to release information, click on the online agreement agreed to all kinds of rules,
to renew the contract or purchase other online services, etc.) shall be regarded
as the buyer's behavior,The legal consequences borne by the buyer;
8.11 Buyers should comply with existing and updated website usage terms and any
other site usage rules from time to time.
9 The seller's rights and obligations
9.1 The seller shall cooperate with the buyer to determine the product demand, according
to the technical requirements of the contract to complete the delivery;
9.2 The seller shall notify the buyer in advance delivery needed to run the software
and hardware environment;
9.3 The seller should cooperate with the buyer to debugging and installation of
products, to ensure that the correct installation and use of the software.However,
if the buyer needs the seller to provide additional technical services, the seller
has the right to additional service fees according to the actual task;
9.4 The seller shall have the right to examine and verify the information and materials
provided by the buyer.If determined to violate the relevant laws and regulations,
policy documents, this contract or be inappropriate obviously, the seller have the
right to refuse to stage on relevant requirements to provide technical services
,or request the buyer to modify or delete the related information,or delete the
related information directly by the seller,or the buyer in violation of this paragraph
5 the obligation of guarantee, the seller has the right to verify or the entrusted
this website to verify the relevant information,Refuse to the buyer or not cooperate
to verify, then the seller has the right to terminate this contract of service;
9.5 The seller and the buyer shall have the right to accept any third person about
related complaints of any nature,according to the relevant evidence and reasonable
judgment to make a proper handling complaints,including but not limited to remove
the buyer directly related information etc.The buyer has the obligation to cooperate
to the seller,If the buyer fails to fulfil his obligations with processing, the
seller has the right to terminate this contract of service;
9.6 The seller shall have the right time and in the form of its unilateral decision
elements such as to provide technical services for the buyer, and to make substantial
changes to its contents is not bear the legal liability caused by related products
or services;
9.7 If the buyer in its default associated with the seller or the seller company
conclude a contract of other payables,the seller shall have the right to deduct
the corresponding amount from the buyer's payment items under this contract in order
to offset the partial or total,And change the end period that the buyer purchases
products or services under this contract.
10 This website's rights and obligations
10.1 This website is a platform providing information exchange for the buyer and
the seller,a trading of the buyer releasing requirements and the seller providing
solution.This website does not have to monitor or control the buyers and sellers
of the transaction, and does not take the initiative to intervene in the process
of the transaction;
10.2 This website shall have the duty on the basis of the existing technical level
to ensure the normal operation of the entire online communication platform,and try
to avoid service interruptions or interruptions in the shortest time to ensure the
smooth progress of internet communication between the buyer and the seller;
10.3 This website shall have the duty to make a timely response for the problems
and reactions the buyer and the seller have encountered about transaction or registration
when being registered to use this website's information platform;
10.4 This website has the right to examine the registration information of the buyer
and the seller.For the registered data of any problems or doubt, this website shall
have the right to give notice to ask the buyer and the seller and require the seller
to explain and correct them;
10.5 Because of online transactions on this site,the both parties of the buyer and
the seller produce conflicts with other both parties of the buyer and the seller.The
buyer and the seller shall inform this website disputes ,or this website know dispute
case. Upon examination, this site has the right to to dispute the two sides understand
the dispute through email and telephone contact and the understanding of the situation
by e-mail to inform each other;the buyer and the seller through the judicial organs
in accordance with legal procedures require this website to provide related information,
this website will actively cooperate with and provide relevant information ;
10.6 Because of the particularity of Internet information platform,this website
does not assume to all buyers and sellers of both transactions and in connection
with the transaction of other matters prior review of obligations. But in the event
of the following circumstances, this site has the right consent of both buyers and
sellers to limit buyer and seller’s activity without notification, to both buyers
and sellers to verify relevant information, issued a warning notice, suspend, indefinite
suspension and refusing to provide a service to both the buyers and sellers :
A.After the both parties of the buyer and the seller to authenticate in the name
of a natural person, the certification body is cancel or revoked by the competent
authority;
B.Buyers and sellers are in violation of the relevant rules of this agreement or
into the terms of this contract due to be mentioned;
C.Exist both parties or any other third party inform this website,when thinking
illegal or inappropriate behavior is existing in some parties of buyer and seller
or a specific transaction, and providing the relevant evidence, and this website
couldn't be reached to the certified or validation of the party, this site cannot
be linked to any information provided by the buyer or seller to the buyer or seller
to the buyer;
D.Exist both parties or any other third party inform this website,when thinking
illegal or inappropriate behavior is existing in some parties of buyer and seller
or a specific transaction, and providing the relevant evidence. This website to
determine the relevant content by knowledge level standards for general non professionals,
can clearly identified the contents or behavior may cause financial losses to the
other or the site or legal liability.
10.7 According to the state laws, regulations, administrative rules and regulations,
the contents of this contract terms and the basis of the facts of this site, can
be concluded that the both parties be illegal or in violation of the terms of this
contract and other inappropriate behavior in this website trading platform, this
website shall have the right without the consent of the buyer and the seller in
this website trading platform in the form of network publishing and their website
announced the illegal behavior of the parties, and has the right to terminate the
service at any time to delete information, etc ;
10.8 This website according to the terms of this contract and related rules, can
freeze, use, first pay, refund, disposal of the buyer and the seller deposit and
the freezing of funds in the account of the this website. Because of violations
of the buyers and sellers of the seller's account in accordance with the provisions
of the balance of funds in accordance with the provisions of the buyers and sellers
can apply for withdrawal.
10.9 This website shall have the right without notice under the premise of the buyer
and the seller, delete or other restrictive measures to deal with the following
information:
(1)Including but not limited to for the purpose of cost avoidance;
(2) for the purpose of speculation credit;
(3) the existence of fraud and other malicious or false content;
(4) has nothing to do with the on-line transaction or not to trade for the purpose;
(5) the existence of malicious bidding or other attempts to disrupt the normal trading
order factors;
(6) violation of public interests or the legitimate interests of the seller and
the buyer may seriously damage the site and other buyers.
10.10 This website just service for the buyer and the seller to provide a trading
platform, the legitimacy of the demand for issued by the buyer and the seller, the
authenticity and quality, as well as the ability to trade both parties to fulfill,
this website shall not accept any guarantee responsibility ;
10.11 the website provides links and other Internet sites or resources, both buyers
and sellers may will therefore link to other operators of the site, but it does
not mean that this site with these operators have any relationship. Other operators
are responsible for the operation of the site by the operators, does not belong
to the scope of the site control and responsible. This site shall not be guaranteed
or responsible for any content, advertisement, article, or other information that
exists or is derived from such websites or resources. Due to the use of or reliance
on any such websites or resources released or produced by such websites or resources
to obtain any content, goods or services by any damage or loss, this website is
not negative responsible for any direct or indirect.
10.12 In principle, the website has always been for the online software development
platform, all technical services support, in addition to the legal provisions or
the buyer seller, the third parties agreed otherwise. This site does not accept
the line under the software development model.
11 Honest Trade
11.1 Promises of the buyer, the buyer will abide by the good faith principle, during
the term of this contract, if the buyer in any of the following circumstances, the
buyer agrees to the seller and this site have the right to unilaterally thaw in
advance the contract immediately and this website and/or other media to the public,
at the same time, the seller need not returned to the buyer fails to fulfill its
part of the contract, and need not assume any liability for breach of contract:
(1)Using the services under this contract to engage in fraud or other illegal or
criminal activities;
(2) under the contract of service to calculate and by virus / procedures and other
illegal means to use, steal, delete, modify or increase the website platform site
membership information, or endangering the normal operation of this website in any
other way of;
(3)In the period of validity of the contract to cancel the registration, or have
been revoked business license, was ordered to close or be revoked and other statutory
dissolution of the case;
(4) fraudulent use of others in the name of the contract, or for the conclusion
of the contract, to other people to rent, lend its identity or existence of fake
or altered identity cards act;
(5) In violation of the provisions of the contract, and the seller in writing within
10 working days after the notice is not correct, or accumulated 3 times the illegal
contract;
(6) Of the buyer or its branches, and buyers have branches of the relationship of
the subject or the subject in using the seller or sellers Association website provides
the service process, there is above any of the one or although the above but relates
to the acts of bad faith by the sellers or selling affiliate website to close the
account, no matter whether buyers or its branch or dishonest behavior occurs within
the validity period of the contract.
(7) The buyer hereby declares and guarantees that the information and products provided
shall not contain the following:
(a) Fraud, providing false offer, selling or trying to sell fake and shoddy goods
and other laws and regulations to restrict or prohibit the sale and promotion of
articles;
(b) To infringe or to infringe upon the copyright, patent, trade secret or other
legal rights of the other party to infringe upon the third party;
(c) Violation of relevant laws, regulations, rules or decisions (including but not
limited to national export restrictions, consumer protection, unfair competition
and discrimination or false advertising);
(d) Containing the contents of an insult, libel, intimidation or unlawful harassment;
(e) Containing obscene, or containing any child pornography;
(f) Racial, gender, regional, national, such as physical disability discrimination
or bias;
(g) Containing deliberate damage, malicious interference, secret interception or
occupation of any system, data or personal information of any virus, camouflage
destruction procedures, computer worms, regular program bombs or other computer
programs
11.2 If the buyer violate integrity trading obligations, constitute a serious breach
of contract. the seller has preliminary evidence of or have reasonable reason to
suspect that the buyer may not suspected of good faith transaction, the seller has
the right to unilaterally terminate this contract of service ;
11.3 Without the prior written consent of the seller, the buyer shall not by himself
or entrust others to use, license others to use:the seller and its Associate Company's
enterprise name, brand name, trademark, LOGO, and the seller or its Associate Company's
brand name, trademark, domain name of the same or similar to the domain name, any
other logo;Shall not in any other way to infringe the legitimate rights and interests
of the seller and/or its affiliates ;If the buyer in violation of this agreement,
the seller has the right to unilaterally terminate this contract immediately, and
the buyer shall compensate all losses arising from the seller and its affiliates
so (Including but not limited to investigation fees, legal fees, notarial fees and
attorney fees, etc ),the seller shall have the right to deduct the loss from the
remaining contract fee, if any, in part, the the buyer shall pay compensation in
full.
12 third party certification
12.1 The buyer authorized the seller to entrust the third party to its subject qualification
examination (hereinafter referred to as the "third party certification") and the
obligation to cooperate with the third party certification. The third party certification
buyers subject qualification information buyers English name, buyers own translation,
if the alleged infringement or unfair competition, violates the honest credit principle,
in violation of the principles of text translation or other illegal circumstances,
buyers should resolve itself and bear the corresponding legal responsibility; the
seller has the right to according to the reasonable judgment requires the buyer
to the deadline to be modified or replaced, otherwise the sellers have the right
to stop providing related services support.
12.2 The buyer through the third party certification, the Seller shall, in accordance
with the contract, the contract for the buyer to provide services under this contract;
The buyer fails to pass the certification, the seller has the right to deduct third
party certification fees and other related expenses in accordance with the contract
agreed in accordance with the contract (if any), the remaining contract costs will
be refunded to the buyer.
12.3 The buyer authorized this site for the seller and the buyer of the subject
qualification and credit rating review. That is to say the website according to
the seller and the buyer of the main qualifications and credit rating. Please refer
to the website's credit rating rules to learn rating details.
12.4 This site has the right to refuse, delete, modify the site does not meet the
credit rating of the buyer of the project information and the seller to undertake
the project information or to ask the buyer or the seller for rectification, delete
within 10 working days. About the parties of the buyer and the seller refused to
cooperate or accept the rectification, this site has the right to purchase the items
submitted by the holder of the project order or cancel the seller to undertake the
project. If it is necessary, the site has the right to freeze or seal up the seller
and the seller of the site platform for the registered account and this site platform
payment account. All property losses and legal consequences are borne by both the
buyer and the seller.
13 Intellectual property rights
13.1 In this website to complete transaction, In addition to the provisions of the
law can not be transferred or buyers and sellers agreed, All the related intellectual
property rights involved in the transaction are transferred to the buyer and all
of this website.
13.2 The buyer and the seller of the transaction between the two sides of the project
if the site platform for self modification or upgrading of products completed, and
its intellectual property rights owned by the site. In addition to the provisions
of the law can not be transferred or a third party otherwise agreed, the site has
the right to refuse to transfer intellectual property to the third party.
13.3 The website and the website used by any related software, procedures, content,
including but not limited to products, pictures, files, data, web structure, web
page, web design, through the website or advertisers appear to both buyers and sellers
advertising or information inquiry, by the site or other rights legally entitled
to corresponding intellectual property, including but not limited to copyright,
trademarks, patents or other exclusive rights, protected by the relevant laws. Without
this website platform, web site or the person who has the rights expressly authorized,
buyers and sellers pledged does not modify, lease, lend, sell, distribute the website
and the website used of any of the above information and resources, or make any
kinds of products according to the above information and resources.
13.4 The website is awarded the buyer can not transfer and non exclusive right to
use, so that buyers sellers object code (hereinafter referred to as the "software")
is used by computer, but buyers and do not may not permit any third party copy,
modify, create derivative works, engineering, reverse group translation, or in other
way to decipher or trying to decipher source code, or sell, transfer the software
"or sublicense the software, or to otherwise transfer" software "and any rights.
Buyers agree not to modify the "software" in any way, or to use the modified software".
13.5 The buyer and the seller shall not be used by the interface that not provided
by this website;
14 Confidentiality agreement
14.1 The buyer and the seller guarantee keeping documentation and information(Including
but not limited to business secrets, corporate planning, operational activities,
financial information, technical information, business information and other business
secrets) secret in the process of using the site web;
14.2 Without the consent of the data and documents of the disclosing party, the
buyer and the seller shall not disclose to third parties all or part of the commercial
secrets of the content. But otherwise provided by laws, regulations and administrative
rules or except otherwise agreed by both sides ;
14.3 In principle, all the the site website traded item product for the site website
not confidential.Other than the seller and the third party otherwise agreed by a
separate confidentiality agreement, the secret life of not more than 3 years;
15 Limitation of liability
15.1 Services will be provided according to "current status" and "available" status.This
website here a clear statement, it to service without any express or implied warranties,
including, but not limited to applicability of service, no errors or omissionspersistent,
continuity,reliability, and guarantee, declaration or commitment suitable for a
particular purpose;
15.2 The following situation, the website and the seller shall not be liable can't
service or delay: Due to Internet connection failure, computer, communications or
other system failures, power failures, strikes, labor disputes, riots, insurrection,
riots, productivity or insufficient productive resources, fire, flood, storm, explosion,
force majeure, war, government behavior, the international and domestic court order
or third party reason ;
15.3 The buyer agreed to compensate due to the use of the services (including but
not limited to the the buyer and the seller information display on the the website
website) or in violation of the terms of the contract by the seller and the buyer
(Including the resulting full litigation costs and attorneys' fees). The buyer agree
that this website and the seller do not take responsibility for information that
the other person posted,including libel, aggressive or illegal information; The
loss caused to the buyer by such material shall be borne by the the buyerown.
15.4 Whether or not foreseeable, No matter what form of behavior,this website and
the seller do not take responsibility for any special, direct, indirect, punitive,
sudden or causal damage or any other damage caused by any of the following reasons(including,
but not limited to, loss of profit or interest, business interruption, loss of information)
to assume responsibility.The terms can be extended to the exclusion of the law or
not subject to legal constraints.
(a) Use or not use this service ;
(b) Buy or obtain any goods, samples, data, information through this service to
used for trading, or other costs cause by other alternative to the above acts by
the service;
(c) Unauthorized access or modification of data or data transmission.
(d) Statements or actions made by the third party through the service.
(e) Other damage caused by service related events, including negligence,etc.
15.5 No matter what situation, the buyer agrees to the seller to the buyer the compensation
of damage caused by use of the service limit is highest do not exceed 10% of total
amount of the project. All of the statute of limitations associated with project
development should be for a period of one year on the date of occurrence of the
violation ;
15.6 no matter what the circumstances,both parties of the buyer and the seller agree
that the maximum amount of compensation for the site shall not exceed 30% of the
amount of the project due to damage caused by the use of services by the buyer and
the seller. All of the statute of limitations associated with project development
should be for a period of one year on the date of occurrence of the violation ;
15.7 No matter any circumstances, the seller is not liable for the following :
(1) any damage or loss caused by a product that is not functioning properly due
to the operating environment or external conditions provided by the buyer;
(2) any damage or loss caused by improper use of the buyer (including abuse, misuse,
non goodwill, etc.) or accident;
(3)The science and technology at the time the product was put in circulation was
at a level incapable of detecting the defect;
(4)Any damages or losses arising from the transformation, upgrading and maintenance
of the products supplied by the seller under this contract to the buyer by the buyer
or by the third party;
(5)Due to unpredictable technical factors, the existing technical capacity (including
equipment hardware and software to provide the manufacturer's technical force) cannot
solve the technical problem ;
16 Other
16.1 The rights and obligations of the buyer, the seller and the website shall regard
the contract as a standard,the contract to replace any of the previous oral commitments
or conventions. In addition to contract,any other verbal promises or agreements
that are not confirmed by the seller's seal are not legally binding on the seller;
16.2 Three sides of the buyer, the seller,this website agreed that the contract
with the site online ordering system records shall prevail.
16.3 If any provision of the terms of this contract are considered invalid or unenforceable,
the above terms and conditions can be separated, while the rest still has the force
of law ;
16.4 The title of the terms of this contract is only for easy reading, not the definition,
limitation and interpretation or description of its scope or limits;
17 Jurisdiction and application of law The agreement of the formation, the implementation
and interpretation and dispute settlement shall be applied in the application of
the mainland people's Republic of China Law (but not including its conflict of laws
rules). If this agreement is in conflict with the applicable law,these provisions
will be fully explained in accordance with the law,while other effective provisions
continue to be effective.If the parties have any dispute over the contents of this
agreement or the execution thereof, the two parties shall do their best to settle
the dispute through friendly consultations.When consultation fails, either party
may bring a lawsuit to the court of the people's Republic of China on the jurisdiction
of the people's Republic of china.