First of all, we are very appreciated for your usage of our trademark renewal system!
Global Patent Annuity Fees Payment Agency, Co., Ltd. ([our company] in short hereafter) and our official online system www.zhimy.net ([our system] in short hereafter) render you with the payment service of Chinese trademark renewal complied with the Registration Agreement ([the Agreement] in short hereafter). Please overview the Agreement exhaustively before you use the payment service of Chinese trademark renewal payment rendered by our company and our system ([our service] in short hereafter).
The Agreement shall apply to the registered user of Chinese trademark renewal system ([our system] in short hereafter) provided by our company. If you agree to use our service, you must acknowledge that you have read, understood, and agreed to be bound by all terms and conditions of the Agreement before any entrustment and/or usage.
Your entrustment and/or usage of our service will be deemed that you have read, understood, and agreed to be bound by all terms and conditions of the Agreement. Furthermore, any of your performance on our system will be deemed that you have agreed to be bound by all terms and conditions of the Agreement:
Section 1-The Agreement concerned hereinabove
1. When you use our service, it will be deemed that you have understood and agreed to be bound by all terms and conditions of the Agreement.
2. Our company and our system reserve the right to modify and/or change the Agreement at any time, and the modified and/or changed content at each time will be published on our system and comes into effect immediately.
If you continue to use our service after any modification and/or change in the Agreement, it will be deemed that you have read, understood and agreed to be bound by the modified and/or changed content of the Agreement.
3. Provided that you do not agree or accept the modified and/or changed content of the Agreement, you shall cease the usage of our service immediately.
Section 2-Obligation of User
1. To become the user of our system, the user shall agree and guarantee that the usage of our service shall conform to applicable international conventions, and applicable laws and regulations of related jurisdiction, and shall not conduct any performance in breach of applicable international conventions, or applicable laws and regulations of related jurisdiction, or any performance that may cause any damage to our company, our system, or our service.
2. To become the user of our system, the user shall guarantee the qualification to use our service. Our company and our system will not be responsible for all or any debt by reason of the default of user, and reserve the right to require any indemnity of any loss or penalty by reason of the default of user.
3. To become the user of our system, the user shall guarantee that the usage of our service shall not be conducted in any unfair or illegal method, or shall not be concerned with any illegal performance.
4. To become the user of our system, the user shall agree and guarantee that no words, pictures, or any form of materials concerned with defame, fraud, humiliation, terror, pornography, false or illegal conduction will be published, delivered or stored in or through our system.
5. To become the user of our system, the user shall agree and guarantee that no infringement of patent, trademark, copyright and/or any other IP right of any party will be conducted through our company, our system and our service.
6. To become the user of our system, the user shall agree and guarantee that no advertise, spam mails or chain letters will be delivered, no computer virus will be conveyed or spread, no E-mails, notices or communications, or any form of abundant mails or information will be actively rendered through our company, our system and our service. The user shall agree and guarantee that no usage or delivery of any material concerned with our company, our system, or our service, or information concerned with other members or clients shall be conducted for the above mentioned purpose.
7. To become the user of our system, the user shall agree and guarantee that no disturbance or damage shall be conducted to our company, our system, or our service.
8. To become the user of our system, the user shall agree and guarantee that no theft or embezzlement of any information concerned with other members or clients shall be conducted for the above mentioned purpose.
Section 3-Statement of Service Content
1. To render the safe, accurate and effective service of Chinese trademark renewal payment, we will request you for providing some basic information of you and your trademarks in form of filling forms under your consent.
You shall agree to provide with the real, accurate, timely and complete information. Provided that the information you provide is false, inaccurate, delayed, incomplete, our company and our system reserve the right to pause or cease our service for you, and delete all materials you provide to our company and our system, and refuse to provide part or all of our service.
Provided that the renewal fee to be paid is delayed or overdue, or trademark right is lapsed due to the false, inaccurate, delayed and/or incomplete information you provide, our company and our system will not be responsible for any delayed surcharge, overdue penalty, or any other loss.
2. In the process of using our service, our company and our system will treat the basic information of you and your trademark as strictly confidential, without regard to the requirement by governmental judicial branch under statutory procedure or the demand pursuant to public security.
3. In the process of using our service, you shall agree to fill the trademark information and renewal deadline information which renewal fee you designate to pay correctly and completely under the directive steps in our system, and entrust our company and our system with the payment.
Provided that the information you provide is false, inaccurate, delayed, incomplete, our company and our system reserve the right to refuse your entrustment of renewal fee payment and related orders, and the entrustment relationship between you and our company will be deemed to be nonexistent. Provided that the renewal fee to be paid is delayed or overdue, or trademark right is lapsed by this reason, our company and our system will not be responsible for any delayed surcharge, overdue penalty, or any other loss.
Furthermore, in the process of using our service, you shall agree to make payment to our company or other payee designated by our company within the payment deadline designated in our service after you make orders or provide your instruction successfully, and you shall guarantee the safe receipt of your payment by our company or other payee designated by our company within the payment deadline designated in our service through any method of your payment.此
Provided that you fail to make payment within the payment deadline designated in our service after you make orders or provide your instruction successfully, you shall make payment for the amount under the latest exchange rate overdue the payment deadline due to the fluctuation of international exchange rate.
Provided that you fail to make payment within the payment deadline, or fail to make payment in full amount, or make payment overdue, or fail to make our company or other payee designated by our company received the payment in full amount within the payment deadline designated in our service, our company and our system reserve the right to refuse your entrustment of renewal fee payment and related orders, and the entrustment relationship between you and our company will be deemed to be nonexistent. Provided that the renewal fee to be paid is delayed or overdue, or trademark right is lapsed by this reason, our company and our system will not be responsible for any delayed surcharge, overdue penalty, or any other loss.
4. When you successfully make payment to our company or other payee designated by our company within the payment deadline designated in our service, you shall inform our company or other payee designated by our company of your payment information (including the full name of payer, order number, paid amount, paid date, paid bank, or ATM transferred account) by E-mail within 48 hours since the starting time of successful payment.
Our company will acknowledge the receipt of your E-mail of payment information, which will be judged as the clear and definite acknowledgement of your payment notice.
Provided that you do not inform, or inform overdue, or fail to inform our company or other payee designated by our company of your payment information, or you inform of the incorrect payment information, our company and our system reserve the right to refuse your entrustment of renewal fee payment and related orders, and the entrustment relationship between you and our company will be deemed to be nonexistent. Provided that the renewal fee to be paid is delayed or overdue, or trademark right is lapsed by this reason, our company and our system will not be responsible for any delayed surcharge, overdue penalty, or any other loss.
5. To ensure the enough time for our company and our system to proceed the payment of your trademark renewal fee in safe, accurate and effective way, please make sure to submit your order of renewal fee payment with respect to your Chinese trademark at no less than 30 days before the deadline (① not including legal rest days and holidays,②legal rest days and holidays subjected to the standard explanation upon the China local laws and regulations).
Provided that you submit your order of renewal fee payment with respect to your Chinese trademark at less than 30 days before the deadline (① not including legal rest days and holidays,②legal rest days and holidays subjected to the standard explanation upon the China local laws and regulations), you shall be aware that our company will have to provide service of trademark renewal fee payment in other method, and our service fee and related fee will relevantly changed .
6. To be pursuant to procedure regulation of Trademark Office State of State Administration for Industry & Commerce of the People's Republic of China (CTMO in short hereafter), you shall agree to endow our company with signing the necessary documents on behalf of you for proceeding the payment of trademark renewal fee.
At that time our company will confirm with you in form of attorney document limited to signing on behalf of you.
You shall agree that the signature on behalf of you by our company has the equivalent force with the signature by your own, limited to the documents for payment of trademark renewal fee.
Provided that you do not agree with this term, you shall make clear written notice to our company, and you shall agree that our company will refund the fee that you made the payment successfully within the payment deadline, and will cease the payment of your trademark renewal fee. Provided that the renewal fee to be paid is delayed or overdue, or trademark right is lapsed by this reason, our company and our system will not be responsible for any delayed surcharge, overdue penalty, or any other loss.
7. Provided that you provide incorrect, false or incomplete information, or you require our company in written form to cease the payment of your trademark renewal fee, which has not been proceeded yet, or you breach the Agreement which results in the failure of our company and our system to proceed the payment of your trademark renewal fee, in the event that you made the payment successfully within the payment deadline, you shall agree that the incurred service fee and disbursement fee such as postage, or bank charges to be incurred in refund will be deducted from you payment, and the remained fee will refund to you by our company or other payee designated by our company.
8. When you entrust our company with the payment of your trademark renewal fee, provided that you fill in the critical information such as trademark information and renewal deadline information which renewal fee you designate to pay correctly and completely, and you make the payment successfully within the payment deadline designated in our service to our company or other payee designated by our company, and you submit your order of renewal fee payment with respect to your trademark at no less than 30 days before the deadline (① not including legal rest days and holidays,② legal rest days and holidays subjected to the standard explanation upon the China local laws and regulations), our company ensure to proceed the payment of the trademark renewal fee you entrusted in front of CTMO in due time.
Provided that our company fails the payment or make the payment overdue, our company guarantees that the fee you made payment to our company will be refunded in full amount to you, and the indemnity up to 2 times of the trademark renewal fee to be paid at current renewal deadline will be compensated to you, without regard to any other loss.
9. Within the scope of our service, the concerned official fee regulated by CTMO, bank charges, or service fee of our company may be adapted to the change of official fee, fluctuation of international exchange rate, fluctuation of commodity price, working cost as well as the change of items in trademark scope, and our company and our system reserve the right to adjust the related fee associated with renewal fee if necessary at any time.
10. When you entrust our company and our system with the payment of your trademark renewal fee, in the event that our company, our system and our service is in the process of working and the payment of renewal fee has not been proceeded in front of CTMO yet, you shall agree unconditionally that you shall compensate the differences within the payment deadline designated by our company, provided that the official fee of CTMO rises in a sudden speed or the international exchange rate rises in great extent.
11. All the materials you provide in any form to our company or our system will be deemed to be used, modified, edited or moved unconditionally pursuant to the correct operation of our system service program, correct display of information, pleasant appearance of webpage, correct display of webpage content, correct operation of system program, correct operation of database, correction management of materials as well as normal and effective operation of system of our company under your consent. You shall agree with the operation mentioned above without any opposition.
12. When you do not entrust our company or our system with the payment of your trademark renewal fee, but manage your information such as trademark information, payment deadline, total fee, etc. all by yourself, our company and our system will not be responsibility for the delayed surcharge, overdue penalty, trademark right lapsed or any other loss if any.
13. Provided that you decide to manage your patent annuity fee all by yourself through our website, instead of entrusting our company with the management and payment of you patent annuity fee, you shall be informed that you will make use of our website for 5 years for free since the date when you make registration to be the member of our service, and our company reserve the right to charge RMB 1000.00 as the platform management fee after 5 years since the date when you make registration to be the member of our service.
Section 4-Exemption Clause
1. In the event that governmental judicial branch requires our company or our system to disclose the related materials of members or clients under statutory procedure, our company or our system will provide the related materials under the requirement or the demand pursuant to public security. In the spirit of this, our company and our system are exempted from any responsibility.
2. When you use a series of our service, you shall operate on the condition of the using environments as follows:
a. the using environment shall guarantee that the service system of our company and our system operates normally.
b. the using environment shall guarantee that the user provides information to our company and our system normally.
c. the using environment shall guarantee that the user receives information from our company and our system normally.
d. the using environment shall guarantee that all the content in our system displays normally and pleasantly.
e. the using environment shall guarantee that the database in the service system of our company and our system operates normally.
Provided any loss or consequence resulted from the using of our service under the using environment unqualified with the above mentioned conditions, our company and our system are exempted from any responsibility.
3. Provided any leakage of personal materials resulted from your personal performance, our company and our system are exempted from any responsibility.
4. Provided any leakage, missing, theft or distortion, or any other loss resulted from force majeure of system abnormal operation such as computer problem, hacker attack, computer virus attack, temporary closure due to the governmental control, etc., which shall not be deemed to be the fault of our company and our system, our company and our system are exempted from any responsibility.
You shall take any necessary protective measure when using our service.
Provided any loss due to failure of using our service by the reason mentioned above, our company and our system are exempted from any direct or indirect responsibility.
5. Our service will not guarantee that no phenomenon such as falling line or error will be incurred in the process or at the end of delivery of E-mails or materials in our company or our system operated through server provider or E-mail provider. Provided any loss resulted from the above mentioned reasons beyond control of our company and our system, our company and our system are exempted from any responsibility.
6. Provided any damage for your computer, missing of stored materials, infringement of right of other party or any other loss resulted from downloading, browsing or storing any material in our system, or in other systems linking through our system, our company and our system are exempted from any responsibility.
7. Our service will not guarantee to avoid any disturbance, attack, destroy, implant of computer virus by other party. Provided any loss directly or indirectly by this reason, our company and our system are exempted from any responsibility.
8. Provided any lawsuit, dispute or consequence due to any leakage of client-related materials resulted from other systems linking through our system, our company and our system are exempted from any responsibility.
9. Our system or the third party using our service may connect with other systems or E-materials operated by other companies, which does not indicate any relationship exists between our company and our system with the above mentioned other companies or other E-materials.
Provided any loss resulted from other systems or E-materials connected through our system, our company and our system are exempted from any direct or indirect responsibility.
10. All the advertise contents, pictures, words, products, services, and other news you browse in our system, which do not belong to our company and our system, are rendered and planned by other advertisers, providers, servers, agents, product owners. You shall check and comprehend the authenticity of all the above mentioned advertises and news, and our company and our system are exempted from any responsibility on the above mentioned advertises, products and all of the other services and news.
11. All the advertise contents, pictures, words, products, services, and other news you browse in our system, which do not belong to our company and our system, and which belong to other systems linked through our system, are rendered and planned by other advertisers, providers, servers, agents, product owners. Provided that you make transactions with those advertisers, providers, servers, agents, product owners, our company and our system are exempted from any responsibility on warranty or indemnity of any commodity, service or any other subject matters in your transactions.
12. You shall understand the conditions of interruption in normal service resulted from system upgrading or suspending for maintenance regularly or irregularly to ensure the normal operation of our system, and our company will make every effort on avoiding interruption in normal service, or limiting the conditions to the shortest period.
Provided any inconvenience or loss resulted from system suspending or pausing due to line breakdown or hardware breakdown beyond the control of our company and our system, our company and our system are exempted from any responsibility, but our company and our system will make every effort to coordinate with aftermath matters and minimize your loss.
13. Provided any direct or indirect damage or loss to you resulted from service termination or interruption of our company, our system, and our service due to natural disaster, war, or any other force majeure, our company and our system are exempted from any responsibility.
14. Our company and our system will make every effort to ensure the correctness and accuracy of information provided, and where error incurred, our company and our system will make compensation based on the actual error amount, without regard to any other loss.
Section 5-Other Clauses
1. Our company and our system are established pursuant to the laws and regulations of P.R.C. and treat the laws and regulations of P.R.C. as benchmark in principle.
The unconcerned matters in the Agreement will treat the laws and regulations of P.R.C. as benchmark in principle.
Where there are contradictions between the Agreement and the laws and regulations of P.R.C., the laws and regulations of P.R.C. will be treated as benchmark.
If necessary, the trademark laws or trademark related regulations of the granted countries related the to trademark which renewal fee to be paid shall be referred and applicable upon the issues limited to trademark renewal fee.
Referring to other items, the laws and regulations of P.R.C., the laws and regulations of P.R.C. will be treated as benchmark in principle.
2. In the process of using our system or our service by the user, if there is any problem, please contact our company through E-mail.
3. Provided that you breach the Agreement, or violate the interest of our company and our system, or violate the interest of the third party by using our service, you shall agree that our company and our system reserve the right to cease part of or whole service for you without under your consent in advance, and remove or delete all materials you provide to our company and our system. Provided any damage or loss to you or the third party due to this reason, our company and our system are exempted from any responsibility.
4. Our company and our system reserve the right to cease, limit, interrupt, pause or change the service content, or modified fee, or change the content of the Agreement pursuant to actual conditions, without any notice or under your consent in advance.
In the process of using our service, you shall agree that our company and our system reserve the right to cancel your unfair or illegal content, if any concerned, and/or reserve the right to cease part of or whole of service for you, and/or reserve the right to deem that the entrustment relationship between you and our company and our system is nonexistent.
Our company and our system reserve the right to interrupt, or cease, or modify one or more service items pursuant to actual conditions, without any notice or under your consent in advance. Provided any damage or loss to you or the third party due to the ceasing or modification of our service, our company and our system are exempted from any responsibility.
5. Our company and our system reserve the copyright of all contents.
Our company and our system permit any party conducting all the infringement of intellectual property owned by our company and our system, such as modifying, copying, imitating, publishing, distorting or decoding any part or whole content, without the consent of our company. Any violators shall definitely undertake all indemnity responsibility to our company and our system as well as other proprietors of intellectual property.
6. Our company and our system reserve the right to modify, update and finally explain the Agreement. Our company and our system reserve the right to finally explain the other unlimited events within the Agreement.
Furthermore, Our company and our system reserve the right to modify the service content and related service fee.
Global Patent Annuity Fees Payment Agency, Co., Ltd.