First of all, we are very appreciated foryour usage of our patent annuity fee 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 withthe payment service of patent annuity fee complied with the RegistrationAgreement ([the Agreement] in short hereafter). Please overview the Agreementexhaustively before you use the service of annuity fee payment rendered by ourcompany and our system ([our service] in short hereafter).
The Agreement shall apply to the registereduser of patent annuity fee system ([our system] in short her-eafter) providedby our company. If you agree to use our service, you must acknowledge that youhave read, understood, and agreed to be bound by all terms and conditions ofthe Agreement before any entrustment and/or usage.
Your entrustment and/or usage of ourservice will be deemed that you have read, understood, and agreed to be boundby all terms and conditions of the Agreement. Furthermore, any of yourperformance on our system will be deemed that you have agreed to be bound byall terms and conditions of the Agreement:
Section 1-The Agreement concerned hereinabove
1. When you use our service, it will bedeemed that you have understood and agreed to be bound by all terms andconditions of the Agreement.
2. Our companyand our system reserve the right to modify and/or change the Agreement at anytime, and the modified and/or changed content at each time will be published onour system and comes into effect immediately.
If youcontinue to use our service after any modification and/or change in theAgreement, it will be deemed that you have read, understood and agreed to bebound by the modified and/or changed content of the Agreement.
3. Provided that you do not agree or acceptthe modified and/or changed content of the Agreement, you shall cease the usageof our service immediately.
Section 2-Obligation of User
1. To become the user of our system, theuser shall agree and guarantee that the usage of our service shall conform toapplicable international conventions, and applicable laws and regulations ofrelated jurisdiction, and shall not conduct any performance in breach ofapplicable international conventions, or applicable laws and regulations ofrelated jurisdiction, or any performance that may cause any damage to ourcompany, our system, or our service.
2. To become the user of our system, theuser shall guarantee the qualification to use our service. Our company and oursystem will not be responsible for all or any debt by reason of the default ofuser, and reserve the right to call for compensation of any loss or penalty byreason of the default of user.
3. To become the user of our system, theuser shall guarantee that the usage of our service shall not be conducted inany unfair or illegal method, or shall not be concerned with any illegalperformance.
4. To becomethe 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, deliveredor stored in or through our system.
5. To become the user of our system, theuser shall agree and guarantee that no infringement of patent, trademark,copyright and/or any other IP rights of any party will be conducted through ourcompany, our system and our service.
6. To become the user of our system, theuser shall agree and guarantee that no advertise, spam mails or chain letterswill 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 beactively rendered through our company, our system and our service. The usershall agree and guarantee that no usage or delivery of any material concernedwith our company, our system, or our service, or information concerned withother members or clients shall be conducted for the above mentioned purpose.
7. To become the user of our system, theuser shall agree and guarantee that no disturbance or damage shall be conductedto our company, our system, or our service.
8. To become the user of our system, theuser shall agree and guarantee that no theft or embezzlement of any informationconcerned with other members or clients shall be conducted.
Section 3-Statement of Service Content
1. To render the safe, accurate andeffective service of patent annuity fee payment, we will request you forproviding some basic information of you and your patents in form of fillingforms under your consent.
You shall agree to provide with the real,accurate, timely and complete information. Provided that the information youprovide is false, inaccurate, delayed, incomplete, our company and our systemreserve the right to pause or cease our service for you, and delete allmaterials you provide to our company and our system, and refuse to provide partor all of our service.
Provided thatthe annuity to be paid is delayed or overdue or patent right is lapsed due tothe false, inaccurate, delayed and/or incomplete information you provided, ourcompany and our system will not be responsible for any delayed surcharge,overdue penalty, or any other loss.
2. In theprocess of using our service, our company and our system will treat the basicinformation of you and your patent as strictly confidential, without regard tothe requirement by governmental judicial branch under statutory procedure orthe demand pursuant to public security.
3. In the process of using our service, youshall agree to fill the patent information and annuity year information whichannuity you designate to pay correctly and completely under the directive stepsin our system, and entrust our company and our system with the payment.
Provided that the information you provideis false, inaccurate, delayed, incomplete, our company and our system reservethe right to refuse your entrustment of annuity fee payment and related orders,and the entrustment relationship between you and our company will be deemed tobe nonexistent. Provided that the annuity fee to be paid is delayed or overdueor patent right is lapsed by this reason, our company and our system will not beresponsible for any delayed surcharge, overdue penalty, or any other loss.
Furthermore, in the process of using ourservice, you shall agree to make payment to our company or other payeedesignated by our company within the payment deadline designated in our serviceafter you make orders or provide your instruction successfully, and you shallguarantee the safe receipt of your payment by our company or other payeedesignated by our company within the payment deadline designated in our servicethrough any method of your payment.
Provided that you fail to make paymentwithin the payment deadline designated in our service after you make orders orprovide your instruction successfully, you shall make payment for the amountunder the latest exchange rate overdue the payment deadline due to thefluctuation of international exchange rate.
Provided that you fail to make paymentwithin the payment deadline, or fail to make payment in full amount, or makepayment overdue, or fail to make our company or other payee designated by ourcompany received the payment in full amount within the payment deadlinedesignated in our service, our company and our system reserve the right torefuse your entrustment of annuity fee payment and related orders, and theentrustment relationship between you and our company will be deemed to benonexistent. Provided that the annuity fee to be paid is delayed or overdue orpatent right is lapsed by this reason, our company and our system will not beresponsible for any delayed surcharge, overdue penalty, or any other loss.
4. When you successfully make payment toour company or other payee designated by our company within the paymentdeadline designated in our service, you shall inform our company or other payeedesignated by our company of your payment information (including the full nameof payer, order number, paid amount, paid date, paid bank, or ATM transferredaccount) by E-mail within 24 hours since the starting time of successfulpayment.
Our company will acknowledge the receipt ofyour E-mail of payment information, which will be judged as the clear anddefinite acknowledgement of your payment notice.
Provided that you do not inform, or informoverdue, or fail to inform our company or other payee designated by our companyof your payment information, or you inform of the incorrect paymentinformation, our company and our system reserve the right to refuse yourentrustment of annuity fee payment and related orders, and the entrustmentrelationship between you and our company will be deemed to be nonexistent.Provided that the annuity fee to be paid is delayed or overdue or patent rightis lapsed by this reason, our company and our system will not be responsiblefor any delayed surcharge, overdue penalty, or any other loss.
5. To ensure the enough time for our company and oursystem to proceed the payment of your patent annuity fee in safe, accurate andeffective way, please make sure to submit your order of annuity fee paymentwith respect to your patent at no less than 15 days before the deadline (① not including legal rest days andholidays,② legalrest days and holidays subjected to the standard explanation upon the Locallaws and regulations of patent granted countries). And please make sure tosubmit your order of annuity fee payment with respect to your Chinese patent atno less than 10 days before the deadline (① not including legal rest days and holidays, ② legal rest days and holidayssubjected to the standard explanation upon the China local laws andregulations).
Provided that you submit your order ofannuity fee payment with respect to your patent at less than 15 days before thedeadline (① notincluding legal rest days and holidays,② legal rest days and holidays subjected to thestandard explanation upon the Local laws and regulations of patent grantedcountries), or submit your order of annuity fee payment with respect to yourChinese patent at less than 10 days before the deadline (① not including legal rest days andholidays, ② legalrest days and holidays subjected to the standard explanation upon the Chinalocal laws and regulations), you shall be aware that our company will have toprovide service of patent annuity fee payment in other method, and our servicefee and related fee will relevantly change .
6. To be pursuant to procedure regulationof intellectual property offices in every jurisdiction, you shall agree toendow our company with signing the necessary documents on behalf of you forproceeding the payment of patent annuity fee.
At that time our company will confirm withyou in form of attorney document limited to signing on behalf of you.
You shallagree that the signature on behalf of you by our company has the equivalentforce with the signature by your own, limited to the documents for payment ofpatent annuity fee.
Provided thatyou do not agree with this term, you shall make clear written notice to ourcompany, and you shall agree that our company will refund the fee that you madethe payment successfully within the payment deadline, and will cease thepayment of your patent annuity fee. Provided that the annuity fee to be paid isdelayed or overdue or patent right is lapsed by this reason, our company andour 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 tocease the payment of your patent annuity fee, which has not been proceeded yet,or you breach the Agreement which results in the failure of our company and oursystem to proceed the payment of your patent annuity fee, in the event that youmade the payment successfully within the payment deadline, you shall agree thatthe incurred service fee and disbursement fee such as postage, or bank chargesto be incurred in refund will be deducted from you payment, and the remainedfee will refund to you by our company or other payee designated by our company.
8. When you entrust our company with thepayment of your patent annuity fee, provided that you fill in the criticalinformation such as patent information and annuity year information whichannuity fee you designate to pay correctly and completely, and you make thepayment successfully within the payment deadline designated in our service toour company or other payee designated by our company, and you submit your orderof annuity fee payment with respect to your patent at no less than 15 daysbefore the deadline (① notincluding legal rest days and holidays,② legal rest days and holidays subjected to thestandard explanation upon the Local laws and regulations of patent grantedcountries), or submit your order of annuity fee payment with respect to yourChinese patent at no less than 10 days before the deadline (① not including legal rest days andholidays, ② legalrest days and holidays subjected to the standard explanation upon the Chinalocal laws and regulations), our company ensure to proceed the payment of thepatent annuity fee you entrusted in front of the designated official intellectualoffice in due time.
Provided that our company fails the payment or make the payment overdue, our company guarantees that the fee you made payment of that patent to our company will be refunded in full amount to you, and the indemnity up to 2 times of that patent annuity fee to be paid at current annuity year will be compensated to you, without regard to any other loss.
9. Within the scope of our service, theconcerned official fee regulated by intellectual property office of everyjurisdiction, bank charges, or service fee of our company may be adapted to thechange of official fee, fluctuation of international exchange rate, fluctuationof commodity price, working cost as well as the change of items in patentscope, and our company and our system reserve the right to adjust the relatedfee associated with annuity fee if necessary at any time.
10. When you entrust our company and oursystem with the payment of your patent annuity fee, in the event that ourcompany, our system and our service is in the process of working and thepayment of annuity fee has not been proceeded in front of the designatedintellectual property office yet, you shall agree unconditionally that youshall compensate the differences within the payment deadline designated by ourcompany, provided that the official fee of the designated intellectual propertyoffice rises in a sudden speed or the international exchange rate rises ingreat extent.
11. All the materials you provide in anyform to our company or our system will be deemed to be used, modified, editedor moved unconditionally pursuant to the correct operation of our systemservice program, correct display of information, pleasant appearance ofwebpage, correct display of webpage content, correct operation of systemprogram, correct operation of database, correction management of materials aswell as normal and effective operation of system of our company under yourconsent. You shall agree with the operation mentioned above without anyopposition.
12. When you do not entrust our company orour system with the payment of your patent annuity fee, but manage yourinformation such as patent information, payment deadline, total fee, etc. allby yourself, our company and our system will not be responsibility for thedelayed surcharge, overdue penalty, patent right lapsed or any other loss ifany.
Section 4-Exemption Clause
1. In the event that governmental judicialbranch requires our company or our system to disclose the related materials ofmembers or clients under statutory procedure, our company or our system willprovide the related materials under the requirement or the demand pursuant topublic security. In the spirit of this, our company and our system are exemptedfrom 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 guaranteethat the service system of our company and our system operates normally.
b. the using environment shall guaranteethat the user provides information to our company and our system normally.
c. the using environment shall guaranteethat the user receives information from our company and our system normally.
d. the using environment shall guaranteethat all the content in our system displays normally and pleasantly.
e. the using environment shall guaranteethat the database in the service system of our company and our system operatesnormally.
Provided any loss or consequence resultedfrom the using of our service under the using environment unqualified with theabove mentioned conditions, our company and our system are exempted from anyresponsibility.
3. Provided any leakage of personalmaterials resulted from your personal performance, our company and our systemare exempted from any responsibility.
4. Provided any leakage, missing, theft ordistortion, or any other loss resulted from force majeure of system abnormaloperation such as computer problem, hacker attack, computer virus attack,temporary closure due to the governmental control, etc., which shall not bedeemed to be the fault of our company and our system, our company and oursystem are exempted from any responsibility.
You shall take any necessary protectivemeasure when using our service.
Provided any loss due to failure of usingour service by the reason mentioned above, our company and our system areexempted from any direct or indirect responsibility.
5. Our service will not guarantee that nophenomenon such as falling line or error will be incurred in the process or atthe end of delivery of E-mails or materials in our company or our systemoperated through server provider or E-mail provider. Provided any loss resultedfrom 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 otherloss resulted from downloading, browsing or storing any material in our system,or in other systems linking through our system, our company and our system areexempted from any responsibility.
7. Our service will not guarantee to avoidany disturbance, attack, destroy, implant of computer virus by other party.Provided any loss directly or indirectly by this reason, our company and oursystem are exempted from any responsibility.
8. Provided any lawsuit, dispute orconsequence due to any leakage of client-related materials resulted from othersystems linking through our system, our company and our system are exemptedfrom any responsibility.
9. Our system or the third party using ourservice may connect with other systems or E-materials operated by othercompanies, which does not indicate any relationship exists between our companyand our system with the above mentioned other companies or other E-materials.
Provided any loss resulted from othersystems or E-materials connected through our system, our company and our systemare 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 donot belong to our company and our system, are rendered and planned by otheradvertisers, providers, servers, agents, product owners. You shall check andcomprehend the authenticity of all the above mentioned advertises and news, andour company and our system are exempted from any responsibility on the abovementioned 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 donot belong to our company and our system, and which belong to other systemslinked through our system, are rendered and planned by other advertisers, providers,servers, agents, product owners. Provided that you make transactions with thoseadvertisers, providers, servers, agents, product owners, our company and oursystem are exempted from any responsibility on warranty or indemnity of anycommodity, service or any other subject matters in your transactions.
12. You shall understand the conditions ofinterruption in normal service resulted from system upgrading or suspending formaintenance regularly or irregularly to ensure the normal operation of our systemand our company will make every effort on avoiding interruption in normalservice, or limiting the conditions to the shortest period.
Provided any inconvenience or loss resultedfrom system suspending or pausing due to line breakdown or hardware breakdownbeyond the control of our company and our system, our company and our systemare exempted from any responsibility, but our company and our system will makeevery effort to coordinate with aftermath matters and minimize your loss.
13. Provided any direct or indirect damageor loss to you resulted from service termination or interruption of ourcompany, our system, and our service due to natural disaster, war, or any otherforce majeure, our company and our system are exempted from any responsibility.
14. Ourcompany and our system will make every effort to ensure the correctness andaccuracy of information provided, and where error incurred, our company and oursystem will make compensation based on the actual error amount, without regardto any other loss.
Section 5-Other Clauses
1. Our company and our system areestablished pursuant to the laws and regulations of P.R.C. and treat the lawsand regulations of P.R.C. as benchmark in principle.
The unconcerned matters in the Agreementwill treat the laws and regulations of P.R.C. as benchmark in principle.
Where there are contradictions between theAgreement and the laws and regulations of P.R.C., the laws and regulations ofP.R.C. will be treated as benchmark.
If necessary, the patent laws or patentrelated regulations of the granted countries related to patent which annuityfee to be paid shall be referred and applicable upon the issues limited topatent annuity fee.
Referring to other items, the laws andregulations of P.R.C., the laws and regulations of P.R.C. will be treated asbenchmark in principle.
2. In the process of using our system orour service by the user, if there is any problem, please contact our companythrough telephone, QQ, WeChat or E-mail.
3. Provided that you breach the Agreement,or violate the interest of our company and our system, or violate the interestof the third party by using our service, you shall agree that our company andour system reserve the right to cease part of or whole service for you withoutunder your consent in advance, and remove or delete all materials you provideto our company and our system. Provided any damage or loss to you or the thirdparty due to this reason, our company and our system are exempted from anyresponsibility.
4. Our company and our system reserve theright to cease, limit, interrupt, pause or change the service content, ormodified fee, or change the content of the Agreement pursuant to actualconditions, without any notice or under your consent in advance.
In the process of using our service, youshall agree that our company and our system reserve the right to cancel yourunfair or illegal content, if any concerned, and/or reserve the right to ceasepart of or whole of service for you, and/or reserve the right to deem that theentrustment relationship between you and our company and our system isnonexistent.
Our company and our system reserve theright to interrupt, or cease, or modify one or more service items pursuant toactual 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 ormodification of our service, our company and our system are exempted from anyresponsibility.
5. Our company and our system reserve thecopyright of all contents.
Our company and our system prohibit anyparty conducting all the infringement of intellectual property owned by ourcompany and our system, such as modifying, copying, imitating, publishing,distorting or decoding any part or whole content, without the consent of ourcompany. Any violators shall definitely undertake all indemnity responsibilityto our company and our system as well as other proprietors of intellectualproperty.
6. Our company and our system reserve theright to modify, update and finally explain the Agreement. Our company and oursystem reserve the right to finally explain the other unlimited events withinthe Agreement.
Furthermore, Our company and our systemreserve the right to modify the service content and related service fee.
GlobalPatent Annuity Fees Payment Agency, Co., Ltd.