CMCC User Agreement by linxiaoqin

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									                                                                                                         ________Version 2009

                                      CMCC User Agreement
                                                (Version 2009)

Party A (CMCC Subscriber):                                                     Party B: China Mobile Group Shanghai Co., Ltd.


Notes:
    ◆    Party A shall have full capacity for civil conduct. Party A without capacity for civil conduct or with limited capacity
         for civil conduct shall sign up with the consent of its family head and subject to signature confirmation.
    ◆    Before signing of this Agreement, Party A or its agent is requested to carefully read the terms of this Agreement,
         and to timely consult if there is any question.
    ◆    By signing this Agreement, Party A or its agent will be deemed to fully understand and agree to accept all terms of
         this Agreement.
    ◆    For the service needed by Party A, handling applications and tariff standard, please refer to the related
         statements on Party B’s service.


According to the Contract Law of the People’s Republic of China, Telecom Regulations of the People’s Republic of China as
well as other relevant laws and regulations, on the basis of equality, free will, fairness, honest, good faith, in respect of
mobile phone communication service, both parties agree as follows:


1    Service and Tariff Standard
     1.1    Party B shall provide Party A with compensatory mobile communications service within the mobile phone
            network coverage under the existing technical conditions; Party B shall provide Party A with international
            roaming service within the telecom operator network coverage in the country and region where auto roaming
            agreement is signed.
     1.2    Party A may have his/her options to access the mobile communications service of any kind provided by Party
            B.
     1.3    Party B will charge related costs against Party A according to the tariff standard approved or registered by
            governmental authority, including monthly basic rates, call fee (including local, long-distance, roaming), SMS
            fee (including MMS) and the charges for other services applied for or used by Party A. Charge period shall be
            natural month, from the 1st day of each month to the last day of the current month (because CDR generated by
            network device and related processing may be delayed, partial call fees of each month may be charged in the
            call fees of the next month).


2    Party B’s Obligations
     2.1    The mobile communications services provided by Party B for Party A shall meet the relevant standards of the
            state.
     2.2    Party B shall announce and prompt to Party A such contents as service item, period, scope and tariff standard
            through the service hall, website and SMS, etc.
     2.3    Party B shall provide Party A with convenient service handling, service consulting and call fee information
            inquiry channel, including but not limited to service hall, service hotline, service website, SMS, etc.
     2.4    Party B is obligated to handle Party A’s claims by announcing the supervision phone and other means, and
            reply to Party A within 15 days from the date of receiving claims.
     2.5    Party B shall reserve the original CDR data of mobile phone and original data for charging information

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          service for 5 months (5 months from the month when the system generates CDR, excluding the current
          month), for the CDR to which the Subscriber objects, shall maintain until settlement of such objection.
    2.6   If Party A objects to the call fee charged by Party B, Party B shall be obligated to make investigation and
          interpretation, and inform Party A to verify the result.
    2.7   Party B shall not infringe upon Party A’s freedom and privacy of correspondence, and shall have obligation to
          keep confidential the customer data of Party A. In accordance with relevant laws and regulations, Party B shall
          cooperate with the work requirements of the public security organ, people's prosecutorial office, national
          security organ and other authorities which shall have the right to make investigation according to laws and
          regulations.
    2.8   Party B undertakes to use the user information data provided by Party A for Party B for the whole course of the
          mobile communications service, and Party B shall take confidentiality measures and not disclose, unless
          otherwise provided for by the laws, regulations and governmental regulations.
    2.9   Party B shall provide Party A with free-of-charge commonweal phone access service such as 119 (fire
          emergency), 110 (police emergency), 120 (medical emergency), 122 (traffic accident emergency) of the call
          location (only limited to domestic).
    2.10 If Party A defaults the fees, fully supplements the fees within the time limit specified and applies for startup,
          Party B shall resume the mobile communications service for Party A within 24 hours after receipt of Party A’s
          fees.
    2.11 Party B shall give a prior notice to Party A who uses “post-paid communication service” to suspend the mobile
          communications service for Party A (hereinafter called “suspension”); give balance prompt for Party A who
          uses “prepaid communication service”, by means including but not limited to SMS, phone call or written letter.
    2.12 If such foreseen reasons as line overhaul, equipment relocation, engineering cut-over, network and
          software updating may affect use by Party A, a 72-hour prior notice shall be given to Party A, by means
          including not limited to SMS, media announcement.
    2.13 Where Party A declares mobile phone communication obstacle (communication interruption due to switch
          equipment or transmission line, excluding network coverage and terminal equipment failures), Party B shall
          make restore the services within 48 hours after receiving the claim.
    2.14 Party B shall enable the services which Party A applies for within the time limit committed (unless agreed by
          both parties), in case Party B fails to open timely, monthly function fee for such service from the date of Party
          A’s application to opening of such service shall be exempted or reduced.


3   Party A’s Obligations
    3.1   Party A is required to provide Party B with the original of authentic and valid certificate when handling the
          sign-up applications, if an agent is entrusted, shall provide the original of the valid identity certificate of the
          agent. When Party A without capacity for civil conduct or with limited capacity for civil conduct handles the
          sign-up applications, its family head shall provide appropriate guarantee.
    3.2   In accordance with relevant provisions on real-name registration of CMCC Subscribers, Party A must provide
          the original of its authentic and valid certificate for registration when handling the sign-up applications. If
          Party B finds that the personal information filled by Party A is inconsistent with the practical situation, Party B
          may notify Party A to make timely corrections.
    3.3   If Party A pays the fees by the method of “post-paid”, the following valid certificates shall be provided when
          handling the sign-up applications: for individual subscriber, original of valid identity certificate shall be
          provided, if Party A is a minor, and unable to provide the original of valid identity card of the local city,
          original of household register of the local city may substitute; for corporate subscriber, valid certificate
          includes original and copy of the business license duplicate registered in the local city, reference letter
          (proved with the official seal), original and copy of the valid identity certificate of the handler.

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          If Party A is non-local registered permanent resident, when handling the sign-up applications, may choose the
          means of paying deposits, and subject to the following terms:


          Party A shall pay the deposits of CNY __________, applying for sign-up by means of deposits. The deposits paid
          by Party A shall not be used as prepaid call fees, and will be refunded to Party A when revoking the means of
          deposits. If Party A desires to apply for international roaming/IDD, additional deposit of CNY 1000 shall be
          paid.
    3.4   If Party A pays the fees by the means of “prepaid”, the following valid certificates shall be provided when
          handling the sign-up applications: for individual subscriber, original of valid identity certificate shall be
          provided, if Party A is a minor, and unable to provide the original of valid identity card of the local city,
          original of household register of the local city may substitute; for corporate subscriber, valid certificate
          includes original and copy of the business license duplicate registered in the local city, reference letter
          (proved with the official seal), original and copy of the valid identity certificate of the handler.
    3.5   Party A shall pay to Party B in time and in full the mobile communication fees within the time and by the
          means as agreed with Party B. With respect to the unpaid amounts when it is overdue, Party B will remind Party
          A to make payment by the means of SMS, etc., from the next day upon expiration of the payment period, Party
          A shall pay to Party B the penalty by 3‰ (three per-mille) of the unpaid amounts each day; if Party A fails to
          pay off the fees twenty days after the deadline, in accordance with the provisions on payment of mobile
          telecom service fees as specified in Article 35 of the Telecom Regulations of the People’s Republic of China,
          Party B shall have the right to take the measures such as outgoing calls limit or suspension. If fees are
          defaulted, Party A shall not handle other services other than suspension.
    3.6   If Party A objects to the mobile communication fees charged by Party B or the information fees charged on
          behalf of the information service provider, it shall express to Party B within five months after the call fees
          occur to which objection is expressed (five months from the month when CDR generated, excluding the
          current month).
    3.7   Party A shall comply with the provisions relating to information transmission, if Party A sends SMS of
          commercials or other harmful information via group-sending mode without the consent of the receiving party,
          disturbing the daily life of the receiving party, Party B may suspend or restraint the mobile communication
          service for Party A, without taking any liability resulting therefrom.
    3.8   Party B has joined the united credit investigation system for personal credit of Shanghai Government, and
          after sign-up, Party A agrees to comply with the relevant provisions of such system.
    3.9   Where Party A requires for termination of mobile communication service, it shall handle the sign-off
          applications after settling all fees.


4   Responsibilities in Specific Conditions
    4.1   Party B shall have the right to suspend or restraint the mobile communication service for Party A and will not
          be liable for the losses of Party A arising therefrom, in the event:
          4.1.1 Deduction fails when Party B settles for the reasons not attributable to Party B such as attachment,
                  freezing or insufficient balance of Party A’s bank account;
          4.1.2 Party A fails to timely supplement the accounts after the prepaid fees are used up (including, balance
                  of prepaid account is insufficient for deduction of the following prepaid fees);
          4.1.3 Mobile call fees exceed the overdraft when Party A adopts the settlement way of “post-paid”;
          4.1.4 The communication fees 5 times more than the average communication fees of the past three months
                  suddenly occur to Party A (based on the information on communication fees immediately received by
                  Party B), and is notified by Party B by telephone, SMS, etc.;

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                                                                                                 ________Version 2009
       4.1.5 Party A sends the information in which illegal contents are contained.
4.2   In case the mobile phone number under the name of Party A is not fully paid when it is overdue, Party B shall
      have the right to refuse other applications for mobile communication services by Party A other than payment
      and call fee inquiry.
4.3   Where Party A defaults the fees, Party B shall have the right to demand the payment of defaulted fees by a
      letter, announcement and entrustment of the third party and so on.
4.4   Party A shall properly store the data on original bills after sign-up, such as deposit note, and Party B will not
      be liable for losing.
4.5   Party A may obtain the subscriber service password after sign-up, and shall properly store such password.
      Service password is the voucher for handling the service. Service customization or change by the service
      password will be deemed to be done or authorized by Party A. In order to make it convenient for service, Party
      B may provide random service password by SMS, etc. according to Party A’s application, and such password
      may be deemed as the temporary voucher for handling the service.
4.6   In case of illegal use of mobile phone by others for the reasons such as improper storage by Party A, Party A
      shall timely handle the suspension applications, and report to the public security department. Party B shall
      technically assist the public security department in the investigation, provided that Party B will not be liable
      for the harmful consequences caused to Party A.
4.7   Party B will not be liable for the harmful consequences caused to Party A by Party B’s failure to provide service
      (such as CDR, etc.) to Party A due to failure by Party A to provide detailed and true subscriber data or to notify
      Party B in case of change. Party B shall only provide Party A with the bill mailing service within the range of
      Shanghai city.
4.8   Party A shall control the call fees according to its capacity, in case of abnormal communication fees
      (communication fees 5 times more than the average communication fees of the past three months), Party B
      shall inform Party A as fast as possible, if Party A still fails to make confirmation after informed, Party B may
      take measures to suspend partial or all mobile communication services, until Party A pays the fees incurred.
4.9   Party A shall be entitled to the right to use the mobile phone number within the validity period of the mobile
      phone number if paying the fees by “prepaid”. If the validity period expires or the account balance is
      insufficient, timely recharge will extend the validity period; in case of failure of timely recharge, the mobile
      phone number will enter the retention period, if Party A fails to timely recharge within the retention period,
      communication can not work, if Party A timely recharges, the retention period will end automatically, and
      communication will be recovered. If the retention period expires, the mobile phone number will enter the
      mobile phone number retention period, communication can not work during such period, and Party B shall
      have the right to deduct the mobile phone number retention fee from the account balance of Party A by the
      charging standard as CNY 0.15/day, until the balance is used up, then Party B shall have the right to withdraw
      the mobile phone number and put into service again; during the mobile phone number retention period, Party
      A may timely recharge to activate the mobile phone number and obtain the validity period of the mobile
      phone number again.
4.10 If Party A has objection to the call fees charged by Party B, it may complain to Party B, and Party B is obligated
      to make investigation or interpretation. If Party B indeed has error in the service charge of any kind (including
      mobile information service charge), Party B undertakes to refund to the subscriber the double of the positive
      difference after the call fees wrongly charged minus the call fees receivable.
4.11 Neither party will be liable for the other in case of failure of partial or full performance of this Agreement due
      to the force majeure (including without limitation, earthquake, mountain torrents, lightning and other natural
      disaster, electromagnetic interference, war and rebellion, governmental acts, etc.).
4.12 Either party shall be liable for compensation for the losses of the other party arising from the default by such
      party, however, the expected profits or interests not realized of the other party, loss of commercial goodwill,

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          loss of data, loss of the third party and other indirect losses are excluded from the scope of responsibilities
          assumed by either party for the damages.


5   Amendment, Assignment and Termination
    5.1   The forms signed by Party A for handling the service of any kind and the service commitments publicly made
          by Party B in writing such as announcement shall be the supplementary agreement to this Agreement, the
          parts conflicting with this Agreement shall be based on the supplementary agreement, and those not
          specified in the supplementary agreement shall be based on this Agreement.
    5.2   After Party A assigns (transfers) the rights and obligations under the Agreement to the third party, the third
          party and Party B will sign a new mobile communication service agreement, and this Agreement will
          automatically terminate when the transferor and the transferee are present and pay off the communication
          fees of which bills are issued. Party A shall be liable for the defaulting fees and suspension and other
          consequences resulting from private assignment by Party A.
    5.3   In case of failure of continual performance of mobile communication service resulting from overall evolution
          of mobile communication network conducted by Party B in order to improve service quality as a result of
          technical evolution, Party B shall notify Party A at least 90 days in advance, and provide reasonable solutions.
    5.4   In any of the following cases, Party B shall have the right to terminate the Agreement, withdraw the mobile
          phone number and terminate provision of the service, not be liable for the loss of Party A arising therefrom,
          and have the right to demand the defaulted fees against Party A:
          5.4.1 The valid certificate provided by Party A (including agent) is false;
          5.4.2 The mobile phone is used to carry out illegal criminal activities or for improper purpose (damaging the
                 interests of Party B or the third party concerned);
          5.4.3 Party B is required to terminate the mobile communication service for Party A in compliance with state
                 regulations;
          5.4.4 Party A fails to make payment if 90 days are overdue;
          5.4.5 If Party A pays the fees by method of “prepaid”, mobile phone number retention period expires and
                 there is no balance in the account.
    5.5   When the statutory termination conditions or stipulated termination conditions are satisfied, this Agreement
          will terminate. Party B will continue to reserve the right to demand the defaulted fees against Party A, and
          shall have the right to withdraw the mobile phone number and put it into service again.


6   Miscellenous
    6.1   Party A may voluntarily subscribe or revoke the value-added telecom application service provided by the
          information service provider through Party B’s mobile communication network platform.
    6.2   If Party A customizes, receives and sends all information provided by the information service provider which
          have cooperation relationship with Party B through Party B’s mobile communication network, Party A agrees
          that Party B may charge Party A the information fee on behalf with the authorization by the information
          service provider.
    6.3   The tariff standard for Party A’s use of the value-added telecom application service provided by the
          information service provider shall be announced by the information service provider. If Party A objects to the
          charged service fees, it may settle with the information service provider through negotiation under the
          assistance of Party B.
    6.4   Any and all disputes arising hereunder may be settled by both parties through negotiation, if no settlement
          can be reached through negotiation, both parties may appeal to the telecom management department or
          complain to the relevant departments such as consumers association, or settle by legal means.
    6.5   This Agreement is made out in duplicate with each party holding one respectively, and each copy shall have

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                                                                                                    ________Version 2009
           equal effect in law. This Agreement shall come into force after affixed with the special business seal, seals of
           the service hall and sales of Party B, sealed or signed by Party A subscriber. The matters not covered herein
           shall be settled by both parties through negotiation.




           The English interpretation only serves as the English translation of the Chinese version of the
           agreement provided by our company, which are consistent in contents. In case of discrepancy in
           understanding due to translation, the Chinese version shall prevail.




Party A or Party A’s Guardian/Attorney                             Party B (Seal): China Mobile Group Shanghai Co., Ltd.
(Signature or Seal)




Address:                                                           Service Hall:




Party A’s Mobile Phone Number:                                     Handler:




Date: _____________ [MM/DD/YY]                                     Date: _____________ [MM/DD/YY]




                                           Print time: January 22, 2013 3:44:49 PM

								
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