Sets out availability targets, incident response times and service credits for the Platform’s online services.
The monthly availability target for the Platform’s online services (deal desk, shelf and delivery interfaces) is 99.5%, calculated as (total minutes in month − unavailable minutes) ÷ total minutes in month.
The following are excluded from unavailability: scheduled maintenance announced 24 hours in advance, causes on the User side or attributable to third parties, force majeure, and User misuse or calls exceeding agreed volumes.
Incidents are graded in three levels: level 1 (total service unavailability), level 2 (core function unavailable) and level 3 (non-core function anomaly), with response times of 30 minutes, 2 hours and one business day respectively.
Where monthly availability is below 99.5% but not below 99.0%, the User may receive a service credit of 5% of that month’s service fee; below 99.0% the credit is 10%; below 95.0% the User may terminate the relevant services and receive a refund for the unused period.
Compensation is issued as service credits and must be requested by the 15th day of the month following the incident month. The aggregate compensation in any calendar year shall not exceed 30% of the service fees the User paid in that year.
"Platform" means the website, applications, interfaces and all related services provided by the operator; "User" means any natural person, legal person or unincorporated organization that accesses or uses the Services; "Services" means all products and business publicly offered and orderable on the Platform.
Terms such as "matched pair", "resource package", "data package", "membership benefit" and "information report" shall have the scope and quantities stated on the corresponding pages of the Platform.
Data products are delivered by a one-time download token, exclusive link or encrypted delivery package generated by the Platform. Tokens and links are for the ordering entity only and may not be sublicensed, resold or publicly disclosed.
Delivery completion constitutes acceptance. The User shall raise any written objection within five business days of receipt; failure to do so constitutes acceptance of the delivery as conforming. Inability to read the deliverables caused by the User’s own devices, network or environment does not constitute a delivery defect.
Each party represents and warrants to the other that it is duly organized and validly existing, has obtained all internal authorizations and external approvals required to enter into and perform this Agreement, and that such entry into and performance do not breach applicable law or its commitments to others.
The Platform provides the Services on an "as is" and "as available" basis and will use reasonable commercial efforts to keep them continuous and stable. The Platform gives no warranty against interruption, error or loss caused by third-party data, third-party systems or factors beyond its control.
Where direct loss to the User is caused by the Platform’s own fault, the Platform’s liability is limited to the fees the User has actually paid for the matter in dispute. The Platform is not liable for indirect or consequential loss such as lost profits, lost opportunities or data replacement costs.
The User shall indemnify and hold harmless the Platform and its affiliates against claims, penalties or losses arising from the User’s breach of law, this Agreement or Platform rules, or its infringement of third-party rights.
The Platform may send notices to the User via on-site messages, the order page, email, SMS or other means it deems appropriate. A notice is deemed served when sent to the contact details provided at registration or order, or subsequently updated by the User.
The User shall keep its contact details true, valid and up to date. Failure to receive a notice due to incorrect, invalid or un-updated contact details constitutes valid service, and the User bears the consequences.
This Agreement remains in force from its effective date until the parties’ rights and obligations are fully performed or it is terminated in accordance with its terms. Membership and subscription services run from the start and end dates stated in the order; rights automatically end if not renewed on expiry.
The Platform may suspend or terminate the Services without liability in any of the following cases: material breach by the User of this Agreement or Platform rules; provision of false information or fraudulent conduct; request by a competent authority; or termination, bankruptcy or liquidation of the User.
Termination does not affect rights and obligations accrued before termination, nor the survival of confidentiality, intellectual property ownership, limitation of liability and dispute resolution provisions.
The formation, validity, interpretation, performance and dispute resolution of this Agreement are governed by the laws of the People’s Republic of China (excluding its conflict-of-law rules and the laws of Hong Kong, Macao and Taiwan, China).
Disputes arising from this Agreement shall first be resolved through friendly negotiation; failing that, either party may bring an action before the competent people’s court at the place where the Platform operator is domiciled. During dispute resolution, the parties shall continue to perform the provisions unaffected by the dispute.
The Chinese version of this Agreement prevails, with the English version as a reference translation. Other language versions are provided solely for convenience and do not vary the Chinese version.
In case of ambiguity, omission or conflict between the Chinese version and any other language version, the Chinese version prevails; translation errors in any language do not affect the validity of the Chinese version.