This agreement is an eSign Service Agreement signed by Hangzhou Tiangu Information Technology Co., Ltd. and eSign users. Hangzhou Tiangu Information Technology Co., Ltd. provides services under the eSign platform for eSign users. This Agreement has contractual effect, the user has checked the box to confirm that this Agreement is established and effective.
This eSign Service Agreement is updated on July 23, 2021 and will become effective on July 23, 2021.
I. Declaration and Commitment
1.1 You acknowledge that you have read and understood this Agreement in its entirety prior to registering as a user of eSign, and that by registering and successfully using the Service, you agree to abide by all of the terms of this Agreement. If you do not agree to any of the contents of this Agreement or are unable to understand the terms of this Agreement correctly, please do not check this Agreement for subsequent operations. At the same time, you undertake to comply with the provisions of Chinese laws, regulations, rules and other governmental regulatory documents, and if any legal consequences result from any violation, you will be independently responsible for all corresponding legal liabilities in your own name.
1.2 You agree that the Company reserves the right to make unilateral changes to the content of this Agreement at any time without separate notice to you and that the changes will be posted on www.esign.cn. If you continue to use the Service after changes to the content of this Agreement are posted, you represent that you have fully read, understood and accepted the modified content of this Agreement and will use the Service in accordance with the modified content of this Agreement; if you do not agree with the modified content of this Agreement, you shall cease using the Service at your own discretion.
II. Definitions and Explanations
2.1 eSign Account
An eSign account is a unique number provided by the Company to you. You can set your own password for this account to use or check the e-signature services provided by the eSign platform for you. You must use your email or mobile phone number or other means permitted by the Company, such as entering your password, filling in the SMS verification code, scanning the QR code, identifying your biometric features, etc., as a means of logging into your eSign account.
2.2 The Platform
Except as otherwise provided in this Agreement, the Platform means www.esign.cn and the relevant mobile client of eSign and the applets of eSign under other applications.
2.3 Third party Certificate Authority(CA)
Refers to a third party digital certificate issuing authority with an Electronic Certification Service License.
2.4 Electronic signature authentication certificate (digital certificate)
A string of data provided by a nationally recognized third party digital authentication centre containing the identity information of the certificate holder and relevant information such as the public key, used to confirm the identity information of the communicating parties in Internet communications and to ensure the security of online information.
2.5 Digital signature
Some data attached to a data unit or a cryptographic transformation of a data unit. This data or transformation allows the recipient of the data unit to confirm the origin of the data unit and the integrity of the data unit and to protect the data from forgery by, for example, the recipient.
2.6 Electronic seal
The electronic image data of a traditional physical seal based on digital signature technology has the basic characteristics of being digitally stored, having a unique identification, being protected based on digital signature technology and being used only after authorization.
2.7 Handwritten signature
Electronic image data of traditional handwritten signatures based on digital signature technology, with basic features such as digital storage, unique identification, protection based on digital signature technology and being used only after authorization.
2.8 Electronic signature (signature)
Based on electronic handwriting or electronic seal information, digital signature technology is used to achieve security protection of electronic documents (e.g. Word, Excel, web pages, PDF, OFD, etc.) and visual graphical presentation of seal information, which can be used to identify the authenticity of the identity of the signatory of an electronic document, the non-repudiation of the act of signing, and the integrity of the document being signed.
Means a legally valid time stamp provided by a third party that proves that a piece of electronic data already existed at a certain point in time and that any changes made after that point in time can be detected.
3.1 Electronic signature services
3.1.1 You can create your own electronic signature production data through the eSign platform. You can choose the appropriate method of identity authentication for your digital certificate application on the eSign platform, and you can choose the seal services such as template seal, handwritten seal and QR code seal to create your own personal seal. You can access the corresponding electronic documents on the eSign platform, adopt your personal seal and complete the signing of electronic documents according to your personal wishes by invoking your digital certificate private key.
3.1.2 At the same time you sign an electronic document, the eSign platform will timestamp that electronic document to determine the time of signing for each electronic signature.
3.1.3 eSign ensures that the electronic signature creation data you create on the Platform is exclusively owned and controlled by you.
3.2 Certificate deposit and issuing service
3.2.1 In order to ensure that your electronic contract can be more probative at a later stage, you authorize the eSign platform to collect and fix your signing information, including but not limited to the device information, network information, system logs, signatory identity information, signing method and other data of the operating account.
3.2.2 the electronic documents signed by you and the signed information are transmitted to eSign's depository system in real time and are fixed in real time using time-stamping technology.
3.2.3 After the electronic document or signed information has been fixed, you can issue an electronic or paper version of the evidence report through the eSign platform to prove the authenticity of the electronic document and the signing process.
3.3 Legal services
3.3.1 You authorize eSign to synchronise the transmission of your signed electronic documents to a third party notary, and you may apply for the issuing of a notary certificate through eSign's depository platform to certify that the electronic documents have not been tampered with since the date of storage to the notary.
3.3.2 You authorize eSign to synchronise the transmission of the hash value of your signed electronic document to a third party forensic centre and you may apply for the issuing of a forensic opinion through eSign's depository platform to prove the consistency of the electronic document against the hash value of the electronic document.
IV. Service Fees
We reserve the right to charge you for the use of the Service. The Company reserves the right to set and adjust the service charges as set out in the notice of charges set out on the product pages of this website at the time you use the Service or as otherwise agreed between you and the Company in writing.
V. User Accounts
5.1.1 eSign users are divided into individual users and corporate users. At the time you agree to accept this Agreement and register as an eSign user, you are 18 years of age or older, or you are a legal person or other organization legally conducting business activities or other business in mainland China; the content of this Agreement is not precluded by the laws of the country or region to which you belong. If you do not meet the aforementioned conditions, you shall immediately terminate your registration or stop using the Service.
5.1.2 The eSign account is the unique number provided to you by the Platform. Except as otherwise provided in this Agreement or in the relevant products, you must register on the Website or log in via the mobile phone verification code to obtain the eSign account provided to you by the Company and provide the relevant information as required by the Company in order to use all the services provided by the Company.
5.1.3 You shall accurately and truthfully fill in the registration information required of you by this website, carefully improve your personal data and ensure the authenticity of your contact information and email address, so that this contract can make timely and effective contact with you.
5.1.4 You confirm that if you register on the Platform on behalf of other natural persons, legal entities and other organizations, you represent and warrant that you are legally authorized by them and bound by this Agreement.
5.2 Identity authentication
5.2.1 You can use the e-signature services provided by eSign after you have actually obtained an eSign account through registration or other means permitted by us, and you can choose whether or not to use the identity authentication service provided by eSign. If you choose identity authentication, you can use your own digital certificate to complete the electronic signature. If you do not choose identity authentication, eSign will use the tamper-proof digital certificate of Hangzhou Tiangu Information Technology Co., Ltd.
5.2.2 If you complete the e-signature without identity authentication, the digital certificate after the completed e-signature will not be replaced by your identity authentication again, and the e-signature is irrevocable after it has been signed. If you need to use your own digital certificate for e-signature, you should authenticate your identity and initiate the act of e-signature again.
5.2.3 If you complete the e-signature without identity authentication, although the electronic data signed by the e-signature is tamper-proof, the electronic data signed by your e-signature may not be recognised by the judiciary for reasons such as the identity of the subject is unknown, as your account with e-signature cannot be verified with your real identity.
5.2.4 If you complete the electronic signature without identity authentication, you should clearly inform the parties to the electronic contract of the risks and responsibilities of signing the electronic contract without identity authentication and state them in a clear manner in the electronic contract to ensure that the parties to the contract sign the electronic contract using the electronic signature with clear knowledge of the risks and responsibilities.
5.2.5 You are aware of the legal consequences of not using identity authentication for you and your signatory associates, and you can choose whether to use our identity authentication according to your actual application scenario and needs. We are only a technical service provider for identity authentication and electronic signature, and we are not responsible for the legal consequences of whether you choose identity authentication or choose a different type of identity authentication.
5.2.6 You shall complete your identity information in accordance with the requirements of e-signature to finalise the identity authentication. If the electronic signature (signature) operation of you or your signing associate does not complete the identity authentication and the electronic signature act of you or your signing associate and the electronic contract signed as a result are not protected by the relevant laws, you shall bear the corresponding legal responsibility.
5.3 Information related
5.3.1 You shall update your correct, current and complete identity information and related data in accordance with the requirements of eSign in a timely manner after obtaining such account. If we have reasonable grounds to suspect that the identity information and related data provided by you are incorrect, inaccurate, out of date or incomplete, we have the right to suspend or terminate the provision of some or all of the eSign Services to you. The Company shall not be responsible for this and you will bear any direct or indirect expenses incurred as a result. If the Company requires you to provide any additional relevant information due to national laws and regulations, departmental regulations or regulatory authorities, the Company has the right to suspend or terminate the provision of part or all of the eSign Services to you if you fail to cooperate in providing the relevant materials in a timely manner, and the Company shall not be liable for any loss caused by your failure to cooperate in providing the relevant materials.
5.3.2 You shall accurately provide and promptly update the email address and contact details you provide to enable us to contact you in a timely and effective manner. You shall be solely responsible for any losses or increased costs suffered by you in the course of using the Service as a result of not being able to contact you through such contact details. You understand and agree that you are obliged to keep the contact details you have provided current and to update them if they need to be changed, as requested by us.
5.3.3 You shall promptly update your information (including but not limited to ID card, household register, passport or other identification documents, contact details, email or mobile phone number used as the login name of your eSign account, email or mobile phone number bound to your eSign account, etc.). You shall be responsible for all consequences arising from your failure to update your information in a timely manner, such consequences include but are not limited to the inability to provide the Service or any error in the provision of the Service, misuse of your account and electronic signature creation data by others.
5.3.4 If you are an individual user, you acknowledge that we have the right to request verification of your valid identity document or other necessary documents and to retain a colour scanned copy of the valid identity document, and you shall cooperate with us, otherwise we have the right to restrict or stop providing some or all of the eSign Services to you; and you agree that we have the right to transfer your personal identification information, copies or scanned copies of documents to credit bureaus and other nationally recognized data service providers for their use and retention for the purpose of verifying the identity of the signatory.
5.3.5 If you are an corporate user and your corporate is merged, dissolved, cancelled, declared bankrupt or closed down, or has its business license revoked, you shall notify eSign in writing within 5 working days of the occurrence of the above circumstances and terminate the use of your eSign account registered as such corporate user and the corresponding digital certificate, otherwise, eSign has the right to cancel your eSign account and revoke your digital certificate at any time without any liability for breach of contract. Otherwise, eSign has the right to cancel your eSign account and revoke your digital certificate at any time without incurring any liability for breach of contract, and you shall be responsible for all compensation for any loss caused to eSign due to your failure to fulfill such notification obligation.
5.3.6 If you are a corporate user, in the event of a change of corporate information, you are required to re-authenticate your identity in the corporate console of the eSign platform after completing the change of business information to update your account-related information and apply for a new digital certificate for document signing. If you continue to use the digital certificate containing your original business information to sign documents without timely re-authentication on the eSign platform after the change of business information, eSign will not be responsible for any risk or loss caused by such action.
5.3.7 You agree that the Company has the right, at your option, to carry out authentication review of the information (including but not limited to mobile phone number, email address, ID card, household register, bank account, business licence, proof of organization, etc.) required to be submitted by you or your signed associates in the course of using the Service, and that the authentication review is limited to screening and verification of the information and materials submitted by the user, and that the Company will conduct a reasonable and careful formal review of the data and information submitted by the user, but within the Company's legal authority and reasonable ability, the Company cannot substantially review the actual operation, operation and transactions of the user, and does not provide any guarantee for this. If a dispute arises with another user or a third party as a result of the user's actions, the user shall be solely responsible for the external liability and you shall compensate the Company, the other user or the third party for any damage caused as a result.
5.3.8 If you access this Agreement through the website of the third party platform and check the box to confirm the establishment of this Agreement, you are deemed to have agreed to synchronise the data generated on the third party platform to the eSign platform, and if the third party platform has transmitted the data generated on its platform to the eSign platform, the user can obtain the user's data, such as the signed electronic contract, and the corresponding evidence report, etc. on the eSign platform.
5.3.9 If authorized by you (as authorized by you in the Alipay Contract Manager applet), eSign will synchronise the transfer of your signed electronic contracts to the Alipay Contract Manager applet and you can view your signed electronic contracts in the Alipay applet. Also for easy viewing, you authorize Alipay to perform functions such as physical consolidation and archiving of your signed contracts for service enhancement.
5.4.1 The eSign account you apply for cancellation should be the account you have registered in accordance with the eSign Service Agreement. You shall follow the procedures prescribed by us or the instructions on our website to cancel your eSign account.
5.4.2 Cancellation of an account is a non-recoverable operation and you will no longer be able to use the account or retrieve any content you have added or bound to the account, including information relating to digital certificates, electronic handwriting, electronic seals, electronic documents and signature records (even if you use the same mobile phone number to register and use eSign again), and you should back up the information and data relating to the account yourself. Please ensure that all documents relating to the account have been properly disposed of before proceeding.
5.4.3 Cancellation of an eSign account will result in the termination of the rights and obligations agreed between us and you and may also have the following consequences for that account, which you will be responsible for.
A. all personal details and signed documents for the account will not be recoverable.
B. the contact person for the account will not be able to contact you via the account.
C. The balance of the package fees charged to the account will not be refunded.
5.4.4 The eSign account that you apply for cancellation shall be free from any outstanding contractual relationships and other rights and obligations arising or maintained on the basis of the existence of the account as a result of the cancellation of the account and where the Company considers that the cancellation of the account would give rise to a dispute over outstanding rights and obligations arising therefrom.
5.4.5 We reserve the right to terminate the cancellation of your eSign account at our sole discretion without your consent if, during the period of cancellation, your account is the subject of a complaint by another person, is under investigation by state authorities or is the subject of litigation or arbitration proceedings, or is found to be in any circumstances.
5.4.6 You agree that if we are still in existence or need to verify your relevant contract signature at the time you apply for cancellation of your eSign account, we have the right to continue to freeze your eSign account for continued verification and, if necessary, to report fraudulent or illegal acts to regulatory or judicial authorities. Cancellation of your eSign account does not exempt or mitigate the account actions and related liabilities in respect of such account cancellation.
5.5 Account security
5.5.1 You shall keep your eSign login and password, identification information, mobile phone verification code and other information in safe custody and you shall be responsible for any loss arising from the disclosure of your password or identification information due to you. You shall keep such products or equipment under your control or supposed to be under your control in safe custody and you shall be responsible for any loss arising from the loss of such products or equipment.
5.5.2 Based on user habits on computers, mobile phones and other electronic devices, we may set up different account login modes and take different measures to identify you when you use specific products.
5.5.3 If you become aware of any fraudulent use or theft of your eSign login name, password, authentication code or any other circumstances not legally authorized, or the loss of your mobile phone or other device associated with your eSign account or any other circumstances that may compromise the security of your eSign account, you should immediately notify us in a valid manner and apply to us for suspension of the relevant services. You understand that there is a reasonable period of time for the Company to act on your request and that the Company shall not be liable for the instructions executed and for any loss incurred by you until such time.
5.5.4 You should ensure that you take the correct steps to leave the Website at the end of your continuous access to the System. The Company cannot and will not be liable for any loss, damage or other adverse consequences arising from your failure to comply with this paragraph.
5.5.5 You acknowledge that you are solely responsible for your eSign Account and that only you may use it. The account is non-transferable, non-giftable and non-inheritable, but the relevant assets within the account may be legally inherited. If you decide that you no longer wish to use the Account, you should export or delete the data available in the Account and apply to the Company for cancellation of the account in accordance with the procedures set out by the Company.
5.5.6 The Company has the right to know the true transaction background and purpose of your use of the Company's products or services and you shall truthfully provide true, comprehensive and accurate information required by the Company; if the Company has reasonable grounds to suspect that you have provided false transaction information, the Company has the right to temporarily or permanently restrict some or all of the functions of the products or services used by you and you shall be responsible for the corresponding consequences.
VI. Rules for Users
6.1 We accept instructions from you in one of three ways: Firstly, by logging into your eSign account on this website or other websites or software where the Service is available, using your eSign account name and password or a secure product such as a digital certificate, and modifying or confirming the instructions in accordance with the pre-defined process for the Service；Secondly, replies to messages (SMS or telephone calls etc.) sent by you to the System from the mobile phone or other means of communication (hereinafter collectively referred to as such mobile phone) number that was used as the name of such account or tied to such account at the time of your registration. Thirdly, the information you send to this system through other hardware, terminal, software, code, other account name, etc., tangible or intangible, which is used as the name of the account at the time of your registration or is tied to the name of the account. Any instruction given by you to the Company by any of the above three means shall be irrevocable or revocable and shall be the sole instruction of the Company to provide you with electronic signature (signature) services and shall be deemed to be your own instruction and you shall be responsible for any results arising from the faithful execution of such instruction by the Company. Binding of this Agreement means that there is a corresponding relationship between your eSign Account and the tangible or intangible entities referred to above in this section, that such relationship enables certain service functions of the eSign Services, and that such relationship sometimes enables such tangible or intangible entities to serve as the basis for the identification and recognition of your eSign Account by the System.
6.2 In the course of your use of the Service, the content of this Agreement, the prompts on the web page regarding the operation of the transaction or the content of the information sent by the Company to the mobile phone (SMS or telephone, etc.) are the relevant rules for your use of the Service, and your use of the Service means that you agree to accept the relevant rules of the Service. You understand and agree that the Company has the right to unilaterally amend the relevant rules of the Service without your consent, and that the rules of the Service shall be subject to the instructions on the page (or the SMS or telephone message sent to the mobile phone, etc.) when you use the Service, and that your agreement to and compliance with the rules of the Service is a prerequisite for your use of the Service.
6.3 The Company may notify you of the progress of the electronic signature (signature) service and prompt you to proceed with the next step by email or SMS, but the Company does not guarantee that you will receive such email or SMS in a timely manner and will not be liable for any consequences thereof. The Company shall not be liable for any dispute or loss arising from your failure to check and perform the electronic signature (seal) operation in a timely manner.
6.4 You agree to authorize the Company to provide your signature information to your e-signatory affiliates and agree that the Service shall be free from any legal liability arising from such information without altering the substance of the information provided by you. You agree to provide the Company with the necessary signature information (including but not limited to your name, contact number, email address, ID number, etc.) with the consent of your signing associate and you are responsible for the authenticity of this information and the Company shall not be liable for any disputes or losses arising from any untrue or incomplete information provided by you.
6.5 You confirm that where you sign documents on the Platform on behalf of another organization, you are legally authorized by that organization to provide us with its necessary signing information (including, but not limited to, organizational references, seals etc.) and you shall ensure that such information is complete, true and up to date. You shall be liable for any loss, damage and other adverse consequences arising from your failure to comply with this paragraph.
6.6 By using the electronic signature service provided by the Company, you agree that you and your counterparty have reached an agreement on the signing of the electronic document and agree to use electronic signature to complete the signing of the document, and you acknowledge the electronic data generated during the signing process.
6.7 You authorize and agree that we will synchronise all your electronic data after you have logged on to the eSign Platform by different means. You may log on to any page on the eSign Platform to carry out operations, and the information of such operations will be synchronised on other pages of the eSign Platform, APP or applets of third party applications.
6.8 Risks of use
6.8.1 If you or the party with whom you are signing an electronic document does not comply with the instructions and rules set out in this Agreement or on the instructions page of the Website when using the Service, the Company reserves the right to refuse to provide the relevant service to you and the party with whom you are signing, and the Company shall not be liable for damages.
6.8.2 You will be responsible for any loss caused by your fault, including but not limited to: not following the electronic signature (seal) instructions, failing to carry out the identity authentication operation, failing to carry out the electronic signature (seal) operation in a timely manner, forgetting or leaking your password, having your password cracked by someone else, or having the computer you are using hacked by someone else.
6.9 Data storage
6.9.1 We are not responsible for the deletion or storage failure of your data in relation to the Service, but you acknowledge that the signature records of your eSign account, etc. are subject to the data recorded in the eSign system.
6.9.2 The Company reserves the right to determine the maximum period of storage of data on the Service for an individual user at its discretion and to allocate maximum data storage space on the server for that user, etc. You may back up the relevant data in the Service at your own discretion as you see fit.
6.9.3 If you stop using the Service or the Service is terminated or cancelled, the Company may permanently delete your data from the server. We are not obliged to return any data to you after the Service has been stopped, terminated or cancelled.
6.10 Restrictions of use
6.10.1 You shall comply with the relevant laws and regulations of the People's Republic of China, the laws and regulations of your country or region and relevant international practices when using the Service and shall not use the Service for any unlawful purpose or in any unlawful manner.
6.10.2 You must not use the Service to engage in acts that infringe the legitimate rights and interests of others, otherwise the Company has the right to refuse to provide the Service and you shall be liable for all relevant legal liabilities, and you shall be liable for any damage caused to the Company or our employees as a result.
6.10.3 You understand and agree that the Company shall not be liable for any damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (whether or not the Company has been advised of the possibility of such damages), arising out of any of the following.
A. We reserve the right to suspend, discontinue or terminate the provision of the Service or any part thereof to you and remove your Data from all or any part of your eSign account in our sole discretion, including but not limited to if we believe that you have breached the express terms and spirit of this Agreement.
B. If the Company finds abnormal signatures or reasonably suspects that the signatures are suspicious or in breach of legal provisions or this Agreement, the Company has the right to suspend or terminate the use of all or part of your eSign account without notice (including but not limited to taking restrictive measures such as cancelling signatures for electronic documents and in-transit signature processes under these accounts) and refuse your use of some or all of the functions of the Service, and notify you by You shall be notified of such refusal by email or SMS or client notification.
C. You understand and agree that we have the right to suspend or terminate all or part of the eSign Services or all or part of the signature process for your eSign account, and to restrict some or all of the functions of the products or services you use (including, but not limited to, restrictive measures such as the cancellation of signatures for electronic documents and in-transit signature processes under these accounts), and notify you by email or intranet or client notification, and you should promptly be aware that.
1) In accordance with the agreement of this Agreement.
2) In accordance with the provisions of laws, regulations and legal instruments.
3) According to the requirements of the competent authorities.
4) When your use of the eSign Service is suspected of violating national laws, regulations and administrative provisions.
5) When the Company considers, based on its unilateral reasonable judgment, that there are abnormalities in the account operation, signature process, etc.
6) When the Company considers, based on its own reasonable judgment, that risks may arise.
7) If you have violated the rules of the activity and the principle of honesty and credit by participating in market activities such as bulk account registration and other frauds.
8) You have been complained about by another person and the other person has provided certain evidence.
(9) You may have mistakenly put another person's account under the identity authentication.
6.10.4 If you apply for the reinstatement of the Services and the lifting of the above-mentioned freeze, you shall provide the relevant information and proof of your identity and other information or documents as required by us for our verification and we shall be entitled to decide whether to grant your application at our sole discretion. You should fully understand that your application is not necessarily permitted. If you refuse to provide the relevant information and proof of identity, or if you fail to pass our verification, you acknowledge that we have the right to cease providing services to such accounts and to restrict some or all of the functions of such products or services for a prolonged period of time.
6.11 We may, without prior notice, terminate the provision of the Service and suspend, close or delete all or part of your eSign accounts and all related information and files in those accounts and return your electronic files held in those accounts to your email address if we reasonably consider it necessary to do so.
6.12 The following circumstances are not appropriate for the use of electronic instruments under the Electronic Signatures Law.
A. those involving personal relationships such as marriage, adoption, inheritance, etc.
B. those involving the cessation of public utility services such as water supply, heat supply, gas supply, etc.
C. other situations where electronic instruments are not applicable as stipulated by laws and administrative regulations.
6.13 You must not use the Service for any purpose other than that permitted by the Company.
VIII. Intellectual Property Rights Statement
8.1 All content on this website, including but not limited to writings, images, files, information, materials, website structure, website screen arrangement, web design, is owned by the Company or our affiliates in accordance with the law and its intellectual property rights, including but not limited to trademarks, patents, copyrights, trade secrets, etc.
8.2 No person may use, modify, reproduce, publicly disseminate, alter, distribute or publicly publish the programs or content of this website without the written consent of the Company or the Company's affiliates.
9.1 The Company shall not be liable for damages if the following conditions prevent you from using the Services due to the failure of the Company's systems to function properly, such conditions include but are not limited to:
A. periods of system downtime announced by the Company on this website for maintenance.
B. Failure of telecommunications equipment that prevents data transmission.
C. The Company is unable to perform its services due to force majeure factors such as typhoon, earthquake, tsunami, flood, power failure, war, terrorist attack, etc.
D. Service interruptions or delays due to hacker attacks, technical adjustments or failures of telecommunications departments, website upgrades, etc.
The Company is only responsible for the scope of liability as stated in this agreement.
9.2 Any risk arising from the transaction shall be borne by you and the counterparty.
9.3 eSign User Information is provided by the User and the Company cannot guarantee the accuracy, timeliness and completeness of such information and you shall be solely responsible for your judgment.
9.4 To the extent permitted by law, the Company shall not be liable for any indirect, punitive, special or consequential damages (including loss of business, loss of revenue, loss of profits, loss of goodwill, loss of use of data or other economic benefits) arising out of or in connection with this Agreement, however arising and whether caused by a breach of this Agreement (including breach of warranty) or by tort. no liability whatsoever, even if previously advised of the possibility of such damages. In addition, the Company's liability for such damages shall be excluded even if the exclusive remedy provided for in this Agreement does not achieve its essential purpose.
9.5 You are fully aware and agree that we may provide the Service to both you and your counterparty and you agree to expressly waive any such action by us and not to rely on it to claim that we are legally defective in providing the Service.
9.6 By using the Service, you agree and acknowledge that we shall not be liable for any failure to provide the Service due to problems with the system itself, problems with connectivity to the relevant operating network or other unavoidable factors.
9.7 Except as otherwise provided in this Agreement or as otherwise agreed by us, your mandate to us and your instructions to us are irrevocable.
X. Liability for Breach
Unless otherwise agreed in writing between the Company and you regarding liability for breach of contract, the Company shall be liable for damages up to a maximum of RMB50,000 if an electronic document signed by you is deemed invalid by a court or arbitration committee as a result of a technical defect in our electronic signature.
XI. Legal and Dispute Resolution
The laws of the People's Republic of China shall apply to the validity, interpretation, variation, execution and dispute resolution of this Agreement, and where there are no relevant legal provisions, reference shall be made to common international commercial practices and/or industry practices. Any dispute arising from this Agreement shall be dealt with in accordance with the laws of the People's Republic of China and Hangzhou West Lake District People’s Court shall be the court of first instance.
12.1 You should also fully read, acknowledge and agree to abide by the additional terms and conditions of the relevant service when using the relevant eSign services.
12.2 This Agreement shall be effective from the date you agree to tick and successfully register as a user of the Website and shall remain in force unless this Service Agreement is terminated by the Website or the user loses his or her eligibility to be a user of the Website. The termination of this Service Agreement does not relieve the User of its obligations and responsibilities under this Service Agreement or other relevant agreements or rules.
12.3 If any provision of this Agreement is for whatever reason wholly or partly invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding.
12.4 The headings in this Agreement are for convenience only and shall not have any separate legal effect.
12.5 The Company shall have the final right of interpretation of this Service Agreement.