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1、英語合同翻譯公司China Telecommunications Corporation Dalian Branch, Liaoning Province Telecommunications Services Agreement Place of signature: DalianDate of signature: , 2010Contract Code:Telecommunications Services AgreementParty A: Address: Party B: China Telecommunications Corporation Dalian Branch, Lia
2、oning ProvinceAddress: 167 Zhongshan Road, Xigang District, DalianThrough consultation on the specific matters related to the access of Party As user telephone and data service to Party Bs communication network, on the basis of mutual respect, equality and mutual benefit, (Hereinafter referred to as
3、 Party A) and China Telecommunications Corporation Dalian Branch, Liaoning Province (hereinafter referred to as Party B) reached the following agreement:Article 1. Basic ContentParty B shall provide the appropriate access device to meet the Party A's telephone and data service needs, including t
4、he access of Party A's telephone and data service to Party Bs network and the use of Party Bs service. Party As specific needs: virtual network telephone (s), direct line telephone (s) and dedicated internet access (es).Party A shall hire trunk line for the use of , and the bound segment or numb
5、er provided by Party B is for the Party As use. Article 2. Both Parties Responsibilities and Obligations2.1 Party As Responsibilities and Obligations2.1.1 Party A agrees to comply with the relevant national telecommunication charge standard and the relevant charge policy standards issued by the Mini
6、stry of Information Industry and Party B during each period.2.1.2 Party A uses the trunk line provided by Party B for access services, and must comply with relevant national laws, regulations and policies; in the event that Party A has the act in violation of national laws or relevant provisions dur
7、ing the use of the rental service, Party A shall bear have full responsibility for all the consequences arising therefrom.2.1.3 Party A shall be responsible for the access of all the telephones and data services used by Party A to the network operated by Party B.2.1.4 Party A shall provide Party B w
8、ith the computer room that meets the placement requirements of Party Bs equipment for free and the power supply and other related resources, and provide convenient conditions for the construction; the location of the computer room is as follows: 2.1.5 Based on Article 23 of the "Measures for th
9、e Administration of Record of Non-commercial Internet", Party As website shall be closed and the record shall be cancelled, provided that the record information is untrue. Party A promises and confirms that all the record information submitted is real and effective; when the record information
10、changes, Party A shall submit updated information in the record system in a timely manner; in the event that the record information is not accurate as a result of failing to update in a timely manner, Party B shall be entitled to deal with Party As access website by closing, without assuming any res
11、ponsibility.2.1.6 According to Article 36 of the "PRC Tort Liability Act", in case Party As action constitutes an aggression upon civil rights of others, Party A shall bear tort liability. In case Internet users use Web services to implement acts of infringement, the infringee shall be ent
12、itled to notify Party A of taking deletion, shield, link break and other necessary measures. In case of failure to take the necessary measures after receipt of the notice, Party A shall be jointly and severally liable for the expansion portion of the damage of the Internet users. In case of failure
13、to take the necessary measures after being aware of that Internet users use their network services against civil rights of others, Party A shall be jointly and severally liable to the network users.2.2 Party Bs Responsibilities and Obligations2.2.1 Party B shall promise to provide Party A with the a
14、ccess equipment meeting all of its service needs for free, and be responsible for the daily maintenance of equipment systems, to ensure Party As successful use.2.2.2 Party B shall be responsible for providing Party A with required e adequate telecommunications network resources, including: line, int
15、erface, technology, and service support and so on; Party B shall promise to provide 7*24-hour one-stop service, with the complaint phone of 10000.2.2.3 Party B shall ensure construction safety, that is, installation works shall not affect Party As normal work and operation, or shall not cause damage
16、 to the building and its environment. In case Party Bs construction causes personal and property losses to Party A or any third-party, Party B shall assume the compensation liability, and therefore exempt from any adverse effects therefrom caused to Party A. 2.2.4 For system equipment installation,
17、routine maintenance and other related matters, Party B must comply with Party As management system; in case of entering Party As work area such as computer room, etc, Party B shall obtain the approval of Party As leader through advance notice.2.2.5 Party B shall ensure that the installed system has
18、no interference, influence, or destruction on the normal operation of Party As electronic and communication systems; any effects arising shall be immediately repaired and eliminated by special person; otherwise, Party A shall be entitled to take effective measures to ensure the normal operation of t
19、heir own systems. 2.2.6 In case of using Party As designated area according to the contract, Party B shall not occupy excessive position or any other positions affecting Party As normal use; Party B shall ensurethat the area can be used for the agreed purpose and scope; Party B shall be bear all the
20、 consequences and losses arising from Party Bs going beyond the purpose and scope of the area.2.2.7 Party B shall be responsible for going through all approval formalities associated with this; in case of failure to obtain the approval of relevant government departments, Party B shall assume all res
21、ulting liability.2.3 Both Parties Mutual Responsibilities and Obligations After the conclusion of this agreement, both parties shall complete the project construction involved in the services as soon as possible; for any problems resolved by both parties consultation during this period, both parties
22、 shall cooperate closely with timely troubleshooting, after the network is officially put into use, in order to ensure normal communication.Party As contact person: Contact phone ; Party Bs contact person: Contact phone . Article 3. Charging Standard and Payment Method3.1 Charging standard: Party A
23、shall pay communication cost in the form of collection on a monthly basis; the charging standard shall be in accordance with the preferential charge given to Party A by Party B. For the specific charges, see the annex.3.2 Party As payment method: Party B shall receive all communication costs resulti
24、ng from Party A by bank transfer. For the call charge resulting from Party A, calendar month shall be used as the billing cycle; Party A shall pay the monthly fees last month before the fifteenth day of every month; in case of Party As overdue payment for service charge, Party B shall collect % per
25、overdue day as late fee; in case of failure to pay the charge in excess of days, Party B shall be entitled to stop the service for Party A, and it can be deemed as Party As breach of contract. Article 4. Delimitation of Maintenance InterfaceAny equipment and pipelines invested and constructed by Par
26、ty B shall be owned by Party B, and in principle, Party B shall be responsible for maintenance; Any equipment and pipelines invested and constructed by Party A shall be owned by Party A, and Party A shall be responsible for maintenance. Meanwhile, both parties shall have an obligation to protect the
27、 other party's equipment and pipelines, and take positive and effective measures to protect the communication equipment and pipelines from damage. Party A shall not allow other operators to use or have access to any equipment and pipelines invested and constructed by Party B without Party Bs wri
28、tten consent; otherwise, this shall be deemed as Party As breach of contract, and Party A shall bear the corresponding liability for breach. Specific maintenance interface is divided as follows: 4.1 The broadband maintenance interface shall be the client port, the portion above the port shall be mai
29、ntained by Party B, and the portion below the port (including switch and router) shall be maintained by Party A;4.2 For the voice maintenance interface, the analog line shall be in either partys wiring terminal; for the access to client switch, Party B shall be responsible for the portion above swit
30、ch port, and Party A shall be responsible for the portion below the switch port (including switch)Article 5. Liability for Breach of Contract 5.1 According to the mode of cooperation determined by both parties, Party A shall not use other operator services within the service scope provided by Party
31、B under the same conditions during the period of this Agreement. Otherwise, this shall be deemed as a breach of contract, and Party A shall compensate for any direct and indirect losses therefrom caused to Party B. The property ownership of the equipment invested by Party B belongs to Party B; to pr
32、otect communication security, without Party Bs written consent, Party A shall not add or load any types of terminal equipment onto any equipment invested by Party B.5.2 Any matters not covered in this Agreement shall be resolved by both parties through consultation on the basis of mutual understandi
33、ng and cooperation. In case either party fails to fulfill the obligations of this Agreement or the fulfillment of the obligations fails to meet the requirements of this Agreement, non-defaulting party shall be entitled to take any of the following measures:5.2.1 Requiring defaulting party to continu
34、e to fulfill its obligations;5.2.2 Requiring the defaulting party to take timely and reasonable remedial measures;5.2.3 Requiring the defaulting party to assume compensation liability for any losses caused by its breach of contract;5.3 Both parties shall agree to fulfill the contract terms; in case
35、of the halfway suspension of the communication project construction or failure to enable or benefit from the communication project construction after completion as a result of either partys breach of contract or the other reasons caused by either party, the defaulting party shall indemnify the entir
36、e cost of the project; in the event that either party early terminate the payment of due penalty without cause, the enjoyed charge concessions shall be refunded.Article 6. Force Majeure6.1 In case of failure to fulfill this Agreement due to force majeure (earthquake, war, natural disasters, etc.), b
37、oth parties shall be exempted from liability.6.2 During the execution of this Agreement, in case of failure to fulfill this Agreement according to agreed objectives and provisions due to national policies, regulations, adjustments and other force majeure factors, both parties shall not be liable for
38、 breach.Article 7. Privacy Policy For any contents related to this Agreement (including the Supplemental Agreement) and the other party's confidential information directly or indirectly obtained by either party for the performance of this Agreement, within one year from the effective date of thi
39、s Agreement to the termination of this Agreement: 7.1 Both parties must keep the cooperative agreement terms and conditions confidential, but not disclose them to any third parties unrelated to the performance of this Agreement.7.2 Both parties shall ensure the confidentiality of client information,
40、 and unless required by law, shall not disclose it to any other individuals and units.7.3 "Confidential Information" means the contents of this Agreement and its annexes and any information related to the other partys service process, service strategy, service plan, property, operation mod
41、e, existing products or products to be developed, which is known by either party for the performance of this Agreement.7.4 Without Party As written authorization, Party B shall not use Party As trademarks, brand names, logos or designs.7.5 During Party Bs external promotion and advertising activitie
42、s, without Party As prior written consent, Party B shall not use the generation of its legal relationship with Party A established according to this Agreement to establish the relationship with Party A such as partnership, joint venture, associate, strategic partners or other similar legal relations
43、hips.Article 8. Anti-fraud (Bribery) Terms8.1 During the negotiation, conclusion and performance of this Agreement, Party A shall not give Party Bs any worker any form of bribery (including but not limited to gifts, rebates and special discounts, etc.) for any reason; otherwise, this shall be deemed
44、 as the other contracting partys breach of contract. Party B shall be entitled to claim the contracting party for the total loss arising therefrom, and be entitled to terminate this Agreement without giving any compensation or damages to the other party.8.2 During the negotiation, conclusion and per
45、formance of this Agreement, in case Party Bs any worker raises any bribe requirements to Party A, Party A shall immediately notify Party B. In case there is conclusive evidence to prove the existence of these illegal act in Party Bs any worker, Party B shall take appropriate measures to protect both
46、 parties interests. Article 9. Dispute Resolution: Both parties agree that any dispute arising from any matters related to this Agreement shall be resolved as follows: 9.1 In case of failure to fulfill all obligations under this Agreement due to force majeure, or occurrence of the dispute related to this Agreement arising from the performance of this Agreement, both parties shall firstly resolve the dispute through friendly consultations.9.2 In case both parties fail to reach agreement on the dispute, either party shall be entitled to summit the dispute to Party As local court.Article 10. Agr
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