Terms & Conditions

Trademark

This Agreement is entered into between Party A (principal) and Party B (HUYI GLOBAL) on the basis of equality, willingness, fairness and integrity to handle trademark affairs (including but not limited to the following services: registration, reexamination, opposition, renewal, change, assignment) on terms and conditions mutually agreed upon as follows:

1. Right for party A
   
   
   1. Party A has the right to require party B to feedback the progress and status of the trademark in prosecution at any time from the date this agreement is signed.
   2. Party A has the right to enquiry party B the problem or request in relation to trademark affairs prescribed in the agreement.
   3. Party A has the right to authorize party B whether to disclose the effective trade secret of party B in relation to trademark prosecution in the agreement, such as trademark, sign, and business information.
   4. Party A has the right to terminate the principal-agent relation at any time, but any fee paid by party A shall not be refunded.
   
   
2. Services provided by party B
   
   
   1. Party B accepts commission of Party A to handle trademark affairs legally. Detail of services refers to service items recited in terms & conditions in the agreement.
   2. Regarding the mark sign to be registered which is proved by party A, Party B can conduct a free trademark search and provide a professional evaluation freely, but the final mark sign to be registered is the one that is in the service items in terms & conditions certified Party A.
   3. Once Party A paid the service fee, Party B shall commerce to handle commission of trademark affairs.
   4. During process of the trademark affairs, Party B may provide free service of enquiry and/or answer of questions concerning those service items recited in the agreement.
   5. Party B should inform Party A the status of the trademark in time by means of email, telephone, etc,.
   6. Party B should serve the trademark document issued by Trademark Office to party A in time; but Party B is not liable for non-service of above document in time due to Force Majeure (including but not limited to earthquake, war, flood).
   
   
3. Liabilities and obligations of Party A and Party B respectively
   
   
   1. Party B shall protect the legal right and benefit of Party A, protect trade secret of Party A, and guarantee that Party B does not disclose trademark, sign, trade information and other information to any other third party during their confidential duration.
   2. During process of handling trademark affairs, Party B shall indemnify Party A’s losses incurred due to the reasons related to Party B, but total indemnity is no more than the contract value, in which said reasons includes: non-service of legal document in time, illegal act and fraud in prosecution of the trademark affairs.
   3. Party A shall cooperate Party B to handle trademark affairs, guarantee the validity of all documents, evidences and certificates provided to Party B, and be liable for the losses incurred by non-validity of those documents, evidences and certificates.
   4. Party A shall bear the risk of failure of approval of trademark registration by relevant Trademark Office or relevant Administrative Office under their local law, but Party B will assist to solve the issues professionally.
   5. Party A shall pay the fee recited in the agreement once by cash, check or remittance on the date that the agreement is signed; otherwise the commission shall not be performed.
   6. Party A shall provide contact information such as address, telephone number to party B, and party A shall inform Party B if the contact information is changed, otherwise Party B shall not be liable for the loss incurred.
   7. All disputes in connection with the agreement or the execution thereof shall be settled through friendly negotiations. In case no settlement can be reached through negotiations, the case should then be submitted for judgment to the Hong Kong court.
   8. Terms and conditions in relation to service items recited in the front page of the agreement shall constitute the entire and sole agreement between Party A and Party B. Any handwritten contents related to right, liability and guaranty in terms and conditions in this agreement are not legally binding Parties concerned. Any handwritten contents only related to principal-agent items and contract value shall take into effect once the amendment is signed by two parties. Parties concerned may agree to add additional terms and conditions as an supplement agreement, which shall take into effect once it is signed by two parties.
   9. All the terms and conditions are severable, and invalidity of any clause in this agreement shall not affect the validity of other clauses and provisions.
   10. This agreement takes into effect from the date on which it is signed, and terminates when the commission is ended. In witness thereof, this agreement is signed by both Parties in two original copies; each Party shall keep one copy.
   
   

Patent

This Agreement is entered into between Global Intellectual Property Company LTD (hereinafter refer to party B) and principal (hereinafter refer to party A) on the basis of friendly negotiation on the following terms and conditions mutually agreed upon, parties concerned clearly know all the contents contained in this agreement. Terms and conditions in this agreement together with service items recited in the front page constitute the entire and sole agreement between party A and party B.

1. Party B accepts commission entrusted by Party A to handle patent affairs under law and protect the legal right and benefit of Party A.
2. Party A shall state and provide valid information (including signed power of attorney) in relation to patent application and prosecution without reservation.
3. Party A shall be liable for the entrusted commission in relation to any verified misfeasance such as falsification of document or tort of other’s legal right and benefits, and Party B has the right to terminate the agreement and the payment shall not be refunded to party A.
4. The agreement can be revised upon mutually negotiated and agreed by parties concerned if the above said commission need to be changed.
5. Party A shall pay the fee recited in the agreement once by cash, check or remittance on the date that the agreement is signed; otherwise the commission shall not be performed. Once Party A has paid the payment, party B shall start the entrusted commission immediately and file relevant document with Intellectual Property Office.
6. Party A shall inform party B, by written means such as by facsimile or by post, any change of the contact information such as address, contact person, contact number during the effective contractual term of the agreement, otherwise party B shall not liable for any loss incurred due to failure to inform of party B. Party B shall also inform party A any change of the contact information such as address, contact person, contact number in time.
7. Unless otherwise specified in the agreement, party B shall not disclose any information of party A such as trademark, sign, trade secret or other information to any other third party.
8. Party A may terminate the principal-agent relation at any time, but any fee paid by party A shall not be refunded.
9. Party B shall refund all agency fee paid by party A if party B suffers any loss due to failure to completion of the commission (not including any loss due to refusal of patent by intellectual property office) in view of negligence of party B.
10. All disputes in connection with the agreement or the execution thereof shall be settled through friendly negotiations. In case no settlement can be reached through negotiations, the case should then be submitted for judgment to the court where the opposite party has a domicile.
11. Each of the terms and conditions in this agreement is severable, and invalidity of any clause in this agreement shall not affect the validity of other clauses and provisions.

Copyright

This Agreement is entered into between Global Intellectual Property Company LTD (hereinafter refer to party B) and principal (hereinafter refer to party A) on the basis of friendly negotiation on the following terms and conditions mutually agreed upon, parties concerned clearly know all the contents contained in this agreement. Terms and conditions in this agreement together with service items recited in the front page constitute the entire and sole agreement between party A and party B.

1. Party B accepts commission entrusted by Party A to handle copyright affairs under law and protect the legal right and benefit of Party A.
2. Party A shall state and provide valid information (including signed power of attorney) in relation to handling copyright affairs without reservation.
3. Party A shall be liable for the entrusted commission in relation to any verified misfeasance such as falsification of document or tort of other’s legal right and benefits, and Party B has the right to terminate the agreement and the payment shall not be refunded to party A.
4. The agreement can be revised upon mutually negotiated and agreed by parties concerned if the above said commission need to be changed.
5. Party A shall pay the fee recited in the agreement once by cash, check or remittance on the date that the agreement is signed; otherwise the commission shall not be performed. Once Party A has paid the payment, party B shall start the entrusted commission immediately and file relevant document with China Copyright Protection Center in time.
6. Party A shall inform party B, by written means such as by facsimile or by post, any change of the contact information such as address, contact person, contact number during the effective contractual term of the agreement, otherwise party B shall not liable for any loss incurred due to failure to inform of party B. Party B shall also inform party A any change of the contact information such as address, contact person, contact number in time.
7. Unless otherwise specified in the agreement, party B shall not disclose any information of party A such as copyright information, trade secret or other information to any other third party.
8. Party A may terminate the principal-agent relation at any time, but any fee paid by party A shall not be refunded.
9. Party B shall refund all agency fee paid by party A if party B suffers any loss due to failure to completion of the commission (not including any loss due to refusal of copyright by China Copyright Protection Center for dissatisfying the requirement of copyright registration) in view of negligence of party B.
10. All disputes in connection with the agreement or the execution thereof shall be settled through friendly negotiations. In case no settlement can be reached through negotiations, the case should then be submitted for judgment to the court where the opposite party has a domicile.
11. Each of the terms and conditions in this agreement is severable, and invalidity of any clause in this agreement shall not affect the validity of other clauses and provisions.

Internet Trademark Protection

We (institute) / I (individual) (the “Applicant”) having submitted to Hu Yi Global Information Hong Kong Limited (“the organization”) an application to apply for the .商标Domain Name(s) as specified in the application form in connection to this agreement as our/my domain name(s) and hereby agree to the following terms and conditions.

1. This agreement shall in additions to its express terms and conditions, in all respects be governed by, and construed in accordance with the “.商标 Domain Registry Implementing Registry Policy of Domain Name Registration in the ICANN”, and “Rules for CNNIC Domain Name Dispute Resolution Policy”.
2. The Applicant shall ensure that: (i) the information submitted by Applicant in connection with the Domain Name application or otherwise ("Applicant Information") is true, current, complete, accurate, and reliable; and (ii) in the event that any of the Applicant Information shall change or vary (including but not limited to address, telephone, fax or email) , the Applicant shall inform the organization of such changes in writing within 30 calendar days after such changes. The Applicant acknowledges that a breach of this clause is a breach of the crucial condition of this Agreement.
3. The Applicant shall guarantee that the .商标Domain Name(s) for which the Applicant applies for such application/ registration does not infringe any right or interest of a third party. The Applicant shall not apply for the application/ registration, and shall not use, the .商标Domain Name(s) out of any improper purpose or in knowing violation of any laws or regulations. Applicant acknowledges and declares that they shall bear sole liability in respect thereof.
4. The organization shall have the rights to refuse any application. The organization shall not be liable for any loss and damages or claims caused by such refusal to accept any application.
5. If the Application of .商标Domain Name(s) has been accepted and approved, the organization shall proceed such application and allot to the Applicant such .商标Domain Name(s) duly approved. The Applicant shall nevertheless bear all the legal liabilities regarding such .商标Domain Name(s).
6. Applicant shall pay to organization the designated Application Fees or Renewal Fees at such rate then shall be in force and applicable. Payment of such Fees and renewal fees shall be made notwithstanding that the Applicant has not received notice of payment; and the organization shall not have any liabilities by reason that there has not been issuance of any payment or renewal notice. If the .商标Domain Name(s) application is accepted, the organization shall not refund the application deposit or any part thereof; and any moneys so paid in excess of the required fees shall be credited to the Applicant’s account. If the Applicant is making cancellation before the application is accepted, the organization shall make appropriate refund as it deems necessary.
7. Any breach of this Agreement or “.商标 Domain Registry Implementing Registry Policy of Domain Name Registration in the ICANN” or related rules or regulations shall be deemed to be a breach of the crucial condition of this Agreement. The organization may, but shall not be required to, provide a written note to Applicant describing the breach. In the event a written notice is given, Applicant shall have thirty (30) days to remedy such breach or to provide evidence reasonably satisfactory to the organization that there is no breach of this Agreement or the organization’s Policies, otherwise the organization may cancel Applicant's Domain Name registration/ application without refund and without further notice and pursue any and all legal remedies it may have against Applicant. In the event that the organization shall not take any action on any breach of the aforesaid, it shall not be construed as a waiver of any right on the part of the organization; and shall not prejudice any subsequent action that shall be taken by the organization.
8. The organization shall not be liable for any loss and damages suffered by the Applicant for matters arising from any or all of the following: a. Loss or damages suffered caused by technical problems or fallacy; b. Loss or damages caused by force majeure; c. Loss or damages caused by unauthorized usage or misusage of the applicant's account; d. Loss or damage caused by the applicant, e.g. the refusal of the registration application caused by incomplete information provided by the Applicant and as a result there is other application /registration prior to the Applicant’s application/ registration, ; delaying payment for the annual charges; e. Application /Registration of .商标 Domain Name prior to the Applicant’s application, whether due to normal processing time lap or delay in filling in application form; f. Loss or damages caused by “.商标 Domain Registry Implementing Registry Policy of Domain Name Registration in the ICANN”.
9. The Applicant agrees to adhere to and accept the obligation of "Resolution for Dispute" when there is a dispute caused by the complaint from a third party due to the .商标Domain Name the applicant owns. The Applicant agrees not to make any changes to the registration information without the organization’s prior approval during the dispute resolution period.
10. This agreement shall in all respects be construed and applied in accordance with the published laws of P.R. China. Any.商标Domain Name(s) dispute arising shall in first instance be subject to the jurisdiction of the local court where the organization is in.
11. When the application/ registration contract is completed and submitted, it shall be deemed that the Applicant accepts the obligation of this agreement and “.商标 Domain Registry Implementing Registry Policy of Domain Name Registration in the ICANN”, and “Rules for CNNIC Domain Name Dispute Resolution Policy” which is in the appendix of this agreement.
12. The Applicant agrees to settle all necessary fees to the organization once the .商标Domain Name(s)/ Domain Name Registration/ Application Contract has been signed.
13. The client agrees with the agency process which may be undertaken by the consignee of the association of professional firms or companies.
14. All the terms in this agreement are independent. The invalidity of any term does not affect the validity of the rest of the terms.
15. In case of any discrepancies between the English and Chinese versions of these Terms and Conditions, the Chinese version shall prevail.