XUNLU AI website building technical service agreement
Article 1 Confirmation and Acceptance of Website Building Agreement
This Website Technical Service Agreement (hereinafter referred to as "Website Agreement") constitutes the basis of cooperation between you and XUNLU AI and is legally binding. Once you click "Register" and go through the registration process, you voluntarily accept all of the contents of this Website Builder Agreement and become a registered user of XUNLU AI's website builder.
You warrant that you have carefully read this Website Builder Agreement and agree to abide by the various terms, policies and rules provided by XUNLU AI, including but not limited to the User Service Agreement and Privacy Policy, while accepting the Website Builder Agreement.
Article 2 Service Mode and Content
1. Service method: XUNLU AI provides you with XUNLU AI website building tools according to your request.
2. Service content: XUNLU AI assigns you a XUNLU AI website builder account ("XUNLU AI Account") to provide the following technical services for you to build your e-commerce website:
(1) Create an online store. You can use the XUNLU AI website builder, including but not limited to using the website templates on the website builder website, to build your own independent e-commerce website and online store.
(2) Product description. You can upload, edit, and modify your product or service details in the backend of your XUNLU AI account for displaying relevant product information to your buyers.
(3) Online Trading: XUNLU AI provides an online platform for you to receive, process, manage and fulfill orders to help you sell your goods or services.
3. If there is any inconsistency between this website building agreement and the agreement signed offline, the content of the agreement signed offline shall prevail.
Article 3 Your Rights and Obligations
4. You have the right to use the XUNLU AI website building tool to build e-commerce websites and online stores in accordance with the agreement of this website building agreement.
5. You have the right to request XUNLU AI to provide guidance and training on the use of your XUNLU AI account, with the specific training content and time subject to the centralized arrangement of XUNLU AI.
6. You shall pay the service fee to XUNLU AI in full and on time.
7. Except as expressly provided by law, judicial decision or written consent of XUNLU AI, you shall not provide, sell, rent, lend, transfer or provide sub-license, sub-license or other forms of use of the Services to third parties, otherwise you shall bear the responsibility and consequences arising therefrom.
8. You shall ensure that:
(1) the goods/services and corresponding display information displayed to users of the website do not infringe on the intellectual property rights of third parties and are in compliance with laws and regulations;
(2) The goods/services in the cross-border e-commerce website are sold within the scope of your business;
(3) The goods/services sold have been approved by the relevant state authorities or have the corresponding license qualification, and the quality meets the corresponding safety and production standards;
(4) Delivery and provision of the sold goods/services to the website users on time and according to quality.
If XUNLU AI is investigated or punished by the relevant state authorities, or if XUNLU AI is complained, sued, claimed or held liable by website users or other third parties, you shall be liable for any losses suffered by XUNLU AI as a result. You shall indemnify XUNLU AI for any loss suffered as a result.
You shall keep and use your XUNLU AI account, password and other account elements properly and correctly. If you discover that someone else is using your XUNLU AI account and password without authorization, you shall immediately notify XUNLU AI and provide the appropriate proof of qualification for verification as required by XUNLU AI, and XUNLU AI will assist you in freezing your account, changing your password or making other security settings. Except for the customized website building operations conducted by XUNLU AI for you and other written agreements between the two parties, all operations completed using your XUNLU AI account and its bound cell phone number shall be regarded as your own actions, fully representing your will, and you shall bear the corresponding responsibilities.
Article 4 XUNLU AI's rights and obligations
10. XUNLU AI shall provide technical services for you in accordance with the agreement of this site building agreement and shall be entitled to the service fees paid by you.
11．XUNLU AI shall assign personnel to interface with you and reply to your daily inquiries in a timely manner to ensure the normal use of XUNLU AI's website building tools.
12、XUNLU AI has the right to verify the content published by you on the cross-border e-commerce website, and to delete, take down, block, etc. the content that does not comply with the laws and regulations. However, you know and confirm that the aforementioned actions of XUNLU AI shall not be regarded as the obligations of XUNLU AI and shall not exempt you from the responsibilities that you shall bear as the subject of content publication and the responsibilities that you shall bear under this website building agreement, and you shall still be ultimately and fully responsible for the content published by yourself.
Article 5 Payment and Settlement of Fees
13. The service fee under this website building agreement is charged on a monthly basis as platform commission: 0.3% of the monthly sales of your online store and e-commerce website.
If XUNLU AI provides you with multiple XUNLU AI accounts according to your application, you can use each XUNLU AI account to create an online store and build an independent e-commerce website separately, and the service fee for each XUNLU AI account or online store or e-commerce website shall be calculated and charged separately according to the above-mentioned rates.
14. Settlement method: prepayment or post payment, subject to the negotiation between XUNLU AI and you.
The specific process of post-payment: XUNLU AI shall send you the bill and invoice of the previous month through the back office of XUNLU AI account or by email after the end of each month, and you shall pay the service fee as stated in the invoice within 30 days after the end of each billing month. If you have any objection to the bill and invoice, you should submit it in writing to XUNLU AI before the 15th of each month. If you do not submit your objection in writing within the aforementioned period, you shall be deemed to have approved the bill and invoice.
15. Taxes, fees and exchange rates: You shall pay and bear the fees arising from the performance of this website building agreement; if you are required by law to withhold and pay income tax, you shall pay and bear the corresponding tax yourself. You are aware and agree that the billing currency under this Website Agreement is U.S. dollars. If you choose to pay in RMB, you shall bear the VAT and other taxes (tax rate 7.34%), and the exchange rate shall then be calculated according to the following criteria:
Prepayment, calculated according to the selling price of spot foreign exchange published by the Bank of China on the date of payment;
Subsequent payment, calculated according to the selling price of spot foreign exchange announced by Bank of China on the last day of the billing month.
16. The collection account of XUNLU AI is
US Dollar Receiving Account:
Name of payee: XUNHAI GROUP (HONG KONG) LIMITED
Account number:368-1-159197-9
Bank name: Standard Chartered Bank (Hong Kong) Limited
Swift Code: SCBLHKHHXXX
Bank Address: Payment Centre,15/F Standard Chartered Tower,388 Kwun Tong Road, Hong Kong
RMB Receipt Account:
Account Name: Beijing Xunhai Zhi Ke Technology Co.
Account Number: 110948782910902
Bank of deposit: China Merchants Bank, Beijing Chongwenmen Sub-branch
Article 6 Intellectual Property Rights and Confidentiality of Information
17. The intellectual property rights owned by each party independently under this site building agreement shall be owned by each party. The intellectual property rights of the XUNLU AI platform, SaaS technology code and achievements, including but not limited to the website building system and the website layout contained therein, belong to XUNLU AI separately worldwide. Otherwise, you shall be responsible for any actions arising under your XUNLU AI account and shall compensate XUNLU AI for any losses caused.
XUNLU AI shall not be required to pay any license fees, royalties or any other fees to any right holder. You undertake that you and the Marketing User are responsible for resolving any copyright issues related to the content of the Smart Marketing Products and that you and the Marketing User shall ensure that the content of the Smart Marketing Products do not contain any illegal or unlawful content (such as: yellow, reactionary information content and content prohibited by the state, prohibited content, etc.). If the content of your or the marketing user's intelligent marketing products violate the laws of the relevant jurisdiction, you shall be legally responsible. You shall hold XUNLU AI harmless from any infringement claims by third parties, and you shall indemnify XUNLU AI or the media resource for all economic losses incurred by XUNLU AI or the media resource in the event of damage to XUNLU AI or the media resource.
19. Confidential information (including, but not limited to, technical information, business information, management information, personnel information, customer information, material legal information, and any other information that has been kept confidential or marked as confidential by the information holder, whether such information is disclosed in written or oral form, and regardless of the vehicle in which such information is stored) and all documents and all other tangible, physical or written The use of this Website Agreement is for the sole purpose of this Website Agreement and shall not be used by either party for any purpose other than this Website Agreement or disclosed to any other third party without permission. Upon the termination or dissolution of this Website Agreement, both parties shall return or destroy or otherwise dispose of the Confidential Information and its carriers learned/obtained in the course of the performance of this Website Agreement as the other party may require at that time. The confidentiality obligations agreed herein shall not be invalidated by the invalidation, release or termination of this Website Agreement.
You authorize XUNLU AI to use and process your data and information and that of your clients (if any) without compensation during the term of this Website Agreement, and you warrant that you have notified your clients in writing and have obtained their individual consent before authorizing XUNLU AI to process their information. XUNLU AI will comply with applicable laws and regulations regarding the protection of personal information, data and privacy, freedom of communication and network security, etc. to protect the legitimate rights and interests of your clients.
Article 7 Liability for breach of contract
Unless otherwise agreed, both parties shall perform their respective obligations in strict accordance with this Website Agreement. If either party violates the agreements, promises, representations and obligations of this Website Agreement, resulting in the inability to continue to perform this Website Agreement, the defaulting party shall have the right to notify the defaulting party in writing of the deadline for correction. The defaulting party shall also compensate the actual loss of the defaulting party.
22. If you make late payment, you shall pay XUNLU AI liquidated damages at the rate of five ten thousandths of the amount of the current overdue payment per day. If your payment is more than ten days late, XUNLU AI has the right to stop providing the service, close your XUNLU AI account and terminate this website building agreement. You agree that XUNLU AI and its affiliates may directly request the customer to fulfill its payment obligations to them.
23. For the avoidance of doubt, both parties acknowledge and agree that the "actual loss" referred to in this Website Agreement refers to the actual loss suffered by the defaulting party as a result of the default of the defaulting party, including but not limited to direct loss, reasonable expenses incurred in preventing the expansion of the loss, reasonable expenses incurred in pursuing the liability for the default (reasonable expenses for investigation and evidence collection, reasonable expenses in accordance with the provisions of the relevant state departments), and reasonable expenses for the investigation and evidence collection. (Reasonable expenses for investigation and evidence collection, attorney's fees in accordance with the provisions of relevant state departments, litigation fees, arbitration fees, travel expenses, etc.).
Article 8 Others
24. XUNLU AI reserves the right to modify this Website Agreement (including but not limited to the fees) at any time in accordance with changes in relevant laws and regulations, and you shall carefully read and reconfirm the latest Agreement after such adjustments occur. If you do not agree with the changes, you shall immediately stop using the XUNLU AI Site Builder, and your continued use shall be deemed to be an acceptance and acknowledgement of the latest agreement.
25. XUNLU AI will contact you through the email you left when you registered or other contact information you provided, and both you and XUNLU AI acknowledge that any email correspondence through the mailboxes of both parties has the legal effect of notification, confirmation, etc. XUNLU AI enterprise email suffix: [@XUNLU AI.cn].
26. Both you and XUNLU AI are responsible for the confidentiality of the commercial secrets involved in the cooperation, and shall not be disclosed to third parties in any form or for any reason. The duty of confidentiality will not be invalidated by the invalidation or termination of this website agreement.
27. The laws of the People's Republic of China shall apply to any aspect of the signing, validity, interpretation, performance and dispute resolution of this Website Agreement. Any dispute arising from the signing and performance of this Website Agreement shall first be settled by mutual consultation; if the consultation fails, both parties agree to apply to the Beijing Arbitration Commission for arbitration, and the arbitration shall be conducted in accordance with the arbitration rules in effect at the time of application for arbitration, the language of arbitration shall be Chinese, and the arbitration award shall be final and legally binding on both parties.
