User Service Agreement
Updated: 18 April 2022 Effective date: 18 April 2022
Welcome to use QTSEC’s products and services!
This User Service Agreement (hereinafter referred to as the ‘Agreement’) is an agreement between you (an individual, company or any other entity) and Beijing Shengxin Network Technology Co. (hereinafter referred to as ‘QTSEC’ or ‘we’) in relation to the use of the products or services on the official website of QTSEC (hereinafter referred to as ‘the Platform Services’). Before using the Platform Services, please be sure to carefully read and fully understand all the terms of this Agreement, especially the terms that exclude or limit the responsibility of QTSEC, the terms that limit the rights of users, the terms that agree on the dispute resolution and jurisdiction, as well as certain product or service-specific agreements or rules. Limitations, exemptions or other provisions involving your significant rights and interests will be bolded, underlined and other forms to prompt you to focus your attention.
Please do not use the Platform Services directly unless you have fully read, fully understood and accepted all the terms of this Agreement. You are deemed to have read and agreed to sign this Agreement if you complete the registration, submission or immediate application process, or if you download or use the Platform Services, or if you gain access or log in through your account, or in any other express or implied manner to indicate your acceptance of this Agreement.
Personal Information Protection: The Personal Information Protection and Privacy Policy (or ‘Privacy Policy’) describes how we handle your information and data when you use our products or services. Please be sure to read it carefully and use QTSEC's products or services after confirming that you fully understand and agree to it. When you use QTSEC's products or services, it means that you trust our handling of your information and have agreed to the terms and conditions of the QTSEC products or services agreement and privacy policy and other service agreements regarding the collection and use of your information. We will endeavour to take appropriate security measures to protect the security and control of your information and data.
The use of the services of this platform should comply with this Agreement and its service rules. The service rules are subject to the content displayed on the official website of QTSEC or other relevant pages, and you should understand the service rules in advance and operate in accordance with the service rules to ensure smooth use.
The partial invalidity or unenforceability of a provision of this Agreement, for whatever reason, shall not affect the legal validity of the remaining portions of the provision.
Article 1 General Provisions
1.1 Terms, rules, instructions, standards, etc. (collectively referred to as ‘Service Rules’) relating to the service content, service level, technical specifications, operational documentation, billing standards, etc. of the specific services, in addition to this Agreement, will be based on the content displayed on other relevant pages of QTSEC, as well as the contract signed between you and QTSEC or QTSEC's approved channel providers.
1.2 Based on the real-time, complexity, efficiency and other characteristics of network services and regulatory requirements, policy adjustments and other reasons, you agree that QTSEC may from time to time adjust the Agreement and related service rules, and through the website announcements, email notifications, SMS notifications, platform system messages, station letters and other ways in one or more to be announced: if you continue to use the platform services after the adjustment, that is to say that you have fully If you continue to use the services of this platform after the adjustment, it means that you have fully read, understood and accepted the modified contents, and will follow the modified contents.
1.3 QTSEC is a neutral technical service provider, providing you with all kinds of technical products and services according to the contract or your authorisation; QTSEC promises that it will not participate in the operation of your website, application, software and platform, and that your website, application, software, platform and any other products, services and related content, etc., will be operated by you and you will bear all the responsibilities.
1.4 Both parties warrant that they have obtained legal business qualifications or governmental approvals, etc. in accordance with relevant state regulations and are entitled to operate their products and services in accordance with the law. Both parties further warrant that they will continue to maintain the business qualifications or approvals required by relevant state regulations during the validity period of this Agreement.
1.5 The products or services provided by QTSEC to you only promise you to comply with the requirements of laws, regulations, policies, etc. in the People's Republic of China (for the purpose of this agreement, excluding Hong Kong, Macao and Taiwan, the same below). If you choose to use the services of this platform outside of China, you should evaluate on your own whether the products or services comply with local laws, regulations, policies, etc., and at the same time, you should also ensure that your qualifications, capabilities and use of behaviour are in line with local laws, regulations, policies, etc..
Article 2 Account Number
2.1 You shall have the necessary and appropriate rights and behavioural capacity in accordance with the law, complete the registration in accordance with the requirements of the QTSEC, and obtain the right to use the platform account (hereinafter referred to as the ‘Account’).
2.2 You should fill in and submit true, legal and valid information (collectively referred to as ‘user information’) in accordance with the procedures of this platform of QTSEC, including but not limited to business name, contact person, email address, contact phone number, and you agree to submit information in accordance with the requirements of the QTSEC including but not limited to business licences, official website links, business-related descriptions and so on,so that QTSEC can be used to verify the authenticity of the business you carry out when necessary. If the foregoing user information changes, you should promptly notify QTSEC in writing or according to the rules of the platform to update themselves.
2.3 The effect of this Agreement applies to all service accounts provided by the Platform opened by you. The account will be used as the basis of your identification for the use of the services of the Platform, and you shall take necessary and effective confidentiality and security protection measures (including but not limited to the custody of the use of authority, the setting of high-strength passwords and the regular replacement measures, etc.) in respect of the username, password and other information, or else you shall bear the consequences by yourself. In addition, you should be responsible for the actions under the account, all the actions under the account are considered to be implemented by you, and you should bear all the legal consequences.
2.4 You need to establish a sound internal management system to regulate the use and management of the account. In order to protect your rights and interests, the account should be for your own use only. If you authorise other third parties to manage the account based on your own operational needs, you should do a good job of controlling the rights and complete the handover and account security protection (e.g. modify the password, change the login method, set account protection, etc.) in a timely manner in the event of personnel changes.
2.5 In the event of disputes related to account authority issues, QTSEC has the right to temporarily freeze the account and suspend the provision of related services; in the event that the conditions for the suspension or termination of the services agreed in this Agreement are fulfilled, QTSEC has the right to withdraw the permission for your service account or cancel your service account.
2.6 If you find that someone else has stolen your account and password, or any other situation that is not legally authorised by you, you should immediately notify QTSEC in an effective way and provide the necessary information (e.g., user information, description of the situation, supporting materials and claims, etc., in order to allow QTSEC to verify the identity and the incident). After receiving your effective notification and verifying your identity, QTSEC will handle the matter in accordance with laws and regulations and service rules. QTSEC in accordance with this article to deal with the relevant responsibilities and consequences arising from you to bear. If there are defects in the information provided by you, resulting in the inability to verify your identity or judge your needs, etc., which leads to the failure of the QTSEC to process in a timely manner, the losses brought to you should be borne by you. At the same time, you understand that it takes a reasonable period of time to process your request, and that QTSEC will not be responsible for any losses incurred by you before QTSEC takes action, or for any losses incurred after taking action due to reasons not attributable to QTSEC.
Article 3 Services
3.1 Service Launch and Fee Explanation
3.1.1 After you complete the application for free trial of QTSEC's products, you can try QTSEC's products for free. QTSEC will open and configure the trial product or service for you. Before opening or configuring the trial product or service, you need to carefully read the service rules corresponding to the purchased service and complete the relevant subsequent obligations. If you have the intention of purchasing the products or services of QTSEC, the two sides will sign a separate agreement on the sale of products or services according to the actual needs of co-operation.
3.1.2 If you want to get the free resources of QTSEC, you can download the related resources provided by QTSEC after completing the resource download application. QTSEC does not make any guarantee or commitment to the accuracy or completeness of the related resources.
3.2 Service guarantee and after-sales support
3.2.1 During the service period, QTSEC will provide you with the following service guarantee and support: QTSEC will provide agreed after-sale fault service for paid users, and provide paid users with effective contact information to ensure that paid users can contact the fault contact person, and will provide timely processing feedback after the fault is clarified;
3.2.2 QTSEC will assist in the elimination of malfunctions that occur during the Service that are not due to human intervention, except for those caused by you and/or force majeure and matters beyond the control of QTSEC.
3.3 Suspension or termination of services
3.3.1 In order to provide you with better services, QTSEC has the right to regularly or irregularly overhaul, maintain, upgrade and optimise the service platform or related equipment, systems, software, etc. (collectively referred to as ‘Routine Maintenance’), if the services of this platform are interrupted or suspended within a reasonable period of time due to Routine Maintenance, QTSEC shall not be held liable to you for this.However, QTSEC shall notify you in advance of the Routine Maintenance. In case of non-routine maintenance due to force majeure, fault of the basic operator, etc., QTSEC will notify you in time as much as possible.
3.3.2 In order to ensure the safety and stability of the service, QTSEC may carry out server room migration, equipment replacement and other major adjustments, the foregoing may lead to interruption or suspension of the platform services within a reasonable period of time, QTSEC does not need to assume responsibility for this to you, but QTSEC will notify you in advance, you should cooperate; if you do not cooperate with the adjustments, or QTSEC can not contact you, the consequences of this shall be borne by you.
3.3.3 QTSEC has the right to adjust and terminate part or all of the services at any time according to its own operational arrangements (including but not limited to offline, iteration, integration of services, etc.).However, QTSEC shall notify you at least 30 days in advance, so that you can do a good job of transferring the relevant data backup and business adjustments, etc., in order to protect your legitimate rights and interests.
3.3.4 You understand and agree that QTSEC has the right to suspend or terminate the provision of the services agreed upon in this Agreement by sending a unilateral notice when the conditions for the suspension or termination of this Agreement agreed upon by QTSEC with you through the terms of this Agreement or otherwise have been fulfilled.
3.3.4.1 The conditions for termination of the agreement referred to in this Article include but are not limited to: you are unable to use the services of the Platform due to your refusal to agree to the update of this Agreement or other relevant service rules, or your failure to renew the subscription fee after the expiry of the service period, and other reasons due to your own reasons.
3.3.4.2 The conditions for termination of the Agreement referred to in this Article include but are not limited to: due to your failure to renew the subscription fee in time for more than a certain period of time, or due to your unilateral violation of the obligations of this Agreement, or due to your violation of the law, which will bring actual damages to QTSEC.
Article 4 User behaviour and constraints
4.1 In connection with your purchase of the Services under this Agreement from QTSEC, QTSEC grants you a non-transferable, non-sub-licensable, revocable licence to use the Services in accordance with the terms and conditions of this Agreement.
4.2 You agree to comply with the terms and conditions of this Platform Service Agreement and other relevant administrative rules and procedures displayed to you on this Platform page.
4.3 You shall pay the corresponding service fees in accordance with the agreement between you and QTSEC.
4.4 You promise:
4.4.1 If you use the services provided by QTSEC to carry out business or non-business activities that require licences or approvals from the relevant national and local authorities, you have obtained such licences or approvals, and have complied with the requirements of the relevant laws and regulations promulgated by the national and local authorities from time to time;
4.4.2 In case of cross-border use of the Platform Services, you have obtained all necessary licences or approvals from the national, local and corresponding relevant authorities, including but not limited to those relating to cross-border transmission of data (especially cross-border data of critical information infrastructures), cross-border networking , etc.;
4.4.3 If the services of QTSEC involve the licensing of third party products, you agree to abide by the constraints of the relevant licence agreements;
4.4.4 Not to use the services provided by QTSEC to publish unwanted or unsolicited emails, electronic advertisements, or emails containing reactionary, pornographic and other harmful information;
4.4.5 Not to use the resources and services provided by QTSEC to upload, download, store, publish the following information or content, and not to provide any facilities for others to publish such information (including, but not limited to, setting URLs, links).
4.4.5.1 Those who oppose the fundamental principles established by the Constitution;
4.4.5.2 Endangering national security and revealing state secrets;
4.4.5.3 subverting state power, overthrowing the socialist system, inciting secession, and undermining national unity;
4.4.5.4 Damaging the honour and interests of the state;
4.4.5.5 Promoting terrorism and extremism;
4.4.5.6 Promoting ethnic hatred and ethnic discrimination and undermining national unity;
4.4.5.7 Incitement to territorial discrimination, territorial hatred;
4.4.5.8 Those that undermine national religious policy and propagate cults and superstitions;
4.4.5.9 Fabricating and spreading rumours and false information, disrupts economic and social order and undermines social stability;
4.4.5.10 Spreading and disseminating violence, obscenity, pornography, gambling, murder, terror and abetting crimes;
4.4.5.11 Infringing upon the lawful rights and interests of minors, damaging the physical and mental health of minors;
4.4.5.12 To secretly photograph and record others without their permission, infringing on their legal rights;
4.4.5.13 Contains content that is horrific, violent and bloody, highly dangerous, endangers the physical and mental health of the performer himself/herself or others;
4.4.5.14 Endangering network security, using the network to engage in activities that endanger national security, honour and interests;
4.4.5.15 Insulting others, slandering others and infringing upon the legitimate rights and interests of others;
4.4.5.16 Intimidating and threatening others with violence and carrying out human flesh searches;
4.4.5.17 Violating the privacy, personal information or data of others;
4.4.5.18 Spreading obscene language, undermines social order and morals;
4.4.5.19 Content that infringes on others' legal rights such as the right to name, fame, honour, portrait, intellectual property rights and trade secrets;
4.4.5.20 Using QTSEC‘'s products or services to promote or publish advertisements for yourself or a third party without the company's permission (including but not limited to adding third-party links, advertisements, and other behaviours);
4.4.5.21 Excessive marketing messages, harassing messages and/or spam, vulgar-type messages, and junk advertisements;
4.4.5.22 Creating, copying, uploading, posting and disseminating content, messages or comments in languages other than those commonly used on the Website;
4.4.5.23 To be unrelated to the content, messages and comments created, copied, uploaded, posted or distributed;
4.4.5.24 Content that is posted and disseminated that is meaningless, that deliberately uses a combination of characters to avoid technical review;
4.4.5.25 Other information that violates laws and regulations, policies and public order and morals, interferes with the normal operation of this platform , infringes on the legitimate rights and interests of other users or third parties.
4.4.6 Not to engage in any behaviour that undermines or attempts to undermine the security of the network [ including but not limited to phishing, hacking, network fraud, websites or spaces containing or suspected of spreading: viruses, Trojan horses, malicious codes, and through virtual servers to other websites, servers suspected of attacking behaviours such as scanning, sniffing, ARP spoofing(ARP spoofing is an attack technique against Ethernet Address Resolution Protocol), DOS (Denial of Service) attacks, etc.];
4.4.7 Not to engage in other illegal, unlawful or violates the terms of service of QTSEC, change or attempt to change the function of the service provided by QTSEC or undermine the security of the platform;
4.4.8 If QTSEC discovers that you have violated any of the preceding paragraph of Article 4.4, it will have the right to take appropriate measures according to the situation, including but not limited to the immediate termination/suspension of the service or deletion of the corresponding information. If you suffer any loss due to the corresponding measures taken by QTSEC in the aforementioned circumstances, QTSEC will not bear any legal responsibility, and at the same time, QTSEC will reserve the right to pursue your legal responsibility and claim for all the losses suffered from you (including, but not limited to, investigation fees, litigation/arbitration fees, attorney fees incurred in the process of rights protection, as well as business losses or claims suffered as a result of this, etc.).
4.5 You understand and agree that the personal information of the citizens of the People's Republic of China and the legal rights and interests related to the ownership of personal computers, electronic data and other assets belonging to individuals are protected by law, and that you shall ensure that you have not violated the personal and property-related legal rights and interests of the individual subjects when you use the services provided by QTSEC for the control of their online behaviours.Based on this, you guarantee that: you have obtained the express consent of the relevant individual subject for the control of online behaviour, as well as for the collection of relevant personal information to achieve this purpose, or the need to install Internet traffic diversion tools on mobile terminals used by the individual subject, and on this premise, authorize QTSEC to provide you with the services agreed upon in this Agreement. If you violate the aforementioned guarantee, the consequences of violating relevant laws and regulations or infringing on the legitimate rights and interests of the relevant individuals shall be borne by you on your own responsibility. In this case, QTSEC has the right to take appropriate measures according to the specific circumstances, including but not limited to the immediate termination/suspension of services or deletion of the corresponding information.
4.6 Based on the conditions of the service deployment environment provided by you, QTSEC may need to use third-party products (e.g., routers) used by you to complete the service access for you, so you have to ensure that before the implementation of the deployment of the service has been access to the third-party products required to obtain legal and effective authorisation or license, QTSEC will accept your commission to provide you with the services agreed in this Agreement under this prerequisite, and QTSEC does not bear any form of joint responsibility for what you do to violate the agreement with the third party, or infringement of other legitimate rights and interests of the third party. At the same time, you understand and recognise that QTSEC will maintain independence from third-party products and does not guarantee any compatibility; QTSEC does not guarantee or assume any responsibility for the legitimacy, reliability, applicability, or quality of software/hardware, plug-ins, tools, etc., provided by third parties.
Article 5 Rights and Obligations of QTSEC
5.1 QTSEC provides you with after-sales support and protection services in accordance with this Agreement and the relevant service rules.
5.2 For the provision of services to users in the process of access to all user data and information, QTSEC will strictly abide by the obligation of confidentiality.
Article 6 Data Processing Instructions
6.1 You shall ensure that you have full authority to carry out the relevant configuration and authorisation operations, and bear the corresponding responsibility of the data processor for all traffic data involved in the provision of the services agreed in this Agreement by you entrusted to QTSEC, and QTSEC shall bear the corresponding responsibility in accordance with this Agreement and the relevant data processing agreement.
6.2 As mentioned above, due to the specific control functions achieved through this platform and the diversion measures required to achieve the functions are configured by you, QTSEC does not bear the responsibility of auditing the specific content of the Internet traffic that you control by using the services of this platform, and you should be responsible for the legitimacy of the specific content of the traffic data that is diverted to the cloud nodes of the QTSEC and forwarded to access the Internet through the cloud nodes. If the content of the traffic data forwarded by the cloud node of QTSEC violates laws and regulations, departmental rules or national policies, you shall bear all the results and responsibilities, and the system log records retained by QTSEC may be used as evidence that you have violated laws and regulations.
6.3 You should back up the data related to the use of the services of the Platform according to your own needs, and you can choose the backup method of the logs generated by the use of the services of the Platform. Although QTSEC provides you with the services of this platform in the process, based on your choice in the platform system to retain your authorised traffic data service logs, but QTSEC will only be in accordance with the relevant laws and regulations of the region or your authorisation in line with the principle of minimisation of the requirements of the logs of data, QTSEC does not assume any responsibility for the user data backup work or results except for any specific agreements reached with QTSEC regarding data backup.
6.4 Your User Data will be disclosed, in part or in whole, in the following circumstances:
6.4.1 To third parties with your consent;
6.4.2 In accordance with the relevant provisions of the law, or at the request of administrative or judicial authorities, disclose to third parties or administrative and judicial authorities.
6.4.3 Disclosure to a third party is required if you appear to violate the provisions of relevant Chinese laws, regulations or policies;
6.4.4 To share your data with a third party in order to provide other products or services as agreed in this Agreement and requested by you.
6.5 QTSEC ensures the necessary protection of data in accordance with the normative requirements of applicable laws and regulations, such as taking all possible technical means and management controls to prevent unauthorised access to or disclosure of data, but you understand and acknowledge that any security measures are not completely reliable, and that QTSEC will be dedicated to cooperating with the user to jointly safeguard the security of the data.
Article 7 Intellectual property rights
7.1 As the right holder of the intellectual property rights related to the services provided to you, QTSEC is entitled to the legal protection of relevant copyrights, trademarks, patents and other intellectual property rights as well as trade secrets in accordance with the law. Intellectual property rights are valuable intangible assets upon which the business of QTSEC survives, both in the user's use of QTSEC's products or service solutions, but also in the user's recognition of the QTSEC's trademarks and logos and other brand images. QTSEC promises to the user: the user through the legally authorised way to obtain and use the product or service in mainland China, QTSEC have independent and complete intellectual property rights, there is no infringement of third-party intellectual property rights of the right to defective situations.
7.2 At the same time, you understand and agree that, in the process of using the products or services of QTSEC, you shall not infringe the intellectual property rights and other legitimate rights and interests owned by QTSEC in any way, including but not limited to not implementing, licensing, transferring the above mentioned intellectual property rights by yourself or licensing any third party based on commercial or non-commercial purposes without the written consent of QTSEC, and shall not copy, modify, disassemble, decompile, reverse crack, reverse engineer, or otherwise attempt to copy or modify the software or hardware products and/or any part thereof provided for use by you by any means, or attempt to access or intercept any source code of the QTSEC's products by any means, avoid or destroy the technical measures taken by QTSEC to protect the intellectual property rights, and shall not modify, destroy, or cover up the intellectual property rights of the products or system platforms of QTSEC without authorisation. QTSEC reserves the legal right to pursue any infringement of intellectual property rights.
Article 8 Confidentiality obligations
8.1 Confidential information means all technical and non-technical information disclosed by one party to the other party (including but not limited to information related to the price or marketing plan of products or services, business plan and strategy, customer list and customer information, financial information, product development or related technical plan, etc.).
8.2 Either party to this Agreement agrees to keep the above confidential information of the other party confidential and to strictly limit the persons who have access to the above confidential information to comply with the confidentiality obligations of this Article. The party receiving the confidential information shall not disclose it to the outside world unless compelled to do so by the State authorities in accordance with the law or unless the said confidential information is already in the public domain.
8.3 The parties to this Agreement expressly recognise that the business data and other information in their possession are their respective important assets and key confidential information, and agree to use their best endeavours to protect the aforementioned confidential information from being disclosed. In the event that any risk/prospect or incident of disclosure of the relevant confidential information is discovered, both parties shall co-operate and take all reasonable measures to avoid or mitigate the consequences of the damage.
8.4 These Terms shall not be invalidated by the termination of this Agreement.
Article 9 Limitation of Liability and Disclaimer
9.1 You understand and agree that in the process of using the services of this platform, you may encounter the following situations to interrupt the services. In the event of the following circumstances, QTSEC will promptly cooperate with the relevant units to repair, but the damage caused to you, QTSEC will be exempted from liability:
9.1.1 Affected by force majeure factors, including but not limited to natural disasters, governmental actions, laws and regulations enacted to adjust, strikes (except for internal labour disputes of either party), turmoil and other unforeseen, unavoidable and insurmountable objective circumstances;
9.1.2 Affected by the services of the basic operator, including but not limited to technical adjustments by the telecommunication department, telecommunication/electricity lines being damaged by others, and telecommunication/electricity departments installing, transforming, and maintaining telecommunication networks/electricity resources;
9.1.3 The occurrence of network security incidents, such as computer viruses, Trojan horses or other malicious programmes, hacker attacks, etc;
9.1.4 Your use of QTSEC‘s products or services through means other than those authorised by QTSEC, or the inability to use the services due to improper operation by you, loss or theft of your account, or malfunctioning of your computer software, system, hardware and communication lines;
9.1.5 Other circumstances that are not the fault of QTSEC, beyond QTSEC's control or reasonably foreseeable.
9.2 In addition to the circumstances stipulated in Article 4.4.8 of this Agreement, if a third party organisation or individual questions or complains about your violation of other people's legitimate rights and interests, QTSEC will notify you, and you have the responsibility to explain and produce supporting materials within fifteen natural days, if you fail to give feedback after the expiry of the time limit (if you fail to update your contact details in time, or if you fail to be contacted because your contact details are incorrect, you will be regarded as having failed to give feedback). QTSEC will take measures including but not limited to immediately suspend/terminate the service or delete the corresponding information, and for the losses caused to you, QTSEC does not assume any legal responsibility, while QTSEC will reserve the right to pursue your legal responsibility and claim for all the losses suffered from you (including but not limited to investigation fees, litigation/arbitration fees, attorney's fees, and business losses or claims suffered as a result ).
9.3 You understand and agree that the services of QTSEC are provided in accordance with the current state of affairs that can be achieved by the existing technology and conditions. QTSEC will do its best to provide you with high-quality, and meet your needs of the service, but QTSEC can not guarantee that the services provided are flawless, therefore, even if there are defects in the services provided by QTSEC, but if the above defects are unavoidable at the time of the industry's level of technology, or beyond the QTSEC to you to make a commitment to the service or warranty, it will not be regarded as a breach of contract with QTSEC, QTSEC will not have to bear any responsibility, the two sides should work together to solve the problem.
9.4 In no event shall QTSEC be liable for any indirect, consequential, exemplary, incidental, special damages, including loss of profits suffered by you as a result of your use of the services of the Platform.
9.5 The total liability of QTSEC for breach of contract or damages based on the services provided to you in violation of the terms and conditions or rules of the relevant agreements shall not exceed the total amount of service fees corresponding to the breach of contract services.
Article10 Notice
10.1 You should ensure and maintain the validity of user information (including but not limited to telephone numbers, email and other contact information), user information if there is false, invalid, and any other information that may lead to you not being able to learn about the business notification, service alerts, user services, technical support, coordination of disputes, penalties for violations, and so on in a timely manner, you bear the corresponding responsibility.
10.2 You should be based on the contact information published on the official website of QTSEC to send notifications to QTSEC, unless otherwise agreed by both parties.
10.3 QTSEC may send you various information (including but not limited to updated service rules, service upgrades, server room culling, advertisements, etc.) such as business notices, service reminders, validation messages, marketing messages, and other information related to the Services through one or more of the methods of webpage announcements, system notifications, site message, emails, mobile phone text messages, instant message tools, and letters. The foregoing messages are deemed to have been delivered under the following circumstances (if the time of delivery falls on a statutory holiday, the first working day after delivery shall be the date of delivery):
10.3.1 If delivered by a designated person, it is deemed to have been served when the addressee signs for it.
10.3.2 If published in the form of a webpage announcement, etc., it shall take effect upon publication (unless otherwise stated).
10.3.3 Sent in electronic form (including system notification, site message, email, mobile phone text message, instant messenger tools, etc.), it is deemed to have been served when it is sent successfully.
10.3.4 Delivery by prepaid courier or by registered mail is deemed to have been made on the third natural day after posting.
Article 11 Application of Laws and Dispute Settlement
11.1 The place of signing of this Agreement is Beijing Economic and Technological Development Zone, Beijing.
11.2 The laws of the People's Republic of China (excluding applicable laws, and for the purpose of this Agreement, excluding Hong Kong, Macao and Taiwan) shall apply to the establishment, entry into force, performance, interpretation and dispute resolution of the Agreement; if there is no relevant legal provision, then reference may be made to applicable business practices.
11.3 If any dispute or controversy arises between you and QTSEC, it shall first be resolved through friendly negotiation; if negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the People's Court of Beijing Economic-Technological Development Area in Beijing, where the contract is signed.
Article 12 Miscellaneous
12.1 Scope of Completeness of this Agreement: This Agreement incorporates by reference (including the information cited in the web link or other policy information cited) the corresponding policies and rules, and you may also need to comply with other proprietary agreements or rules, etc., when you use a particular product of QTSEC, which shall become an integral part of this Agreement after it is officially released through the public channels or directly delivered to the user in the form of paper documents to take effect. You shall also comply with them.
12.2 If the terms of this Agreement are inconsistent with the relevant provisions of the proprietary agreements or rules related to the services you use, the proprietary agreements or rules shall prevail; if the terms of this Agreement conflict with the terms of the purchase contract signed by you in the specific project with the QTSEC or the authorised distributor of the QTSEC, the terms of this Agreement shall prevail.
12.3 The title of all the terms of this Agreement is only a summary of the content, the purpose is to facilitate reading, the title itself can not be used alone as the basis for the interpretation of the terms of this Agreement.
Article 13 right of interpretation
QTSEC within the scope of laws and regulations permitted by the user service agreement enjoys the right to interpret.
