Auto-Renewal Service Agreement of WPS Office
Thank you for your application for using the entrusted fee deduction service for Auto-Renewal (hereinafter referred to as the "Service") provided by WPS Software Pte. Ltd. and its affiliated companies (hereinafter collectively referred to as "WPS Office". In order to avoid ambiguity, when you are in India, WPS Office refers to Kingsoft Office Software India Private Limited); an affiliated company refers to an entity that (directly or indirectly) controls, is controlled by or under common control with a party concerned. "Control" means ownership of more than 50% of management or decision-making power of a company (whether by voting, contract or any other means)). Please carefully read and then agree to the articles of the Auto-renewable Service Agreement of WPS Office (hereinafter referred to as the "Agreement". The contents hereof are all subject to the contents that are published and may be updated from time to time at https://www.wps.com/privacy-policy. If you do not agree to any part of or the whole contents hereof, please do not choose "Agree to Accept" or use the Service in any methods (including but limited to: Checking, Clicking). By checking "I Accept the Continuous Auto-renewable Service Agreement of WPS Office", you reach an agreement with WPS Office and voluntarily accept all the contents herein. Thereafter you shall not raise a defense in any form with the excuse of failure to read the contents herein.
I.Preconditions of Using the Service
1.The Service is a sub-service under the WPS Office Online Service (The WPS Office Online Service herein refers to services and products that are launched by WPS Office and/or by a third party who has built partnership with WPS Office, and can be logged into and accessed to only by using the WPS Office Online Service Account (The WPS Office Online Service Account herein refers to the WPS account, Facebook account, Google account, Twitter account, Dropbox account and other account possibly to be added later, which you may use to log into the WPS Office Online Service)). Meanwhile, the Service is introduced out of your need for automatic renewal, to avoid any possible losses to you because you fail to renew the WPS Office Online Service for your negligence or for any other reasons. Therefore, your application for the provisioning of the WPS Office Online Service is the precondition for your application for the use of the Service.
2.You shall have relevant rights and behavioral capacity to use the Service, and can solely assume the related legal responsibilities. If you are under 18, you must use the Service under the guidance of your parents or legal guardian.
3.This Agreement, as a sub-agreement of Series Agreements of WPS Office Online Service (including but not limited to the series agreements shown on the website https://www.wps.com/privacy-policy/ and may be updated from time to time), has the same and indispensable legal force with the Series Agreements of WPS Office Online Service. Therefore, before using the Service, you shall accept and agree to the Series Agreements of WPS Office Online Service, this Agreement and provisions of all other agreements, rules and announcements with respect to the WPS Office Online Service and the Service, especially the pertinent restrictions or exemption provisions (such restrictions or exemption provisions may be highlighted in bold to attract your attention). In addition, your following behaviors will be deemed as your full consent to this Agreement:
(1). Your actually using the Service; or
(2). Your actually using any product or service (if any) that is provided by WPS Office together with the Service.
(3). Actual use of any product or service (if any) provided by a third party together with the Service.
Before you proceed, WPS Office strongly recommends that you print out this Agreement or save it to your computer for your future reference.
Your consent to the Agreement will be considered as your acknowledgment and consent to all provisions of this Agreement and Series Agreements of WPS Office Online Service as well as your guarantee to fully abide by above-mentioned Agreements.
Ⅱ. Rights and Obligations of the Parties under the Service
1. By applying for using the Service, you irrevocably authorize WPS Office to deduct the service fee for the next billing period from the balance of your own payment account of WPS Office Online Service, third-party payment account, bank card account, phone account(hereinafter collectively referred to as "Accounts"),with which your WPS Office Online Service Account are bound, before a specific WPS Office Online Service that you have accessed to via the Service is about to expire.Billing period may refer to a monthly,quarterly or annual period and the specific billing period of you by using the Service depends on your choice when applying for the using the Service. Besides,Such service will be fulfilled under the precondition that you have bound the WPS Office Online Service Account with the Accounts and the payment can be duly deducted from the Accounts.
2. The Auto-Renewal refers to that, prior to the preconditions stipulated in Paragraph 1 of this ArticleⅡ, WPS Office charges you the service fee for the next billing period from the Accounts and record such fee into your payment history, then accordingly extends the valid period equivalent to the next billing period of the specific WPS Office Online Service that you have accessed to via the Service. You shall ensure WPS Office can successfully deduct the such Service fee from the Accounts and you shall solely assume the responsibilities for Auto-Renewal failure due to insufficient balance in the Accounts.
3. If you are willing to add member account within the organization account under the WPS 365 Cloud Service during the subscription period, you shall pay the corresponding fee of the member account being added which equals to remaining days (from the day of you submitting the adding member account order to the next deduction day) *daily unit price *number of member account added separately. The specific amount shall be subject to the actual deduction amount by WPS Office. Under this circumstance, you shall ensure WPS Office can successfully deduct the total amount service fees (original service fees and the additional service fees of adding member account) from the Accounts after the next billing period and you shall solely assume the responsibilities for Auto-Renewal failure due to insufficient balance in the Accounts.
4. WPS Office will provide the following payment channels including but not limited to: collection by telecommunication operators, credit card, debit card and Paypal,so that you can entrust WPS Office to deduct the service fee through an appropriate payment method when you choose to use the Service. You accept and agree that you shall periodically pay attention to the Accounts corresponding to the selected payment method and guarantee that there is sufficient balance in the Accounts for you to use the Service. In the case that the Service is not available for above-mentioned reasons (including but not limited to insufficient balance, balance insufficient for you to choose multiple Services), WPS Office reserves the right to, without prior notification, suspend the specific WPS Office Online Service that you have accessed to via the Service.
5. In the case that any error occurs during such service fee deduction, you shall closely cooperate with WPS Office to find out the cause, and each party shall assume the responsibility for the loss caused by its own faults. As for the losses caused by unequal faults between the Parties, each party shall assume responsibilities proportional to their faults. Where both parties are jointly responsible, the responsibilities shall be equally borne by both parties.
6. The Service provided by WPS Office is limited to be used on the platform or client-side of the specific WPS Office Online Service that you have accessed to via the Service. Any behavior that, by illegal means such as malicious cracking, separation of the Service contents provided by WPS Office from the platform or client-side of the specific WPS Office Online Service that you have accessed to via the Service, is beyond the scope of the Service specified in the Agreement. Any legal consequence therefrom shall be borne by the doer, and WPS Office will investigate the legal responsibilities of the doer.
7. It is up to you to choose whether to cancel the Service or not. If you choose not to cancel the Service, it will be deemed that you have allowed WPS Office to irregularly make attempts of fee deduction based on certain rules aforementioned. Once such deduction succeeds, WPS Office will provide the service for you for the next billing period. WPS Office hereby reminds you of paying attention to the deadline of each billing period. If you do not want to use the Service in the next billing period, you must terminate the Service prior to the deadline of the current billing period of the Service in accordance with Article IV, and WPS Office is not obligated to remind you before the deadline of each billing period and asking you to determine whether you want to continue using the Service in any method.
8. Where the service price for a specific WPS Office Online Service that you have accessed to via the Service have been adjusted on/prior to the date of Auto-Renewal, the then effective price shall prevail.
9. WPS Office will not charge you for providing of the Service. However, WPS Office reserves the right to determine whether to charge for the Service itself or adjust the Auto-Renewal period and corresponding service fee duly in such adjusted Auto-Renewal period based on business necessity, market fluctuations, etc.
10. WPS Product Refund Regulation
(1). The refund regulation for license of products that need use activation code to activate the license ( such as, WPS business edition life time license, WPS PDF to Word Converter and WPS Data Recovery Master etc..）
- Full refund is acceptable within 30 days after purchasing.
- No refund is accepted if the purchasing for activation codes is beyond 30 days.
(2). The refund regulation for subscription service ( Refers to service purchased for certain period of certain use rights after logging into a WPS Office Online Service Account, and such service can only be available when logging into the said Account during the period of such subscription, like subscription of WPS Premium, WPS 365 Cloud Service or other subscription products)
- Payments are non-refundable. There is no refund for any part or all of subscription period whether it is used or not. You can cancel at any time to stop future charges, following any cancellation, you will continue to have access to the applicable services through the end of your current subscription period. However, due to quality issue (such as system bug, discrepancy between promise and actual situation) or required by law,we may provide part or all of the refund at our sole and absolute discretion.
(3). Subscription Cancellations:The steps to cancel your subscription will vary based on your payment method. In Google play, for example,You can visit https://support.google.coverflow-wrap: break-word;om/googleplay/answer/7018481 for unsubscription assistance.To avoid any charges, you must cancel before the end of the free trial period or the current billing period.
Ⅲ. Valid Term and Termination of the Service
1. The Service shall become effective from the date when you choose to accept or use the Service to the date when you terminate (including voluntary termination or involuntary termination due to your violation of relevant agreements, rules, etc.) the Service or all the specific WPS Office Online Service that you have accessed to via the Service.
2. You have the right to choose to terminate the Service at any time in accordance with the instructions stipulated in Article IV hereof, after which WPS Office will stop providing the Service to you and close your access to the Service.
3. The instruction on Auto-Renewal of service fee deduction entrusted by you to WPS Office shall still remain valid before you choose to terminate the Service.
IV. Termination of the Service on your own
You can choose to terminate the Services at your sole discretion.If you determine not to continue to use the Service for the next billing period, please operate to terminate the Service at least within 24 hours before the expiry of this on-going billing period. Specific termination steps please refers to the instructions in the related WPS Office Software and our Website:https://help.wps.com/.
Ⅴ. Guaranty of Legitimacy
You agree and undertake not to use the Service to directly or indirectly perform the following behaviors，otherwise WPS Office has the right to immediately terminate the provision of the Service without any liability:
a. promoting defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable materials;
b. promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
c. infringing any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party;
d. infringing the legal rights (including the right of publicity and privacy) of others or containing any material that could give rise to any civil or criminal liability under applicable laws;
e. promoting any illegal activity, or advocating, promoting or assisting any unlawful act;
f. causing annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
g. impersonating any person, or misrepresenting your identity or affiliation with any person or organization;
h. being likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity.
WPS Office reserves the right to supervise your use of the Service periodically, and once any of the aforesaid behaviors is found, WPS Office reserves the right to withdraw your right to use the Service without any compensation to you. Meanwhile, WPS Office will report your behaviors to the relevant authority and reserve the right to further claim for compensation for the losses incurred to WPS Office due to your behaviors.
Ⅵ. Prohibition of Commercialization
You accept and agree that, prior to obtaining the official written approval of WPS Office, you shall neither use the Service in any fields out of the scope of the WPS Office Online Service, nor perform any direct or indirect behaviors of commercializing the Service (including but not limited to: re-sale, sale, equivalent replacement, etc.). Once you have been proved to be involved in the aforesaid behaviors, WPS Office reserve the right to withdraw your right to use the Service without any compensation to you, and remain the right to further claim for compensation for the losses occurred to WPS Office by your behaviors.
Ⅶ. Revision of the This Agreement
You understand and accept that WPS Office may, in accordance with its business operations, technical upgrade, etc. modify or revise this Agreement. Before making such revision or modification, WPS Office will publish the revised contents on relevant web pages but is not obligated to send further notice to any individual. If you do not agree to the contents revised by WPS Office, you shall, after this Agreement has been revised or modified (i.e. after update time specified in the revised Agreement), stop using any part or whole of the Service. If you continue to use any part or whole of the Service after the Agreement has been revised, it will be considered you have read, understood and agreed to all the contents of the revised Agreement, and any disputes therefrom shall be resolved based on the latest Agreement. WPS Office hereby urges you to periodically review the Agreement at https://www.wps.com/privacy-policy/ to know whether the Agreement has been revised and what has been revised.
Ⅷ. Settlement of Disputes and governing Laws
This Agreement will be governed by the laws of the Hong Kong without reference to any rules regarding conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any dispute arising out of or in connection with this Agreement shall be finally settled by binding arbitration in Hong Kong under the rules of the Hong Kong International Arbitration Centre (HKIAC), before a panel of [three arbitrators] selected by the parties (or, if not selected within thirty (30) days of a Request for Arbitration, appointed by the HKIAC pursuant to its rules in effect at the time of applying for arbitration). Judgment on the award may be entered in any court having jurisdiction thereof or having jurisdiction over either of the parties or its assets.
Notwithstanding the foregoing, either party may seek injunctive or other relief in a Hong Kong court of competent jurisdiction for any actual or alleged infringement of such party’s intellectual property rights or other proprietary rights.