Renewable Monthly Service Agreement of Kingsoft Office

Renewable Monthly Service Agreement of Kingsoft Office
Updated on: November 23, 2017
Thank you for your application for using the fee deduction service for automatic renewal (hereinafter referred to as the "Automatic Renewal Service") provided by Kingsoft Office Software, Inc. and its affiliated companies (hereinafter collectively referred to as "Kingsoft Office"). Please carefully read and then agree to all provisions of this Renewable Monthly Service Agreement of Kingsoft Office (hereinafter referred to as the "Agreement"), as such Agreement is updated from time to time by Kingsoft Office. The Agreement is subject to any revisions or updates that are published and may be updated from time to time at https://www.wps.com/privacy/cloudservice/.In addition to and not in limitation of your agreement to this Agreement via a click of "Accept the Agreement", “I Agree” or the like, any of the following also constitute your acceptance and agreement to this Agreement: actually using the Automatic Renewal Service or actually using any product or service (if any) that comes together with the Automatic Renewal Service from Kingsoft Office and/or actually using any product or service (if any) that comes along with the Automatic Renewal Service provided by a third party.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).
I. Preconditions of Using the Automatic Renewal Service
  1. The Automatic Renewal Service is a sub-service under the Kingsoft Office Online Service, as updated by Kingsoft Office from time to time. The Kingsoft Office Online Service herein refers to services and products that are included by WPS Member Center ( https://www.wps.com ) or launched by Kingsoft Office and/or by a third party in conjunction with Kingsoft Office, and can be logged into and accessed to only by using the Kingsoft Office Online Service Account. The Kingsoft Office Online Service Account herein refers to the WPS account, Google account, Facebook account, Drop-box account, Twitter account and other accounts (if any) used by you to log into the Kingsoft Office Online Service. The WPS account is the account provided to you by Kingsoft Office after you complete the applicable registration process and agreeing to abide by the relevant rules of Kingsoft Office. Google account, Facebook account, Drop-box account, Twitter account and other accounts that may be added later are provided by parties other than Kingsoft Office.. The Automatic Renewal Service is utilized for automatic renewal, to avoid any possible losses to you which would result from your failure to renew the Kingsoft Office Online Service. Therefore, your application for a Kingsoft Office Online Service Account is the precondition for your application for the use of the Service.
  2. You must have all applicable rights and capacity to use the Automatic Renewal Service, and you are solely responsible hereunder. If you are under 18, you must obtain the permission and instruction of your parents or legal guardian before you apply the Automatic Renewal Service by registering a WPS account or a third-party account or using an existing third-party account and such application is only permitted with the consent, guidance and supervision of your parents or legal guardian, and your parents or legal guardian must accept and agree to this Agreement and the Other Agreements on Kingsoft Office Online Service(as defined below).
  3. This Agreement, as a sub-agreement of the “Other Agreements of Kingsoft Office Online Service” which include but are not limited to the User Agreement for WPS Premium Service and other agreements shown on the website https://www.wps.com/privacy/cloudservice/ as may be updated by Kingsoft Office from time to time, is subject to and part of the Other Agreements on Kingsoft Office Online Service. Therefore, before using the Automatic Renewal Service, you shall accept and agree to the Other Agreements on Kingsoft Office Online Service, this Agreement and provisions of all other agreements, rules and announcements with respect to the Kingsoft Office Online Service and the Automatic Renewal Service, especially the pertinent restrictions or exemption provisions (such restrictions or exemption provisions may be highlighted in bold to attract your attention). Before you proceed, Kingsoft 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 as well as your guarantee to fully abide by this Agreement.
Ⅱ. Rights and Obligations of the Parties under the Automatic Renewal Service
  1. By applying for using the Automatic Renewal Service, you irrevocably authorize Kingsoft Office to deduct the monthly service fee for the next billing period from the balance of your own payment account of Kingsoft Office Online Service, third-party payment account, bank card, phone account bound with your Kingsoft Office Online Service Account (hereinafter collectively referred to as "Accounts"), before a specific Kingsoft Office Online Service that you have accessed to via the Service is about to expire. Such service will be fulfilled under the precondition that you have bound the Kingsoft Office Online Service Account with the Accounts and the payment can be duly deducted from the Accounts.
  2. The Automatic Renewal Service refers to the process by which Kingsoft Office charges you the monthly service fee for the next billing period from the Accounts, includes such fee into your payment records, and accordingly extends the valid period of the specific Kingsoft Office Online Service that you have accessed to via the Automatic Renewal Service. You shall ensure Kingsoft Office can successfully deduct the Service fee from the Accounts and you shall solely assume the responsibilities for renewal failure due to insufficient balance in the Accounts.
  3. Kingsoft Office will provision such payment channels including but not limited to: collection by telecommunication operators, credit card, debit card and Paypal, so that Kingsoft Office can deduct the service fee through an appropriate payment method when you choose to use the Automatic Renewal Service. You accept and agree that you shall periodically review the Accounts corresponding to the selected payment method and guarantee that there is sufficient balance in the Accounts for you to use the Automatic Renewal Service. In the case that the Automatic Renewal Service is not available (including but not limited due to insufficient balance, balance insufficient for you to choose multiple Services), Kingsoft Office reserves the right to, without prior notification, suspend the specific Kingsoft Office Online Service that you have bound to the Automatic Renewal Service.
  4. In the case that any error occurs during such fee deduction, Kingsoft Office shall use commercially reasonable efforts to work with you to determine the cause, and each party shall assume the responsibility for the loss caused by its acts or omissions; provided that, subject to the limitations set forth in the Other Agreements on Kingsoft Office Online Service, each party shall assume responsibilities proportional to their faults and joint responsibilities (if any) shall be evenly borne by both Parties.
  5. The Service provided by Kingsoft Office is limited to be used on the platform or client of the specific Kingsoft Office Online Service that you have bound to Automatic Renewal Service. Any unauthorized or illegal behavior (including without limitation malicious cracking, or improper separation of the Service contents provided by Kingsoft Office from the platform or client of the specific Kingsoft Office Online Service that you have bound to the Automatic Renewal Service, is beyond the scope of the Automatic Renewal Service specified in the Agreement. Any liabilities resulting therefrom shall be at your sole risk and expense, and Kingsoft Office reserves the right to investigate (and suspend/cancel services) as a result of any such unauthorized or illegal behavior.
  6. It is up to you to choose whether to cancel the Automatic Renewal Service or not. If you choose not to cancel the Automatic Renewal Service, you have agreed that the Automatic Renewal Service shall continue and you are authorizing Kingsoft Office to irregularly make attempts of fee deduction based on the rules set forth herein and in the Other Agreements on Kingsoft Office Online Service. Once such deduction succeeds, Kingsoft Office will provide the monthly service for you for the next billing period. Kingsoft Office hereby reminds you to pay attention to the deadline of each billing period. Where you do not want to use the Automatic Renewal Service in the next billing period, you must terminate the Automatic Renewal Service prior to the deadline of the current billing period of the Service in accordance with Paragraph 2, Article 3 below, and Kingsoft Office is not obligated to remind you before the deadline of each billing period or to ask you to determine whether you want to continue using the Automatic Renewal Service in any method.
  7. Where the service price for a specific Kingsoft Office Online Service that you have accessed to via the Automatic Renewal Service have been adjusted on/prior to the date of automatic renewal, the then effective price shall prevail.
  8. Kingsoft Office will not charge you for provisioning of the Automatic Renewal Service. However, Kingsoft Office reserves the right to determine whether or not to charge for the Automatic Renewal Service itself or adjust the period and cost of automatic renewal based on business needs, market changes, etc. Such decisions will be announced on relevant web pages or through the Kingsoft Office Online Service.
Ⅲ. Valid Term and Termination of the Automatic Renewal Service
  1. The Automatic Renewal Service shall become effective from the date when you choose to accept or use the Automatic Renewal Service to the date when you terminate (including voluntary termination or involuntary termination due to your violation of relevant agreements, rules, etc.) the Automatic Renewal Service or the specific Kingsoft Office Online Service that you have accessed to via the Automatic Renewal Service.
  2. You have the right to choose to terminate the Automatic Renewal Service at any time in accordance with the instructions at https://store.wps.com , , after which Kingsoft Office will stop providing the Automatic Renewal Service to you.
  3. The instruction on automatic renewal and fee deduction entrusted by you to Kingsoft Office shall still remain valid before you choose to terminate the Automatic Renewal Service, and any fees deducted by Kingsoft Office based on such instruction will not be refundable to you and any responsibilities or liabilities therefrom shall be borne by you.
Ⅳ. Guaranty of lawful use
You agree and undertake not to use the Automatic Renewal Service to directly or indirectly violate any laws or regulations or to violate any of the Other Agreements on Kingsoft Office Online Service.:
Kingsoft Office reserves the right to supervise your use of the Automatic Renewal Service periodically, and Kingsoft Office reserves the right to withdraw your right to use the Automatic Renewal Service without any compensation to you.
Ⅴ. Prohibition of Commercialization
You accept and agree that, prior to obtaining the official written consent of Kingsoft Office, you shall neither use the Automatic Renewal Service in any fields out of the scope of the Kingsoft Office Online Service, nor perform any direct or indirect behaviors of commercializing the Automatic Renewal Service (including but not limited to: re-sale, sale, leasing, lending, sublicensing, etc.). If you violate any of the foregoing, Kingsoft Office reserves the right to withdraw your right to use the Automatic Renewal Service without any compensation to you.
Ⅵ. Modification of this Agreement
You understand and acknowledge that Kingsoft Office may update, modify or revise this Agreement at any time, including but not limited to as a result of changes in applicable law or regulation. After any such modification is made, Kingsoft Office will use commercially reasonable efforts to inform you of such changes (e.g. via a notice posted to the Website, a message provided through the Automatic Renewal Service, etc.). However, in some cases (e.g. modification made due to the requirements of applicable laws) Kingsoft Office may require the modifications to the Agreement to take effect immediately.If you do not agree to any modifications of this Agreement by Kingsoft Office, your sole remedy is to stop using any part or whole of the Automatic Renewal Service to which the modifications apply, and your continued use of any part or whole of the Automatic Renewal Service after the modification in question is made will be a deemed acceptance by you of the entire modified contents hereof.Kingsoft Office hereby suggests that you visit https://www.wps.com/privacy/cloudservice/ periodically to read the newest version of the Agreement, in order to know whether the Agreement has been modified and what has been modified. Except the modification by Kingsoft Office mentioned above, any other modification to this Agreement by you shall be deemed to be void, unless otherwise expressly specified in a written agreement between you and Kingsoft Office on the modification of this Agreement. For this purpose and for the sake of clarity, emails or other communications shall not constitute any valid written agreements for the purposes of any purported modification by you of this Agreement.
Ⅶ. Governing Law; Arbitration
  1. This Agreement will be governed by the internal substantive laws of the State of California without regard to its conflicts of laws provisions. The United Nations Convention on Contracts of International Sales of Goods also does not apply to this Agreement. The English version is the official version of this Agreement, and other language versions (in any) of this Agreement are just for your reference. Should there be any discrepancy between English version and version of any other language, the English version shall prevail.
  2. Except as otherwise provided in this Agreement, the exercise by any party of its remedies under this Agreement shall not prejudice any other remedies which may be available pursuant to this Agreement or otherwise. If any provision of this Agreement is held to be unenforceable or invalid, it will be executed to the fullest extent possible, whilst the other provisions shall continue in effect. This Agreement, together with the Other Agreements on Kingsoft Office Online Service (including without limitation the warranty disclaimers and limitations of liability therein), constitutes the entire and exclusive understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings or communications relating to this subject either in oral or written form.
  3. You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Automatic Renewal Services or this Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Statement and the termination of your Service.
  4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
  5. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
  6. By using the Automatic Renewal Service, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications through the Automatic Renewal Service and are part of your relationship with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as information about features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply contact us as provided on the Official Website. Please review our Privacy Protection Policy of Kingsoft Office for further detail on our marketing communications.