Party A: Client (The user of Mobile Banking of Bank of China Limited)
Party B: Bank of China Limited
To safeguard the interests of both sides and regulate the behavior of the parties, both parties reach the agreement in relation to the use of mobile banking payment services (hereinafter referred as the “Payment Services”) provided by Bank of China Limited (hereinafter referred as “Party B”) to clients (hereinafter referred as “Party A”) under the principles of voluntariness, equality and mutual benefit and in accordance with relevant laws and regulations of China.
Article 1 The Payment Services provided by Party B refers the process of purchasing goods or services on e-commerce websites such as mobile shopping mall, and submitting payment order to Party B through the wireless network of mobile phone and achieving the payment of currency and transfer of fund after Party A executes the agreement and becomes a client of mobile banking of Party B.
Article 2 Prior to application and use of the mobile payment function of Party B, Party A shall, first and foremost, become the user of mobile banking of Party B and apply for the authenticator designated by Party B. All transactions made by Party A through the Payment Services of Party B after authentication of the authenticator are deemed by Party B as transactions made by Party A in person. Party A are not allowed to request for alteration or revocation of the payment orders which has been submitted.
Article 3 After the execution of this agreement, Party A shall designate a legal account for mobile payment in accordance with the business requirements of Party B. Where Party A has previously opened e-bank and online payment function, the bank account used for online payment and designated as commonly used mobile banking account will be automatically opened for mobile payment after Party A agrees this agreement and opens mobile payment function
Article 4 Party A guarantees the payment capacity of the mobile phone payment account and observes the relevant laws and regulations in respect of payment and settlement.
Article 5 Party B undertakes no liabilities for any failure in performance of the agreement caused by cancellation or abnormality (loss reporting, frozen account) of or inadequate balance in the account designated by Party A.
Article 6 The trade disputes between Party A and any third party organization except Party A and Party B (including mobile communication company, post-sale service provider, third-party payment platform, the seller of the goods or services purchased by Party A, goods delivery party, etc.) are by no means related with Party B. Party B does not accept the complaints made by Party B in relation to any third party.
Article 7 Party B may add, delete or change the mobile phone payment contractors according to its business development needs.
Article 8 Party A agrees to this agreement and shall open mobile banking payment function after authentication made by the authenticator. In the event that Party A requires to terminate the use of the mobile banking payment services provided by Party B, it may withdraw the payment services through clicking on the cancellation feature on relevant page.
Article 9 This agreement constitutes a supplement to rather than a substitution of the Mobile Banking Service Agreement of Bank of China Limited or Personal Account Opening and Comprehensive Service Agreement of Bank of China Limited and other existing agreements and stipulations previously executed or agreed between the two parties, and shall have the same legal effect with the same. In using the services provided by Party B, Party A shall comply with the e-bank charter, business rules and all related agreements previously executed, and other relevant business requirements.
Article 10 In case Party A finds an operation conducted by him/her/it not following relevant rules or any failure in implementation, improper or delayed implementation of the mobile payment order due to his/her/its own reasons, Party A shall notify Party B by visiting its business branch or calling its service hotline. Party B should investigate and notify the results of such investigation.
Article 11 Party B undertakes no liabilities for any failure in implementation of the mobile banking payment order submitted by Party A or any suspension of business caused by force majeure or other reasons not attributable to Party B (equipment failure, communication line failure, and mobile phone failure, power failure, power cut off, etc.)
Article 12 All disputes arising from the performance of the agreement should be resolved through consultation. If such disputes can not be resolved through consultation, the dispute resolution method agreed in the Mobile Banking Service Agreement of Bank of China Limited or Personal Account Opening and Comprehensive Service Agreement of Bank of China Limited shall be adopted to solve such disputes.
Article 13 The conclusion, validity, performance and interpretation of the agreement shall be governed by the laws of the People’s Republic of China. The prevailing financial practices are applicable where no express prescriptions are found in laws.
Article 14 The agreement shall come into force as of the time when Party A agrees and opens mobile phone payment function after authentication made by authenticator and shall terminate as of the time when the services are withdrawn. All the time points are subject to the records in the mobile banking system of Bank of China. Termination of the agreement shall not be construed as revocation of the outstanding transactions ordered prior to the termination, nor shall it eliminate any legal consequences brought by transactions conducted prior to the termination.
Article 15 Party B reserves the rights to interpret and amend the agreement.