Automatic renewal member service agreement

1. Acceptance and modification of service terms & nbsp< br>
• 1.1 this agreement is an agreement between the snapshot ID photo member (hereinafter referred to as "the member") and the snapshot ID photo about the automatic renewal Commission deduction service (hereinafter referred to as "the service") provided by the member using the snapshot ID photo. This agreement describes the rights and obligations of the snapshot ID photo member in relation to the use of this service and related aspects. "Member" refers to a natural person who has completed all the procedures for becoming a member of the snapshot certificate photo, and uses the member services provided by the snapshot certificate photo under the condition of observing the relevant use rules of the snapshot certificate photo. This Agreement constitutes a prerequisite for members to use the service provided by the snapshot certificate photo. The snapshot certificate photo has prompted members to read the relevant exemption or limitation clauses in the agreement in bold font or other reasonable ways. Both parties confirm that the above clauses do not belong to the clauses of "exemption from their responsibilities, increase of the other party's responsibilities, and exclusion of the other party's main rights" stipulated in Article 40 of the contract law, Both the user and the snapshot certificate photo recognize its legality and validity. Unless the member accepts the terms of this agreement, the member has no right to use this service. If the member chooses to use this service, it will be deemed that he agrees to be bound by the terms of this agreement.
• 1.2 the snapshot certificate photo has the right to modify the terms of service at any time. Once the terms of service are changed and modified, the snapshot certificate photo will be announced on the relevant page, and the modified content will take effect and be implemented 10 days after the date of announcement; If the member disagrees with any modification of this agreement, the automatic renewal function can be cancelled; If the member continues to use, it shall be deemed that the member has accepted all the modifications of this agreement.
• 1.3 when using this service, members must have corresponding rights and capacity of conduct, and be able to independently assume legal responsibilities. If a member is under the age of 18, he can use this service only with the guardianship and participation of his parents or other guardians, and his use of this service is deemed to have been approved by his parents or other guardians.

2. Service description

• 2.1 this service is launched to meet the needs of members for automatic renewal. On the premise that members have opened this service, and to avoid the loss caused by members' failure to renew their subscriptions in time due to negligence or other reasons, members authorize fastphone to entrust payment channels to obtain information from members' own recharge accounts, third-party payment accounts bound to members' accounts, bank cards The balance of the communication account (hereinafter referred to as the "account") will be withheld from the next billing cycle. The billing cycle includes but is not limited to monthly, quarterly, annual, etc. (the same below). Members can choose according to the billing cycle displayed on the fastphone platform. The premise of this service is that the member has bound his fastphone member account with the above account and can successfully deduct money from the above account.
• 2.2 automatic renewal specifically refers to the way fastphone charges the member's fees for the next billing cycle through the above account based on the premise of 2.1. The member shall ensure that fastphone can successfully deduct from the above account. If the renewal fails due to the insufficient deductible balance in the above account, the member shall bear the responsibility by itself. Fastphone has the right to interrupt / terminate the corresponding membership rights and services.
•2.3 If a member chooses to activate automatic renewal, it is deemed that he agrees to authorize fastphone to issue a deduction instruction to the account, and agrees that the account can deduct the fees of the next billing cycle from the account without verifying the member's account password, payment password, SMS verification code and other information according to the deduction instruction issued by fastphone. Unless the member cancels the automatic renewal voluntarily and explicitly, the member's authorization for automatic deduction of fastphone is irrevocable. Unless otherwise provided by laws and regulations, fastphone will not refund the fees paid by members in any way
•2.4 When members enjoy this service, they shall be bound by the fastphone privacy policy, all terms and conditions, relevant sub agreements, page descriptions or normative processes. When members use this service, their use behavior shall be deemed as their consent to the service terms of this service and various publicity issued by fastphone for this service. In case of any conflict between this Agreement and other fastphone agreements, this Agreement shall prevail
• 2.5 the services provided by fastphone to members are limited to members' use on the fastphone platform. Any act of separating the services provided by fastphone from the fastphone platform by malicious cracking and other illegal means does not belong to the services agreed in this agreement. The actor shall be responsible for all legal consequences arising therefrom, and fastphone will investigate the legal liability of the actor according to law.

3. Rights and obligations of both parties< br>
• 3.1 fastphone is responsible for providing members with query methods about the details of automatic renewal charges, but is not responsible for printing relevant invoices and / or forwarding them to members.
•3.2 < span style="text-decoration: underline;"> Fastphone will send an automatic renewal prompt to the member by sending SMS or other means before the expiration of the member's validity period. If the fee of the next billing cycle is deducted from the member's above account, the deducted amount will be recorded in the member's payment record on the day of deduction, and the member's validity period will be extended accordingly. Once the deduction is successful, fastphone has the right to collect the fee immediately and does not provide a refund service
• 3.3 if there is an error in the fee deduction process, fastphone and members should cooperate closely to find out the cause and bear the losses caused by their own fault; If losses are caused due to unequal faults of both parties, both parties shall bear corresponding responsibilities according to the degree of fault; If the losses are caused by the common fault of both parties but it is impossible to distinguish their respective faults, the responsibility shall be shared equally by both parties.
• 3.4 fastphone may change or modify the relevant service contents, rules and terms of this agreement according to its business development or technical upgrading. Fastphone will inform the user of the relevant changes or modifications through publicity on the relevant pages of fastphone or other appropriate locations, but it is not obliged to give separate notice. The above announcement shall be deemed to have been delivered to the user from the date of sending by fastphone. If multiple notification methods coexist, the delivery time shall be the earliest of the above methods. If the member disagrees with the modification of this agreement, he / she may cancel the service and stop using it; If the member continues to use the services provided by fastphone, it shall be deemed that the member has accepted all modifications of this agreement.
•3.5 < span style="text-decoration: underline;"> The service is cancelled at the member's discretion. If the member chooses not to cancel, it is deemed that the member agrees that fastphone has the right to continue to make irregular deduction attempts according to certain rules. Once the deduction is successful, fastphone will open the member service for the next billing cycle for the member
• 3.6 if the price of fastphone service is adjusted during / before the automatic renewal, the current effective price announced on the fastphone platform shall prevail.
• 3.7 fastphone does not charge any additional handling fees for members to open the service, but fastphone has the right to decide whether to charge for the service itself or adjust the automatic renewal cycle and fee according to business needs or market changes, and make it known to members on relevant pages.
• 3.8 if a member renews his / her subscription within the validity period of the member, the validity period will be extended on the basis of the original service validity period.
• 3.9 the member understands and agrees that the withholding authority of fastphone authorized by the member will be regarded as the member's recharge. If any loss is caused to the member, the member will not claim any rights and hold fastphone and its affiliated companies accountable.

4. Term and termination of agreement < br >
• 4.1 this agreement will come into effect after the member chooses to accept or use this service, and will terminate when the member terminates this service / cancels his membership, unless otherwise announced by fastphone.
• 4.2 members have the right to choose to terminate this service in the member account settings at any time. After terminating this service, fastphone will stop providing this service to members.
• 4.3 the instruction that the member has entrusted fastphone to automatically renew and deduct fees before choosing to terminate the service is still valid. Fastphone will not refund the fees deducted based on the instruction, and the member shall bear relevant responsibilities and losses.
• 4.4 fastphone has the right to suspend or terminate the service according to its own business adjustment, price change and other reasons. Once this happens, fastphone will notify members by way of announcement.

5. Liability for breach of contract < br >
• 5.1 if one party breaches the contract, the observant party shall have the right to obtain compensation or compensation through the breach settlement method agreed by both parties.

6. Others < br >
• 6.1 if a member has any questions (including questions, complaints, etc.) about this agreement or the use of fastphone's automatic renewal service, please contact fastphone through fastphone's wechat service number or QQ customer service. Fastphone will reply to the member as soon as possible after receiving the member's comments and suggestions.
• 6.2 the title of this agreement is only for convenience and reading, and does not affect the meaning or interpretation of any provision in the text.

FastPhone

自动续费会员服务协议

1. 服务条款的接受与修改 

•1.1 本协议是FastPhone会员(下称“会员”)与FastPhone(下称“小号”)之间关于会员使用FastPhone提供的自动续费委托扣款服务(下称“本服务”)所订立的协议,本协议描述FastPhone与会员之间关于本服务的使用及相关方面的权利义务。“会员”是指完成了成为FastPhone会员的全部程序,且在遵守FastPhone相关使用规则下使用FastPhone提供的会员服务的自然人。本协议构成会员使用FastPhone所提供的本服务之先决条件,FastPhone已经以字体加粗或其他合理方式提示会员重点阅读协议中相关免除或限制责任条款,双方确认前述条款不属于《合同法》第40条规定的“免除其责任、加重对方责任、排除对方主要权利”条款,用户和FastPhone均认可其合法性及有效性。除非会员接受本协议条款,否则会员无权使用本服务,会员选择使用本服务行为将视为同意接受本协议各项条款的约束。
•1.2 FastPhone有权随时对服务条款进行修改,一旦服务条款发生变更和修改,FastPhone将在相关页面上进行公告,且修改内容在公告之日的10日后生效和执行;如果会员不同意本协议的任一修改,可以取消自动续费功能;如果会员继续使用的,则视为会员已经接受本协议的全部修改。
•1.3 会员在使用本服务时须具备相应的权利能力和行为能力,能够独立承担法律责任,如果会员在18周岁以下,必须在父母或其他监护人的监护参与下才能使用本服务,其使用本服务的行为视为已获得了父母或其他监护人的认可。

2. 服务说明

•2.1 本服务是出于会员对于自动续费的需求,在会员已开通本服务的前提下,避免会员因疏忽或其他原因导致未能及时续费造成损失而推出的服务,会员授权FastPhone可在会员有效期即将过期时,委托支付渠道从会员的自有充值账户、与会员账号绑定的第三方支付账户、银行卡、通信账户(以下统称“账户”)余额中代扣下一个计费周期的费用,计费周期包括但不限于月度、季度、年度等(下同),会员可根据FastPhone平台上显示的计费周期自行选择。该服务实现的前提是会员已将其FastPhone会员账号与上述账户绑定,且可成功从其上述账户中扣款。
•2.2 自动续费具体指,基于2.1的前提,FastPhone通过上述账户收取会员下一计费周期费用的扣费方式,会员需保证FastPhone可以从上述账户扣款成功,因上述账户中可扣款余额不足导致的续费失败,由会员自行承担责任,FastPhone有权中断/终止相应的会员权益和服务。
•2.3 会员选择开通自动续费,则视为同意授权FastPhone向账户发出扣款指令,并同意账户可以根据FastPhone发出的扣款指令,在不验证会员账户密码、支付密码、短信校验码等信息的情况下从账户中扣划下一个计费周期的费用。除非会员主动明确地取消了自动续费,否则,会员对FastPhone的自动扣款委托为不可撤销。除法律法规另有规定外,FastPhone不以任何方式对会员所支付的费用予以退还。
•2.4 会员在享受本服务时,应受《FastPhone隐私政策》以及各项条款及相关子协议、页面说明或规范流程等全部内容的约束,当会员使用本服务时,会员的使用行为视为其对本服务的服务条款以及FastPhone针对本服务发出的各类公示的同意。本协议如与FastPhone其他协议发生冲突的,以本协议为准。
•2.5 FastPhone向会员提供的本服务均仅限于会员在FastPhone平台使用,任何以恶意破解等非法手段将FastPhone提供的本服务与FastPhone平台分离的行为,均不属于本协议中约定的本服务。由此引起的一切法律后果由行为人负责,FastPhone将依法追究行为人的法律责任。

3. 双方的权利和义务 

•3.1 FastPhone负责向会员提供有关自动续费收费具体情况的查询方式,但不负责打印相关发票并/或转送会员。
•3.2 FastPhone将在会员有效期即将过期前以发送手机短信或其他方式向会员发送自动续费提示,通过会员上述账户扣除下一计费周期费用的,将在扣划当天将扣划款项记入会员支付记录,并同时相应延长会员有效期。一旦扣款成功,则FastPhone有权即时收取该费用,并不提供退费服务。
•3.3 如在扣费过程出现差错,FastPhone和会员应密切配合查明原因,各自承担己方过错造成的损失;若因双方各自存在不均等过错造成损失的,由双方按过错的程度承担相应责任;因双方共同过错造成损失但无法区分各自过错的,由双方均摊责任。
•3.4 FastPhone可根据其业务开展或技术升级等情况变更或修改本协议的有关服务内容、规则及条款,FastPhone将通过在FastPhone相关页面或其他适当的位置进行公示的方式告知用户相关变更或修改内容,但无义务另行做个别通知。上述公示自FastPhone发送之日视为已送达用户,如多种通知方式并存的,则送达时间以上述方式中最早发送之时为准。如果会员不同意本协议的修改,可以取消已经获取的本服务并停止使用;如果会员继续使用FastPhone提供的服务,则视为会员已经接受本协议的全部修改。
•3.5 本服务由会员自主选择是否取消,若会员选择不取消,则视为会员同意FastPhone有权持续地按照一定规则进行不定期的扣款尝试,一旦扣款成功,FastPhone将为会员开通下一个计费周期的会员服务。
•3.6 若在自动续费时/之前,FastPhone服务价格发生调整,应以FastPhone平台上公示的现时有效的价格为准。
•3.7 FastPhone对会员开通本服务不收取任何额外手续费用,但FastPhone有权根据业务需要或市场变化等原因决定是否对本服务本身进行收费或调整自动续费周期及费用,并在相关页面向会员进行公示。
•3.8 会员在会员有效期内续费的,有效期将在原服务有效期基础上延长。
•3.9 会员理解并同意,会员授权FastPhone的代扣权限将视为会员本人的充值行为。如因此导致会员自身的任何损失,会员不会向FastPhone及其关联公司主张任何权利及追究任何责任。

4. 协议有效期限、终止

•4.1 本协议自会员选择接受或使用本服务后生效,直至会员终止本服务/注销会员资格时终止,除非FastPhone另有公告。
•4.2 会员有权随时在会员账号设置中选择终止本服务,终止本服务后,FastPhone将停止向会员提供本服务。
•4.3 会员在选择终止本服务前已经委托FastPhone自动续费扣款的指令仍然有效,FastPhone对于基于该指令已经扣除的费用不予退还,由会员承担相关责任与损失。
•4.4 FastPhone有权根据自身业务调整、价格变动等原因中止、终止本服务。一旦发生此种情形,FastPhone会以公告的方式通知会员。

5. 违约责任

•5.1 如果一方违约,守约方有权通过双方约定的违约解决方式获得补偿或赔偿。

6. 争议解决和法律适用

•6.1 FastPhone与会员应通过友好协商解决本协议履行过程中产生的争议,经协商无法解决的,任何一方均有权将争议提交至长沙市岳麓区人民法院诉讼解决。本协议的解释、效力和执行等有关问题均适用中华人民共和国法律。

7. 其他

•7.1 如会员对本协议或使用FastPhone的自动续费服务相关的事宜有任何问题(包括问题咨询、投诉等),请通过FastPhone微信服务号或QQ客服与FastPhone联系,FastPhone会在收到会员的意见、建议后尽快向会员回复。
•7.2 本协议的标题仅为方便及阅读而设,并不影响正文其中任何规定的含义或解释。

FastPhone