A company providing services to a Subscriber by subscription (e.g. media company) with different subscription plans. This is drafted in favour of the Company.
This agreement is between two parties: The Company and the Subscriber. The Company provides services to the Subscriber by subscription (e.g. media company) with different subscription plans. This is drafted in favour of the Company and elaborates on the Supply of the Company's Services, their responsibilities to the Subscriber, the Subscriber's obligations, details of the subscription fees (according to the service plan), intellectual property, confidentiality and the conditions and consequences of terminating the agreement.
The term of supply of service, billing arrangement in case of termination and renewal of the agreement are outlined under the section of “supply of service” in the subscription agreement.
The Company’s responsibilities and the Subscriber’s obligations have been stated in the agreement for clear reference. The Company is expected to provide the contracted service and to notify the Subscriber of any problems encountered. Also, the Company shall comply with relevant laws and regulations. Sub-contraction by the Company to a third-party sub-contractor is allowed, subject to restrictions as stated in the agreement.
As for the Subscriber, he or she is obliged to strictly adhere to all the terms and conditions as stated in the subscription agreement to services, and shall co-operate with the Company where reasonably requested during the Service Period. Also, the Subscriber shall be responsible for, except where notified by the Company to the contrary, obtaining and maintaining all consents and licenses and making all filings necessary to receive or use the Service.
The Subscriber is strictly prohibited from disseminate content supplied by the Company without prior consent, use or permit the use of the content supplied illegally or use for an uncontracted purpose. Where breaching of these terms is found, the Subscriber shall be responsible for so, and indemnify the Company accordingly. The Company is also entitled to, at its discretion, suspend or terminate the agreement.
The subscription fee and the term of contract are both stated in the agreement. A charge of damages would be asked where the Subscriber pays late within a certain number of days or fails to pay.
Details of handling termination of the agreement, or frustration of such due to an unforeseeable event under the force majeure clause have been provided in the agreement as clear directions of how the parties shall behave in the case where the agreement ceases to have effect.
It shall be noted that other common contractual clauses, such as the jurisdiction clause, the entirety of the agreement clause, severance of the agreement clause, as well as clauses related to matters on intellectual property and confidentiality, etc. are also included in the agreement for clear reference. This is to reduce the chance of having disputes between the contractual parties, hence, protect the interests of all contractual parties.
This document should be carefully read by both the Subscriber and the Service Provider.
This service agreement / subscription agreement may be used upon the service provider providing services to a subscriber, to outline the subscription plan and subscription fee.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
The Subscription fee, Subscribed service, Commencement date, Period of service provision, etc. should all be clearly stated in the agreement.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.
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