Online ServiceAgreement for the Debit Card Quick Payment Service of Bank of Shanghai
本协议由上海银行股份有限公司（以下简称"受托方"）与本行持卡人 (以下简称 "委托方")就支付宝（中国）网络技术有限公司（下简称"支付宝"）相关服务（以下简称"本服务"）的使用等相关事项所订立的有效合约。您通过点击确认或以其他方式选择接受本协议，即表示您同意接受本协议的全部约定内容，确认承担由此产生的一切责任。
Thisagreement is made by Bank of Shanghai Co., Ltd. (hereinafter referred to as the“trustee”) and the bank's cardholder (hereinafter referred to as the “client”)to make effective contracts on the related services (hereinafter referred to asthe “service”) of Alipay (China) Network Technology Co., Ltd. (hereinafterreferred to as Alipay). By clicking confirm or choosing other ways to acceptthis agreement, you agree to accept all agreed terms of this Agreement andconfirm to bear all responsibilities arising therefrom.
Toclarify the fund transfer initiated by the client (i.e. payment instruction)from the Alipay to the trustee, the two sides have reached the followingpayment agreement under the principle of voluntariness, equality and mutualbenefit.
I.The client authorizes the trustee to deduct the amount directly from the debitcard specified by the client after receiving the payment request instructionsent by the client through Alipay, so as to pay the amount requested by the client.
Whenbinding the Alipay account, the client shall ensure that the debit card of trusteebinding with the Alipay is lawful to the client, and ensure that the bindingoperation and payment are lawful and effective, without infringing upon thelegitimate rights and interests of any party; otherwise, the loss of thetrustee and the debit card owner will be caused, and the client shall beresponsible for the compensation and bear all the legal liabilities.
II.The client shall guarantee the authenticity, validity and integrity of theinformation provided, and shall bear the legal liabilities caused by providingfalse and untrue information. If the client changes the information provided,he/she shall go through the relevant procedures according to the proceduresprescribed by the trustee. All responsibilities and losses caused by the wrongregistration information or changes of the client shall be borne by the client.
III.The client authorizes the trustee to provide personal information to Alipay forthe Alipay's online payment business within the scope of this agreement,including but not limited to client name, the type and number of IDcertificate, bank card information, contact information, etc. (specificinformation is based on Alipay service page.), and the client is agreeing and willingto bear all the consequences arising therefrom.
IV.The trustee shall handle business according to the transaction instructions ofthe client. Any one enters the online payment system of the trustee to completethe payment by using the correct identity identification mark and identityauthentication method of the client shall be deemed that the client has doneit, and the generated electronic information record shall be the legal andeffective evidence of the transaction. Where the relevant transaction isauthorized by the client, the electronic information record or confirmedconsumption basis generated shall be the legal and valid evidence of thetransaction, and the client shall be liable for the transaction. The electronicinformation records generated by this operation are all valid credentials forthe trustee to handle personal e-banking business.
Theidentity identification of the client refers to the client's identitycertificate information (including certificate type and number). The client'sidentity authentication includes SMS verification code, password, etc.. The clientshall ensure that after each use of the services, he/she exits the serviceswebsite or any individual services interface. The loss caused by the leakage orloss of identity identification mark, identity authentication information orauthentication method due to the client shall be borne by the client.
V.The client shall ensure that his/her payment is legal and effective and doesnot infringe the legitimate rights and interests of any third party. Inaddition, the client should pay attention to verify the authenticity of thepayment platform, ensure that the transaction information submitted and thepayment information sent by Alipay are accurate.
VI.The client shall keep sufficient balance or amount in his/her debit card toensure that the trustee can make timely and accurate deduction in accordancewith this agreement.
VII.The trustee shall verify relevant information after receiving the paymentrequest instruction sent by the client through Alipay. The payment shall bemade automatically according to the instruction after verification. The clientshall not require the alteration, withdrawal or cancellation of the paymentrequest instruction verified and executed by the trustee.
VIII.If the trustee fails to make payment according to the agreement and causeslosses to the client, the trustee shall bear corresponding responsibilities.However, if the payment request fails to be paid due to the followingcircumstances, the economic losses and corresponding responsibilities shall beborne by the client:
(1)The payment instruction information received by the trustee is not clear orcomplete;
(2)Insufficient available balance of the client's debit card;
(3)The payment amount is higher than the limit set by the trustee or the client;
(4)The client's debit card status is abnormal, including but not limited to debitcard suspended, stop payment and card cancellation, etc.;
(5)The competent authority suspends or deducts the debit card according to law;
(6)The actions of client are for fraud or other illegal purposes;
(7)The termination of cooperation between the trustee and Alipay for some reason;
(8)The transaction instructions submitted during the abnormal transaction time ofthe trustee and the Alipay notice;
(9)The system fails to accept the instruction due to force majeure, computerhacker attack, system failure, communication failure, network congestion, powersupply system failure, computer virus, malicious program attack and othernon-human factors not attributable to the trustee;
(10)Other situations stipulated by laws, regulations or regulatory authorities.
IX.If the client's improper gains are caused by force majeure, communicationfailure, network congestion and other non-human factors not attributable to thetrustee, the client agrees that the trustee has the right to deduct theclient's improper gains from his/her debit card. When the balance of theclient's debit card is insufficient, the client shall timely make up theimproper profits after receiving the notice from the trustee. In case ofrefusal to make up payment, the trustee shall have the right to suspend theelectronic payment service of corresponding debit card of the client asrequired.
X.The trustee shall not be held responsible for any dispute arising between theclient and Alipay on the amount of payment. What’ s more, all disputes arisingfrom the payment of goods, such as the quality of goods purchased, the qualityof service and the deduction, shall be resolved by the client and the Alipay throughnegotiation, and it has nothing to do with the trustee. The client shall notrefuse to pay the fees to trustee's on the grounds of dispute with Alipay.
XI.The trustee will guarantee the transmission stability and security of onlinepayment transactions, except for the accidents caused by Internet and theinfluence of uncontrolled transmission problems or other factors that may occurin networks beyond the control of the trustee. The trustee has the right tomaintain, upgrade, test or modify its personal online payment system at anytime. The client shall not intentionally slander or damage the reputation ofthe trustee or maliciously attack the online payment system of the trustee.
XII.If the client fails to pay the relevant fees on time, fails to comply with therelevant business regulations of the trustee, or operates maliciously, slandersor damages the reputation of the trustee, the trustee has the right tounilaterally terminate the personal online payment service provided to theclient, and reserves the right to investigate the responsibility of the client.If the client uses the trustee's personal online payment service to engage inactivities in violation of national laws and regulations, the trustee has theright to stop handling the personal online payment business for him/heraccording to the requirements of relevant departments.
XIII.The client shall not apply the online payment system of the trustee to carryout acts such as cash arbitrage, false transaction and money laundering, andshall be obliged to cooperate with the trustee to carry out relevantinvestigation. Once the client refuses to cooperate in relevant investigationor the trustee determines that there is or is suspected of false transaction,money laundering, cash arbitrage or any other illegal activities, fraud orviolation of good faith, the trustee shall have the right to suspend or terminatethe provision of personal online payment business under this agreement.
XIV.The trustee shall be responsible for the confidentiality of the personalinformation of client, unless otherwise stipulated by laws, regulations andregulatory authorities.
XV.The client shall have the right to terminate this agreement, but he/she shallbe successfully submitted cancellation order through the Alipay. All paymentinstructions issued by the client before the termination of the agreement shallremain valid and the client shall bear corresponding responsibilities.
XVI.In case of any conflict between this Agreement and the newly promulgated laws,regulations and regulatory provisions of the State, the newly promulgated laws,regulations and regulatory provisions of the State shall prevail. During theeffective period of this agreement, if this agreement cannot be performed dueto changes in laws, regulations or regulatory provisions, both parties shallhave the right to terminate the performance of this Agreement and shall not beliable for breach of contract.
XVII.In addition to the agreement, the client shall abide by relevant rules such as the Debit Card Rules of Bank of Shanghai. .In case of any conflict between the articles or rules and this agreement, thisAgreement shall prevail. Any matters not covered in this Agreement shall behandled in accordance with the relevant articles or agreement. 十八、受托方如变更本协议，应通过支付宝前端服务页面等方式公告变更内容。相关公告发布即视为委托方已收到。在公告发布后委托方继续办理快捷支付业务的，视同接受本协议的变更。
XVIII.If the trustee changes this agreement, it shall announce the changes on the Alipayfront-end service page. The relevant announcement shall be deemed to have beenreceived by the client after releasing. If the client continues to handle the quickpayment business after the announcement, it shall be deemed to accept thechange of this agreement.
XIX.In case of any dispute during the performance of this agreement, both partiesshall settle it through consultation. If consultation fails, either party maybring a lawsuit to the people's court where the trustee is located.
XX.This Agreement shall come into force after the client confirms on the relevantbusiness signing page or chooses to accept by other ways.
The client has carefully read above terms,and fully, accurately understood the terms. The client has no doubt about theterms of this agreement, and has an accurate understanding of the legal meaningof the rights and obligations of both parties, the limitation of liability andthe exemption of liability.