Fee Collection. 8.3.1 Information service fee shall be charged and collected by Party A. Party B shall not collect information service fee from the subscribers. Communication fee shall be charged by Party A and collected from the subscribers or Party B. 8.3.2 Prior to collection of information service fee on behalf of Party B, Party A shall review in detail the fee collection items and the summary thereof, Party B shall provide active support to Party A in this respect. The key contents to be reviewed shall include: to make sure whether the contents provided by Party B are in violation of the provisions of Article 57 and Article 58 of the “PRC Telecommunication Regulations” and other relevant laws and policies. 8.3.3 Prior to Party A’s collection of information service fee on behalf of Party B, Party B shall provide relevant documents evidencing that the subscriber is using such service with knowledge and willingness, and the fee to be collected shall accrue at the time of actual use by such subscriber (except for monthly fee), both parties shall keep the record of subscriber customarization and use of service for more than 5 months. 8.3.4 The invoice issued by Party A to subscribers shall explicitly indicate “Fee Collection” and the amount thereof for the portion of fees collected on behalf of Party B. Party A shall provide subscribers with reasonable and effective methods and ways to inquire about Party B’s name, name of services for fee collection and the specific amount thereof. If the subscribers require for billing record for such fee collection, both parties shall provide such record to subscribers without charge. 8.3.5 If the subscribers refuse to pay information service fee for any objection thereto, and Party A can not prove that the amount to be collected is correct at the time of such dispute, Party A shall only collect the portion of fees other than that is under dispute, and timely notify Party B of the case. Party B shall, in addition to the payment of communication fees arising from its use of Party A’s mobile communication network, deduct the portion of information service fee at dispute with the subscribers from its share of distribution. Afterwards, Party B shall be responsible to settle the dispute with subscribers. If such dispute is resolved, Party B shall notify the subscribers to pay such amount of information service fee, which shall be paid by Party A to Party B in the following settlement cycle at Party B’s share of distributions. If the dispute can not be resolved, Party B shall not have the right to claim its share in the distribution of such portion of information service fee. 8.3.6 If there is any dispute with any subscriber on pre-paid basis, and both parties can not prove that the amount to be collected is correct within 15 days thereafter, Party A shall temporarily refund to such subscriber, and deduct the portion of information service at dispute from Party B’s share of distribution in the next round of settlement cycle. Afterwards, Party B shall be responsible to settle the dispute with the subscriber, and handle relevant issues in accordance with dispute resolution provisions in Article [] hereof. 8.3.7 During the process of dispute resolution, both parties shall not suspend or terminate services to such subscriber other than those at dispute.
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Sources: Mobile Value Added Service Cooperation Agreement, Mobile Value Added Service Cooperation Agreement (Hurray! Holding Co., Ltd.)
Fee Collection. 8.3.1 10.3.1 Information service fee shall be charged uniformly calculated and collected by Party A. A on behalf of Party B. Party B shall will not collect charge any information service fee from the subscribersusers. Communication fee fees shall be charged calculated by Party A and collected from the subscribers users or Party B.
8.3.2 10.3.2 Prior to the collection of information service fee fees on behalf of Party B, Party A shall review in detail has the right to examine the fee collection items and the summary thereofsummarized contents one by one, and Party B shall provide active support to Party A in this respectcooperation. The key major contents to be reviewed for the examination shall includebe: to make sure whether the contents provided by Party B are in violation of violate the provisions requirements of Article 57 and and/or Article 58 of the “PRC Telecommunication Regulations” Rules of the People's Republic of China and those of other relevant laws related laws, regulations and policies.
8.3.3 10.3.3 Prior to Party A’s the collection of information service fee fees from users by Party A, Party B shall provide related data to certify such users are using the related services based on their knowledge and voluntariness. The fees shall be collected since the actual use of the services by users (excluding monthly package); Party A and Party B shall keep the records in respect of user's subscription and use of service for no less than five months.
10.3.4 At the time Party A issues to users any bills for collecting fees, prompting words and the amount "collected on behalf of Party B, Party B " shall provide relevant documents evidencing that the subscriber is using such service with knowledge and willingness, and the fee to be collected shall accrue at the time of actual use by such subscriber (except for monthly fee), both parties shall keep the record of subscriber customarization and use of service for more than 5 months.
8.3.4 The invoice issued by Party A to subscribers shall explicitly indicate “Fee Collection” and the amount thereof specified for the portion of fees collected by Party A on behalf of Party B. Party A shall provide subscribers users with reasonable and effective methods and ways for users to inquire about Party B’s 's name, name of services for fee collection the service item, and the specific amount thereof. in respect of the amount collected on behalf of Party B. If users require the subscribers require provision of a detailed charging list for billing record for such fee collectionthe fees collected on behalf of Party B, both parties Party A and Party B shall provide users with such record to subscribers without chargelist for free.
8.3.5 10.3.5 If the subscribers users have any objection to and refuse to pay the information service fee for any objection thereto, and collected on behalf of Party A can not prove that the amount to be collected is correct at the time of such disputeB, Party A shall only collect the portion of fees other than that is under dispute, without dispute and timely notify Party B in time of the case. related information.
10.3.6 If users have any objection to the fees collected on behalf of Party B, and Party A and Party B shallis unable to provide evidence within 15 days to prove that that the fee collection is without any error, Party A shall refund users such fees at first and then make compensation in addition to accordance with the payment of communication fees arising from its use of Party A’s mobile communication network, deduct the compensation rules it has publicized. Such portion of information service fee at dispute with fees and compensations (excluding the subscribers compensation due to Party A's liabilities) will be deducted from its share of distributionthe allocation for Party B in the next settlement period. AfterwardsAfter that, Party B shall be responsible to settle for proper handling of the dispute objection with subscribers. If such dispute is resolvedusers.
10.3.7 During handling the objections, neither Party A, nor Party B shall notify the subscribers to pay such amount of information service fee, which shall be paid by Party A to Party B in the following settlement cycle at Party B’s share of distributions. If the dispute can not be resolved, Party B shall not have the right to claim its share in the distribution of such portion of information service fee.
8.3.6 If there is any dispute with any subscriber on pre-paid basis, and both parties can not prove that the amount to be collected is correct within 15 days thereafter, Party A shall temporarily refund to such subscriber, and deduct the portion of information service at dispute from Party B’s share of distribution in the next round of settlement cycle. Afterwards, Party B shall be responsible to settle the dispute with the subscriber, and handle relevant issues in accordance with dispute resolution provisions in Article [] hereof.
8.3.7 During the process of dispute resolution, both parties shall not suspend stop or terminate any services to such subscriber other than those at disputethe services in respect of the objection.
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Sources: Whole Network Value Added Service Sp Cooperation Agreement (Kongzhong Corp)