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Service Agreement

Welcome to New Projex. The following Service Agreement including our site policies represent a contractual agreement between you and New Projex and its corporate parent and subsidiaries. The Service Agreement and Site Policies are collectively referred to as the "Agreement". By visiting or using services and information available through the Internet domains and sub-domains www.NewProjex.com, www.NewProjex.com.cn, and www.mppeople.com.cn, you are agreeing to be legally bound by the Agreement. We reserve the right, at our sole discretion, to update the terms and scope of the Agreement at any time by updating this section of the Website or any information linked to it. Unless otherwise stated in any revision, the terms will take effect at the date and time of posting.

Services Provided by New Projex

New Projex provides a Website (hereinafter "the Site") and a series of search, research, and communication services that assist Project Buyers and Independent Service Providers (hereinafter, "Project Clients" and "Members" respectively) in connecting with each other and communicating details of their services and project requirements. Services offered to Project Clients and Members include the following:

Connection Services. Through the Site and related email, mobile, and telephonic communications, New Projex provides (a) a venue where Project Clients post project descriptions ("Projects") to receive proposals, expressions of interest ("Bids"), or conduct searches to locate, review, and receive Member contact information ("Contact"), (b) a venue and direct communications that inform Members of potential projects; allow them to search and submit Bids on Projects; and advertise and promote their services and capabilities to prospective Project Clients.

Information Services. To assist Project Clients in evaluating and selecting Members, New Projex provides feedback and ratings administration services.

New Projex does not deliver projects. New Projex does not process billing and payments on behalf of either Project Clients or Members or participate in transactions between Project Clients and Members.

Project Client and Member Definition and Eligibility

Our services our available to individuals and legal entities that are legally able to perform the work described in a Project within the territory in which the work is performed and are legally able to enter into contracts to perform such work. To register an account and become a Project Client and Member, you must accept all of the terms and conditions in, and linked to, our Terms of Service and Site Agreement. New Projex reserves the right at its sole discretion to refuse, suspend, or terminate service to anyone at anytime.

Your Account

To become a Member or Project Client and at use the Services available through New Projex, you must register for an "Account". When registering, updating, and editing information in your Account, you agree to provide true, accurate, and complete information as indicated in the registration and member profile forms. You must periodically update this information so as to maintain its truthfulness, accuracy, and completeness. You must safeguard the Member ID and password that you use to access the Site. We will understand and interpret any use of the Site and our services using your Member ID and password as being authorized by you. You agree not to register more than one Account.

Project Descriptions and Content

Project Clients agree to post Projects for which they have the intention of solicit proposals for during the Project bidding period entered in the Project registration form. Project Clients agree not to include any of the following information in their Project descriptions:

• Their company name, brand name, or product name


• Their company contact information include telephone numbers, fax numbers, Website address, and email addresses


• Description of activities that are illegal or prohibited in the location where the Project work will be performed, including but not limited to criminal acts, pornography, public indecency, intellectual property infringement, gambling, prostitution, or employment of underage or illegal labor.

Project Descriptions may be posted in either English or Chinese. Chinese Project Descriptions will be communicated to Members who indicate Chinese as their native language in their Member profile. English Project Descriptions will be communicated to Members who indicate English or all other languages as their native language in their Member profile.

New Projex may offer translation services for Project Descriptions to Project Clients. When providing translation services, New Projex will use its best efforts to assure the accuracy and completeness of the translated material. However, does not guarantee the accuracy or completeness of Project Descriptions or other information that Project Clients or Members have requested New Projex to translate on their behalf. Project Clients and Members agree to indemnify and hold harmless New Projex from any claims or losses resulting from translation errors, changes, or omissions.

Fees

Project Clients and Members agree to pay all fees applicable to your use of New Projex services. You agree not to circumvent the New Projex fee structure or payment terms.

Legal Relationships

New Projex Scope of Services

New Projex provides a the Site and a series of search, research, and communication services that assist Project Clients and Members in connecting with each other and communicating details of their services and project requirements. New Projex is not involved in the negotiation of Project details or fees or the contracting of services between Project Clients and Members. New Projex is not involved in the delivery of Services by Members. New Projex does not guarantee the accuracy, quality, legality, or safety of the Member services advertised. New Projex does not guarantee the accuracy or completeness of the listings, backgrounds, or capabilities of its Members or the Members' ability to deliver Member Services. New Projex does not guarantee the accuracy or completeness of Project Client listings, intention to contact Members, or intention to contract Projects described in New Projex communications. New Projex does not guarantee Project Clients' ability to pay for Projects listed or communicated by New Projex.

Project Client and Member Relationships

Any contractual or non-contractual relationships between Project Client and Members resulting from information or communications received through or from New Projex are solely between Project Client and Member. New Projex is not a party to any contractual relationships or financial transactions between Project Clients and Members. All negotiations or communications of Project details, Project Fees, and payment terms shall be conducted directly between Project Client and Member.

Projects

By registering as a Member or Project Client, you acknowledge and agree that New Projex is not party to any contract for any purchase or sale of Projects or other Member Services that may be available on the Site. All rights and obligations for the purchase and sale of any Projects is solely between Project Clients and Members. New Projex is not involved in nor will in assist in the mediation of disputes, or collection of fees related to Projects purchased or sold via the Site.

Taxes

Each Member is solely responsible for satisfying any income tax, VAT, business tax, payroll tax, payroll withholding, sales tax, government reporting and other legal requirements in accordance with applicable, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.

No Agency

The Terms of Service and any registration or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and New Projex, its owners or affiliates.

Access or Interference

You agree that you will not use a robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You agree that you will not (a) take any action that imposes (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, (b) copy, reproduce, modify, create derivative works from, or publicly display any content (other than content that you have submitted to the Site) and software code that is part of the Site, or any Services offered on the Site, (c) interfere or attempt to interfere with the operation of the Site, (d) bypass or type to bypass measure that we have imposed to restrict access to the Site, or (e) engage in the unauthorized transfer or attempt to transfer or copy or reproduce Member details, Service descriptions, or contact information in the possession of New Projex.

Member Data

New Projex is not responsible for the storage, backup, or maintenance of Member data contained within the Site.

Warranty Disclaimer

Services provided by New Projex, its owners, and affiliates are provided "As Is" without any warranties express or implied including implied warranties of merchantability, accuracy, fitness of purpose for a particular application. We make no representations or warranties express or implied as to the quality, identity, reliability of any third party or as to the accuracy or completeness of any postings, advertisements, or profiles made on the Site by third parties.

Limitation of Liability

In no case shall New Projex, its owners, affiliates, and service providers be liable to you for any incidental, consequential, direct or indirect, or punitive damages pursuant to this agreement. You agree to indemnify and hold harmless New Projex, its owners, service providers, and affiliates from loss of profits, loss of business opportunities, loss of or damage to goodwill, loss of employment or employment opportunities, related to or associated with Services provided by New Projex. You agree to release New Projex, its employees, officers, directors, owners, and affiliates from claims or demands of every kind arising from or related in any way to disputes between Project Clients and Members.

Notices & Communication

New Projex will communicate with you via email, information posted on the Site, and via telephone. You agree to receive communications from us via email, mobile short message, and telephone. You agree that any electronic communication will satisfy the legal requirement of written communication. You will be considered to have received a communication when New Projex sends such communication to the email address that you have provided to New Projex in your registration. You are responsible for maintaining the accuracy and currency of such email addresses and for monitoring such email addresses for New Projex communications.

All communications to New Projex should be sent to:

New Projex
Suite G, 16 Floor
369 Fuxing Zhong Road
Shanghai 200025 China

Governing Law and Resolution of Disputes

The Terms of Service are governed in all respects by the laws of Hong Kong S.A.R. You agree that any claim or dispute you may have with New Projex, its owners, or affiliates must be resolved in a court located in Hong Kong S.A.R.

Termination or Suspension of Service or Access

This agreement becomes effective upon your use of the Site and shall continue until it is terminated by New Projex or you. Unless otherwise agreed in writing between the two parties, New Projex and you may terminate this Agreement at any time for any reason upon providing notice to the other party. In the event of termination, New Projex shall (i) deactivate any Member or Project Client Account that you have created, making such Account in accessible to you, (ii) close all Projects that you have posted and open on the Site, and (iii) notify Project bidders of Project closure.

In the event of termination, New Projex shall bear no obligation to return or refund any Service Package or Membership fees paid or payable. As indicated in the Billing and Payment section of this agreement, Service Packages and Membership fees are non-refundable.

Without limitation to other remedies, we may, at our sole discretion, issue warnings, temporarily suspend, or terminate the Agreement or any of the services provided by New Projex under the agreement if (a) you violate the Terms of Service, (b) we are unable to verify information that you have provided to us, (c) Members or Project Clients file complaints with us against you, (d) we believe that actions taken by you may expose New Projex, its owners, Clients, or Members to legal liability, or (f) we believe, in our sole judgment, that action taken by you compromise the interests of New Projex, its Clients, or its Members.

In the event that you engage in actions that circumvent the Site or reduce fees owed to New Projex, you will be required to pay New Projex for the full value of fees owed and all costs (including legal and third-party fees) associated with collecting such fees.

Billing and Payment

Unless indicated by a separate service agreement between you and New Projex or its affiliates or parent company, billing and payment for projects facilitated through the New Projex system will be conducted as transaction solely between Project Clients and Members.

New Projex, its affiliates and parent company may bill Project Clients and Members for use of the New Projex system and for services provided via the New Projex system that facilitate communication between Project Clients and Members.

Payment for use of the New Projex system or for services provided by New Projex will be made in advance of using such services. Payment may be made in a range of currencies and using a number of payment mechanisms indicated by New Projex at the time of invoicing.