Archival Number: ForNGO Service Terms
These ForNGO Service Terms (“these Terms”) stipulate the terms and conditions between the applicant (including the applying public benefit organization and its authorized representative(s), collectively referred to as “the Applicant”) and Shanghai ForNGO Legal Research and Service Center and its personnel (collectively referred to as “ForNGO”) regarding the Applicant’s application for and receipt of legal consultation or other legal services (collectively referred to as “Legal Services”) from ForNGO.
The Applicant agrees and is willing to comply with the following provisions:
-
The Applicant confirms that these Terms and any actions conducted under these Terms do not constitute and shall not be deemed to establish any commercial relationship or other profit-oriented relationship between the Applicant and ForNGO.
-
Entities eligible to apply for and receive Legal Services from ForNGO are limited to public benefit social organizations legally established within China (hereinafter referred to as “Public Benefit Organizations”). An authorized representative of a Public Benefit Organization should apply for and receive Legal Services from ForNGO based on the instructions, delegation of the Public Benefit Organization, or as a responsible person of the Public Benefit Organization. Such actions shall be deemed as actions of the Public Benefit Organization, and the Public Benefit Organization shall bear full responsibility for all actions of its arranged or delegated authorized representative(s). The Applicant needs to submit relevant qualification documents of the Public Benefit Organization and other information required by ForNGO as indicated on the application page. The Applicant warrants that it has the right to apply for and receive the Legal Services provided by ForNGO and promises that any activities it engages in do not violate any applicable laws.
-
The Applicant confirms that its act of submitting an application for Legal Services on the designated ForNGO application page and the submitted application information constitute only an offer to ForNGO. After receiving the application, ForNGO will review it and has the right to decide at its sole discretion whether to accept the application. To confirm acceptability, ForNGO has the right to request more information or materials from the Applicant. After review, ForNGO’s clear acceptance of the Applicant’s application via phone, email, or other means indicates ForNGO’s acceptance of the application. The duration of Legal Services provided by ForNGO shall not exceed one hour. The Applicant shall participate at the time and in the manner arranged by ForNGO or as mutually agreed upon.
-
The Applicant warrants that all documents and information provided during the application process, ForNGO’s review process, and the receipt of Legal Services are, to the best of its knowledge, true, complete, and accurate. If any changes occur to the documents or information provided by the Applicant, the Applicant shall promptly notify ForNGO of such changes. ForNGO has the right to unilaterally decide whether to continue providing Legal Services to the Applicant at its discretion. If the Applicant violates these Terms, including but not limited to, or engages in any fraud or misrepresentation, ForNGO has the right to pursue legal liability against the Applicant, and the Applicant shall pay ForNGO a penalty of RMB Ten Thousand Yuan.
-
The Applicant shall fully compensate and indemnify ForNGO and its employees, volunteers, directors, supervisors, and other personnel (collectively referred to as “ForNGO Personnel”) for any losses caused by the Applicant’s concealment of circumstances, provision of false materials, or misleading information, in addition to the penalty stipulated in Article 4.
-
Both parties agree that ForNGO shall own the complete copyright, patent rights, or other intellectual property rights to any works or other results formed during the provision of ForNGO’s services.
-
The Legal Services provided by ForNGO are exclusively for the Applicant’s use for the primary purpose stated during the application. The Applicant warrants that, without ForNGO’s prior written consent, it shall not use the Legal Services for other purposes or disclose any legal advice, documents, or information obtained during the Legal Services to any third party. Any use not complying with this article and other unauthorized use by ForNGO shall constitute an infringement of ForNGO’s copyright or other intellectual property rights.
-
Given that ForNGO and its Personnel provide Legal Services to the Applicant on a pro bono basis, ForNGO makes no express or implied warranties regarding the outcome of the Legal Services, including but not limited to winning a case, reaching a settlement, or achieving specific effects. ForNGO also does not guarantee the applicability or reliability of the outcome of its Legal Services for any location or specific purpose and shall not bear any liability related to the provision of Legal Services. Although ForNGO and its Personnel will provide Legal Services with professionalism, care, and diligence, they cannot guarantee that the Legal Services will be error-free or uninterrupted, nor shall they be liable for any errors or omissions resulting from the Legal Services. The Applicant agrees that any costs, compensation, or third-party liabilities arising from or related to the application, receipt, or use of Legal Services shall be borne by the Applicant, and the Applicant shall ensure that ForNGO and its Personnel are held harmless.
-
The Applicant warrants that any information, materials, or other documents provided to ForNGO shall not infringe upon any lawful rights and interests of any third party (including but not limited to third-party personal information, intellectual property rights, etc.) and shall not violate any confidentiality obligations of the Applicant under laws or other contracts. The Applicant shall ensure that ForNGO is not held liable to any third party for any legal liabilities due to its access to, acquisition of, or use of the information, materials, or other documents provided by the Applicant.
-
The Applicant shall fully compensate ForNGO or its Personnel for any costs, compensation, or third-party liabilities incurred by ForNGO or its Personnel due to the Applicant’s violation of applicable laws and regulations, these Terms, or other misconduct.
-
Either party has the right to terminate the Legal Services by notifying the other party in advance, without the need to provide a reason.
-
Unless otherwise agreed by both parties, the information provided by the Applicant to ForNGO shall be used solely for the purpose of providing Legal Services. ForNGO shall not disclose such information to any third party in any manner, except as necessary for providing Legal Services, required by laws and regulations, or under other generally permissible disclosure circumstances.
-
ForNGO may unilaterally amend these Terms at its discretion. Any such amendments shall take effect upon ForNGO providing written notice to the Applicant. The Applicant’s continued acceptance of ForNGO’s Legal Services after receiving notice of the amendments shall be deemed as acceptance of the revised Terms.
-
Any dispute arising from or relating to these Terms shall be resolved through friendly negotiation between the parties. If no agreement is reached within ten working days after the start of negotiation, either party may submit the dispute to the People’s Court in the location of ForNGO for litigation resolution.
