Analysis Of The Service Contract Between Zhang Shun Company And The Subscriber

In recent years, as China's mobile communication technology continues to mature, Surfing on the phone has become a kind of fashion. The popularity and widespread use of smart cellphone, allowing their networks gradually into people's daily lives. Surfing on the phone brings convenience to people?s lives and work at the same time, which has created a series of legal disputes. This article is based on this novel concept of the "keyword" search service, research in connection with whether there is a serious misunderstanding of the contract, the effectiveness of the existence and the terms, explore the legal risk of such contracts.Firstly, This article is the legal properties analysis of the keyword search service. Keyword search is a network technology, it does not rely on the keyword itself, but it requires the operations of platform and technology combination. As a service in the market, Keyword search technology correspond to rights and obligations in the process. While keyword search service is also a kind of Web advertising. In this paper, analysis that keyword search service is essentially advertising from four aspects, which are the definition of commercial advertising, elements and nature, of the advertising and the comparison with Web advertising. So keyword search service should refer to the provisions of the law on advertising regulations, it requires the providers of search engine service undertake the investigate obligation to keyword search actively.Secondly, The question of whether it pose a major misunderstanding involved in the contract or not. In this paper, under the Contract law, the Civil law, taking into account the relevant provisions such as the general opinion of scholars from both the subjective and objective aspects to analysis whether the specific content of the contract constitutes a serious misunderstanding. The misunderstanding of the nature of the contract is the first problem, Mr he consider that it?s a purchased "keywords" sales contracts, actually it was a service contract, the key point is to explain the difference between two types of contracts in order to identify them. Then the misconceptions about the consequences of the contract, the contract do not achieve the purpose of signifying he expected, lead to the contract ultimately unattainable.Last, whether in connection with the contract and the terms of validity. According to the Contracts Act 3rd 2nd paragraph of the definition of standard terms, the part of the terms of the contract involved in the palm, based on its dominant position, block out beforehand, can repeat using, this part of the terms and conditions shall be deemed to be standard terms. Due to these provisions information asymmetry when contracted, unconscionability, and contract provides for the standard terms are not fulfilled the obligations reasonably prompt, therefore, standard terms are revocable terms and what a claimant may request the people's Court shall cancel the format clause.