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The traditional paper contract in the education industry has pain points such as low efficiency, poor communication between upstream and downstream businessmen, inconvenient contract management, and easy tampering.
According to the provisions of the Electronic Signature Law, reliable electronic signatures need to meet the following requirements: locking the real identity of the contracting entity, effectively preventing document tampering, and accurately recording the time of signing.
As a leading third-party electronic contract platform in China, we have the following technologies to achieve these requirements:
Authoritative authentication system: the use of national agency authentication technology to ensure the true identity of the electronic contract signatories on our platform;
Anti-tampering technology: The international universal hash value technology is used to solidify the original electronic file data, and it is easy to identify whether the file has been tampered with;
Third-party timing technology: accurately record the contract time.
Only electronic contracts signed with reliable electronic signatures (electronic seals) are legally valid. A reliable third-party e-contract platform is the best choice for security, compliance, and convenience.
The way to sign a contract on our platform is as follows:
During this period, in order to support the necessary contract signing needs of enterprises and individuals, our platform provides 10 million electronic contract documents for free remote signing support.
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In view of the problem that the online operation of the education platform is not suitable for the offline signing scenario, the third-party electronic contract service platform integrates the electronic seal with the education platform, so that the upstream and downstream educational resources and student resources with the education platform as the core can sign various documents, avoid risks and improve services.
The education platform is based on the openness of the Internet platform, expands student resources, and the main characteristics are the large number of students and the dispersion. With the help of the implementation principle of electronic seals, the important signing scenarios in the whole process from course selection to completion can be realized.
Online self-service course selection:After the integration of the education platform and the electronic seal, the intended students can choose the online courses they need based on the platform and enter the course agreement signing process.
Online Authentication & Signing:With the help of CA identity authentication technology, the identity authentication of students is realized to ensure the validity of students' identities. The platform automatically generates an electronic course agreement according to the course content selected by the student, and the electronic signature can be generated and signed with the help of the electronic seal application after confirmation by the student.
Online Learning & Completion:Students who complete the course semester and pass the exam will receive a certificate of completion issued by the platform. The platform generates an electronic certificate based on the student's information, and stamps the official seal by calling the electronic seal interface.
Because the electronic seal has the characteristics of being recognizable and tamper-proof, it can ensure the authenticity and authority of the certificate.
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How to sign an electronic contract:
1. Register on the third-party electronic contract service platform; and complete real-name authentication.
2. To make an electronic signature on the platform, the enterprise needs to make an electronic official seal.
3. Upload the investment agreement template, fill in the content, and generate a link.
5. The signatory can sign after registration.
A legally binding electronic contract is signed.
Advantages: Rest assured sign can provide PC, SMS, applet, ***, H5 and other signing methods, complete the whole process of contract signing in three minutes, break geographical restrictions, shorten the contract signing cycle, improve the efficiency of contract signing, and reduce the uncertainty factors lost students. Before the contract is signed, use mobile phone number, ID card, face recognition and other multi-factor identity authentication to prove the identity of the signatory, and during the signing process, use digital signature technology, timestamps, CA certificates, multi-point storage, etc. to prevent signing, fraudulent signing, and radish seals, so as to ensure that the contract is not tampered with, and prevent the loss of the contract and the denial of relevant personnel.
Online signing, no printing, express delivery, manual management, storage and other costs, greatly saving costs, environmental protection and green.
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Electronic contract signing mainly includes the following steps:
1.Initiation of contract negotiations. First, enter the electronic contract conclusion system, register the user's identity information, verify the identity information, check the identity status, start the negotiation, and the system will automatically record the negotiation content.
In this way, the verification and review of users' identities is conducive to the establishment of a sound credit system for Internet platforms.
2.**Sign. The parties should read the content of the contract and sign their own exclusive electronic signature. The electronic signature of the third-party electronic contract platform adopts technical encryption, which makes the electronic contract more secure and complete.
3.Send the contract. In order to prevent system vulnerabilities or hackers from tampering with the content of the contract, the third party adopts advanced technology to send it to the other party for signature at the first time when the parties sign it, and accurately record the sending time and the time when the other party receives and viewes.
4.The other party signs. After receiving the electronic contract information, the other party will be notified in the form of SMS, and after reading and confirming, the electronic signature will be signed first, and the system will properly keep the electronic signature data.
5.Auxiliary authentication of electronic contracts. In order to ensure the user's security information, the system will use ***, timestamp, SMS notification, watermark and other methods to carry out auxiliary authentication of DENIC.
It is advisable to choose a reliable service platform for consultation.
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It can be signed through a third-party platform, through SaaS, interfaces, and private deployment.
Enterprises can connect the functions of subject identity verification, electronic signature (CA certificate), and evidence preservation and consolidation to the user's business system by calling the electronic contract interface of Zhongxin, so as to realize the application and management of electronic contracts in the user's ** APP WeChat applet.
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It is necessary to sign a contract, so that the other party can better protect its own interests in the future. The failure of the parties to the sales contract to make an agreement on the price or the agreement is not clear does not lead to the invalidity of the contract. However, the law needs to be prescribed to determine the principles.
In accordance with the provisions of the law, the parties may agree to supplement the price. If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. For example, the model, quality and other conditions of the subject matter are important references for determining how much the subject matter is.
If the price cannot be determined at this time, it shall be performed in accordance with the market ** of the place of performance at the time of the conclusion of the contract, except for the price set by ** according to law. The principle of determining the price by law is to make up for the deficiencies considered by the parties when entering into the contract, and the market determination at the time of the conclusion of the contract can reasonably reflect the true intention of the parties.
Legal basis
Article 469 of the Civil Code [Form of Contract Formation] The parties may conclude a contract in written, oral, or other forms. The written form is the form in which the contents of the contract, letter reply, telegram, telex, fax, etc. can be tangibly expressed.
Article 2 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China clearly stipulates that: "Where the parties have not concluded a contract in written or oral form, but it can be inferred from the civil acts engaged in by both parties that the parties have the intention to conclude a contract, the people's court may determine that the contract is concluded in the "other form" as used in the first paragraph of Article 10 of the Contract Law." Except as otherwise provided by law.
The law provides otherwise": borrower contract, financial lease contract, technology development contract, technology transfer contract, etc.; Guarantee contract, land use right transfer contract.
Article 1 of the Judicial Interpretation III of the Contract Law stipulates that:
1. There is no written contract between the parties, and one party claims the existence of a sales contract relationship by means of delivery notes, receipt notes, settlement statements, invoices, etc.
2. The people's court shall make a determination on whether the sales contract is established in light of the transaction methods, trading habits and other relevant evidence between the parties.
3. Where the name of the creditor is not recorded in the reconciliation confirmation form, the letter of recognition of creditor's rights, and other letters and vouchers, and one of the parties to the sales contract proves the existence of a sales contract relationship, the people's court shall support it, unless there is evidence to the contrary that is sufficient to overturn it.
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Online teaching requires a contract, which is generally not**.
Users only need to pay attention to the following items in the enrollment process to identify real and fake educational institutions:
1. Qualifications of educational institutions.
Through inquiry and communication, we can learn about the teaching qualifications of relevant educational institutions and whether they cover services in the fields of education consulting.
2. Teaching content.
Understand whether the teaching service framework of the course is matched with the promotional content, such as the teacher, teaching method, teaching duration, and teaching content.
3. Sign the contract.
Formal educational institutions, whether online teaching platforms or offline educational institutions, will sign formal teaching service contracts for students.
When users need to conduct online teaching services through online channels, they should verify the content with the "advertisement" logo, and when selecting relevant educational institutions, they can sign a formal teaching service contract to bind the responsibilities and obligations that both parties should perform to ensure it. There may be formal institutions that have been impersonated by some illegal educational institutions, carry out false publicity, defraud enrollment resources, and ultimately lead to the infringement of students' rights and interests.
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Lawyer's analysis: It depends. After signing a contract, the contract cannot be unilaterally terminated without special reasons, but if the non-refundable clause in the contract is a standard clause and increases the liability of one party, you can go to the court to sue and request that the clause be found to be invalid.
Legal basis
Civil Code of the People's Republic of China
Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt, and fails to perform within a reasonable period of time after being reminded; (4) One of the parties delays the performance of Minhu's debts or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.
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Legal Analysis: It depends. After signing a contract, it is generally not possible to unilaterally terminate the contract without special reasons, but if the non-refundable clause in the contract is a standard clause and increases the liability of one party, you can go to the court to sue and request that the clause be found to be invalid.
Legal basis: The Civil Code of the People's Republic of China
Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances of repentance provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
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The following is how to sign an electronic contract online:
1. Real-name authentication.
Real-name authentication is one of the core issues of how to sign an online electronic contract, and the real-name authentication function of the electronic contract can quickly confirm the true identity of the signatory parties through the CA certificate issued by the CA agency The EID authentication system of the Ministry of Public Security can quickly confirm the true identity of the signatories, ensure the authenticity and reliability of the contract, and provide protection for signing online electronic contracts without meeting.
2. Apply for a seal.
After completing the real-name authentication, users will receive an exclusive electronic signature and electronic seal for free. Users can also create and set up electronic seals by uploading and customizing stamp templates locally.
The user goes to the signing page and initiates it directly through the local file or through the contract template. Then, fill in the signing information in the preset filling area and signature area, add an exclusive electronic signature, and complete the willingness authentication and confirmation through face authentication and other methods, and complete the electronic contract signing link of your own party.
4. Send the contract.
The user can send the signed contract to the other party, and the contract document will accurately record the sending time and other information judgment. The signatory receives a notification of the signing reminder.
5. The other party signs.
After sending the contract, the other party receives a text message or a signing notice to enter the signing page. After browsing the content of the contract, you only need to add an electronic signature or seal, pass real-name authentication, and fully express your willingness to sign, and then you can complete the signing. In the process of real-name authentication of the other party, the electronic contract platform will also automatically issue a CA certificate through the CA agency to ensure that the electronic signature is tamper-proof and has legal effect.
6. Contract management.
After the electronic contract is signed, both parties to the contract can search, view and sign the completed contract on the eSignBao platform portal. In addition, users can click on the electronic seal on the PC to view the digital certificate. If the contract is modified, the name "Electronic Signature Family" is displayed as invalid.
You can also upload the contract documents on the official website of eSignBao (Product - Business Tools - Contract Verification) for verification. <>
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