Gathers still the science and technology lawsuit unceasingly, the high technology or the trick person?

Zhejiang Days Search Technology Co., Ltd. (hereinafter referred to as "days of Shares"), a stock exchange in Zhejiang province listed "High-tech" enterprises. Today, its wholly-owned subsidiary Poly Technology Co., Ltd. (hereinafter referred to as "Poly still Technology") but the lawsuit continues.

July 10, 2013, Zhejiang Natural Person Shi Xingle v. Zhejiang Poly still science and technology contract dispute case in Hangzhou Jianggan District People's Court jiubao courts hearing. Shi Xingle request that the two sides of the contract is invalid, and to gather still science and technology full refund of the contract price of 220,000 yuan and compensation corresponding interest losses. Under the court, Shi Xingle even said Poly technology as a "fraud gang." Reporter investigation found that Shi Xingle and poly technology is not a case, with his experience of the same basic cases at least three this year.

Open Day Search shares of the corporate website, presents a neat, a variety of mobile information products rich and attractive pages. "is a wireless application, wireless software research and development and Mobile information solutions implemented in one of the large-scale High-tech joint-stock enterprises," the day to search shares so introduce themselves. Day Search shares products and subsidiaries Poly still science and technology products are basically consistent, while the latter contribution to the operating income accounted for 99%.

On the one hand is the customer rhetoric of fierce accusations, and the accused party is vowed "High-tech", and in the Regional Equity trading center listing. What is this?

Same story

A letter of invitation plus a phone call is the same beginning of all stories.

In October 2012, Ms. Liu (a pseudonym) of Jiangsu Province received a letter of invitation to the Forum on economic development of small and medium-sized enterprises in Asia and the Pacific, with the theme "Enterprise profit model under the new situation" and "2012 SME service Year-private enterprises ' special forum for Transformation and upgrading".

Then in the forum organizers of the telephone guide, Ms. Liu to Changzhou Fu Traders hotel to participate in the "Government, public welfare" course, I hope that the organizers said "to strengthen the exchanges and cooperation between Zhejiang merchants and the Soviet Union, to help SMEs out of the dilemma."

"The instructor was very level, and in a few minutes I was completely attracted to the internet to change everything and so on." After one hours, I was invited to a one-to-one conversation in the next room, and I saw several people in the room talking enthusiastically. Poly still science and technology staff understand my situation, they recommend me to register a ' handheld So-and-so net ', by their company (Poly Technology) is responsible for development and full trust. "Ms. Liu," said the first financial daily, according to Poly Technology, the ' palm of a certain network ' will be through membership dues, online transactions deduction points, advertising revenue three aspects of income generation, income distribution ratio of 2:8 (Poly still 2, Ms. Liu 8). For example, the future gathering technology will be for the site investment, introduction of advertising, etc., if a customer through the site to book the hotel and Check-in, the site will receive the hotel rebate, and then gather technology and Ms. Liu to the rebate for 28. Ms. Liu only needs to wait to collect the money.

"At that time, the atmosphere was very warm, under their turn, I signed a two-year service agreement, the cost of a year is 12,000, a total of 24,000 yuan." The agreement at that time was very simple, and there was no provision for the obligations of both parties, that is, no provision was made for the various matters which the company orally promised. I have doubts about this, but the answer is that it is only a preliminary agreement, the payment of the matter is settled, and then to the above claims, and then signed a formal agreement. Ms. Liu recalls that, looking at the scene of others are rushing to pay, and see the spot out of formal invoices, made a decision and on the spot card, a total of 24,000 yuan.

Shi Xingle received similar invitations earlier. In February 2012, he was invited to Shangri-La Hotel, Ningbo, to participate in the Asia-Pacific SME Economic Development Research Seminar on how to deal with the financial crisis, will be invited to the next room to negotiate, and Poly still technology signed a simple agreement to register two sites-China insulation material Network and palm Ninghai, and a 20 payment of 220,000 yuan.

The "simple agreement" mentioned by Ms Liu and Shi Xingle refers to the opening of service contract (book) of Mobile portal.

Take Shi Xingle's contract, for example, the contract is only one page, in addition to the information and contract price, in the "Service Responsibility and Service agreement" part of a total of seven agreed, in which the customer's rights are mainly "the successful registration of mobile portals and other services in the payment service within the time limit to enjoy independent ownership, use of"; Customer obligations are primarily to provide detailed, factual information and to ensure that the information published in the Mobile portal is true, complete, and legal. Gathers the science and technology the duty is "if because the telecommunication operator's equipment or the technical breakdown causes the service to suspend the interruption, the customer may obtain the breakdown time caused by the interruption the double extension service period".

In addition, there is a "other special agreement", which is handwritten, Shi Xingle the project has written two: first, the full trust services, and second, including production and maintenance costs.

Shi Xingle Business For many years, is the authentic Zhejiang businessmen, with a shrewd and sophisticated, but how also want to not understand their face such a simple agreement, why in the venue so "refuse" to sign, swipe. "The financial crisis to our Jiangsu and Zhejiang Enterprises caused a great impact, we are anxious to change the upgrade, but often lack of channels and opportunities." "In addition to these potential needs, Shi Xingle said that the gathering of science and technology provided by the government" red "and create a payment atmosphere, is their own rapid decision in a short period of external causes.

Trigger a lawsuit

Last November, Poly still technology customer service through the mail to Ms. Liu sent a "handheld So-and-so Network" effect map and visit the Web site, no one has contacted her, said the corresponding verbal commitment to the formal agreement, has not been signed.

Ms. Liu said that poly-tech staff at that time said their "handheld So-and-So network" will cover all aspects of local life, basic necessities, leisure and entertainment, tourism shopping, and so on, and will be some of the mature large consumer groups such as "The United States Network", "handle nets" and other links to take over, that is, as long as someone from the "handheld So-and-so network "Access to any consumer Web site, you can deduct some profit." "I have read the Web site from the computer A few times, can be said to be backwater, and the previous commitment to a few very attractive content unexpectedly one did not." She said that as the site's owner, Poly-Tech didn't even ask her for advice, not to mention the promise of huge profits.

After repeatedly contacting the person in charge of the project, Ms. Liu received a response that was consistent with most of the clients-"We are not a small company to trust in our company." "I put forward a termination agreement in November (last year), but nobody cared." Ms. Liu said.

Shi Xingle's handheld Ninghai and China Insulation Network have not brought any gains from its so-called "uniqueness" and "scarcity". According to the technology of the handheld Ninghai technology development Cost list, the website will include mobile news, Mobile bulletin, real estate information, data acquisition system and many other modules. And according to the plan January-April in the platform operation, the network promotion aspect completes the rich and the diversification work, simultaneously produces the website Analysis report.

But Shi Xingle to "the first financial daily", said that the value of their own purchase of the site is almost zero, their encounter is a gathering of science and technology carefully planned scam. "Poly still science and technology under the guise of professional institutions to convene a meeting, is actually taking the opportunity to promote the so-called 3G Mobile portal products." "he said.

In Shi Xingle lawsuit case, the day searches shares to announce the announcement to say: "Zhejiang gathers still science and Technology Limited Company in accordance with the contract request for the stone Xing Le Development has produced two mobile portals, and in the appointed time completes, the on-line can the normal visit." "From the literal understanding," finished "," the line can be normal access "that is poly still science and technology complete performance of the mark.

It is noteworthy that Shi Xingle as a natural person is not qualified to operate the portal site, but also to draw a question mark.

Shi Xingle Acting lawyers believe that, according to the relevant provisions, Shi Xingle as a natural person does not have to become a business of the operating site, unable to obtain the "People's Republic of China Telecommunications and Information Services business license", that is, ICP license; At the same time, China's insulation network because of "China" words, Shi Xingle not only cannot obtain the business license of the website, also cannot carry on ICP record.

In this regard, Poly still science and technology lawyers are believed that Poly still has the operation of the Palm Ninghai, China insulation Material Network qualification, can be commissioned by Shi Xingle.

Li Junhui, a special researcher at the Intellectual Property Research center of China University of Political Science and Law, said in an interview with the first financial daily that according to China's "Internet Information Service Management measures", the State has implemented the licensing system for the operation of Internet Information Services, The so-called operating Internet Information Service refers to the Internet to the Internet users paid to provide information or Web page production service activities. Engaged in the operation of Internet Information Services, should be to the provinces, autonomous regions, the central government telecom management agencies or the State Council information industry authorities to apply for Internet Information Services value-added Telecommunications business license. The Internet Information Service shall not be engaged in without obtaining permission or failing to perform the filing formalities.

"The subject of the website is a natural person, can only handle the registration procedure of the non-profit website, cannot obtain the operating Internet Information license and the Internet Information Service value-added Telecommunications business license." "Li Junhui said that the market, a single domain name registration fee from a few yuan to hundreds of yuan, generally not more than 10,000 yuan, a hundred thousand of price contract will usually include a number of domain name registration, website construction and internet promotion and other services.

Li Junhui analysis that, Shi Xingle and other users in the purchase of mobile portal sites and related services, should have the purpose or nature of personal investment. "Any investment has a risk, for possible risks, if there is no written agreement to share the risk of the way, only oral agreement, then, it may eventually lead to their own full or large proportion of risk." "Li Junhui said.

The case is more controversial and has not yet been pronounced. The courts, plaintiffs and defendants indicated that they would make further confirmation to the authorities concerned.

Behind the Veil

Here, the answer is not only unclear, but the question mark more and more.

Poly still science and technology was established in March 2011, the registered capital of 5 million yuan, the main products include app development, mobile portal, cool Mall, the electrical business outsourcing.

Poly Technology is the day to search shares of the wholly-owned subsidiary. Day Search shares was founded in March 2008, October 17, 2012 in Zhejiang Stock Exchange Center listing, products and poly technology is basically consistent. Why are the legal representatives of the two companies dawning?

In fact, before the day of the search of shares and its wholly owned subsidiaries, there is a Hangzhou Prosperity Blueprint Information Technology Co., Ltd. (hereinafter referred to as "the blueprint of the Spirit"), but also engaged in the same business model.

Industry and Commerce Archives data show that the current prosperity blueprint and poly still technology is a day search shares subsidiary. But there are employees and customers who say it's just a different form of business in which the same team is engaged in the same business model at different times.

February 28, 2005, the Golden Age blueprint was set up in Hangzhou, the company said there are three major business areas, namely mobile marketing, wireless advertising, mobile software, including Chinese name site, WAP Web sites, Skylight browser.

It is noteworthy that the spirit of the Blueprint website published software PRODUCT registration certificate (number: Zhejiang dgy-2007-0119) application is not the blueprint, but Hangzhou Day Search Technology Co., Ltd., another computer software copyright certificate (number: Soft sign No. 061764) Copyright owner is also Hangzhou Tian Search Technology Co., Ltd.

2008, is from the "Spirit of the Blueprint" period to "days to search shares" transition of the year. February 2008, Shi Gaotao, He Guang and investor Cheong officially signed the day Search Network financing Investment Cooperation Agreement, March 2008, day search shares set up. Subsequently, to "Day search" for the brand activities in many cities nationwide, Shanghai Day search and other branches have been established. Listing information shows that Shi Gaotao, He Guang and Cheong respectively 48%, 32%, 20% of the share of the day seized shares.

2011, the day search shares wholly-owned subsidiary Poly still Science and technology set up to undertake the day search of the main business.

This newspaper also found in the course of the investigation, whether in the process of the court to gather technology agents and staff performance, or the recommendation of Zhejiang is the State Investment Co., Ltd. (hereinafter referred to as "positive state investment") related to the responsible person, are stressed with the Shi Xing music is the main body of the dispute is a subsidiary of the technology, with the day to search shares do not have a relationship.

For Shi Xingle Case, the Ministry of Investment Law department Davin said to this newspaper, according to his understanding, days Search company under the subsidiary is a debt dispute, and the case is very small, is not suspected of fraud. Positive state investment in charge of day search shares project head Ma said to this newspaper, Shi Xingle case with the recommendation of the company day search shares have no relationship.

Ma also said that the days of search and gather is still two different legal subjects, but for this newspaper asked the "days to search shares and gather still science and technology earnings is not a merger" problem, said not convenient response.

Audit report consolidated profit statement shows that 2012 days to search shares operating income of 41.825 million yuan. 2012 is the first complete fiscal year, the company realized income of 41.3316 million yuan, contributed to the parent company's income of 99%.

February 7, 2013, the day seized shares in Zhejiang Stock Exchange Center issued a notice, said February 2012, Shi Xingle and Zhejiang Days Search Technology Co., Ltd. Zhejiang Poly still technology Co., Ltd signed the "Mobile Portal technology Services open contract."

"The sky search is gathers still." "Poly still technology former staff Wang (alias) in the" First financial daily interview, said, because before the prosperity Blueprint Negative news More, the company changed to days search, day search negative news more, the company changed to gather still. In fact, the main backbone has not changed. "he said. Day Search Shares board secretary Hou Chiru also said to this newspaper, the blueprint for the prosperity is not clear, but Poly still technology is the day search shares wholly owned subsidiary.

Operation Insider

As a "High-tech" enterprise listed in the Zhejiang Equity Trading Center, the company has been booming in business as it has been developing rapidly in its shares and subsidiaries.

In the export of Zhejiang businessmen to the cold winter, the days of the search shares can be doubled to increase the income. 2012 Day Search shares operating income of 41.825 million yuan, the same period last year, income of 20.8894 million yuan, annual growth rate of more than 100%. Its wholly-owned subsidiaries gather technology to achieve income of 41.3316 million yuan, all are mobile portal registration service fee, the user to provide poly technology issued by the invoice item is also "registration service fee."

"Now the market recognition is very high, the company one months can do more than 8 million, before one months 3 million or 4 million." "According to a gathering of technology, an old employee revealed that the company's current market range of radiation to Guangdong, Shandong, Fujian, Hunan, Hubei, Jiangxi and Zhejiang more than 10 provinces.

As the 2011 into the technology of the "reserve cadres", the company's rapid pace of development, has made Wang full of expectations. But what followed was a deep suspicion that he was entering a High-tech company. "Our usual job is to go online and search the phone numbers of our bosses, and then tell them that we are in the Zhejiang Chamber of Commerce or something, that there is an entrepreneurial Exchange discussion meeting, and then invite them to attend." Wang said, poly Technology call is mainly in the name of "Zhejiang Chamber of Commerce", because the company is mainly linked to the economic underdeveloped areas, this head can indeed bluff many people, most of the time a class can earn more than 700,000.

Zhejiang Chamber of Commerce in every provinces and cities have chapters, Shanghai Zhejiang Branch and the secretariat of the Zhejiang branch of Guangxi, said this newspaper, never heard of the day to search shares, the spirit of the blueprint and Poly still science and technology. "Specifically do not know what the Zhejiang Chamber of Commerce has anything to do with us, we said at that time is the total stone in the Zhejiang Chamber of Commerce hung a name or what." They have a lot of titles anyway. "Wang said.

Wang introduced himself in addition to the telephone, but also did a similar "crowd actors" work. "I have attended a number of meetings, not a single, that is, when childcare, watching a few big customers go in, there shout ' this to me," and then swipe. Wang said, there have been staff were asked to carry the "Zhejiang satellite TV" icon of the camera pretending to shoot, see who is disruptive, said to be "deceptive" or something, take the camera alignment.

In response, this newspaper asked the Secretary for the answer is "not clear."

Who will oversee

After signing, many users feel cheated will go to Hangzhou days to search shares, gather still technology to find the person responsible for negotiations. "Can drag on the drag, can not drag on the refund." "Wang said.

For the customer to request a refund, Hou Chiru said that the refund does not refund the contract is clearly written. "In the contract, a valid contract must be clearly defined," he said. "he said.

But this newspaper found that in the Poly technology and Shi Xingle signed only one page of the "Mobile Portal Open service contract (book)", there is no refund provisions.

Ms. Liu said to this newspaper, their own in contact with the project responsible for the lack of the results of many inquiries to find He Guang contact, and then over and over the phone, after the gathering technology returned 20,000 yuan.

In addition, according to Wang, due to the previous gathering technology has been the staff to take tens of thousands of Yuan of commission after leaving, but then the customer unrest, the company also money, commission to compensate for the situation, in order to avoid such cases, the company later commission issued from a one-time release to a partial distribution.

Shi Xingle said Poly still technology has sought their own reconciliation, but because of their request for a full refund, the other side said back to consider after no tidings, finally went to court.

In fact, the company's financial processing has been adjusted accordingly as a result of the customer's request for a refund. 2012 Day Search shares in the audit report, under Other payment items, "Shi Xingle" name impressively in the column, corresponding to the amount payable for "220000.00" Yuan. Also ranked on the list, there are Zhang, Lin, chapter, respectively, the amount is 120,000, 200,000, 180,000.

In this respect, Zhejiang Equity Trading Center project management and Asset rights, deputy Director of the Wang Minjun to the "first financial daily" said, because Shi Xingle reflect days of the issue of the shares, the center dedicated to the company visited, and asked the day to search the shares of the dispute in accordance with the central provisions of the disclosure.

"Enterprise this piece, in the information disclosure aspect we do some requests, more to stand on the investor aspect." Wang Minjun said, if there is any problem, the center will find recommendations Shangyo talk about, the most serious is to cancel the qualification of the recommendation, and business management, business model, the platform can not be managed.

But the question is, if the listed companies conduct improper business practices, who will oversee them?

Since the establishment of the Zhejiang Stock Exchange Center since September 3, 2012, the cumulative listing of 90 companies, the total market value of 19.2 billion yuan. As of the end of June 2013, the center of private debt 11, 172 hosting enterprises, 157 members, including the recommendation of 72 members, registered investors 6364 people. Zhejiang Stock Exchange Center staff Introduction, meet two conditions can apply to the Stock Exchange Center listing, one is to complete the shareholding system transformation, the second is the main business outstanding. "is currently planning to set up innovation board, in the service may be lower, but the organization is not limited." "The source said.

Western securities outside the market, general manager Cheng said, OTC market for investors do not understand the enterprise services, the motherboard is for investors understand the Enterprise services. Days to search the business model of shares, I do not know whether investors can read.

But the same story continues.

June 25, 2013, the Guangdong Hubei Chamber of Commerce Zengcheng Branch, Mr. Deng, after receiving the invitation call, and received the acknowledgement of the Zhejiang Chamber of Commerce Chen's confirmation message, invited to participate in the June 26 in Zengcheng Evergrande Hotel held the "first Guangdong and Zhejiang Private enterprise innovation and Development Forum." After that, they are also listening to lectures, being invited to a small room, signing a simple agreement, paying by credit card, and then discovering a problem.

In the request refund no fruit, and get Poly Technology chief consultant Zhang MoU "We are the normal unit, the alarm with you." If you want to solve the company to find the leadership of the reply, Mr. Deng decided to settle by legal means. At present, Mr. Deng has brought a lawsuit to Hangzhou Jianggan District People's court to confirm that the contract is invalid. At present, the court has accepted the case, the number of Hangjiang nine commercial first word No. 214.