Introduction and Acceptance
These Terms of Service form a legal agreement between you and Kunming Jiangxia Ling Trading Co., Ltd., the company that operates this website and provides the computer systems design and computer integrated systems design services described here. Throughout these terms, the words the Company, we, us and our refer to Kunming Jiangxia Ling Trading Co., Ltd., and the words you and your refer to the person or organisation using this website or engaging our services.
By accessing this website or by requesting, purchasing or using any of our services, you confirm that you have read, understood and agreed to be bound by these terms. If you do not agree to these terms, you must not use this website or our services.
We may ask you to confirm your acceptance of these terms again when you enter into a specific engagement. Where a separate written agreement is signed for a project, that agreement will govern in the event of any conflict with these general terms.
Definitions
For clarity, certain words used throughout these terms have the meanings set out below. The word website means the site located at https://www.jiangxia.mom and all pages, content and functionality available on it. The word services means the computer systems design, computer integrated systems design and related consulting, integration and support work that we offer and perform.
The word content means all text, graphics, code, diagrams, documentation and other material that appears on the website or is delivered as part of the services. The words personal information have the meaning given to them in our Privacy Policy. The word agreement means these Terms of Service together with any separate written contract, statement of work or proposal accepted by both parties.
These definitions apply whether the relevant terms appear in singular or plural form, and any reference to a section is a reference to a section of these Terms of Service.
About Our Services
The Company provides computer systems design and computer integrated systems design services. Our work may include systems architecture, network and cloud integration, integrated software platforms, data engineering, security and compliance, and managed operations and support. The precise scope of any engagement is described in the proposal, statement of work or contract that we provide to you before work begins.
We provide our services on a professional basis and will use reasonable skill and care in performing the work we agree to do. However, the results of any engagement depend on many factors, including the accuracy of the information you provide, the state of your existing systems and decisions made jointly during the project.
Throughout an engagement we communicate progress clearly and involve you at every key decision point. If your requirements change mid project, we will assess the impact and agree a revised approach with you in writing before proceeding, so that scope, cost and timeline always stay transparent.
The descriptions and examples on this website are provided for general information only. They do not constitute a binding offer, a guarantee of any particular result or a commitment to provide any specific service unless confirmed in a signed agreement.
Eligibility
You may use this website and engage our services only if you are at least eighteen years old and are legally able to enter into a binding contract. By using the website, you represent that you meet these requirements.
If you are using the website or engaging our services on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms. In that case, the word you refers both to you personally and to the organisation you represent.
We reserve the right to refuse service to any person or organisation at any time, for any lawful reason, including where we reasonably believe that a party intends to misuse our services or is in breach of these terms.
Accounts and Responsibilities
Certain parts of our services may require you to create an account or to provide access credentials to your systems. If you create an account, you are responsible for keeping your login details confidential and for all activity that occurs under your account.
You agree to provide accurate, current and complete information when you register, and to update that information promptly when it changes. You agree to notify us immediately if you become aware of any unauthorised use of your account or any other breach of security.
We are not responsible for losses that arise from your failure to keep your credentials secure. Where you grant us access to your systems, you are responsible for ensuring that you have the right to grant that access and that doing so does not breach any agreement you have with a third party.
Acceptable Use
You agree to use this website and our services only for lawful purposes and in a manner that does not harm us, our systems or any third party. You must not attempt to gain unauthorised access to the website, its servers or any data stored on them, and you must not interfere with the proper functioning of the website through any automated or malicious means.
You must not use the website to transmit any content that is unlawful, harmful, defamatory, infringing or otherwise objectionable. You must not reverse engineer, decompile or attempt to extract the source code of any software we provide except to the extent that the law expressly permits.
We may investigate any suspected breach of this section and may suspend or terminate your access to the website or services if we reasonably believe that you have violated these acceptable use rules.
Where your use of our services involves access to or processing of data belonging to third parties, you are responsible for ensuring that you hold all necessary rights and consents to permit that processing, and that your use does not infringe the rights of those third parties or any applicable law.
Intellectual Property
The website and all of its content, including text, graphics, logos, diagrams, code and the design and layout of the pages, are owned by the Company or its licensors and are protected by applicable intellectual property laws. You may view and use the website for your own lawful purposes, but you may not copy, reproduce, distribute, modify or create derivative works from the content without our prior written permission.
The name JiangXia and any related marks are the property of the Company. Nothing in these terms grants you any licence to use our trademarks, and you may not use them in connection with any product or service without our written consent.
Where we produce custom designs, code, documentation or other deliverables for you as part of an engagement, ownership of those deliverables will be addressed in the relevant project agreement. Unless the agreement states otherwise, we retain ownership of any pre-existing tools, methods and materials used to deliver the services.
Fees and Payment
The fees for our services are set out in the proposal, statement of work or contract that we provide to you. Unless otherwise agreed, fees are quoted in a specific currency and are exclusive of applicable taxes, which will be added where required by law.
Payment terms, including any deposit, milestone payments or recurring charges, are described in the relevant project agreement. You agree to pay all amounts due by the dates specified. Late payments may be subject to reasonable interest or to suspension of the services, as described in the agreement.
If you dispute an invoice, you must notify us in writing within a reasonable period of receiving it. Amounts that are not disputed remain due and payable according to the agreed schedule. We will investigate any genuine dispute promptly and in good faith, and we will not suspend services because of a billing question that is being resolved in good faith.
Service Availability and Changes
We aim to keep this website available and to deliver our services to a high standard, but we do not guarantee that the website will be uninterrupted, error free or available at all times. We may suspend, restrict or modify the website or any service from time to time for maintenance, security, legal or operational reasons.
We may also update, improve or discontinue features of our services. Where a change materially affects an active engagement, we will provide reasonable notice and will work with you to manage the change fairly.
You are responsible for maintaining your own access to the internet and for any equipment, software and connectivity required to use the website and our services.
Data and Confidentiality
In the course of providing our services, each party may receive information that is confidential to the other. Each party agrees to protect the other party confidential information with at least the same degree of care it uses to protect its own confidential information, and not to disclose it to third parties except as necessary to perform the agreement or as required by law.
We process personal information in accordance with our Privacy Policy, which forms part of these terms by reference. You agree that you will provide us with any information we reasonably need to perform the services, and that you are responsible for the accuracy and lawfulness of any data you supply to us.
Where your engagement involves access to your production systems, we will agree appropriate safeguards in advance, including the scope of access, the credentials used and how that access is revoked when the work is complete. Both parties will take reasonable steps to prevent unauthorised use of any systems accessed during the engagement.
The obligations of confidentiality survive the end of the agreement and continue for as long as the relevant information remains confidential.
Warranties and Disclaimers
The website and its content are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non infringement.
We do not warrant that the website will be secure, accurate, complete or free of errors or harmful components, or that any result you obtain from using the website or our services will meet your expectations. Any reliance you place on the information on this website is at your own risk.
For services provided under a signed agreement, the specific warranties in that agreement will apply. Nothing in these terms excludes any warranty that cannot be excluded by law.
Limitation of Liability
To the fullest extent permitted by law, the Company and its directors, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the website or our services.
Where liability cannot be excluded, the total aggregate liability of the Company for all claims arising out of or relating to these terms or the services, whether in contract, tort or otherwise, will not exceed the amount you have actually paid to us for the specific service giving rise to the claim during the twelve months preceding the event.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its directors, employees and contractors from and against any claims, damages, losses, costs and expenses, including reasonable legal fees, that arise out of or relate to your use of the website, your breach of these terms or your violation of any law or the rights of a third party.
This indemnification applies to claims brought by third parties as well as to enforcement of these terms. We will notify you promptly of any claim to which this section applies, and we reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.
You agree to cooperate with us in the defence of any such claim and not to settle any claim without our prior written consent.
Term and Termination
These terms remain in effect until they are changed or terminated in accordance with this section. We may suspend or terminate your access to the website or our services at any time if you breach these terms, if we are required to do so by law, or if we decide in good faith to discontinue the relevant service.
You may stop using the website and our services at any time. For services provided under a signed agreement, the termination provisions of that agreement will govern how the engagement ends and which provisions survive.
Sections that by their nature should survive termination, including those relating to intellectual property, confidentiality, disclaimers, limitation of liability and indemnification, will continue to apply after these terms end.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the People Republic of China, without regard to its conflict of law principles. You and the Company agree that the courts of the location where the Company is registered will have non exclusive jurisdiction over any dispute relating to these terms.
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Dispute Resolution
We value clear communication and aim to resolve disagreements quickly and fairly. Before starting any formal legal proceedings, you agree to contact us and attempt to resolve the dispute through good faith negotiation. We will do the same and will respond to your concern promptly.
If a dispute cannot be resolved through negotiation within a reasonable time, either party may pursue its rights through the courts as described in the Governing Law section. Nothing in this section prevents either party from seeking urgent injunctive relief where waiting would cause irreparable harm.
Both parties agree to act in good faith throughout any dispute, to keep communications focused on resolving the issue rather than escalating it, and to keep the substance of any dispute confidential except where disclosure is required by law or is necessary to protect a legal right.
Where the law in your jurisdiction provides additional dispute resolution rights, those rights remain available to you and are not limited by this section.
Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, our business practices or the law. When we make changes, we will revise the last updated date at the top of this page.
For material changes, we will take reasonable steps to notify you, such as by posting a notice on the website. Your continued use of the website after a change becomes effective constitutes acceptance of the revised terms. If you do not agree to the revised terms, you should stop using the website and our services.
Contact Information
If you have any questions about these Terms of Service, or if you wish to raise a concern about our services, please contact us using the details below.
Company: Kunming Jiangxia Ling Trading Co., Ltd.
Address: Room 1306, 13th Floor, Zhiyuan Building, No. 389 Qingnian Road, Wuhua District, Kunming 650000, China
Email: reach@jiangxia.mom
Phone: +17744364908
Website: https://www.jiangxia.mom