1. Agreement to Terms

These terms of service govern your use of the SHINEVAST website and the services we provide. By accessing the website, submitting an enquiry, or entering into a service agreement with us, you agree to be bound by these terms. If you are using the website on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these terms.

We may update these terms from time to time, and the latest version will always be posted on this page. Your continued use of the website after a change takes effect means you accept the updated terms. We encourage you to review this page periodically so that you always know the terms under which you are dealing with us.

2. Services Provided

SHINEVAST provides computer systems design services and computer integrated systems design services, including systems architecture, data services, platform engineering, systems integration, security, and managed care. A precise description of the work to be performed for any particular client is set out in the written proposal and statement of work agreed before the engagement begins.

The website describes our capabilities in general terms and does not, by itself, create any obligation to provide services. No service is provided unless and until both parties sign a written agreement or you accept a written proposal from us. Where a conflict arises between these terms and a signed statement of work, the signed statement of work prevails to the extent of the conflict.

3. Eligibility

You must be at least eighteen years of age to use this website and to contract for our services. By using the website you confirm that you meet this requirement and that all information you provide to us is true, accurate, and complete. We reserve the right to refuse service to any person or organisation at our discretion and without giving a reason.

If you register on behalf of a business, you confirm that you are authorised to represent that business and to bind it to these terms. We may verify your identity or the authority of your representatives before providing certain services. We will never provide services to a party that we reasonably believe is acting fraudulently or in breach of applicable law.

4. Registration and Accounts

Some of our services may require you to create an account. You agree to provide accurate and current information when you register and to keep that information up to date. You are responsible for safeguarding your login credentials and for all activity that takes place under your account.

You must notify us immediately if you suspect that your account has been accessed without your permission. We may suspend or close an account that we reasonably believe has been compromised, misused, or created in breach of these terms. If your contact details change, update them promptly so that we can always reach you about matters affecting your account and the work we do together. We will cooperate with your own security measures and will never ask you for your password by unsolicited email or telephone.

5. Acceptable Use

You agree to use the website and our services only for lawful purposes and in a manner that does not infringe the rights of others or restrict anyone else from using them. You must not attempt to gain unauthorised access to our systems, introduce malicious software, or interfere with the normal operation of the website.

You must not use the website to transmit unlawful, defamatory, or deceptive material, and you must not use our services to process data that you have collected without proper consent. We cooperate fully with law enforcement where the law requires it. We will terminate access for any user who, in our reasonable judgement, breaches this section.

6. Intellectual Property

All content on this website, including text, graphics, logos, and design elements, is the property of the company or its licensors and is protected by intellectual property law. You may view and print pages from the website for your own internal purposes, but you may not republish, sell, or redistribute the content without our prior written permission.

The intellectual property rights in work we create for you are defined in the signed statement of work. Unless otherwise agreed, we grant you a non-exclusive, royalty-free licence to use the deliverables for the purpose they were commissioned. All underlying tools, frameworks, and methodologies that we use remain our property or the property of our licensors.

7. Client Responsibilities

You agree to provide us with the information, access, and decisions we need to perform the work properly and on time. This includes appointing a single point of contact, responding to questions within reasonable timeframes, and making authorised staff available for workshops and reviews.

You are responsible for the accuracy of all information you provide and for ensuring that you hold the necessary rights to any data, systems, or materials you supply to us. Delays caused by missing information, unavailable people, or unresolved decisions may extend the agreed timeline. We will always tell you plainly when your input is needed and what the impact of a delay will be.

8. Fees and Payment

Our fees are set out in the written proposal or statement of work that you accept before an engagement begins. Unless otherwise agreed, fees are quoted in the currency stated in the proposal and are exclusive of applicable taxes. Payment terms, including any deposit and the schedule of payments, are stated in the proposal.

Invoices are payable within the period stated on the invoice. If a payment is overdue, we may suspend work until the account is brought current, and we will notify you before doing so. We may charge a reasonable late fee where the law permits. Fixed-price engagements are invoiced against agreed milestones, so you always pay for completed, verifiable progress.

9. Delivery and Milestones

Each engagement is planned in milestones, with each milestone having a clear deliverable, a review point, and a target date. We will provide you with a written schedule at the start of the project and keep it updated as the work proceeds. Milestones may be adjusted by written agreement between the parties at any time.

We aim to meet every agreed date, and our record shows that we do. If a delay is caused by us, we will tell you promptly and agree a revised date with you. If a delay is caused by you or by a third party outside our control, we will not be responsible for it, and the timeline will be adjusted accordingly. Milestones are deliberately small enough to review, so that problems are found and fixed early rather than discovered at the end of the project.

10. Warranties

We warrant that the services we provide will be performed with reasonable skill and care and in accordance with the agreed specification. We warrant that the deliverables will conform to the written description of work for a period of ninety days from delivery, provided they are used in accordance with our instructions.

To the fullest extent permitted by law, we make no other warranties, whether express or implied, including any implied warranty of merchantability or fitness for a particular purpose. We do not warrant that any system will be completely free from errors or that it will operate uninterrupted in all circumstances, and we will not be liable for failures caused by events outside our reasonable control.

11. Limitation of Liability

To the fullest extent permitted by law, our total liability arising out of or in connection with any engagement, whether in contract, tort, or otherwise, is limited to the total fees paid to us under that engagement. We will not be liable for any indirect, incidental, special, or consequential damages, including lost profits, lost revenue, lost data, or business interruption.

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence or for fraud. Each party remains responsible for its own losses caused by its own negligence or breach of these terms. You should maintain your own backups and business continuity arrangements for your data, and we will support you in testing those arrangements if you ask us to.

12. Indemnification

You agree to indemnify and hold harmless the company, its employees, and its contractors from any claims, damages, liabilities, costs, and expenses arising out of your use of the website, your breach of these terms, or your violation of any law or the rights of any third party.

This indemnity extends to claims arising from data, content, or materials that you provide to us, and to claims arising from your use of deliverables in a manner that is not consistent with our instructions. We will notify you promptly of any claim within our reasonable control and will give you the opportunity to participate in the defence at your own expense.

13. Confidentiality

Both parties agree to keep confidential all non-public information disclosed during an engagement, including business plans, technical specifications, pricing, and personal data. Confidential information may be used only for the purpose of performing the engagement and may be shared only with those who need to know it and who are bound by similar obligations.

These obligations do not apply to information that is already public, that becomes public through no fault of the receiving party, that is independently developed, or that must be disclosed by law. Confidentiality obligations survive the end of the engagement. On request, each party will return or securely destroy the other party confidential material.

14. Termination

Either party may terminate an engagement by written notice if the other party commits a material breach of these terms or the signed agreement and fails to remedy that breach within fourteen days of receiving written notice. Either party may also terminate an engagement by written notice with immediate effect if the other party becomes insolvent or enters into winding up proceedings.

Upon termination, you will pay for all work completed up to the date of termination and for any reasonable costs we have committed on your behalf. We will deliver all completed deliverables and any materials belonging to you promptly. Sections that by their nature should survive termination, including intellectual property, confidentiality, and limitation of liability, will continue to apply.

15. Third Party Services

Our services may rely on or integrate with products and services provided by third parties, such as cloud platforms, hosting providers, and software vendors. Those third party services are governed by their own terms and policies, and we are not a party to any agreement you make with them.

We will help you understand and evaluate third party options, but you are responsible for accepting their terms, managing your accounts, and reviewing their policies. We are not liable for failures or losses caused by third party services, although we will always help you recover quickly from problems that occur with them.

16. Governing Law and Disputes

These terms and any engagement with us are governed by the laws of Hong Kong, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for any dispute arising out of or in connection with these terms or any engagement.

Before commencing any legal action, the parties agree to attempt in good faith to resolve the dispute through negotiation between senior representatives within thirty days. If the dispute remains unresolved, either party may then pursue its remedies in accordance with this section. Nothing in this section prevents either party from seeking urgent injunctive relief to protect its rights.

17. Changes to These Terms

We may revise these terms at any time by updating this page. The date of the latest version is always shown at the top of this document. Material changes will be drawn to your attention when you next interact with us, and your continued use of the website after a change takes effect means you accept the revised terms.

For engagements already in progress, the terms in force at the time the proposal was accepted will continue to apply unless both parties agree in writing to adopt newer terms. We encourage you to review this page regularly so that you are always aware of the terms that apply to your relationship with us.

18. Entire Agreement

These terms, together with any signed statement of work, proposal, or order document accepted by both parties, constitute the entire agreement between you and the company regarding the subject matter, and they supersede all prior discussions, representations, and agreements, whether written or oral.

If any provision of these terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. A waiver of any term in one instance will not be a waiver of that term in any other instance.

19. Contact Us

Questions about these terms or about any engagement are welcome at any time. You can reach us by email at hello@shinevast.hair or by telephone at +19706067849, and we will respond within one business day.

You may also write to us at our registered office:

DE JIN IMPORT AND EXPORT CO., LIMITED
Rm 04-05, 16/F, THE BROADWAY, 54-62 LOCKHART RD, Lai Chi Kok, Hong Kong (HK)

We prefer to resolve any concern through friendly discussion, and we will always give your message a prompt and honest reply. Thank you for reading these terms and for considering SHINEVAST for your systems work.

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