1. Introduction and Acceptance
These Terms of Service set out the conditions under which KIN SHING LUNG MARINE PRODUCTS LIMITED, a company registered in Hong Kong with its principal place of business at Rm 9 G/F SUN SHING MANSION, 32-42 BONHAM STRAND W, Sheung Wan, Hong Kong (HK), provides its services. In these terms, the Company means KIN SHING LUNG MARINE PRODUCTS LIMITED, the Client means the person or organisation receiving the services, and the Services means the computer systems design and computer integrated systems design services described on the website at https://www.kinshing.buzz.
By using the website, submitting an enquiry, or entering into an engagement with the Company, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use the website or engage the Company. These terms apply to all visits, all enquiries, and all engagements, whether made through the website, by email, by telephone, or in person.
2. About the Company
The Company is a Hong Kong based business that provides computer systems design and computer integrated systems design services, focused on the marine products trade and related professional, scientific, and technical services. The Company designs, builds, integrates, and maintains software platforms that help its clients manage supply chains, cold chains, inventory, trading, documentation, analytics, and compliance.
The website and the services presented on it are developed and operated by the developer KinShing on behalf of the Company. The Company operates from its registered address in Hong Kong and serves clients both in Hong Kong and in international markets. Nothing in these terms creates any relationship of partnership, joint venture, agency, or employment between the parties.
3. Description of Services
The Services include the analysis, design, development, integration, testing, deployment, and support of computer systems and integrated computer systems. The Services may include the design of trading platforms, cold chain monitoring systems, inventory and warehouse management tools, documentation and compliance systems, analytics and forecasting platforms, and security frameworks.
The precise scope of the Services to be provided under any engagement is defined in a separate written agreement or proposal that is agreed between the Company and the Client. Unless a written agreement states otherwise, the Company is not responsible for the operation or maintenance of third party systems that are not delivered as part of the Services, even where the Services integrate with those systems.
4. Scope and Availability
Descriptions of the Services on the website are provided for general information only and do not form a binding offer to provide services. The availability of particular services, the technologies used, and the delivery timeline are confirmed only when a written proposal is accepted by both parties.
The Company may update, modify, or discontinue any element of the website or any service described on it at any time, with or without notice. The Company does not guarantee that the website will be available at all times, that it will be free from errors, or that it will operate without interruption. Maintenance, repairs, and upgrades may temporarily affect availability, and the Company will use reasonable efforts to minimise any disruption.
5. Client Responsibilities
The Client is responsible for providing accurate and complete information, materials, and decisions in a timely manner so that the Company can deliver the Services effectively. The Client agrees to provide reasonable access to its staff, its systems, and its data where such access is necessary for the delivery of the Services, and to respond to requests for information without unreasonable delay.
The Client agrees to comply with all applicable laws, regulations, and standards in connection with its use of the Services and its supply of data to the Company. The Client confirms that any data, content, or materials that it provides to the Company for processing, hosting, or integration are data that the Client is lawfully entitled to provide, and that it holds the necessary rights and consents in respect of that data.
6. Proposals and Engagement
An engagement begins when the Company issues a written proposal describing the scope of work, the deliverables, the timeline, and the fees, and the Client accepts that proposal in writing. The proposal, together with these terms, forms the agreement between the parties for that engagement.
No work is deemed to be ordered, and no obligation is created on either party, until a proposal has been accepted in writing. The Company may withdraw a proposal before it is accepted. Any work performed by the Company without a written agreement is performed at the request and risk of the Client, and the Company has no obligation to complete such work unless an agreement is reached.
7. Fees and Payment Terms
The fees for the Services are stated in the written proposal or agreement for each engagement. Unless agreed otherwise, fees are invoiced in stages according to the milestones set out in the agreement, and each invoice is payable within thirty days of the date of the invoice.
If a payment is not received by its due date, the Company may charge interest on the overdue amount at a rate that is permitted by applicable law, calculated from the due date until the date of actual payment. All fees are stated in the currency agreed in the proposal, and the Client is responsible for any bank charges, currency conversion costs, or other fees that arise in the course of making payment.
8. Taxes
The Client is responsible for all taxes, duties, levies, and other charges that are imposed in connection with the Services and the payment of fees, other than taxes based on the net income of the Company. Where any such tax is required to be withheld from a payment, the Client will pay the amount of that tax to the relevant authority and will provide the Company with evidence of payment.
If the Company is required by law to collect or remit any tax in connection with the Services, the amount of that tax will be added to the applicable invoice and will be payable by the Client. The Company will provide such documentation as is reasonably required to support the correct treatment of any tax.
9. Intellectual Property Rights
The Company owns all intellectual property rights in the methodologies, tools, source code, frameworks, documentation, and know how that it uses in the provision of the Services, including any pre existing materials that the Company brings to an engagement. Nothing in these terms transfers ownership of such pre existing intellectual property to the Client.
Any deliverables that are created specifically for the Client under an engagement are owned by the Company until the Client has paid all fees due under the agreement for that engagement. Upon full payment, ownership of the custom deliverables passes to the Client, subject to the licence provisions and to the continuing rights of the Company in any pre existing materials embedded in those deliverables.
10. License to Use Deliverables
Upon full payment of all fees due under an engagement, the Company grants to the Client a non exclusive, perpetual, and non transferable licence to use the custom deliverables for the internal business purposes of the Client. This licence does not permit the Client to resell, sublicense, or distribute the deliverables to third parties without the prior written consent of the Company.
Any open source components or third party libraries included in a deliverable remain subject to their own licences, and the Client agrees to comply with the terms of those licences. The Company may require the Client to attribute or retain certain notices within a deliverable, and the Client agrees to preserve such notices.
11. Client Materials
The Client grants to the Company a limited licence to use any data, content, logos, and materials that the Client provides in connection with an engagement, solely for the purpose of performing the Services. This licence continues for the duration of the engagement and for any period required to complete the work.
The Client represents and warrants that it owns or otherwise controls all rights in the materials that it provides, and that the use of those materials by the Company will not infringe the rights of any third party. The Client remains responsible for the accuracy, legality, and suitability of all materials that it provides.
12. Confidentiality
Each party agrees to keep confidential all non public information that it receives from the other party in connection with an engagement, including business plans, technical information, client data, pricing, and project details. Confidential information will be used only for the purpose of the engagement and will not be disclosed to any third party without the prior written consent of the disclosing party.
These confidentiality obligations do not apply to information that is or becomes public other than through a breach of this clause, information that is independently developed, information that is already known to the receiving party, or information that must be disclosed by law. Confidentiality obligations survive the termination of any engagement and continue for a period of five years after the end of the engagement.
13. Warranties
The Company warrants that the Services will be performed in a professional manner, using reasonable skill and care, and in accordance with the scope described in the applicable agreement. The Company also warrants that the custom deliverables will conform to the specifications set out in the agreement for a period of ninety days after delivery, subject to the Client using the deliverables in accordance with the documentation provided.
If the Client notifies the Company in writing of a defect within the warranty period, the Company will, at its option, correct the defect, re perform the affected work, or refund the fees paid for the affected deliverables. This remedy is the sole remedy of the Client for breach of this warranty.
14. Disclaimer of Warranties
Except for the express warranties set out in these terms, the Services and all deliverables are provided on an as is and as available basis, and the Company makes no other warranties, whether express, implied, or statutory. The Company expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non infringement.
The Company does not warrant that the deliverables will be error free, that they will operate without interruption, or that they will meet the particular requirements of the Client beyond the specifications agreed in writing. The Client acknowledges that the development and integration of computer systems involves inherent complexity and that outcomes may depend on factors outside the control of the Company.
15. Limitation of Liability
To the maximum extent permitted by law, the total aggregate liability of the Company arising out of or in connection with these terms or any engagement, whether in contract, tort, or otherwise, will not exceed the total fees actually paid by the Client to the Company for the engagement under which the claim arises.
In no event will the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with these terms, even if the Company has been advised of the possibility of such damages. The Client acknowledges that this limitation is reasonable given the nature and pricing of the Services.
16. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with the use of the Services or the deliverables by the Client, the materials and data provided by the Client, or any breach of these terms by the Client.
The Company will notify the Client promptly of any claim for which the Company seeks indemnification and will give the Client reasonable control over the defence of such claim, provided that the Client does not admit liability on behalf of the Company without its consent.
17. Third Party Services
The Services may integrate with or rely upon services, platforms, or equipment that are provided by third parties, such as cloud hosting, communication networks, sensors, and hardware. The Company is not responsible for the availability, performance, or correctness of such third party services, and any liability arising from them rests with the relevant provider.
Where the Client chooses to use a third party service in connection with the deliverables, the terms of that third party govern the use of that service, and the Client agrees to comply with those terms. The Company will provide reasonable assistance in configuring integrations, but the Client is responsible for the selection and management of any third party service that it engages directly.
18. Term and Termination
These terms take effect on the earlier of your first use of the website or the acceptance of a proposal, and they remain in effect until terminated. An engagement continues for the term stated in the applicable agreement, unless it is terminated earlier in accordance with that agreement.
Either party may terminate an engagement with immediate effect by written notice if the other party commits a material breach of the agreement and fails to remedy that breach within thirty days of written notice describing the breach. Upon termination, the Client will pay for all work performed and all deliverables delivered up to the date of termination, and any provisions of these terms that are intended to survive termination will continue in force.
19. Suspension of Services
The Company may suspend the provision of the Services, in whole or in part, with immediate effect and without liability, if the Client fails to pay any amount when due, if the Client breaches any material term of the agreement, or if the Company reasonably believes that continued provision of the Services would create a risk to the Company, its staff, or third parties.
The Company will notify the Client of any suspension and the reason for it, and will restore the Services once the cause of the suspension has been remedied and any amounts due have been paid. Suspension of the Services does not relieve the Client of its payment obligations, and the term of the engagement will not be extended by any period of suspension.
20. Changes to the Services and This Agreement
The Company may update or modify these terms from time to time to reflect changes in the business, the law, or the way the Services operate. When changes are made, the date at the top of this page will be revised, and the updated terms will apply to all use of the website and to all engagements from that date.
For an existing engagement, the terms of the agreement in place at the time of acceptance will continue to apply unless both parties agree in writing to a variation. The Company may update the Services themselves, adding or changing features, provided that any change does not materially reduce the functionality agreed for an existing engagement. Continued use of the website after changes to these terms means that you accept the updated terms.
21. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under an agreement to the extent that the failure or delay is caused by an event beyond the reasonable control of that party, including natural disasters, war, civil unrest, epidemics, pandemics, government action, power failures, network failures, and failures of telecommunications.
The affected party will notify the other party promptly of the occurrence of a force majeure event and will use reasonable efforts to mitigate its effects. If a force majeure event continues for more than sixty days, either party may terminate the affected engagement by written notice without liability, and the Client will pay for all work performed up to the date of termination.
22. Governing Law and Jurisdiction
These terms and any agreement between the parties are governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any dispute arising out of or in connection with these terms.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms or to any agreement between the parties. The Company makes no representation that the Services or the website are appropriate or available for use in locations other than Hong Kong, and access from locations where the content is unlawful is prohibited.
23. Dispute Resolution
The parties will use their reasonable efforts to resolve any dispute arising out of or in connection with these terms through good faith negotiation before commencing any formal proceedings. A senior representative of each party will be involved in such negotiation, and the parties will exchange such information as is reasonably necessary to reach a resolution.
If a dispute is not resolved through negotiation within thirty days, either party may refer the dispute to mediation before a mediator agreed by the parties or appointed in accordance with the rules of a recognised mediation body in Hong Kong. If mediation is unsuccessful, either party may bring proceedings in the courts of Hong Kong in accordance with the governing law clause above.
24. Entire Agreement
These terms, together with any written proposal or agreement that is accepted by both parties, constitute the entire agreement between the parties in relation to the subject matter and supersede all prior negotiations, representations, and agreements, whether written or oral.
No term of an engagement may be varied or waived except by a written document signed by both parties. Any statements or communications made before the acceptance of a proposal that are not reflected in the written agreement have no contractual effect. Each party acknowledges that it does not rely on any statement or representation that is not set out in the written agreement.
25. Severability and Waiver
If any provision of these terms is held to be invalid, illegal, or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Where a provision can be limited rather than severed, the parties will give effect to the provision to the greatest extent permitted by law.
No failure or delay by either party in exercising any right under these terms will operate as a waiver of that right, and no single or partial exercise of a right will prevent any further exercise of that right. A waiver of any provision is effective only if it is made in writing and signed by the party granting the waiver.
26. Assignment
The Company may assign, transfer, or subcontract all or part of its rights and obligations under these terms or under an engagement to a third party, provided that the assignee is capable of performing the obligations and that the assignment does not materially reduce the quality of the Services.
The Client may not assign, transfer, or subcontract its rights or obligations under these terms or under an engagement without the prior written consent of the Company. Any attempt by the Client to assign without consent is void. These terms are binding on the parties and on their permitted successors and assigns.
27. Notices
All notices under these terms or under an engagement will be in writing and will be delivered by email or by hand or by registered post to the address or email address that the receiving party has provided for this purpose. Notices sent by email are deemed received on the next business day after sending, and notices sent by post are deemed received five business days after posting.
The Client should send notices to the Company by email at care@kinshing.buzz or by post to Rm 9 G/F SUN SHING MANSION, 32-42 BONHAM STRAND W, Sheung Wan, Hong Kong (HK). The Company will send notices to the Client at the contact details that the Client has provided. Either party may update its contact details by written notice to the other party.
28. Contact Us
If you have any question about these terms, about the Services, or about an engagement, please contact the Company. You may reach the Company by email at care@kinshing.buzz or by telephone at +15097230411. You may also write to the Company at Rm 9 G/F SUN SHING MANSION, 32-42 BONHAM STRAND W, Sheung Wan, Hong Kong (HK).
The Company will acknowledge every enquiry within a reasonable time and will respond to questions about these terms promptly. This section is provided for your convenience, and contacting the Company does not create any obligation on the Company to provide services unless a written agreement is reached.