These Terms of Service govern your use of the FUNSHUN website and the computer systems design services that we provide. Please read this document carefully before you use our website or place an order with us. If you do not agree with any part of these terms, you should not use our website or our services.
These Terms of Service form a binding agreement between you and LANKE XUNTONG ElECTRONIC (HK) LIMITED, a company with its office at Rm 745 7/F STAR HSE, 3 SALISBURY RD, Tsim Sha Tsui, Hong Kong (HK). By accessing our website or by engaging our services, you accept these terms in full. The services described on this website are developed and operated by the developer LankXun on behalf of the company named above.
If you do not agree with any part of these terms, you should stop using our website and you should not place an order with us. We may update these terms from time to time, and the version in force at the time you place an order will govern that order. We publish the current version of these terms on this page, and we encourage you to review them before every engagement.
Our company provides computer systems design and computer integrated systems design services. This work includes the analysis of your requirements, the design of system architectures, the integration of hardware and software, the configuration of networks, the deployment of control and automation systems, and ongoing maintenance and support. A detailed description of the specific work, the deliverables, and the schedule is set out in the proposal or statement of work that we provide for each engagement.
Unless we agree otherwise in writing, the services are performed remotely or at the site identified in the proposal. We may adjust the scope of services only by written agreement between both parties, and any change to the scope will be documented in a revised proposal or a change order. The services do not include the supply of third party hardware or software unless the proposal expressly states that we will procure them on your behalf.
You must be at least 18 years old to enter into an agreement with us. If you use our services on behalf of a company or other organization, you confirm that you have the authority to bind that organization to these terms. We may refuse to provide services to any person or organization that does not meet our eligibility requirements or that presents a legal or commercial risk to our operations.
By placing an order, you confirm that the information that you provide about yourself or your organization is true, complete, and current. We rely on that information to design systems that match your needs, and we will not be responsible for any error that results from incomplete or inaccurate information that you provide to us at the point of order.
Some of our services may require you to create an account on our client portal. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately if you suspect that your account has been used without your permission, so that we can take protective action without delay.
We may suspend or close an account if we believe that it has been used in a way that breaches these terms or that places other clients at risk. Registration details must be kept accurate and current, and you should update them whenever they change. We will not be liable for any loss that results from your failure to protect your credentials or to keep your registration details up to date.
You agree to use our website and our services only for lawful purposes. You must not attempt to gain unauthorized access to our systems, to disrupt the operation of our website, or to interfere with the systems of other users. You must not use our services to store or transmit unlawful content, malicious software, or material that infringes the rights of a third party.
You must not resell, redistribute, or sublicense our services without our prior written consent, and you must not reverse engineer, decompile, or attempt to extract the source code of our proprietary software. We may suspend your access without notice if we reasonably believe that your use of our services creates a legal, security, or operational risk to us or to any of our other clients.
We and our licensors own all intellectual property in the tools, methods, documentation, and software that we create or use to deliver our services. Upon full payment of the agreed fees, you receive a license to use the deliverables for your own business purposes only. This license does not transfer ownership of the deliverables, and it does not allow you to resell or distribute our work to third parties.
You retain ownership of the data and materials that you provide to us for a project. Where deliverables include third party software, your use of that software is governed by the license of the third party that owns it. We will not knowingly include open source components in a way that conflicts with your rights, and we will identify any such components in the project documentation.
You are responsible for providing accurate requirements, timely access to your sites and systems, and all of the information that we need to complete the work. You agree to designate a single contact person who can make decisions and provide approvals during the project. You are responsible for backing up your own data before we perform any work on your systems, and for maintaining that backup at an appropriate frequency throughout the project.
You agree to obtain any consents that are needed for us to access third party systems that form part of the project, and you agree to keep those consents valid for the duration of the work. Delays that are caused by missing information or delayed approvals may extend the schedule, and we will not be responsible for delays that result from your failure to meet your responsibilities. We will always flag missing inputs to you in writing as soon as we identify them.
Fees for our services are set out in the proposal or statement of work that we provide before work begins. Unless we agree otherwise in writing, we invoice at agreed milestones and payment is due within 14 days of the invoice date. Late payments may accrue interest at the rate allowed by applicable law, and we may suspend work on an account where an invoice remains unpaid beyond the due date.
All fees are exclusive of taxes, and you are responsible for any applicable taxes that are levied on the services. Where a project is cancelled after work has begun, you will pay for all work that has been completed up to the date of cancellation, together with any reasonable costs that we have incurred on your behalf. No deliverable is licensed or transferred to you until the related fees have been paid in full.
We deliver work against the milestones and the schedule that are agreed in the statement of work. Upon each delivery, you have a review period of 10 business days to test the deliverables against the agreed acceptance criteria. If you do not raise an issue within the review period, the deliverables are deemed to be accepted by you. If you identify an issue that does not meet the agreed criteria, we will fix it at no additional charge.
We will use reasonable efforts to meet the agreed schedule, but we are not liable for delays that are caused by events outside our control, such as failures of third party suppliers, natural events, or changes to your requirements. Time for delivery does not become of the essence unless we agree to that in writing.
We warrant that the services will be performed in a professional manner consistent with the standards of the industry, and that the deliverables will conform to the written specification that you have approved. This warranty lasts for 90 days from the date of delivery. Our liability under this warranty is limited to re-performing the work or, at our option, refunding the fees that were paid for the non conforming portion.
To the maximum extent permitted by law, our website and our services are provided as is, without any other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. We do not warrant that the website will be free of errors, and we do not warrant that the services will meet requirements that you did not disclose to us before we began the work.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or loss of business opportunity. Our total liability to you for all claims that arise out of or relate to these terms, whether in contract, in tort, or otherwise, will not exceed the total fees that you have paid for the specific services giving rise to the claim.
Nothing in these terms excludes or limits liability for fraud, for death or personal injury that is caused by negligence, or for any liability that cannot be limited or excluded under applicable law. Where the law of your jurisdiction imposes a different cap on liability, that cap will apply to the extent that it is more favorable to you.
You agree to indemnify and hold harmless the company, its officers, employees, and contractors from and against any claims, damages, and reasonable expenses that arise out of your breach of these terms, your misuse of our services, or your infringement of the rights of a third party. This indemnification applies to all claims that are made against us as a result of your actions or your omissions.
We will notify you promptly of any claim that falls within this indemnity, we will allow you to control the defense of that claim, and we will cooperate in the defense at your reasonable expense. This indemnification survives the end of your agreement with us. It does not apply to claims that arise from our own negligence or our own willful misconduct.
Each party agrees to keep confidential any non public information that it receives from the other party, where that information is marked confidential or is reasonably understood to be confidential by its nature. Confidential information includes project specifications, system designs, source code, business plans, pricing details, and personal data that is processed under the agreement.
We will use your confidential information only to deliver the services, and you may use our confidential information only to evaluate and receive the services. This duty does not apply to information that is already public, that is independently developed, that is lawfully received from a third party, or that is required to be disclosed by law. On request, each party will return or destroy the confidential information of the other party.
These terms take effect when you first use our website or place an order with us, and they continue until the end of the last active engagement, unless they are terminated earlier in accordance with this section. Either party may terminate an engagement for material breach of the agreement if the breach is not cured within 30 days of receiving written notice of the breach.
Either party may terminate an engagement immediately if the other party becomes insolvent or is unable to pay its debts as they fall due. Upon termination, you must pay for all work that has been completed up to the date of termination. The sections of these terms that by their nature should survive, including limitation of liability, confidentiality, and indemnification, will survive the termination of the agreement.
We may update, modify, or discontinue features of our website from time to time as our business evolves. We will give you reasonable notice before we discontinue a service that you actively use, where we are able to do so. Changes that improve the security, the stability, or the compliance of our services may be applied with less notice, because we will not delay a change that protects your data.
We will not remove or degrade functionality that you have paid for without making a corresponding adjustment to the fees that you pay. We may update these terms from time to time, and we will publish the current version on this page. Your continued use of our website after an update means that you accept the updated terms, subject to any rights that you hold under the version in force at the time of your order.
Our website and our designs may reference or use third party services, such as cloud platforms, hardware vendors, and software providers. We are not responsible for the availability, the performance, or the security of third party services, and the terms and policies of the third party will apply to your use of their services. We do not guarantee that third party services will remain available or that their pricing will remain unchanged.
Where we integrate a third party service into a project, we will identify that service in the proposal so that you can review its terms before we proceed. You agree to comply with the terms of any third party service that forms part of your project, and you agree that we will not be liable for any loss that results from the failure of a third party service.
These terms are governed by the laws of the Hong Kong Special Administrative Region, and any dispute that arises out of or in connection with these terms will be subject to the exclusive jurisdiction of the courts of Hong Kong. We will first attempt to resolve any dispute through good faith discussions between the parties, so that we can reach a practical outcome without unnecessary cost or delay.
If a dispute cannot be resolved through good faith discussions within 30 days, either party may proceed to mediation or to the courts as described above. You agree that any claim that you bring against us must be commenced within one year of the event that gives rise to the claim, unless a longer period is required by law. This section applies to the fullest extent permitted by law.
These terms, together with the proposal or statement of work for each engagement, constitute the entire agreement between you and us, and they supersede all prior discussions, negotiations, and agreements between the parties. If any provision of these terms is found to be invalid or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue in full force.
No waiver of any term is effective unless it is in writing and signed by the party against whom the waiver is asserted. A failure to enforce a right on one occasion does not mean that the right is waived on any other occasion. The headings in these terms are included for convenience only and they do not affect the interpretation of the provisions to which they relate.
If you have any questions about these terms, please contact us by email at info@funshun.lol or by phone at +19308003294. Our offices are located at LANKE XUNTONG ElECTRONIC (HK) LIMITED, Rm 745 7/F STAR HSE, 3 SALISBURY RD, Tsim Sha Tsui, Hong Kong (HK). The services described on this website are developed and operated by the developer LankXun.
We will respond to your questions within five business days of receiving them. You may also use the contact form on our website to reach us, and we will treat any message that you send through that form with the same care as any other enquiry. We thank you for taking the time to read these terms.