Acceptance of These Terms
These Terms of Service, together with our Privacy Policy and any other documents referenced in them, form a legally binding agreement between you and Kunming Yusha Trading Co., Ltd. By accessing or using our website, or by engaging us to provide services, you agree to be bound by these terms.
If you are using our website or services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not agree with any part of these terms, you must not access the website or use our services.
We may update these terms from time to time, and any changes will be effective when posted on this page. Your continued use of the website or services after changes are posted constitutes acceptance of the revised terms.
Definitions
In these terms, the following words have the meanings set out below. The Company, we, us, and our refer to Kunming Yusha Trading Co., Ltd. You and your refer to the individual or entity accessing the website or receiving our services.
The website refers to the site located at https://www.yusha.lol and any related pages. Services refers to the computer systems design and related services we provide, including systems architecture, cloud infrastructure, data engineering, cybersecurity hardening, systems integration, and managed operations. Content refers to any text, images, code, data, or other material displayed on or transmitted through the website or services.
About the Company
Kunming Yusha Trading Co., Ltd. is a company operating in the computer systems design and related services industry. Our registered office is located at Rm 1216, 12/F, Building 2, Longding Caizhi Center, Jianshe Road, Wuhua District, Kunming, 650000, China (CN).
We design, integrate, and operate computer systems for businesses, providing services that range from initial discovery and architecture to ongoing monitoring and managed operations. Any reference in these terms to services we provide should be understood in the context of this business.
Eligibility
To use our website and services, you must be at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher, and you must have the legal capacity to enter into a binding agreement. By using the website or services, you represent that you meet these requirements.
If you are using the website or services on behalf of an entity, you represent that you are authorized to act on behalf of that entity and to bind it to these terms. We may ask you to provide proof of that authority at any time.
Services Provided
We provide computer systems design and related services, which may include systems architecture, cloud infrastructure design and migration, data engineering and pipeline development, cybersecurity hardening and auditing, systems integration, and managed operations and monitoring. The specific scope of any engagement is set out in a separate agreement or statement of work agreed between you and the Company.
We use reasonable skill and care in delivering our services, but we do not guarantee that any particular business outcome, level of revenue, or performance target will be achieved. Any estimates, timelines, or projections we provide are made in good faith and may be affected by factors beyond our reasonable control.
Depending on the nature of the engagement, our services may be delivered on site, remotely, or through a combination of both. We will agree with you in advance on the delivery method, the schedule of milestones, and the channels of communication. We will keep you informed of progress and will raise any issue that could affect scope, cost, or timing as soon as it becomes known to us.
User Accounts and Responsibilities
Certain features of our website or services may require you to create an account or provide contact information. You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activities that occur under those credentials.
You agree to provide accurate, current, and complete information when creating an account or communicating with us, and to update that information as needed. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not responsible for any loss arising from your failure to protect your account credentials.
Acceptable Use
You agree to use our website and services only for lawful purposes and in a manner consistent with these terms. You agree not to use the website or services to violate any applicable law, infringe the rights of any third party, upload or transmit malicious code, attempt to gain unauthorized access to any system or data, interfere with the operation of the website or services, or engage in any activity that could damage or impair our systems or reputation.
You agree not to scrape, copy, or extract data from the website in a manner that is excessive or that places an unreasonable load on our infrastructure, except where expressly permitted in writing. We reserve the right to suspend or terminate access to the website or services for any user who violates this section.
You agree not to circumvent, disable, or otherwise interfere with any security related features of the website or services, and not to use any automated means, including robots or scripts, to access the website in a manner that sends more request messages to our servers than a human can reasonably produce using a conventional browser. You also agree not to misrepresent your identity or affiliation with any person or entity when contacting us.
Intellectual Property Rights
All content on the website, including text, graphics, logos, icons, and software, is the property of the Company or its licensors and is protected by intellectual property laws. You may view and use the website for your personal or internal business purposes, but you may not copy, reproduce, modify, distribute, or create derivative works from the content without our prior written consent.
Our name, logo, and any trademarks displayed on the website are the property of the Company or their respective owners. Nothing in these terms grants you any right to use those marks except as expressly permitted. In the course of providing services, we may create deliverables for you, and ownership of those deliverables will be addressed in the applicable statement of work.
User Content
You may submit information or content to us through the website, such as messages sent through a contact form or by email. You retain ownership of any content you submit, but you grant us a non-exclusive, royalty-free license to use, store, and process that content for the purpose of responding to your inquiry and providing our services.
You represent that any content you submit is accurate, does not infringe the rights of any third party, and does not contain material that is unlawful, defamatory, or otherwise objectionable. We are not obligated to retain any content you submit and may delete it in the ordinary course of operating our business.
Fees and Payment
The fees for our services are set out in the applicable proposal, statement of work, or invoice. Unless otherwise agreed in writing, fees are payable within the period specified on the relevant invoice, and we may suspend services if payment is not received within that period.
You are responsible for any taxes, duties, or other charges imposed on the services except where we are required by law to collect them. If you believe an invoice is incorrect, you must notify us in writing within the period specified in the invoice so that we can investigate the matter.
Unless otherwise stated, all amounts are quoted and payable in US dollars. We may adjust our standard rates from time to time, but any change will not apply to work already agreed under an existing statement of work. If you require a purchase order number to be shown on an invoice, you must provide it to us before the invoice is issued.
Third Party Services
Our website and services may integrate with or rely on third party products and services, such as hosting providers, cloud platforms, and analytics tools. We do not control those third party services, and we are not responsible for their availability, security, or performance.
Your use of any third party service is subject to the terms and policies of that service provider. Where we recommend or integrate a third party service on your behalf, we do so in good faith but make no warranties regarding that service. Any claims relating to a third party service must be directed to the relevant provider.
Disclaimer of Warranties
To the fullest extent permitted by law, the website and services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. We do not warrant that the website or services will be uninterrupted, error free, secure, or free of defects, or that any defects will be corrected.
We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by applicable law. No advice or information obtained from us, whether oral or written, creates any warranty not expressly stated in these terms.
Limitation of Liability
To the fullest extent permitted by law, the Company and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or relating to your use of the website or services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these terms, whether in contract, tort, or otherwise, shall not exceed the greater of the amount you paid to us for the services giving rise to the claim in the twelve months preceding the event, or one hundred US dollars. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of these limitations may not apply to you.
The limitations and exclusions in this section apply to the maximum extent permitted by law, regardless of the theory of liability, whether based on contract, warranty, tort, negligence, strict liability, or otherwise. The parties acknowledge that the allocation of risk reflected in these terms is an essential element of the bargain between them.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to your use of the website or services, your violation of these terms, or your infringement of the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. This section survives the termination of these terms.
Termination
We may suspend or terminate your access to the website or services at any time, with or without notice, if we reasonably believe you have violated these terms, if we are required to do so by law, or for any other legitimate business reason. You may stop using the website and services at any time.
Upon termination, any rights granted to you under these terms will immediately cease, and you must stop all use of the website and services. Sections that by their nature should survive termination, including those relating to intellectual property, limitation of liability, indemnification, and governing law, shall continue in effect.
Modifications to the Services
We may modify, update, suspend, or discontinue any part of the website or services at any time, with or without notice, in our sole discretion. We will use reasonable efforts to notify you of material changes to services you are actively using, but we are not liable for any modification, suspension, or discontinuance.
We may also update these terms from time to time. When we make material changes, we will update the date at the top of this page and, where appropriate, provide notice through the website. Your continued use of the website or services after changes take effect constitutes acceptance of the updated terms.
Governing Law and Dispute Resolution
These terms are governed by and construed in accordance with the laws of China, without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms or the services shall be subject to the exclusive jurisdiction of the competent courts located in Kunming, China.
Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. If the dispute cannot be resolved through negotiation within a reasonable period, either party may pursue its remedies in accordance with this section.
Severability and Waiver
If any provision of these terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
No waiver of any term of these terms shall be deemed a further or continuing waiver of that term or any other term, and our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.
Entire Agreement
These terms, together with our Privacy Policy and any applicable statement of work, constitute the entire agreement between you and the Company regarding your use of the website and services, and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, relating to that subject matter.
If there is a conflict between these terms and a specific statement of work, the statement of work shall control with respect to the specific services described in it. The failure of either party to exercise any right under these terms shall not be construed as a waiver of that right.
No modification of these terms will be effective unless made in writing and signed by an authorized representative of the Company, except for updates to these terms that we post to this page in accordance with the sections above.
How to Contact Us
If you have any questions or concerns about these terms, or if you need to reach us for any reason, please use the contact details below. We will respond to your inquiry as promptly as possible.
- Company: Kunming Yusha Trading Co., Ltd.
- Address: Rm 1216, 12/F, Building 2, Longding Caizhi Center, Jianshe Road, Wuhua District, Kunming, 650000, China (CN)
- Email: connect@yusha.lol
- Telephone: +16628263948
- Website: https://www.yusha.lol