Terms of Service

1. Acceptance of These Terms

These Terms of Service (referred to as the Terms) govern your access to and use of the website at www.duaocheng.buzz and the services offered by Nanchong Du Ao Chen E-commerce Co., Ltd. (referred to as the Company, we, us, or our). By visiting our website, submitting an enquiry, or entering into an agreement with us, you accept these Terms and agree to be bound by them.

If you do not accept these Terms, you should not use our website or our services. These Terms apply alongside any separate written agreement that you sign with us, and where a signed agreement exists, the signed agreement takes precedence in the event of any conflict with these Terms. We may ask you to confirm your acceptance of these Terms at various points during our relationship, and your continued use of the website after any revision of these Terms will also be treated as acceptance of the revised version.

2. The Company and Its Services

The Company provides computer systems design and related services, including computer integrated systems design, as described on the Services page of this website. Our work includes designing platform architecture, engineering integrations between software systems, migrating data and workloads, and operating and maintaining systems after they go live.

The services described on this website are developed and operated by the developer DuAoCheng on behalf of the Company. We reserve the right to improve, expand, or discontinue any of our services at our discretion, and we will give reasonable notice to active clients before a service that they depend on is changed or withdrawn.

Descriptions of services on our website are intended to be general and informative rather than exhaustive. The precise scope of any engagement will be set out in a written proposal or contract, and that document, not the marketing description, will govern the work that we perform. If there is any doubt about whether a service is included in your engagement, please ask us before work begins.

3. Use of the Website

You agree to use our website for lawful purposes only. You must not attempt to gain unauthorised access to any part of the website, to our servers, or to the systems of other users. You must not use the website in a way that could damage, disable, overburden, or impair the site, and you must not interfere with the use of the site by any other person.

You must not introduce malicious software such as viruses, worms, or other harmful code into the website, and you must not attempt to probe, scan, or test the vulnerability of the site or its supporting infrastructure without our written permission. If you provide content to us through the website, you confirm that the content is accurate, complete, and yours to share, and that it does not infringe the rights of any third party.

We may suspend access to the website at any time for maintenance, security, or operational reasons, and we will try to give notice where it is practical to do so. We may also take any action that we reasonably believe is necessary to protect the integrity and security of the website and of the people who use it.

4. Eligibility

By using our website and services, you confirm that you have the legal capacity to enter into binding agreements. If you are using our services on behalf of a company, organisation, or other legal entity, you confirm that you have the authority to bind that entity to these Terms.

Individuals who are under the age of sixteen must not provide personal information to us, and children may only use our website under the supervision of a parent or guardian. We may refuse to provide services to any person or organisation for legitimate business reasons, including concerns about solvency, conflicts of interest, or a history of conduct that is inconsistent with the professional standards that we maintain.

Where we refuse a request for services, we will tell you the reason where it is lawful and appropriate to do so. Refusing one request does not prevent you from making another request in the future, and we will treat every enquiry on its own merits.

5. Client Obligations

You agree to provide accurate and complete information when you enquire about our services and throughout the course of a project. You are responsible for providing the access, information, and decisions that we reasonably need in order to deliver the agreed services on time.

This includes appointing a point of contact, responding to our questions within a reasonable time, providing feedback on deliverables, and giving us the necessary access to your systems and data where a project requires it. Delays in providing these inputs may extend the project timeline, and we will not be responsible for delays that are caused by missing information or late decisions on your side.

You agree to use our deliverables in accordance with the licence granted under these Terms, and you must not misuse any systems or data that you receive from us. You are also responsible for complying with the laws that apply to your own business, including any obligations you have to your own customers in relation to their data.

6. Project Scope and Change Management

Every project begins with a written scope that defines the services, deliverables, timelines, and fees. The scope is the foundation of the agreement, and we will not silently exceed it. If you request work that falls outside the agreed scope, we will prepare a change order that describes the additional work and its cost, and we will begin the work only after you approve it.

Changes to a project may affect the schedule as well as the price, and both will be adjusted fairly in the change order so that you can decide whether to proceed. We encourage you to review scope documents carefully before you approve them, because they govern the expectations of both sides for the duration of the project.

If we identify work that we believe is outside the agreed scope during delivery, we will raise it with you promptly rather than proceeding without approval, so that there are never hidden costs or surprise changes at the end of a project. Small administrative adjustments that do not affect the outcome are handled within the existing scope.

7. Fees and Payment Terms

Fees for our services are set out in the proposal, quotation, or contract that we provide for each engagement. Unless stated otherwise, fees are stated in the currency agreed in the contract and are exclusive of any applicable taxes, which you will pay in addition. You are responsible for any bank charges or conversion fees associated with the payment method you choose.

We may require a deposit before work begins, and the balance is payable according to the payment schedule set out in the contract. Invoices are payable within the period stated on the invoice, which is typically thirty days from the date of issue. If a payment is late, we may suspend work until the outstanding amount is paid, and we may apply a reasonable late fee in line with applicable law.

All fees are non-refundable once the corresponding work has been performed, except as required by law or as agreed in writing. If a project is cancelled partway through, you will pay for the work completed up to the cancellation date and for any non-recoverable costs already incurred.

8. Intellectual Property Rights

As between you and us, we own all intellectual property rights in the tools, methods, frameworks, processes, and software that we create in the course of delivering our services, including any code, documentation, and design assets that embody our professional practice.

We grant you a non-exclusive, non-transferable, perpetual licence to use the deliverables of a project for the purpose for which they were created. The licence does not allow you to resell, redistribute, or sublicense the deliverables to third parties, nor to use them in a way that competes with our business. Where a deliverable incorporates third-party components, the licence terms of those components also apply, and you agree to comply with them.

You may request that we assign full ownership of a deliverable to you, but we will do so only where this is agreed in writing in advance and where the appropriate fee has been agreed. Nothing in these Terms transfers to us any rights that you own in your own content, trademarks, or materials, and nothing in these Terms gives you rights in our name, logo, or brand beyond the limited permission to use a deliverable.

9. Client Materials and Data

You retain ownership of all materials and data that you provide to us in connection with a project, including your business records, customer data, internal documents, and any other content that you share with us. You grant us a limited licence to use these materials for the purpose of delivering the services, including hosting, copying, and processing them as required by the project.

You confirm that you have the right to provide us with these materials and that their use by us for the project does not infringe the rights of any third party or violate any applicable law. We will handle client data in accordance with our Privacy Policy and with any data processing terms agreed in the contract.

We will not use your materials for any purpose other than the services, and we will not sell or share them with third parties except as described in our Privacy Policy or as required by law. On completion of the project, and at your request, we will return or securely delete the materials that we hold, subject to our legal record-keeping obligations.

10. Confidentiality

Both parties may receive confidential information from the other during the course of a project. Confidential information includes technical specifications, business plans, financial terms, customer lists, source code, and any other information that is marked as confidential or that a reasonable person would understand to be confidential.

Each party agrees to use the confidential information of the other party only for the purpose of the project and to protect it with the same care that it applies to its own confidential information, and no less than a reasonable standard of care. The obligation of confidentiality continues for three years after the project ends.

The obligation does not apply to information that becomes public through no fault of the receiving party, information that was already lawfully known to the receiving party before disclosure, information that is independently developed by the receiving party, or information that the receiving party is required to disclose by law, provided that the receiving party gives notice of the disclosure where lawful.

11. Warranties and Disclaimers

We warrant that we will perform our services with reasonable skill and care, and that the deliverables will substantially conform to the agreed scope. This warranty lasts for a period of ninety days after the acceptance of each deliverable, and our sole obligation under this warranty is to correct non-conforming work at our own cost within a reasonable time.

Except for the warranty set out above and to the maximum extent permitted by law, we provide our website and services on an as is and as available basis, without any warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error free, or free from defects, and we do not warrant that any system that we operate will be immune from the effects of failures in components or networks that we do not control. Some jurisdictions do not allow the exclusion of implied warranties, and in those jurisdictions some of these limitations may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or interruption of business, arising out of or in connection with these Terms or the services.

The total liability of each party under these Terms will not exceed the total fees paid or payable by you to us under the relevant contract during the twelve months preceding the event that gives rise to the liability. This cap applies whether the claim is brought in contract, tort, negligence, or otherwise, and it applies even if a party has been advised of the possibility of such damages.

Nothing in these Terms limits either party liability for fraud, for death or personal injury caused by negligence, or for any other liability that cannot be limited by law. Because we operate critical business systems, we encourage you to maintain your own backups and appropriate insurance, and we will give you honest advice about the risks that remain within your control.

13. Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, and contractors from and against any claims, losses, damages, liabilities, and reasonable legal costs that arise out of your breach of these Terms, your misuse of the services, or your violation of any law or the rights of a third party.

This indemnity extends to claims that arise from the content or data that you provide to us, including claims that such content or data infringes the intellectual property rights of a third party, is defamatory, or otherwise violates applicable law. The Company will give you prompt notice of any claim covered by this indemnity and will cooperate with you, at your expense, in defending the claim.

You may not settle any claim covered by this indemnity in a way that imposes an obligation on the Company or admits fault on its behalf without our prior written consent. This indemnification obligation survives the termination of these Terms.

14. Term and Termination

These Terms apply from the first day that you use our website or engage our services, and they continue until they are terminated in accordance with this section. Either party may terminate a project agreement by giving the notice required under that agreement, or after the completion of all work and payment of all fees.

We may suspend or terminate your access to our website or services if you breach these Terms and the breach is not remedied within a reasonable time after notice, or immediately if the breach is serious or repeated. Serious breaches include non-payment, misuse of confidential information, and attempts to damage our systems.

On termination, you remain liable for any fees that are due for work already performed, and we will return or destroy client materials at your instruction, subject to our record-keeping obligations. The provisions of these Terms that are intended to survive termination, including those relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law, will continue to apply.

15. Third-Party Services

Our services may rely on or integrate with products, platforms, and services that are provided by third parties, such as cloud hosting providers, payment gateways, and software vendors. We are not responsible for the operation, availability, or performance of third-party services, and we do not warrant them in any way.

Where you license a third-party service directly, your use of that service is governed by the terms of the provider. Where we act as your agent to procure a third-party service, we will pass the relevant terms to you before you use it, and you agree to comply with the acceptable use policies and technical requirements of any third-party service used in connection with your project.

Changes that a third party makes to its products, pricing, or terms may affect your project, and we will tell you as soon as we become aware of a significant change. We will not be liable for losses that result from the conduct of a third-party provider, but we will help you resolve issues with a provider where it is within our power to do so.

16. Governing Law and Disputes

These Terms are governed by the laws of the People Republic of China, without regard to its conflict of law principles. The parties will make reasonable efforts to resolve any dispute that arises out of or in connection with these Terms through good-faith negotiation before resorting to formal proceedings.

If a dispute cannot be resolved through negotiation within thirty days, either party may refer the dispute to the courts of competent jurisdiction located in Nanchong, Sichuan Province, China, and the parties consent to the jurisdiction of those courts. Both parties waive any objection to the venue of those courts on the grounds of forum non conveniens.

Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction in order to protect its intellectual property rights or confidential information. In such urgent matters, either party may apply for interim relief without first engaging in negotiation.

17. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms if the failure or delay results from a cause beyond its reasonable control. Such causes include natural disasters, fires, floods, earthquakes, epidemics, pandemics, acts of government, war, civil unrest, labour disputes, power failures, Internet outages, and failures of third-party networks or equipment.

The affected party will notify the other party as soon as reasonably possible and will use reasonable efforts to resume performance as quickly as the circumstances allow. Both parties will cooperate to minimise the impact of the event on the project.

If a force majeure event continues for more than thirty days, either party may terminate the affected agreement without liability, and any fees for work that was completed before termination will remain payable. This section does not excuse any obligation to pay fees for work already performed.

18. Entire Agreement and Amendments

These Terms, together with any signed agreement, proposal, change order, and the Privacy Policy, constitute the entire agreement between you and the Company in relation to the services, and they supersede all prior discussions, representations, and agreements, whether written or oral.

We may amend these Terms from time to time by posting a revised version on this page, and the revised version will apply to all use of our website and services from the date on which it is posted. Where an amendment materially affects an ongoing project, we will give you reasonable notice of the change.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be interpreted as closely as possible to the original intention. Our failure to enforce a provision on one occasion is not a waiver of our right to enforce it later. You may not assign your rights under these Terms without our written consent, and we may assign our rights to a successor in the context of a merger, acquisition, or reorganisation.

19. Contact Information

If you have any questions about these Terms, you can reach us by email at connect@duaocheng.buzz or by telephone at +16298888655.

You may also write to us at Rm 3, 3/F, Building 9, Phase 2, Shanghai Tan Garden, Shunqing District, Nanchong – 637000, China (CN). We will respond to enquiries about these Terms within a reasonable time. When you contact us, please describe your question clearly so that we can help you efficiently.