These Terms of Service govern your access to and use of the AutumnJade website and the services described on it. The services are developed and operated by the developer AutumnJade on behalf of Qionghai Qiuyufu Trading Co., Ltd., Rm 405, No. 12 Paipai Road, Zhongyuan Town, Qionghai - 571400, China (CN). Please read these terms carefully before you use our website or engage our services.
1. Acceptance of These Terms
By accessing the AutumnJade website, by submitting a contact form, or by engaging us to provide services, you agree to be bound by these Terms of Service. If you are using our services on behalf of an organization, you confirm that you have the authority to bind that organization to these terms.
If you do not agree with any part of these terms, please do not use our website and do not engage our services. Your continued use of the website after we publish a revised version of these terms will constitute acceptance of the changes, subject to the provisions in the section on amendments.
These terms are written in plain language wherever possible, but where a term has a specific legal meaning, the legal meaning governs. Any capitalized terms used in these terms have the meaning given to them in the relevant section.
2. Description of Services
AutumnJade provides professional services in computer systems design and computer integrated systems design. Our work includes system architecture, data architecture, platform engineering, integration of software systems, security design, and managed support services, all as described in detail on our services page.
The exact scope of any engagement is defined in a written proposal or service agreement that is signed by both parties before work begins. That agreement, together with these terms, forms the complete contract between you and us. If there is a conflict between the agreement and these terms, the agreement takes precedence.
We may update the description of our services on our website from time to time. Such updates reflect the capabilities we offer and do not change the scope of a signed agreement unless both parties agree in writing.
3. Eligibility and Accounts
Our services are intended for businesses, public institutions, and professional users. You must be at least 18 years of age to use our website or to enter into an agreement with us. By using our website, you confirm that you meet this requirement.
Where a service involves the creation of an account, you are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify us immediately if you suspect that your credentials have been compromised.
We may suspend or terminate an account if we have reason to believe that it is being used in a way that violates these terms or that threatens the security of our systems or the rights of other users.
4. Your Responsibilities
You agree to provide accurate and complete information when you contact us, when you complete an enquiry form, and during an engagement. You are responsible for obtaining and maintaining the access rights, data, and decisions that are needed for us to perform our work.
You are responsible for ensuring that the data and content you share with us during a project are lawfully obtained and that you have the right to use them. You must not ask us to process personal information in a way that would violate any applicable law.
You also agree to cooperate with our team in a timely manner, to review deliverables promptly, and to raise any concerns within a reasonable time so that issues can be corrected while they are still inexpensive to fix.
5. Acceptable Use of Services
You agree to use our website and services only for lawful purposes and in a manner that does not interfere with the operation of our systems. You must not attempt to gain unauthorized access to any part of our website, our servers, or the accounts of other users.
You must not use our services to transmit malicious software, to send unsolicited messages, or to conduct activities that could damage, disable, or overload our infrastructure. You must not attempt to reverse engineer, decompile, or tamper with the software or systems that we provide.
We may monitor use of our website to protect security and to enforce these terms. If we find that a user has violated this section, we may restrict access and, where appropriate, we may report the activity to the relevant authorities.
6. Intellectual Property Rights
All intellectual property created by us in the course of providing our services, including system designs, architecture documents, source code, configuration, and documentation, belongs to AutumnJade unless a signed agreement states otherwise. This section applies to materials that we develop independently of your confidential information.
Upon full payment for a project, we grant you a non-exclusive, perpetual license to use the deliverables that were produced specifically for you and paid for in full, within your own business operations. You may not resell, redistribute, or sublicense those deliverables to third parties without our written permission.
You retain ownership of your own data, content, and any pre-existing intellectual property that you provide to us. We may use general knowledge and experience gained through projects in future work, provided that we do not disclose your confidential information in the process.
7. Third Party Services and Content
Our projects often involve third party software, platforms, and services, such as cloud providers, database products, and development frameworks. These third parties have their own licenses and terms, and you are responsible for complying with them when you use the systems we deliver.
We make reasonable efforts to select reliable third party components and to inform you of any license obligations that affect your use of them. However, we are not responsible for the availability, performance, or content of third party services, and we do not provide any warranty on their behalf.
Our website may link to third party content for your convenience. Such links do not imply endorsement, and we are not responsible for the accuracy or lawfulness of that content.
8. Fees, Payments, and Taxes
The fees for our services are set out in the proposal or service agreement provided to you before work begins. Unless stated otherwise, fees are quoted in a currency agreed at the time of signing, and invoices are payable within the period stated on the invoice.
You are responsible for any taxes, duties, or levies that apply to the services we provide, other than taxes that are based on our net income. If a tax authority requires us to collect a tax from you, we will show it separately on the relevant invoice.
If a payment is overdue, we may pause work until the outstanding amount is settled. We will always give you reasonable notice before pausing work, and we will resume promptly once payment is received. Late payments may accrue interest at the rate permitted by law.
9. Confidential Information
During an engagement, both parties may share information that is marked as confidential or that should reasonably be understood to be confidential. This includes business plans, technical designs, financial details, and personal data. Both parties agree to use such information only for the purpose of the engagement.
We will protect your confidential information with the same care we use for our own, and we will not disclose it to third parties except where necessary to deliver the services or where the law requires us to do so. Any third party that receives your information on our behalf will be bound by confidentiality commitments.
The obligation of confidentiality does not apply to information that is already public, that is independently developed, that was known before the engagement, or that is lawfully received from a third party without restriction.
10. Availability and Service Levels
Our website is provided on an as available basis. We make reasonable efforts to keep it accessible, but we do not guarantee that it will be available at all times or free from interruption. Scheduled maintenance and unforeseen circumstances may cause temporary unavailability.
For managed care services, the availability commitments, response times, and support procedures are defined in the applicable service agreement. Those commitments take precedence over the general statements in this section.
We will give you as much notice as is practical of any planned maintenance that may affect the systems we operate on your behalf, and we will schedule such maintenance at times that minimize disruption to your operations.
11. Disclaimer of Warranties
To the fullest extent permitted by law, the website and all services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted, error free, or completely secure, or that the results of our services will meet your expectations in every respect. Technology is never perfect, and we ask you to rely on the specific commitments in your signed agreement rather than on implied promises.
Nothing in these terms limits any warranty that cannot be excluded under applicable law. Where a warranty cannot be excluded, our liability under that warranty is limited to the greatest extent permitted by law.
12. Limitation of Liability
To the fullest extent permitted by law, AutumnJade will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or interruption of business, arising out of or in connection with these terms, the website, or our services.
Our total cumulative liability for all claims arising in connection with an engagement, whether in contract, tort, or otherwise, will not exceed the total fees that you paid to us for the specific project or service that gave rise to the claim. Where no fees were paid, our liability is limited to a nominal amount.
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud or for death or personal injury caused by negligence.
13. Indemnification
You agree to indemnify and hold harmless AutumnJade and its team members from and against any claims, damages, losses, and reasonable expenses that arise out of your use of the website, your breach of these terms, or your violation of any law or the rights of a third party.
This includes claims arising from data, content, or materials that you provide to us, provided that such claims are not caused by our own negligence or misconduct. The obligation to indemnify continues after these terms end for any claims that arose while these terms were in effect.
We will give you prompt notice of any claim that falls within this section and will cooperate with you, at your reasonable request, in defending such a claim. You may not settle any claim that involves an admission of fault by us without our prior written consent.
14. Term and Termination
These terms take effect when you first use our website or engage our services, and they continue until they are terminated in accordance with this section. Individual service agreements may specify their own duration and renewal terms.
You may terminate an engagement at any time by written notice, subject to the payment of fees for work completed up to the date of termination and any costs incurred as a result. We may terminate an engagement if you materially breach these terms or the applicable agreement and fail to remedy the breach within a reasonable time.
Upon termination, we will deliver any completed work products that are yours, return or destroy confidential information as you direct, and issue a final invoice for work completed. The sections of these terms that are intended to survive termination, including confidentiality, intellectual property, limitation of liability, and indemnification, will continue to apply.
15. Force Majeure
Neither party will be liable for failure or delay in performing its obligations under these terms when that failure or delay is caused by events beyond its reasonable control. Such events include natural disasters, war, civil unrest, government action, pandemic, power failure, and interruptions in public networks.
A party affected by a force majeure event will notify the other party as soon as reasonably possible and will make reasonable efforts to resume performance when the event ends. Payment obligations for services already delivered are not excused by a force majeure event.
If a force majeure event continues for a prolonged period, either party may terminate the affected engagement on written notice without further liability, other than payment for work completed before the event took effect.
16. Governing Law and Dispute Resolution
These terms and any agreements made under them are governed by the laws of the People Republic of China, without regard to its conflict of law principles. Both parties agree to submit to the exclusive jurisdiction of the courts of Qionghai, Hainan, for the resolution of any dispute.
Before commencing any legal proceeding, both parties will attempt in good faith to resolve the dispute through negotiation and, if needed, through mediation with a neutral mediator agreed by both sides. This requirement does not apply where a party seeks urgent injunctive relief to protect its rights.
If any dispute proceeds to court, the prevailing party may recover its reasonable legal costs and expenses, to the extent permitted by applicable law.
17. Amendments to These Terms
We may amend these terms from time to time to reflect changes in our business, our services, or the law. When we make a material change, we will update the last updated date at the top of this page and, where practical, we will notify you through the website.
Changes become effective when we publish the revised terms, unless we state a later effective date. Your continued use of our website or services after the changes take effect constitutes acceptance of the revised terms.
If you do not agree with a change, you should stop using our website and services. Terms that have been agreed in a signed service agreement are not changed by an amendment to these website terms unless both parties sign a new agreement.
18. Severability, Waiver, and Assignment
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 narrowly as necessary to preserve its intent.
Our failure to enforce a provision at one time does not waive our right to enforce it later. A waiver is effective only if it is made in writing and signed by the waiving party.
You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or reorganization, provided that the assignee assumes the obligations set out in these terms.
19. Contact Information
If you have any questions about these Terms of Service, or if you wish to discuss a project or raise a concern, please contact us. We are always glad to clarify our terms in plain language before you commit to anything.
You can reach the AutumnJade team by email at mail@autumnjade.lat or by telephone at +15809493355. You may also write to us at Qionghai Qiuyufu Trading Co., Ltd., Rm 405, No. 12 Paipai Road, Zhongyuan Town, Qionghai - 571400, China (CN).
We aim to respond to all correspondence within one business day. Thank you for taking the time to understand how we work, and we look forward to helping you build systems that last.