Acceptance of Terms
These Terms of Service govern your access to and use of the website located at https://www.pengta.lol and any services provided by Kunming PengTaGuang Trading Co., Ltd., located at Room 812, 8th Floor, Shengdi Building, No. 145 Qingnian Road, Wuhua District, Kunming - 650000, China (CN). Throughout these terms, references to the Company, we, us, or our refer to Kunming PengTaGuang Trading Co., Ltd.
By accessing or using the website, or by engaging us to provide services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these terms, you must not access the website or use our services.
These terms constitute a legally binding agreement between you and the Company. We encourage you to read them carefully and to retain a copy for your records. Your continued use of the website following any changes to these terms constitutes acceptance of the revised terms.
Definitions
For the purposes of these Terms of Service, the following definitions apply:
- Company refers to Kunming PengTaGuang Trading Co., Ltd., the operator of this website and provider of the services described herein.
- Services refers to the computer systems design and related services we offer, including software development, cloud infrastructure, data engineering, and systems integration.
- Website refers to https://www.pengta.lol and all pages, content, and functionality made available through that domain.
- User, you, and your refer to any individual or entity that accesses the website or uses the services.
- Content refers to any text, graphics, code, data, or other materials displayed, transmitted, or made available through the website or the services.
- Agreement refers to these Terms of Service together with the Privacy Policy and any separate written agreement governing a specific engagement.
Eligibility
You must be at least eighteen years of age and have the legal capacity to enter into a binding agreement in order to use the website and our services. By using the website, you represent and warrant that you meet these requirements and that you have the authority to bind any organization on whose behalf you are acting.
If you are using the website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In that case, references to you in these terms refer to the entity on whose behalf you are acting.
We may, in our reasonable discretion, refuse service to, suspend access for, or terminate the account of any user who does not meet these eligibility requirements or who otherwise violates these terms.
Account Responsibilities
Certain features of the website or the services may require you to create an account or to provide contact information. If you create an account, you are responsible for maintaining the confidentiality of any login credentials and for all activity that occurs under your account.
You agree to provide accurate, current, and complete information when creating an account or communicating with us, and to update that information promptly if it changes. You must notify us immediately if you become aware of any unauthorized use of your account or any other breach of security.
We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account, except where such loss or damage arises from our own negligence or willful misconduct.
Services Provided
The Company provides computer systems design and related services within the professional, scientific, and technical services sector. Our work includes systems architecture, custom software development, cloud infrastructure, data engineering and analytics, cybersecurity hardening, DevOps and automation, and systems integration.
The specific scope, deliverables, timelines, and terms of any engagement are set out in a separate written agreement, statement of work, or proposal agreed between you and the Company. In the event of any conflict between these Terms of Service and a signed engagement agreement, the engagement agreement will prevail to the extent of the conflict.
We strive to deliver our services with professionalism and care. However, we do not guarantee that any specific business result, revenue level, or outcome will be achieved as a result of our services, and we disclaim any such guarantee except as expressly set out in a written agreement.
The exact tools, frameworks, and technologies used for any project are selected by our engineers based on the requirements of the engagement, and we reserve the right to use third-party libraries and platforms where doing so improves reliability or reduces risk. We will inform you of any material dependency that affects your ongoing operation of the delivered systems.
User Obligations and Conduct
You agree to use the website and the services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the website by any other party. You are responsible for ensuring that any information you provide to us is accurate and that you have the right to share it.
You agree not to interfere with the proper functioning of the website, including by introducing malware, attempting to gain unauthorized access to our systems, or taking any action that imposes an unreasonable load on our infrastructure. You also agree not to circumvent, disable, or otherwise interfere with any security features of the website.
Where our services involve access to your systems or data, you agree to provide us with the access and information reasonably necessary for us to perform the work, and you confirm that you have the authority to grant such access.
You agree to cooperate reasonably with us during the performance of any services, including by making personnel available for interviews, providing timely access to systems and information, and reviewing deliverables within the timeframes agreed. Delays caused by a lack of cooperation may affect project timelines and, where applicable, fees.
Acceptable Use
You may use the website for your personal and internal business purposes only. You must not use the website or the services to engage in any activity that is unlawful, harmful, fraudulent, deceptive, or that violates the rights of any third party.
Prohibited activities include, without limitation: uploading or transmitting any material that is unlawful, defamatory, obscene, or infringing; attempting to probe, scan, or test the vulnerability of our systems; sending unsolicited communications; and misrepresenting your identity or affiliation.
We reserve the right to investigate any suspected violation of this section and to take such action as we deem appropriate, including suspending or terminating your access and, where necessary, cooperating with law enforcement authorities.
If you encounter content or activity on the website that you believe violates these terms, we encourage you to report it to us so that we can review the matter. We take reports of misuse seriously and will act on them in accordance with our policies and applicable law.
Intellectual Property
All content on the website, including text, graphics, logos, icons, code, and the overall design and layout, is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may view and use this content solely for your personal and internal business purposes.
Except as expressly permitted by these terms or by a separate written agreement, you may not copy, reproduce, modify, distribute, transmit, display, or create derivative works from any content on the website without our prior written consent. Nothing in these terms grants you any right, title, or interest in our intellectual property.
Ownership of any deliverables, software, or other materials created as part of a specific engagement will be addressed in the applicable engagement agreement. Unless otherwise agreed in writing, the Company retains ownership of its pre-existing tools, methodologies, and know-how used in the performance of its services.
Any trademarks, service marks, and logos displayed on the website are the property of the Company or their respective owners. You may not use any of these marks without the prior written permission of the owner, except as permitted by law.
User Content
Where you submit, upload, or otherwise provide content to us through the website or in the course of an engagement, you retain ownership of that content. You grant us a limited, non-exclusive license to use, reproduce, and process your content solely as necessary to provide the services and to respond to your requests.
You represent and warrant that you own or have the necessary rights to any content you provide, and that your content does not infringe the intellectual property, privacy, or other rights of any third party. You are solely responsible for the accuracy, quality, and legality of the content you provide.
We are not obligated to monitor user content, but we reserve the right to remove or refuse to accept any content that violates these terms or that we determine, in our reasonable discretion, is inappropriate or unlawful.
We are not responsible for any loss, corruption, or unavailability of user content, and we recommend that you maintain your own backups of any material you provide. If you believe that content on the website infringes your rights, you may contact us with details of the alleged infringement.
Fees and Payment
The fees for our services, if any, are set out in the applicable proposal, statement of work, or engagement agreement. Where we provide services on a paid basis, payment terms, invoicing schedules, and any applicable taxes will be described in that agreement.
Unless otherwise agreed in writing, invoices are due within the period specified on the invoice. Late payments may be subject to interest or to the suspension of services until payment is received. You are responsible for any taxes applicable to the services you receive, except for taxes based on our income.
Any fees quoted in connection with a project are estimates unless expressly stated to be fixed. We will notify you before incurring any cost that exceeds an agreed budget or that is outside the agreed scope of work.
Any delay or failure by you to provide information, approvals, or payments may result in corresponding delays in the delivery of services. We reserve the right to pause work if invoices remain unpaid beyond their due date, and to charge a reasonable reinstatement fee where work must be restarted.
Confidentiality
In the course of providing services, each party may disclose confidential information to the other. Confidential information includes non-public business, technical, and financial information, whether disclosed orally, in writing, or in any other form, and whether or not it is marked as confidential.
Each party agrees to protect the confidential information of the other using reasonable care, to use such information only for the purpose of performing under these terms or an engagement agreement, and not to disclose it to any third party except as permitted or as required by law.
These obligations do not apply to information that is or becomes publicly known through no fault of the receiving party, that is independently developed without use of the confidential information, or that is rightfully received from a third party without restriction.
The obligations in this section survive the termination of these terms and continue for as long as the relevant information remains confidential. Upon request, each party will return or destroy the confidential information of the other party, except where retention is required by law or by a legitimate record-keeping need.
Disclaimers and Limitations of Liability
The website and the services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including 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 secure, or that any defects will be corrected. We make no representations regarding the accuracy, completeness, or reliability of any content available on the website.
To the maximum extent permitted by applicable law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or related to your use of the website or the services, even if we have been advised of the possibility of such damages. In no event will our aggregate liability exceed the amounts actually paid by you to the Company in the twelve months preceding the event giving rise to the claim.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, 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 related to your use of the website, your violation of these terms, or your infringement of any third-party rights.
We will provide you with prompt notice of any such claim and may, at our option, assume the defense of any matter that is subject to indemnification by you. You agree to cooperate with us in the defense of any such claim.
Termination
These terms remain in effect until terminated by either party. You may stop using the website at any time. We may suspend or terminate your access to the website or the services, in whole or in part, if you breach these terms or if we determine, in our reasonable discretion, that such action is necessary.
Upon termination, your right to access the website and use the services will cease immediately. The provisions of these terms that by their nature should survive termination, including those relating to intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and governing law, will continue to apply.
Termination of these terms does not affect any rights or obligations that have accrued before termination, including any obligation to pay fees for services already delivered. Any provisions that are intended by their nature to survive termination will continue in full force and effect.
Governing Law and Dispute Resolution
These Terms of Service 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, the website, or the services will be subject to the exclusive jurisdiction of the competent courts located in Kunming, China.
Before initiating any formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. If a dispute cannot be resolved through negotiation within a reasonable period, either party may pursue its remedies in accordance with applicable law.
Changes to These Terms
We may modify these Terms of Service from time to time to reflect changes in our practices, services, or legal requirements. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide a more prominent notice on our website.
Your continued use of the website after any changes take effect constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you must stop using the website and the services. We encourage you to review these terms periodically.
Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us using the details below.
Kunming PengTaGuang Trading Co., Ltd.
Room 812, 8th Floor, Shengdi Building, No. 145 Qingnian Road,
Wuhua District, Kunming - 650000, China (CN)
Email: connect@pengta.lol
Phone: +1 940 292 3988
Website: https://www.pengta.lol