Last Updated: March 2024
These Terms of Service constitute a legally binding agreement between you and Shaanxi Yujinhaohai Network Technology Co., Ltd., operating as YJHH Network. By accessing our website at www.yjhh.surf or engaging our professional computer systems design and technical services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our website or services.
YJHH Network provides professional computer systems design and related technical services, including but not limited to computer integrated systems design, system architecture planning, technical consulting, software development, cloud services, cybersecurity solutions, and IT infrastructure management. Our services are provided to businesses and organizations within the Professional, Scientific, and Technical Services sector. All services are subject to availability and may be modified, suspended, or discontinued at our discretion with appropriate notice to affected clients.
Our services are intended for business and professional use only. By using our services, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into binding contracts, are authorized to represent the business or organization on whose behalf you are engaging our services, and will comply with all applicable laws and regulations in your use of our services. We reserve the right to refuse service to anyone at our sole discretion.
When you engage our services, a separate service agreement or statement of work may be executed that will govern the specific terms of that engagement. These Terms of Service apply to all service engagements unless explicitly superseded by a written agreement. Service proposals and quotations are valid for 30 days unless otherwise specified. Acceptance of our services constitutes agreement to the proposed scope, timeline, and pricing. Changes to the scope of work must be agreed upon in writing and may result in adjustments to pricing and timelines.
Fees for our services will be specified in service agreements, proposals, or quotations. Unless otherwise agreed, payment terms are net 30 days from the invoice date. We accept payment via bank transfer, corporate check, or other mutually agreed methods. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue balances. All fees are exclusive of applicable taxes, which are the responsibility of the client. Refunds are provided only as specified in individual service agreements or as required by applicable law.
All intellectual property rights in our website, services, methodologies, tools, and proprietary technologies remain the exclusive property of YJHH Network. Custom work products created specifically for clients under service agreements will be governed by the intellectual property provisions in those agreements. Unless otherwise specified in writing, clients receive a license to use deliverables for their internal business purposes. We retain the right to use general knowledge, skills, and experience gained during service delivery. Clients grant us permission to use their company name and a general description of services provided as a reference, unless confidentiality agreements prohibit such disclosure.
Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the course of our business relationship. Confidential information includes technical data, business strategies, financial information, customer data, and any information marked as confidential. We implement reasonable security measures to protect client information and restrict access to authorized personnel only. Confidential information may be disclosed if required by law, court order, or regulatory authority, with prior notice to the disclosing party when legally permissible. Our confidentiality obligations survive the termination of our business relationship.
We process personal data in accordance with our Privacy Policy and applicable data protection laws. By using our services, you consent to such processing and warrant that all data you provide is accurate and lawfully obtained. Clients are responsible for ensuring they have appropriate rights and consents to share data with us for service delivery. We implement appropriate technical and organizational measures to protect data security. Data processing terms may be further specified in data processing agreements or addendums as required by applicable regulations.
Clients agree to provide timely access to necessary information, systems, and personnel required for service delivery. You are responsible for maintaining the security of your account credentials and systems. Clients must promptly notify us of any unauthorized access or security breaches. You agree to use our services only for lawful purposes and in compliance with all applicable laws and regulations. Clients are responsible for backing up their own data and systems. Failure to fulfill client responsibilities may impact our ability to deliver services and may result in delays or additional charges.
We warrant that services will be performed with reasonable skill and care consistent with industry standards. Our website and services are provided on an as-is and as-available basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that our services will be uninterrupted, error-free, or completely secure. We are not responsible for delays or failures resulting from circumstances beyond our reasonable control. Any reliance on information or services provided is at your own risk.
To the maximum extent permitted by law, YJHH Network and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising from or related to these terms or our services. Our total liability for any claims arising from or related to our services shall not exceed the fees paid by the client for the specific services giving rise to the claim in the 12 months preceding the claim. Some jurisdictions do not allow limitation of liability for certain types of damages, so these limitations may not apply to you. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.
You agree to indemnify, defend, and hold harmless YJHH Network and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys fees, arising from your use of our services, violation of these terms, infringement of any intellectual property or other rights, or any harmful or unlawful conduct. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
These Terms of Service remain in effect while you use our website or services. Either party may terminate a service engagement as specified in the applicable service agreement. We reserve the right to suspend or terminate access to our services immediately if you breach these terms, engage in fraudulent or illegal activities, or for any other reason at our sole discretion. Upon termination, you must cease all use of our services and return or destroy any confidential information. Provisions regarding intellectual property, confidentiality, limitation of liability, and indemnification survive termination.
We reserve the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated terms on our website with a new effective date. Your continued use of our services after such changes constitutes acceptance of the modified terms. If you do not agree to the modified terms, you must discontinue use of our services. Changes to terms in existing service agreements require mutual written consent.
These Terms of Service are governed by the laws of the People's Republic of China. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts in Xi'an, Shaanxi Province, China. Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, disputes may be submitted to mediation or arbitration as mutually agreed. Nothing in this section prevents either party from seeking injunctive relief in court to protect intellectual property rights or confidential information.
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, or failures of third-party services or infrastructure. The affected party must promptly notify the other party and make reasonable efforts to resume performance. If force majeure conditions persist for more than 60 days, either party may terminate the affected service agreement without liability.
These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and YJHH Network regarding the use of our services. These terms supersede all prior agreements, understandings, and communications, whether written or oral. Any conflicting terms in purchase orders or other client documents are rejected unless explicitly agreed to in writing by an authorized representative of YJHH Network.
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable while preserving the original intent.
Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
You may not assign or transfer these terms or any rights or obligations hereunder without our prior written consent. We may assign these terms or any rights or obligations to any affiliate or in connection with a merger, acquisition, or sale of assets, with notice to affected clients.
For questions regarding these Terms of Service, please contact us at: YJHH Network, Shaanxi Yujinhaohai Network Technology Co., Ltd., Room 10102, Unit 3, Building 4, Mobile Family Compound, Fengcheng 4th Road, Economic and Technological Development Zone, Xi'an, Shaanxi 710000, China. Email: contact@yjhh.surf, Phone: +86 153-6336-3561, Website: www.yjhh.surf.