Introduction and Acceptance
These Terms of Service form a binding agreement between you and Plum Glow. By accessing or using our website, or by engaging us to provide 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 our services.
These terms apply together with our Privacy Policy, which describes how we handle personal information. We recommend that you read both documents before proceeding. If there is any conflict between these terms and a separate written agreement that we sign with you for a specific project, the signed agreement will control to the extent of that conflict.
Definitions
In these terms, the following words have the meanings set out here. The terms we, us and our refer to Plum Glow and its operating entity. The terms you and your refer to the individual or organisation using our website or services. The term services refers to the computer systems design, integration and related services described on our website, together with any custom work agreed in writing. The term content refers to any text, images, code, designs or other materials provided through the website or the services. Where other capitalised terms are used in a written agreement we sign with you, those terms carry the meanings given in that agreement.
The Services
Plum Glow provides systems design, systems integration and managed operations services within the Computer Systems Design and Related Services sector. The specific scope, deliverables, timeline and fees for any engagement will be set out in a written proposal or statement of work agreed between us before work begins.
We may describe our services in general terms on this website for informational purposes. Those descriptions are not an offer to provide services and do not create a binding obligation. We may change, add to or discontinue parts of our website at any time without notice, although we will always honour the commitments set out in any signed agreement.
Because every organisation is different, we tailor each engagement to the systems you already run and the outcomes you need. The first step of any engagement is therefore a discovery conversation in which we understand your environment before proposing a scope of work. No project begins until we have agreed in writing on what will be delivered, when it will be delivered, and what it will cost.
Eligibility
You must be at least eighteen years of age, or the age of majority in your jurisdiction, to use our website and to enter into agreements with us. By using our website, you confirm that you meet these requirements. If you are using the website on behalf of an organisation, you confirm that you have the authority to bind that organisation to these terms.
We provide our services on a business to business basis. If you are a consumer using our website for personal purposes, your local laws may grant you additional rights, and nothing in these terms is intended to limit any right that cannot be excluded under those laws.
Accounts and Responsibilities
Where we provide you with access to any project portal, repository or similar account, you are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to notify us promptly if you become aware of any unauthorised use of your account or any other breach of security.
You are responsible for ensuring that the information you provide to us, including contact details and project materials, is accurate and up to date. You are also responsible for ensuring that you have the rights to provide us with any materials you share in connection with a project.
Acceptable Use
You agree to use our website and services only for lawful purposes. You must not attempt to gain unauthorised access to our systems, introduce malicious code, interfere with the operation of the website, or use the website in any way that could damage, disable or overburden it.
You must not use our website to transmit any material that is unlawful, defamatory, obscene or infringing of the rights of others. We reserve the right to suspend or terminate access for anyone who violates these acceptable use requirements.
We may monitor use of our website and services as necessary to detect and prevent security incidents, fraud and other misuse, and to ensure that the services operate reliably for all users. Any monitoring we carry out is performed in accordance with our Privacy Policy and applicable law.
Intellectual Property
All content on this website, including text, graphics, logos, designs and code, is owned by Plum Glow or its licensors and is protected by applicable intellectual property laws. You may view and use the website for your personal and internal business purposes, but you may not reproduce, distribute or create derivative works from our content without our prior written consent.
With respect to project deliverables, ownership of any work product will be set out in the written agreement for that project. Unless otherwise agreed, we retain ownership of any pre-existing tools, frameworks and methodologies that we use in delivering services, and we grant you a licence to use them as needed to enjoy the deliverables.
If you submit feedback, suggestions or ideas to us about the website or our services, you agree that we may use that feedback without any obligation to compensate you, and without any restriction. This helps us improve our services without being bound by uncertainty over ownership of informal suggestions.
Fees and Payment
The fees for our services will be set out in the relevant proposal or statement of work. Unless a different schedule is agreed, fees are invoiced according to the milestones described in that document, and payment is due within the period stated on each invoice. Late payments may be subject to interest or to suspension of work as set out in the agreement.
Any taxes, duties or other charges imposed on the services will be added to the fees where required by law. You are responsible for providing accurate billing information and for payment of all amounts when due.
If you believe an invoice is incorrect, please contact us within fourteen days of receiving it so that we can investigate and, where appropriate, issue a correction. Unpaid amounts may result in the suspension of services after reasonable notice. Our fees are non refundable except as expressly stated in the written agreement for your engagement.
Service Levels and Support
Where a project includes ongoing support or managed operations, the applicable service levels, response times and support hours will be described in the written agreement for that engagement. We will use commercially reasonable efforts to meet those service levels, subject to events outside our reasonable control.
We may need to schedule planned maintenance from time to time. Where possible, we will provide advance notice of any maintenance that is reasonably expected to affect the availability of the services.
Support requests are handled in priority order according to the plan described in your agreement. Critical issues that affect the availability or security of your systems are always treated as our highest priority, and we will keep you informed of progress until the issue is resolved to your satisfaction.
Warranties and Representations
You represent and warrant that you have the right and authority to enter into these terms and, where applicable, to bind the organisation you represent. You further warrant that any materials, data or content you provide to us in connection with a project are owned by you or that you hold all necessary licences and permissions to share them with us.
We represent that we will perform our services with reasonable skill and care and in accordance with the written agreement governing the engagement. Apart from the warranties set out in that agreement, we make no other warranties in relation to the services or the website.
Third Party Services
Our services may integrate with or rely on third party platforms, applications and services that are not operated by us. We are not responsible for the availability, performance or security of those third party services, and your use of them is subject to the terms of their respective providers.
If a third party service is required to deliver your project, you are responsible for maintaining your own subscriptions and credentials for that service unless we have agreed in writing to manage them on your behalf.
Disclaimers and Limitations of Liability
Our website and the information on it are provided on an as is and as available basis, without warranties of any kind, whether express or implied. We do not guarantee that the website will be uninterrupted, error free or free of harmful components.
To the fullest extent permitted by law, Plum Glow will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the website or services, even if we have been advised of the possibility of such damages. Our total liability under any signed agreement will be limited as set out in that agreement, or, where no amount is specified, to the amount you paid for the services giving rise to the claim in the twelve months before the claim arose.
Force Majeure
Neither party will be liable for any failure or delay in performing its obligations where that failure or delay results from events outside its reasonable control. Such events may include natural disasters, acts of government, widespread power or network failures, epidemics, and similar circumstances beyond the reasonable ability of the affected party to prevent.
Where a force majeure event occurs, the affected party will notify the other as soon as reasonably possible and will use reasonable efforts to limit the effect of the event and to resume performance once the event ends.
Indemnification
You agree to indemnify and hold harmless Plum Glow and its officers, employees and agents from any claims, losses, liabilities and expenses, including reasonable legal fees, arising out of your use of the website or services, your breach of these terms, or your violation of any law or the rights of a third party.
Termination
We may suspend or terminate your access to the website at any time, with or without notice, for any conduct that we reasonably believe violates these terms or is harmful to us or to other users. Termination of website access does not affect any separate written agreement between us, which will continue on its own terms.
You may stop using the website at any time. The provisions of these terms that by their nature should survive termination, including the sections on intellectual property, disclaimers, limitations of liability and indemnification, will continue to apply after termination.
On termination of a services agreement, we will cooperate with you in an orderly handover of any deliverables, data and documentation in accordance with that agreement. Where the agreement provides for it, we will also securely return or delete materials we hold on your behalf, subject to any legal obligation we may have to retain certain records.
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 principles. The operating entity is Shaanxi Xiaoxia Meixia Trading Co., Ltd. (陕西晓夏梅霞商贸有限公司), whose registered address is No. 18, Group 1, Dongshiyang Cun, Zhouling Subdistrict, Qinhan New City, Xixian New Area, Xian - 710000, China (CN).
We aim to resolve disputes amicably and efficiently. If a dispute arises, we encourage you to contact us first so that we can attempt to resolve it informally. If we are unable to reach a resolution, any dispute will be submitted to the competent courts of the relevant jurisdiction in accordance with applicable law.
If you are located in a jurisdiction that provides mandatory consumer protections, nothing in these terms is intended to limit those protections. To the extent that any provision of these terms conflicts with a right that cannot be waived under your local law, that provision will not apply to you and the remainder of these terms will continue to apply.
Entire Agreement and Severability
These terms, together with our Privacy Policy and any written agreement we sign with you, form the entire agreement between us regarding the subject matter they cover. They replace all earlier discussions, statements and understandings, whether written or oral, relating to that subject matter.
If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. The failure of either party to enforce any right under these terms will not be treated as a waiver of that right.
Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations under these terms to an affiliate or to a successor in connection with a merger, acquisition or sale of all or part of our business, provided that the assignee agrees to honour these terms.
Changes to These Terms
We may revise these terms from time to time to reflect changes in our services, in our practices or in the law. When we make material changes, we will update the last revised date at the top of this page. Your continued use of the website after any change takes effect constitutes your acceptance of the updated terms.
We encourage you to review these terms periodically. If you do not agree with any updated terms, you should stop using the website and contact us with any concerns.
Contact Us
If you have any questions about these terms or about our services, please contact us using the details below. We are happy to clarify any part of these terms and to discuss how they apply to your specific situation before you begin working with us.
Plum Glow
Shaanxi Xiaoxia Meixia Trading Co., Ltd. (陕西晓夏梅霞商贸有限公司)
No. 18, Group 1, Dongshiyang Cun, Zhouling Subdistrict, Qinhan New City, Xixian New Area,
Xian - 710000, China (CN)
Email: inquiry@plumglow.buzz
Phone: +15717410556
Website: https://www.plumglow.buzz