In these Terms, the following definitions apply unless the context requires otherwise:
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of any third party. You must not:
We reserve the right to restrict, suspend, or terminate your access to the Website at any time without prior notice if we reasonably believe you have breached these Terms.
All content on the Website, including but not limited to text, graphics, logos, designs, and software, is the property of Kang Jie or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Website without our prior written permission. Nothing in these Terms grants you any right or licence in or to our intellectual property.
Engagement for specific Services shall be governed by a separate written agreement (“Service Agreement”) executed by both Parties. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail. Each Service Agreement will specify the scope of work, deliverables, timeline, fees, payment terms, and any additional conditions applicable to that engagement.
Unless otherwise agreed in writing, all Services are provided on a time-and-materials basis. Fees are quoted exclusive of any applicable taxes, which shall be borne by the Client.
To enable us to perform the Services effectively, the Client agrees to:
Payment terms are specified in each Service Agreement. Invoices are due within thirty (30) calendar days from the invoice date unless otherwise stated. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend performance of Services if any invoice remains unpaid for more than fifteen (15) days past the due date.
Each Party agrees to maintain as confidential any non-public information disclosed by the other Party. Confidential information shall not be disclosed to any third party without the disclosing Party's prior written consent, except as required by law or professional obligation. This confidentiality obligation survives termination of these Terms and any applicable Service Agreement for a period of five (5) years, or indefinitely for trade secrets.
To the maximum extent permitted by law, Kang Jie's total liability arising from or related to these Terms or any Service Agreement shall not exceed the total fees paid by the Client for the specific Service giving rise to the claim. Neither Party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages. This limitation does not apply to liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.
Our Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. The Client assumes all risk for the selection, implementation, and use of any systems we design or recommend.
The Client agrees to indemnify, defend, and hold harmless Kang Jie, its officers, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to the Client's use of the Website, breach of these Terms, or use of the Services in a manner not contemplated by the applicable Service Agreement.
Either Party may terminate a Service Agreement in accordance with its termination provisions. These Terms remain in effect until terminated. We may terminate these Terms immediately by written notice if you materially breach any provision and fail to cure such breach within fifteen (15) days of receiving written notice. Upon termination, the provisions relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive.
These Terms and any disputes arising out of or relating to them shall be governed by the laws of the People's Republic of China, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be submitted to good-faith negotiations between the Parties. If the dispute cannot be resolved within thirty (30) days, it shall be referred to binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing, conducted in English, and the arbitration award shall be final and binding on both Parties.
Neither Party shall be liable for any failure or delay in performing its obligations under these Terms or any Service Agreement if such failure or delay is caused by events beyond the Party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, labour disputes, and internet or telecommunications failures. The affected Party shall give prompt notice of the force majeure event and use reasonable efforts to mitigate its impact.
These Terms, together with any applicable Service Agreement, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations. We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Website or Services after any changes constitutes your acceptance of the new Terms.
For any questions, concerns, or notices regarding these Terms, please contact us: