Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our website, and by engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms that may apply to specific services. These Terms constitute a legally binding agreement between you (the "Client" or "User") and Changchun Weishen Commerce And Trade Co., Ltd. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Site or services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

2. Definitions

For the purposes of these Terms:

• "Weishen," "we," "us," "our" refers to Changchun Weishen Commerce And Trade Co., Ltd., its employees, contractors, and authorized representatives.
• "Client," "you," "your" refers to the individual or entity accessing our website or using our services.
• "Services" refers to all professional and technical services offered by Weishen, including but not limited to computer systems design, software development, network infrastructure, cloud solutions, cybersecurity, IT consulting, and related technical services.
• "Site" or "Website" refers to www.weishen.shop and all associated subdomains and pages.
• "Service Agreement" refers to a separate written agreement executed between Weishen and a Client that governs the specific scope, deliverables, timelines, and fees for a particular project or engagement.
• "Deliverables" refers to the work products, software, documentation, designs, and other materials produced by Weishen as part of the Services.
• "Confidential Information" refers to any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or reasonably should be understood to be confidential.

3. Services Description

Weishen provides professional services in the field of computer systems design and related technical services. Our service offerings include, but are not limited to:

• Computer systems design, architecture, and technical planning.
• Custom software development, including web applications, mobile backends, APIs, and enterprise systems.
• Network infrastructure design, deployment, and management.
• Cloud computing solutions, including migration, architecture, and managed services.
• Cybersecurity assessments, penetration testing, and compliance services.
• IT consulting, digital transformation strategy, and technology advisory.
• Database design, management, and optimization.
• DevOps implementation and infrastructure automation.

The specific scope, deliverables, timelines, and fees for each engagement will be defined in a separate Service Agreement signed by both parties. These Terms govern all service engagements unless specifically superseded by provisions in an individual Service Agreement.

4. User Responsibilities

As a user of our Site or Client of our services, you agree to:

• Provide accurate, current, and complete information when engaging with us, including contact details, project requirements, and technical specifications.
• Maintain the confidentiality of any account credentials, passwords, or access codes provided to you.
• Cooperate reasonably with Weishen personnel, including providing timely access to necessary systems, information, and personnel to enable service delivery.
• Ensure that any materials, data, or content you provide to us does not infringe on the rights of any third party or violate any applicable laws.
• Use our Site and services in compliance with all applicable laws, regulations, and these Terms.
• Promptly review and provide feedback on deliverables within the timeframes specified in the Service Agreement.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

5. Intellectual Property Rights

Our Intellectual Property: All content on our website, including but not limited to text, graphics, logos, images, software, documentation, and design elements, is the property of Weishen or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any content from our Site without our prior written consent.

Deliverables Ownership: Ownership of intellectual property rights in deliverables created specifically for a Client will be addressed in the Service Agreement. Generally, upon full payment, the Client receives ownership of the specific deliverables created for them, while Weishen retains the right to use generalized methodologies, tools, frameworks, and knowledge gained during the engagement.

Client Materials: You retain all rights to any materials, data, or content you provide to us. You grant us a limited license to use such materials solely for the purpose of providing our services to you.

Feedback: Any suggestions, ideas, or feedback you provide to us regarding our services may be used by us without restriction or obligation to you.

6. Service Agreements and Contracts

All professional services engagements are governed by a separate Service Agreement that includes specific terms related to:

• Scope of Work (SOW): Detailed description of services, deliverables, milestones, and acceptance criteria.
• Timeline: Project schedule, milestone dates, and delivery deadlines.
• Fees: Pricing structure, payment schedule, and billing terms.
• Change Management: Process for requesting and approving changes to scope, timeline, or fees.
• Acceptance: Procedures for reviewing and accepting deliverables.
• Termination: Conditions under which either party may terminate the agreement.

In the event of any conflict between these Terms and a Service Agreement, the provisions of the Service Agreement will prevail with respect to that specific engagement.

7. Fees and Payment Terms

Fees for services are as set forth in the applicable Service Agreement. Unless otherwise specified:

• Invoices are due within thirty (30) days from the invoice date, unless otherwise specified in the Service Agreement.
• Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Client is responsible for all applicable taxes, duties, and government charges related to the services.
• Weishen reserves the right to suspend services or withhold deliverables for non-payment of undisputed amounts.
• All fees are non-refundable except as expressly stated in the Service Agreement.
• Payment shall be made in the currency specified in the Service Agreement via wire transfer, bank transfer, or other mutually agreed method.

8. Delivery and Acceptance

Deliverables will be provided according to the timeline specified in the Service Agreement. Upon delivery, the Client will have a review period (typically 10 business days, unless otherwise specified) to evaluate the deliverables and provide written acceptance or a detailed list of issues requiring correction.

If the Client does not provide acceptance or rejection within the review period, the deliverables will be deemed accepted. Weishen will promptly address any valid issues identified during the review period. Acceptance criteria and procedures will be further detailed in the Service Agreement.

9. Warranties and Disclaimers

Our Warranty: Weishen warrants that our services will be performed in a professional and workmanlike manner consistent with industry standards. For software development services, we warrant that deliverables will substantially conform to the specifications in the Service Agreement for a period of ninety (90) days following acceptance.

Disclaimer: Except as expressly stated in these Terms or a Service Agreement, our services and website are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or that all defects will be corrected. No advice or information obtained from us or through our services shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• 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, business interruption, or cost of procurement of substitute services, arising out of or related to these Terms or any service engagement, regardless of the theory of liability and even if advised of the possibility of such damages.
• Each party's total aggregate liability arising out of or related to these Terms or any Service Agreement shall not exceed the total fees paid or payable by the Client to Weishen for the specific service engagement giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.
• These limitations of liability apply notwithstanding any failure of essential purpose of any limited remedy.
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

Client Indemnification: You agree to indemnify, defend, and hold harmless Weishen, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our Site or services in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party intellectual property or other rights; or (d) any materials or content you provide to us that give rise to a third-party claim.

Weishen Indemnification: Weishen will indemnify, defend, and hold harmless the Client from and against any third-party claim that our deliverables infringe upon any intellectual property right, provided that: (a) the Client promptly notifies us in writing of the claim; (b) we have sole control over the defense and settlement; and (c) the Client provides reasonable cooperation. If such a claim is made or appears likely, we may, at our option and expense, procure the right for the Client to continue using the deliverables, modify them to be non-infringing, or replace them with equivalent functionality.

12. Confidentiality

Both parties agree to maintain the confidentiality of all Confidential Information disclosed during the course of the business relationship. The receiving party agrees to: (a) use the Confidential Information solely for the purpose of performing obligations or exercising rights under these Terms or applicable Service Agreement; (b) protect the Confidential Information using the same degree of care used to protect its own confidential information, but no less than reasonable care; and (c) limit access to Confidential Information to those employees and contractors who need to know it for the permitted purpose and who are bound by confidentiality obligations at least as protective as those in this section.

Confidential Information does not include information that: (a) is or becomes publicly available without breach of this section; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, court order, or regulatory authority, provided that the receiving party gives prompt notice to the disclosing party to allow for protective measures.

Upon termination of the business relationship, each party shall return or destroy all Confidential Information of the other party, except as required for legal or regulatory compliance or legitimate archival purposes.

13. Term and Termination

These Terms: These Terms remain in effect until terminated by either party. You may terminate these Terms at any time by discontinuing use of our Site and services. We may terminate these Terms at any time without notice.

Service Agreements: The term of each Service Agreement will be specified therein. Either party may terminate a Service Agreement: (a) upon written notice if the other party materially breaches the agreement and fails to cure the breach within thirty (30) days after written notice; (b) immediately if the other party becomes insolvent, files for bankruptcy, or ceases operations; or (c) as otherwise provided in the Service Agreement.

Effect of Termination: Upon termination of a Service Agreement: (a) the Client shall pay all fees due for services rendered and expenses incurred up to the effective date of termination; (b) each party shall return the other's Confidential Information; (c) provisions that by their nature should survive termination shall survive, including those related to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution.

14. Prohibited Uses

You agree not to use our Site or services for any unlawful purpose or in violation of these Terms. Prohibited activities include, but are not limited to:

• Violating any applicable law, regulation, or governmental order.
• Infringing upon the intellectual property, privacy, or other rights of any third party.
• Transmitting any malicious code, viruses, worms, Trojan horses, or other harmful or disruptive components.
• Attempting to gain unauthorized access to our systems, networks, or data.
• Engaging in any activity that interferes with or disrupts the operation of our Site or services.
• Using any automated means (bots, scrapers, crawlers) to access or collect data from our Site without our express written permission.
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
• Engaging in any form of harassment, abuse, or discriminatory behavior.
• Using our services to develop systems or applications that could cause harm or that violate applicable laws.

15. Third-Party Services and Content

Our website and services may incorporate or link to third-party services, tools, libraries, or content. We do not endorse or assume responsibility for any third-party products, services, or content. Your use of third-party services is subject to their respective terms and policies. As part of our service delivery, we may recommend or integrate with third-party platforms (including cloud providers, development tools, and analytics services). We will inform you of these integrations and any associated terms.

16. Dispute Resolution and Governing Law

Governing Law: These Terms and any Service Agreements shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of laws principles. For international clients, additional protections under applicable local laws may apply.

Dispute Resolution: Any dispute arising out of or relating to these Terms or our services shall first be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved within thirty (30) days of written notice, the dispute shall be submitted to binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-current rules. The arbitration shall be conducted in Changchun, Jilin, China, in the English language (or Chinese, at the option of the Client). The arbitration award shall be final and binding on both parties.

Exceptions: Either party may seek equitable relief (including injunctive relief) from a court of competent jurisdiction to protect its intellectual property or confidential information without waiving the right to arbitration.

Class Action Waiver: Any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

17. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. We will make reasonable efforts to notify you of material changes, such as by email or through a prominent notice on our Site. Your continued use of our Site or services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree with the changes, you should discontinue use of our Site and services. It is your responsibility to review these Terms periodically.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Company: Changchun Weishen Commerce And Trade Co., Ltd.
• Address: Room 418-A773, No. 306 Huguang Road South Lane, Chaoyang District, Changchun, Jilin, China
• Email: support@weishen.shop
• Phone: +1 873 382 9567
• Website: www.weishen.shop

For all legal notices, please direct correspondence to our registered address.