Terms of Service - Zhuangwei

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Jiujiang Zhuangwei Trading Co., Ltd., the legal entity operating the website https://www.zhuangwei.mom and providing the services described herein. The developer of this website is Zhuang Wei.

By accessing the website, engaging our professional services, submitting an inquiry, or otherwise interacting with our platform and personnel, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these terms, you must immediately discontinue all use of the website and our services.

You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, and that you have the legal capacity and authority to enter into this agreement. If you are entering into these terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these terms.

These Terms of Service apply to all visitors, users, clients, and any other individuals or entities who access or use the website, services, or any related content, features, or functionality offered by Zhuangwei.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply:

Company, We, Us, or Our refers to Jiujiang Zhuangwei Trading Co., Ltd., a company registered in China with its principal office at 114-4, Building 4, Phase I, Helonglong Resettlement Community, Hetang Xincun, Wuli Street, Lianxi District, Jiujiang 332000, China.
Services refers to the computer systems design, IT consulting, network architecture, cybersecurity, cloud infrastructure, technical documentation, and all related professional services provided by the Company to Clients under these terms and any applicable service agreements or statements of work.
Website refers to https://www.zhuangwei.mom and all subdomains, pages, content, and functionality accessible through this domain.
Client, You, or Your refers to the individual or legal entity accessing or using the Website or engaging the Services.
Content refers to all text, images, graphics, designs, code, data, documentation, deliverables, and other materials made available through the Website or produced as part of the Services.
Service Agreement refers to a separate written or electronic agreement, statement of work, proposal, or engagement letter executed between the Company and a Client that defines the specific scope, deliverables, timeline, and commercial terms for a particular project or engagement.
Third Party refers to any individual, entity, or service provider other than the Company and the Client.

3. Description of Services

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

Systems Architecture Design: Analysis, planning, and design of integrated computer systems encompassing hardware, software, networking, storage, and security components tailored to specific organizational requirements.
Network Infrastructure Services: Design, implementation, optimization, and troubleshooting of local area networks, wide area networks, wireless networks, and related infrastructure components.
Cloud and Hybrid Infrastructure: Architecture design, migration planning, deployment automation, and cost optimization for public cloud, private cloud, and hybrid computing environments.
Cybersecurity Services: Security assessments, vulnerability analysis, threat modeling, security architecture design, incident response planning, and compliance advisory services.
Data Systems Engineering: Database design, data pipeline architecture, storage optimization, backup strategy development, and disaster recovery planning.
Technical Consulting: Technology evaluation, vendor selection advisory, digital transformation strategy, system modernization roadmapping, and technical feasibility studies.
Documentation and Knowledge Transfer: Production of architecture diagrams, operational runbooks, configuration guides, standard operating procedures, and training materials.

The specific scope, deliverables, timeline, and acceptance criteria for any particular project shall be defined in a mutually executed Service Agreement or statement of work. In the event of any conflict between these Terms of Service and a specific Service Agreement, the Service Agreement shall prevail with respect to the particular project it governs.

4. User Responsibilities and Obligations

As a user of the Website or a Client of our Services, you agree to the following responsibilities and obligations:

Accurate Information: You agree to provide accurate, current, and complete information when engaging with our services, submitting inquiries through the Website, or entering into a Service Agreement. You are responsible for maintaining the accuracy of your contact and account information throughout the business relationship.
Lawful Use: You agree to use the Website and Services only for lawful purposes and in compliance with all applicable local, national, and international laws, regulations, and standards. You shall not use the Website or Services to engage in any illegal activity, transmit harmful code, violate intellectual property rights, or interfere with the operation of our systems.
Account Security: If you create an account or receive login credentials for any platform or system we provide, you are responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
Cooperation: For the successful delivery of Services, you agree to provide reasonable cooperation, timely access to relevant systems and information, and prompt feedback on deliverables as outlined in the applicable Service Agreement. Delays caused by lack of cooperation may impact project timelines and are not the responsibility of the Company.
Prohibited Activities: You shall not attempt to gain unauthorized access to any portion of the Website, the servers on which it is hosted, or any other systems or networks connected to the Website. You shall not use any automated means such as bots, scrapers, or crawlers to access the Website in a manner that sends more requests to our servers than a human can reasonably produce in the same period.
Third-Party Compliance: You are responsible for ensuring that any Third Party vendors, subcontractors, or personnel you involve in a project comply with these terms and any applicable Service Agreement provisions, including confidentiality and security requirements.

5. Intellectual Property Rights

Intellectual property rights are a fundamental aspect of our service relationship. The following provisions govern the ownership and licensing of intellectual property created or used in connection with the Services and Website:

Website Content: All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and design elements, is the exclusive property of Jiujiang Zhuangwei Trading Co., Ltd. or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Website is the exclusive property of the Company.
Service Deliverables: Unless otherwise agreed in writing in a Service Agreement, all deliverables, documentation, designs, code, diagrams, reports, and work products created by the Company in the course of providing Services shall be owned by the Company until full payment has been received. Upon receipt of full payment as specified in the applicable Service Agreement, ownership of the final deliverables specified in that agreement shall transfer to the Client, subject to the license terms below.
Pre-Existing Materials: The Company retains full ownership of any pre-existing tools, frameworks, libraries, methodologies, templates, know-how, and intellectual property that the Company developed prior to or independently of the engagement. To the extent such pre-existing materials are incorporated into deliverables, the Company grants the Client a perpetual, non-exclusive, non-transferable license to use such materials solely as part of the deliverables.
Client Materials: All materials, data, specifications, and intellectual property provided by the Client to the Company in connection with the Services remain the exclusive property of the Client. The Client grants the Company a limited, non-exclusive license to use such materials solely for the purpose of performing the Services.
Trademarks: The Zhuangwei name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Jiujiang Zhuangwei Trading Co., Ltd. or its affiliates. You may not use such marks without the prior written permission of the Company.
Feedback: Any feedback, suggestions, ideas, or recommendations you provide regarding the Website or Services may be used by the Company without restriction or obligation of compensation, and you assign all rights in such feedback to the Company.

6. Fees and Payment Terms

The fees for our Services are determined based on the scope, complexity, and duration of each engagement. The following terms apply to all fee arrangements unless modified by a specific Service Agreement:

Fee Structure: Service fees may be structured as fixed-price for defined-scope projects, time-and-materials based on hourly or daily rates, retainer arrangements for ongoing advisory services, or milestone-based payments for phased engagements. The specific fee structure, rates, and payment schedule shall be specified in the applicable Service Agreement or proposal.
Invoicing and Payment: Invoices shall be issued according to the schedule defined in the Service Agreement. Unless otherwise stated, payment is due within thirty calendar days from the invoice date. Late payments may be subject to interest at the rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is lower.
Taxes: All fees are exclusive of applicable taxes, duties, and levies. The Client is responsible for payment of all sales, use, value-added, withholding, and similar taxes imposed on the Services, except for taxes based on the net income of the Company. The Company will include applicable taxes on invoices where required by law.
Expenses: Reasonable out-of-pocket expenses incurred by the Company in connection with the delivery of Services, such as travel, software licenses, third-party tools, and hosting fees, shall be reimbursed by the Client if pre-approved in writing or specified in the Service Agreement.
Suspension of Services: If payment is not received by the due date, the Company reserves the right to suspend the provision of Services and access to any deliverables until all outstanding amounts are paid in full. Suspension does not relieve the Client of the obligation to pay for Services already rendered.
Disputed Charges: If the Client disputes any invoice or charge in good faith, the Client must notify the Company in writing within fifteen days of the invoice date, specifying the nature and amount of the dispute. Undisputed portions of the invoice shall be paid when due while the parties work in good faith to resolve the dispute.

7. Confidentiality

Both the Company and the Client acknowledge that in the course of the engagement, each party may receive or have access to confidential and proprietary information belonging to the other party. This section establishes the obligations governing the handling of such confidential information:

Definition of Confidential Information: Confidential Information includes all non-public information disclosed by one party to the other, whether written, oral, electronic, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes technical data, trade secrets, business plans, financial information, client lists, source code, architecture designs, security configurations, and any information subject to non-disclosure obligations to third parties.
Obligations: Each party agrees to hold the Confidential Information of the other party in strict confidence, to use such information only for the purpose of performing obligations under these Terms and any applicable Service Agreement, and to not disclose such information to any third party without the disclosing party prior written consent, except as required by law. Each party shall use at least the same degree of care to protect the other party Confidential Information as it uses to protect its own confidential information of similar importance, but in no event less than reasonable care.
Exceptions: The confidentiality obligations shall not apply to information that is publicly known through no breach of these terms by the receiving party, is already in the receiving party lawful possession without confidentiality restriction at the time of disclosure, is independently developed by the receiving party without use of the disclosing party Confidential Information, or is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice to the disclosing party to allow the disclosing party to seek a protective order.
Duration: The obligations of confidentiality shall survive the termination or expiration of the engagement and these Terms of Service for a period of five years, or indefinitely with respect to trade secrets and information subject to perpetual non-disclosure obligations.
Return of Materials: Upon termination of the engagement or upon written request by the disclosing party, the receiving party shall promptly return or destroy all copies of Confidential Information in its possession, except for one archival copy retained for legal and regulatory compliance purposes, which shall remain subject to the confidentiality obligations of this section.

8. Limitation of Liability

To the fullest extent permitted by applicable law, the following limitations of liability apply to all interactions, transactions, and relationships between the Company and any user of the Website or recipient of the Services:

Exclusion of Certain Damages: In no event shall Jiujiang Zhuangwei Trading Co., Ltd., its directors, officers, employees, agents, subcontractors, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, business interruption, or damage to reputation, arising out of or in connection with these Terms of Service, the Website, or the Services, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, regardless of whether the Company had been advised of the possibility of such damages.
Aggregate Liability Cap: The total aggregate liability of the Company for any and all claims arising out of or relating to these Terms of Service, the Website, or the Services shall not exceed the greater of the total fees actually paid by the Client to the Company under the applicable Service Agreement during the twelve months immediately preceding the event giving rise to the claim, or five hundred United States dollars for claims unrelated to a specific Service Agreement such as general Website usage claims.
Force Majeure: The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, Internet service disruptions, telecommunications failures, power outages, or third-party service provider failures.
Client Responsibility: The Client acknowledges that the outcome of any technology project depends significantly on factors beyond the Company control, including the Client operational environment, third-party systems and services, changes in technology, regulatory shifts, and evolving security threats. The Company provides professional advice and services based on information available at the time, but does not guarantee specific business outcomes or results.

9. Disclaimer of Warranties

The Website and Services are provided on an as-is and as-available basis without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties, including:

No Warranty of Uninterrupted Access: The Company does not warrant that the Website will be available at all times, that it will be free from errors or omissions, that defects will be corrected, or that the servers hosting the Website are free of viruses, malware, or other harmful components. Access may be interrupted for maintenance, upgrades, or reasons beyond the Company control.
No Warranty of Accuracy: While the Company strives to provide accurate and current information on the Website and in its service materials, the Company makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any content. Information is provided for general informational purposes only.
No Implied Warranties: The Company disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing, course of performance, or usage of trade.
No Warranty of Third-Party Products: The Company makes no warranty regarding any third-party products, services, software, or platforms that may be recommended, integrated, or utilized as part of the Services. Such third-party products are subject to the warranties, if any, provided by their respective manufacturers or vendors.
Professional Judgment: The Services involve the exercise of professional judgment based on information provided by the Client and available at the time. The Company does not warrant that all risks have been identified or that all recommendations will prove suitable for all circumstances that may arise in the future.

10. Indemnification

You agree to defend, indemnify, and hold harmless Jiujiang Zhuangwei Trading Co., Ltd., its affiliates, and its and their respective directors, officers, employees, agents, subcontractors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to:

Your violation of these Terms of Service or any applicable Service Agreement;
Your use of the Website or Services in a manner not authorized by these terms;
Your infringement of any intellectual property or other right of any third party;
Any content, data, or materials you provide to the Company in connection with the Services;
Your negligence, willful misconduct, or violation of applicable law;
Any claim by a third party arising from your use of the deliverables or implementation of the Company recommendations, where the claim does not arise from a defect in the Company work product itself.

The Company shall notify you promptly of any such claim and shall provide you with reasonable cooperation, at your expense, in the defense or settlement of the claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses. You shall not settle any claim that imposes any liability or obligation on the Company without the Company prior written consent.

11. Term and Termination

These Terms of Service remain in full force and effect while you use the Website or engage our Services. The following provisions govern the duration and termination of this agreement:

Website Use: These terms apply to your use of the Website commencing upon your first access and continuing until terminated. You may terminate the Website-related provisions by ceasing all use of the Website. The Company may terminate or suspend your access to the Website at any time, without prior notice, for conduct that the Company believes violates these terms or is harmful to other users, the Company, or third parties.
Service Engagements: The term of each Service engagement shall be specified in the applicable Service Agreement. Either party may terminate a Service Agreement for material breach by the other party if the breaching party fails to cure such breach within thirty days after receiving written notice specifying the breach.
Termination for Convenience: Unless otherwise specified in a Service Agreement, either party may terminate a Service engagement upon sixty days written notice. In the event of termination for convenience by the Client, the Client shall pay for all Services rendered and expenses incurred through the effective date of termination, plus any non-cancellable commitments made by the Company in connection with the engagement.
Effects of Termination: Upon termination, all rights and licenses granted to you under these terms shall immediately cease. The Client shall pay all outstanding fees and expenses owed to the Company. Each party shall return or destroy Confidential Information of the other party as required by Section 7. Provisions that by their nature should survive termination, including but not limited to intellectual property rights, confidentiality, limitation of liability, disclaimer of warranties, indemnification, and dispute resolution, shall survive any termination of these Terms of Service.

12. Dispute Resolution

We believe that most disputes can be resolved through direct, good-faith communication. The following procedures shall apply to any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Website, or the Services:

Informal Resolution: Before initiating any formal legal proceeding, the parties shall attempt to resolve the dispute through informal negotiation. The party raising a dispute shall provide written notice to the other party describing the nature and basis of the dispute. The parties shall designate representatives who shall meet, in person or via teleconference, within thirty days of the notice to attempt to resolve the dispute in good faith.
Mediation: If the dispute is not resolved through informal negotiation within sixty days of the initial notice, either party may request that the dispute be submitted to non-binding mediation. The mediation shall be conducted by a mutually agreed-upon mediator. The parties shall share equally the costs of the mediator. Each party shall bear its own legal fees and costs associated with the mediation.
Arbitration: If mediation does not resolve the dispute, the parties agree to submit the dispute to binding arbitration administered by a recognized arbitration institution mutually agreed upon by the parties. If the parties cannot agree on an institution, the arbitration shall be administered by the China International Economic and Trade Arbitration Commission in accordance with its rules. The arbitration shall be conducted in English and held in Jiujiang, China, or another location mutually agreed by the parties. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
Class Action Waiver: All claims must be brought in the parties individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person claims or otherwise preside over any form of a representative or class proceeding.
Exceptions: Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, protect intellectual property rights, or enforce confidentiality obligations. The parties agree that any such action may be brought notwithstanding the dispute resolution provisions above.

13. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Subject to the dispute resolution provisions in Section 12, any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the courts of competent jurisdiction located in Jiujiang, Jiangxi Province, China. You consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

If you access the Website or Services from outside China, you do so on your own initiative and are responsible for compliance with local laws applicable to your use. Nothing in these Terms of Service shall be construed as creating any right or remedy under the laws of any jurisdiction other than China, except to the extent that such laws cannot be excluded by agreement.

14. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. Changes may be made to reflect evolving business practices, new legal requirements, updates to our Service offerings, or any other reason deemed appropriate by the Company.

When we make material changes, we will update the Last Updated date at the top of this page and post the revised terms on the Website. We may also provide additional notice through the Website interface or, for existing Clients with active Service Agreements, through direct email notification.

It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the Website or Services following the posting of revised terms means that you accept and agree to the changes. If you do not agree to the modified terms, you must discontinue use of the Website and Services.

For Clients with active Service Agreements, material changes to these Terms of Service shall not apply retroactively to alter the terms of existing engagements unless mutually agreed in writing. The version of the terms in effect at the time a Service Agreement is executed shall govern that specific engagement.

15. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service or any matter related to the Website or our Services, please contact us using the following details. We are committed to addressing your inquiries in a timely and professional manner.

Company: Jiujiang Zhuangwei Trading Co., Ltd.

Website: https://www.zhuangwei.mom

Email: team@zhuangwei.mom

Phone: +1 (914) 647-9765

Registered Address:
114-4, Building 4, Phase I, Helonglong Resettlement Community,
Hetang Xincun, Wuli Street, Lianxi District,
Jiujiang 332000, China

Developer: Zhuang Wei

We aim to acknowledge receipt of your inquiry within three business days and to provide a substantive response within ten business days. For legal notices required under these Terms of Service, written communication via email to the address above shall be deemed sufficient delivery.

If you believe that any content on the Website infringes your intellectual property rights, please contact us promptly with a detailed description of the alleged infringement, including identification of the copyrighted work or trademark claimed to have been infringed, identification of the allegedly infringing material with sufficient specificity to locate it on the Website, and your contact information. We will investigate and respond appropriately.