1. Introduction
These Terms of Service govern your access to and use of the website located at https://www.justcostech.hair and the services provided by Justcos Technology Co., Limited. By using our website or engaging our services, you agree to be bound by these terms. Please read them carefully before you proceed.
We are a provider of computer systems design and related services, including computer integrated systems design. Our registered office is at Rm C, 13/F, HARVARD COML BLDG, 105-111 THOMSON RD, Wan Chai, Hong Kong (HK). These terms form the basis of the relationship between you and our company, and together with any separate written agreement they describe the rules that apply to our work together.
2. Acceptance of These Terms
By accessing the website, contacting us or using our services, you confirm that you are at least eighteen years old and that you have the authority to accept these terms on your own behalf or on behalf of the organization you represent. If you do not agree with any part of these terms, you should not use the website or our services.
Your continued use of the website after we post any changes to these terms constitutes acceptance of the revised terms. Where a separate written agreement has been signed for a specific project, the terms of that agreement will take priority over these general terms to the extent of any conflict between them.
3. Definitions
In these terms, the words we, us and our refer to Justcos Technology Co., Limited. The words you and your refer to the visitor, user or client accessing the website or receiving our services. The word services refers to the computer systems design, integration, development, data and support services described on our website.
The word content refers to text, graphics, images, designs, software, data and any other material made available on the website. The word website refers to https://www.justcostech.hair and all of its pages. Any other defined terms used in a specific written agreement will have the meaning given to them in that agreement.
4. About Our Services
We provide computer systems design and related services, including systems architecture, custom software development, systems integration, data services, infrastructure and cloud work, and ongoing support and maintenance. The scope of any engagement, along with its deliverables, timeline and price, will be set out in a written proposal or agreement before work begins.
We aim to describe our services accurately on the website, but the website is provided for general information and does not constitute a binding offer. Any engagement becomes binding only when a written agreement or written acceptance of a proposal has been exchanged between the parties. We may decline to take on any project at our discretion.
5. Use of the Website
You may use the website for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website by, any other person. You agree not to attempt to gain unauthorized access to any part of the website, the server on which it is stored or any server, computer or database connected to it.
We do not guarantee that the website will always be available, uninterrupted or free from errors, and we may suspend, withdraw or restrict access to all or part of the website for operational, security or maintenance reasons. We will try to give reasonable notice of any significant interruption, but this may not always be possible.
6. User Responsibilities
You are responsible for ensuring that any information you provide to us, including through the contact form or by email, is accurate, current and complete. You are also responsible for maintaining the confidentiality of any account credentials or access details we may provide to you, and for all activity that occurs under those credentials.
You agree to notify us promptly if you become aware of any unauthorized use of your information or any other breach of security. Where you provide us with files, documents or data in connection with a project, you confirm that you have the right to share that material and that doing so does not violate any law or the rights of any third party.
7. Prohibited Conduct
You agree not to use the website or our services to upload, post or transmit any material that is unlawful, defamatory, obscene, threatening or otherwise objectionable. You also agree not to use the website to distribute malware, viruses, spyware or other harmful code, or to attempt to disrupt, damage or interfere with the website or the systems of any other user.
You agree not to reverse engineer, decompile or disassemble any software made available through the website, and not to copy, reproduce, sell or exploit any part of the website for commercial purposes without our prior written consent. We reserve the right to suspend or terminate access for anyone who breaches these restrictions.
8. Intellectual Property
The website and all of its content, including its design, layout, text, graphics and underlying code, are owned by us or our licensors and are protected by applicable intellectual property laws. You may view and print pages from the website for your own personal and non commercial use, but you may not reproduce or distribute the content without our written permission.
With respect to a specific client project, ownership of the deliverables will be addressed in the relevant written agreement. Unless the agreement states otherwise, our pre existing tools, methods, templates and know how remain our property, and we grant you a license to use the deliverables produced for you under the terms set out in that agreement.
9. Fees and Payment
Fees for our services are agreed in advance and set out in the proposal or agreement for each engagement. Unless the agreement says otherwise, invoices are payable within the period stated on the invoice, and payment must be made in the currency and by the method specified. Late payments may incur interest or suspension of work as described in the agreement.
Any expenses we incur on your behalf, such as third party licenses, hosting or travel, will be passed on as agreed in writing. We may require a deposit or staged payments for larger projects. All amounts are stated exclusive of any applicable taxes, which will be added where required by law.
10. Confidentiality
During a project we may each share confidential information with the other. Confidential information means any non public information disclosed by one party to the other, whether in writing or orally, that is marked as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.
Each party agrees to keep the other parties confidential information secure, to use it only for the purpose of the project and not to disclose it to third parties except as necessary to perform the work or as required by law. These obligations continue after a project ends. They do not apply to information that is already public or that is independently developed without use of the confidential material.
11. Warranties and Disclaimers
We will provide our services with reasonable skill and care and in accordance with the scope agreed in writing. The website and its content are provided on an as is and as available basis, and to the maximum extent permitted by law we make no warranties, express or implied, regarding the website, including warranties of accuracy, completeness, fitness for a particular purpose or non infringement.
We do not warrant that the website will be free of errors, bugs or interruptions, or that any results you obtain from using our services will meet your specific expectations. You are responsible for verifying that any information you rely on from the website is suitable for your purposes. Nothing in these terms excludes any warranty that cannot be excluded by law.
12. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the website or our services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or in connection with these terms or any engagement will not exceed the total fees paid by you to us for the specific service giving rise to the claim during the twelve months preceding the event. Nothing in these terms limits or excludes liability that cannot be limited or excluded by applicable law.
13. Indemnification
You agree to indemnify and hold harmless Justcos Technology Co., Limited and its directors, officers, employees and agents from and against any claims, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your breach of these terms or your violation of any law or the rights of any third party.
This indemnity extends to any claim that material you provided to us infringes the intellectual property or other rights of a third party. We will notify you promptly of any claim covered by this section and will give you reasonable cooperation, at your expense, in the defense of that claim.
14. Termination
These terms apply while you use the website or receive our services. We may suspend or terminate your access to the website at any time, without notice, if you breach these terms or if we reasonably believe your use of the website may harm us or any other person. We may also terminate a service engagement in accordance with the terms of the relevant written agreement.
Upon termination, the rights and licenses granted to you under these terms will end, but the provisions that are intended to survive termination, including the sections on intellectual property, confidentiality, limitation of liability and indemnification, will continue in full force and effect.
15. Governing Law
These terms and any dispute arising out of or in connection with them will be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of laws provisions. This choice of law applies to your use of the website and, unless a separate agreement states otherwise, to our provision of services.
If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any provision does not waive our right to enforce it later.
16. Dispute Resolution
We prefer to resolve any disagreement quickly and amicably. If you have any concern about the website or our services, please contact us first using the details below, and we will work with you in good faith to find a fair resolution. Most issues can be resolved through direct communication.
If a dispute cannot be resolved informally, the parties will attempt to settle it through negotiation and, where appropriate, mediation before pursuing any other remedy. Where a dispute proceeds to legal action, the courts of Hong Kong will have exclusive jurisdiction, subject to any mandatory rights you may have under the law of your own jurisdiction.
17. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, our practices or the law. When we make changes, we will revise the last updated date at the top of this page. Material changes will be highlighted clearly so that you can review them before deciding whether to continue using the website.
Your continued use of the website after any change takes effect constitutes acceptance of the updated terms. If you do not agree with the revised terms, you should stop using the website and contact us with any questions. For active service engagements, the terms of your written agreement will continue to apply unless that agreement is amended in writing.
18. Audit Rights
During the term of a service engagement, you may, at your own cost and upon reasonable written notice, audit our records to the extent necessary to verify the fees charged and the work performed under the relevant agreement. Any audit must be conducted during normal business hours and in a way that does not unreasonably disrupt our operations or the confidentiality of our other clients.
Unless a separate written agreement provides otherwise, you may carry out an audit no more than once in any twelve month period, and you may use an independent third party auditor who agrees in writing to keep our confidential information secure. Any information you obtain through an audit may be used only to verify compliance with the agreement and may not be disclosed to third parties.
19. Force Majeure
Neither party will be liable for any delay or failure to perform its obligations under these terms if that delay or failure results from a cause beyond its reasonable control. Such causes may include acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes, failure of utilities or telecommunications, or any action of a government authority.
If a force majeure event occurs, the affected party will notify the other party promptly and will use reasonable efforts to limit the impact and to resume performance as soon as possible. During the event, the obligations of both parties will be suspended to the extent they are affected. If the event continues for an extended period, either party may terminate the affected engagement in accordance with the terms of the relevant agreement.
20. Assignment
You may not assign or transfer your rights or obligations under these terms, in whole or in part, without our prior written consent. Any attempted assignment without that consent will have no effect. We may assign our rights or delegate our obligations under these terms to an affiliate or to a successor in connection with a merger, acquisition or sale of the relevant part of our business.
Where we make such an assignment, we will ensure that the party taking over our obligations is capable of performing them and will continue to protect your information in line with the commitments we have made. Subject to the restrictions in this section, these terms are binding on and benefit each party and its permitted successors and assigns.
21. Severability and No Waiver
If any provision of these terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or will be removed if modification is not possible. The remaining provisions will continue in full force and effect, and the parties intend that the rest of these terms remain valid.
Our failure or delay in exercising any right, power or remedy under these terms does not operate as a waiver of that right, power or remedy, and a single or partial exercise of a right does not prevent us from exercising it again or exercising any other right. Any waiver of a breach or default must be made in writing and signed by the waiving party to be effective.
22. Contact Information
If you have any questions, comments or concerns about these Terms of Service, please contact us. You can write to us at hello@justcostech.hair or call us at +17754585229. We will respond to your enquiry as promptly as we can.
Our mailing address is Justcos Technology Co., Limited, Rm C, 13/F, HARVARD COML BLDG, 105-111 THOMSON RD, Wan Chai, Hong Kong (HK). Thank you for taking the time to review these terms, and we look forward to working with you.