Acceptance of These Terms
These Terms of Service form a binding legal agreement between you and Kunming PengHong Trading Co., Ltd., operating as PengHong. By accessing the website at https://www.penghong.lat, submitting an inquiry, or engaging any of our services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
Please read these Terms carefully before using the website or our services. If you do not agree with any part of these Terms, you must not access the website or use our services. These Terms apply to all visitors, users, clients, and others who access or use the website or services.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, the words you and your refer to that entity.
Eligibility
You must be at least eighteen years of age, or the age of legal majority in your jurisdiction, to use the website and to enter into agreements for our services. By using the website, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement.
Our services are designed for businesses and professional organizations. If you are using the website or services on behalf of an organization, you confirm that you are authorized to do so and that the organization agrees to these Terms.
We may, in our sole discretion, refuse service to anyone for any lawful reason, and we may suspend or terminate access to the website or services for anyone who violates these Terms.
Our Services
PengHong provides computer systems design and related services within the professional, scientific, and technical services sector. Our offerings include cloud architecture and migration, data platforms and analytics, network and infrastructure engineering, software integration and automation, and cybersecurity and compliance services.
The specific scope, deliverables, timeline, and price of any engagement are described in a separate written agreement, statement of work, or proposal accepted by both parties. These Terms govern your general use of the website and form the baseline for service engagements, but any specific written agreement will control in the event of a conflict as to that engagement.
We reserve the right to modify, suspend, or discontinue any part of the website or any service at any time without notice, to the extent permitted by law. We will use reasonable efforts to provide advance notice of material changes that affect active service engagements.
Unless otherwise agreed in writing, the materials, documentation, and deliverables produced by PengHong during an engagement remain our property until full payment is received, at which point the applicable written agreement will specify the ownership and license rights granted to you for the specific deliverables.
Accounts and Registration
Certain areas of the website or services may require you to create an account or provide registration information. When you do so, you agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss arising from the unauthorized use of your account where that loss results from your failure to safeguard your credentials or notify us promptly.
We may suspend or terminate accounts that we determine, in our reasonable judgment, have been used in violation of these Terms or that present a risk to the security of our systems or other users.
Acceptable Use
You agree to use the website and our services only for lawful purposes and in accordance with these Terms. You agree not to engage in any of the following prohibited activities.
- Using the website or services in any way that violates any applicable law, regulation, or third-party right.
- Attempting to gain unauthorized access to our systems, networks, or accounts, or to the systems of any other user.
- Interfering with or disrupting the operation, security, or performance of the website or services.
- Uploading or transmitting malicious code, viruses, or other harmful material.
- Using automated means, such as bots or scrapers, to access or collect data from the website without our prior written consent.
- Misrepresenting your identity or affiliation, or impersonating any person or entity.
- Reproducing, distributing, or commercially exploiting any content from the website without our prior written permission.
We may investigate suspected violations of this section and cooperate with law enforcement authorities in the prosecution of any unlawful conduct. We may also take technical and legal measures to prevent or stop prohibited activity.
You are responsible for ensuring that any content or data you process through our systems complies with applicable law, including data protection, export control, and intellectual property laws. You agree not to place unlawful, infringing, or excessively sensitive content onto shared infrastructure where doing so would create an unreasonable risk to us or to other users.
Intellectual Property Rights
The website and its entire contents, including text, graphics, logos, icons, images, code, and software, are owned by Kunming PengHong Trading Co., Ltd. or its licensors and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.
You may view, download, and print content from the website solely for your own internal, non-commercial use, provided you keep all proprietary notices intact. You may not modify, reproduce, distribute, create derivative works from, publicly display, or otherwise use any content from the website for commercial purposes without our prior written consent.
The PengHong name, logo, and related marks are trademarks of Kunming PengHong Trading Co., Ltd. You may not use our trademarks in connection with any product or service without our prior written permission.
User Content
You retain ownership of any content, data, or materials you submit to us in the course of an inquiry or service engagement. By submitting content, you grant us a limited, non-exclusive license to use, store, and process that content solely for the purpose of responding to your inquiry or delivering the services you have requested.
You represent and warrant that you own or have the necessary rights to submit any content you provide, and that your content does not infringe the intellectual property, privacy, or other rights of any third party. You are solely responsible for the content you submit and for the consequences of submitting it.
We do not claim ownership of your content, and we will not use it for any purpose unrelated to the services without your consent, except as required by law.
Fees and Payment
The fees for our services are set out in the applicable proposal, statement of work, or written agreement. Unless otherwise stated in that agreement, fees are exclusive of applicable taxes, and you are responsible for any taxes, duties, or levies imposed on the services.
Payment terms, including invoicing schedules and accepted payment methods, are defined in the applicable agreement. Late payments may be subject to interest or suspension of services as described in that agreement. We reserve the right to modify our pricing for new engagements at any time, provided that changes do not affect active agreements already in effect.
You agree to provide accurate billing and contact information and to notify us promptly of any changes. If a payment is disputed, you agree to notify us within the timeframe set out in the applicable agreement so we can resolve the matter in good faith.
Where services are provided on a time and materials basis, we will provide regular progress reports and will not exceed agreed budgets without your prior approval. Where services are provided on a fixed fee basis, the scope of included work and any assumptions are described in the applicable proposal, and changes to scope may be subject to additional fees agreed in writing before work proceeds.
Third-Party Services
Our website and services may integrate with or reference third-party products, platforms, and services that are not under our control. These third-party services are governed by their own terms and privacy policies, and we are not responsible for their content, availability, or performance.
Where we recommend or integrate a third-party service on your behalf, we do so as a convenience, and your use of that service is at your own discretion and risk. You should review the applicable terms of any third-party service before relying on it.
We do not warrant or endorse any third-party service, and no statement on our website should be read as an endorsement unless we expressly say so in writing. Any reliance you place on a third-party service is at your own risk, and you should perform your own due diligence before entering into an agreement with any third-party provider.
Disclaimers and Limitations of Liability
The website and all content and services provided through it are provided on an as-is and as-available basis, without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the website will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected.
To the maximum extent permitted by applicable law, Kunming PengHong Trading Co., Ltd., its officers, directors, employees, and agents 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 related to your use of the website or services, whether based on contract, tort, or otherwise, even if advised of the possibility of such damages.
To the extent any liability cannot be excluded by law, our total aggregate liability arising out of or related to these Terms or your use of the website will not exceed the amount you paid us, if any, in the twelve months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply to the fullest extent permitted by law, and nothing in these Terms is intended to limit any rights you may have that cannot be waived under applicable consumer protection law.
Indemnification
You agree to defend, indemnify, and hold harmless Kunming PengHong Trading Co., Ltd., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services, your violation of these Terms, or your infringement of any third-party right.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter. This obligation survives the termination of these Terms.
Termination
We may suspend or terminate your access to the website or services at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, your right to use the website and services ceases immediately.
You may stop using the website and services at any time. Termination does not relieve you of any obligations accrued before termination, including payment obligations under any applicable agreement. Sections that by their nature should survive termination, including intellectual property, disclaimers, indemnification, and governing law, will survive.
For active service engagements, termination is governed by the terms of the applicable written agreement, including any provisions for notice, transition, and payment for work completed.
Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government action, labor disputes, failures of telecommunications or power infrastructure, or failures of third-party services.
The party affected by a force majeure event will notify the other party as soon as reasonably practicable and will use reasonable efforts to mitigate the impact of the event and resume performance. If the event continues for more than thirty days, either party may terminate the affected engagement by written notice, subject to the payment terms of the applicable agreement for work completed before the event.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Kunming PengHong Trading Co., Ltd. is established, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the website will be resolved in accordance with the following process.
First, the parties agree to attempt to resolve any dispute informally through good faith negotiation. If the dispute cannot be resolved through negotiation within a reasonable period, the parties may pursue resolution through mediation or the courts of the applicable jurisdiction, as permitted by law.
Nothing in this section limits your rights under mandatory consumer protection laws, nor does it prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where appropriate.
Entire Agreement and Severability
These Terms, together with our Privacy Policy and any applicable written agreement, statement of work, or proposal accepted by both parties, constitute the entire agreement between you and Kunming PengHong Trading Co., Ltd. regarding the subject matter described, and supersede all prior or contemporaneous understandings, representations, and communications, whether written or oral.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. The failure of either party to enforce any provision of these Terms will not be treated as a waiver of that provision or of the right to enforce it later.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, services, or legal requirements. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide a more prominent notice on the website.
Your continued use of the website after any changes to these Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the website and services. For active service engagements, the version of these Terms in effect at the time of the applicable written agreement will continue to apply unless otherwise agreed in writing.
Contact Information
If you have questions or concerns about these Terms of Service, please contact us using the details below. We will respond to your inquiry as promptly as possible.
- Company: Kunming PengHong Trading Co., Ltd.
- Address: Room 1109, 11/F, Golden Sun Office Building, 11 Longquan Road, Wuhua District, Kunming - 650000, China (CN)
- Email: reply@penghong.lat
- Phone: +12344462389
- Website: https://www.penghong.lat