1. Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of the Kun Ding website ("Site") and any custom software development services we provide ("Services"). By using the Site or engaging us, you agree to these Terms. If you do not agree, do not use the Site or engage us.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you accept these Terms on behalf of a company, you represent that you have authority to bind that company.
3. Our services
Kun Ding provides custom software development services, including but not limited to web applications, APIs, mini-programs, and automation pipelines. The specific scope, deliverables, fees, and timeline of any engagement are set out in a separate Statement of Work ("SOW") or written agreement signed by both parties.
The Site itself is provided for informational purposes. Information on the Site does not constitute an offer or a binding commitment.
4. Project engagements
Each engagement is governed by a written SOW that details:
- Scope of work and deliverables
- Acceptance criteria
- Timeline and milestones
- Fees and payment schedule
- Change-order process
Any change to scope after the SOW is signed must be documented in a written change order signed by both parties before work proceeds.
5. Payment
Unless otherwise stated in the SOW:
- Invoices are payable within 14 days of issue.
- Late payments accrue interest at 1.5% per month (or the maximum permitted by law, whichever is less).
- You are responsible for applicable taxes other than taxes on our income.
- Refunds, where applicable, are governed by our Refund Policy.
6. Intellectual property
Code and deliverables specifically created for you under an engagement are assigned to you upon full payment, as detailed in our Code & IP Ownership policy. Pre-existing tools, methods, libraries, and components developed by us before or independently of an engagement remain our property; you receive a perpetual, non-exclusive license to use them as part of the deliverables.
7. Confidentiality
Each party agrees to keep the other party's confidential information confidential and use it only for the purposes of the engagement. Confidentiality obligations survive termination for a period of three (3) years.
8. Warranties & disclaimers
We warrant that Services will be performed in a professional and workmanlike manner. Except as expressly stated, the Site and Services are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of liability
To the maximum extent permitted by law:
- Neither party will be liable for indirect, incidental, special, consequential, or punitive damages.
- Our total liability under any engagement is limited to the fees paid by you for the specific engagement giving rise to the claim during the three (3) months preceding the event.
- These limitations do not apply to liability arising from a party's gross negligence, willful misconduct, or breach of confidentiality obligations.
10. Indemnification
You agree to indemnify and hold us harmless from claims arising out of your misuse of the Services, your violation of law, or content or materials you provide that infringe a third party's rights.
11. Termination
Either party may terminate an engagement for material breach if the other party fails to cure within 30 days of written notice. Upon termination, you remain responsible for fees earned through the date of termination. Sections relating to IP, confidentiality, liability, and governing law survive termination.
12. Governing law & dispute resolution
These Terms are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict-of-laws rules.
Any dispute, controversy, or claim arising out of or relating to these Terms — including any question regarding existence, validity, or termination — shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force at the time of submission. The seat of arbitration shall be Hong Kong, the number of arbitrators shall be one (1), and the language of arbitration shall be English. The arbitral award shall be final and binding on the parties.
Class action waiver. To the maximum extent permitted by applicable law, you and we agree that disputes will be resolved only on an individual basis. You waive any right to participate as a plaintiff or class member in any purported class action, collective action, consolidated action, or representative proceeding. The arbitrator may not consolidate more than one party's claims or otherwise preside over any form of representative proceeding.
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
13. Changes to these terms
We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. Continued use of the Site after a change means you accept the updated Terms.
14. Contact
Questions about these Terms? Email wava2980@gmail.com.