These Terms of Service govern the use of this website and the professional services provided by BALU ECOMMERCE LIMITED, a computer systems design practice based in Tsim Sha Tsui, Hong Kong (HK). The developer name associated with this website is BaluEcom.
Please read these terms carefully. By accessing this website, submitting an enquiry, or engaging our services, you agree to be bound by the terms set out below. If a signed services agreement exists between you and the company, that agreement prevails over these terms to the extent of any conflict.
1. Acceptance of Terms
By accessing, browsing, or otherwise using this website, you confirm that you have read, understood, and agreed to these Terms of Service. If you do not agree, you must stop using the website and must not submit an enquiry or engage our services through it.
These terms apply together with our Privacy Policy, which explains how we handle personal information. Where you engage us for services, these terms apply alongside the specific proposal or statement of work that describes the engagement.
2. Definitions
In these terms, the words the company, we, us, and our refer to BALU ECOMMERCE LIMITED. The words you and client refer to the person or organisation accessing this website or engaging our services. Deliverables means the documents, configurations, software, reports, and other materials we produce under an engagement. Services means the computer integrated systems design and related consulting work we provide.
An engagement means a specific piece of work agreed between you and the company, whether recorded in a signed agreement, an accepted proposal, or a written exchange that sets out the work and the fee. Site means this website and its content.
3. Eligibility and Authority
This website and our services are intended for organisations and for individuals acting in a professional capacity. By using the site or engaging us, you confirm that you have the legal capacity to enter into a binding agreement and, where you act for an organisation, that you are authorised to bind that organisation.
We may decline to provide services, or to continue providing services, where we cannot verify authority, where an engagement would create a conflict, or where we believe the work would require us to act unlawfully or unprofessionally.
4. Scope of Services
The company provides computer integrated systems design and related professional and technical services. Our service lines include Integrated Systems Architecture, Enterprise Platform Integration, Cloud Infrastructure Engineering, Managed IT Operations, Data Pipeline and Analytics Systems, and Security and Compliance Design.
The precise scope of any engagement is defined in the relevant proposal or statement of work. Work that falls outside the agreed scope requires a written change request before it is performed. We may suggest improvements during an engagement, but we are not obliged to perform additional work without an agreed variation.
Unless a proposal states otherwise, our services are advisory and engineering services. We do not sell third party software licenses, and we do not warrant the performance of third party products except to the extent required by law.
5. Proposals and Engagements
We prepare proposals based on the information available at the time. A proposal remains open for the period stated in it and, if no period is stated, for thirty days. An engagement is formed when you accept a proposal in writing or when we begin work at your written instruction.
Estimates of effort and schedule are made in good faith using the information available. They are not guarantees unless a proposal expressly states that a particular date or volume is fixed. Where assumptions in a proposal prove incorrect, we will discuss the impact and agree any necessary adjustment with you.
6. Client Responsibilities
Successful delivery depends on cooperation. You agree to provide timely access to the people, systems, information, and environments that the engagement requires. You agree to nominate a point of contact who can make decisions and approve deliverables on your behalf.
You are responsible for the accuracy of information you provide and for ensuring that you have the right to grant us access to any system, account, or dataset involved in the work. You agree to obtain any consents required before sharing data with us, and to inform us of any legal or contractual restriction that affects the engagement.
Where you delay providing access or decisions, schedules may shift. We will notify you of any material impact and may adjust the plan accordingly.
7. Fees and Payment
Fees are set out in the relevant proposal and may be fixed, time based, or structured as a retainer. Unless stated otherwise, invoices are issued according to the schedule in the proposal and are payable within thirty days of the invoice date.
Amounts that remain unpaid after the due date may attract interest at the rate stated in the proposal or, if none is stated, at a reasonable commercial rate permitted by law. You agree to pay reasonable costs of recovering overdue amounts where payment is not made.
We may suspend work where undisputed invoices remain unpaid beyond a reasonable period, after giving notice and an opportunity to pay. Suspension does not relieve you of the obligation to pay for work already performed.
8. Taxes
Fees are exclusive of applicable taxes, duties, and levies, unless a proposal states otherwise. You are responsible for any tax that applies to the services, other than tax on our own income. Where we are required to collect a tax, it will be added to the invoice and identified separately.
If a withholding tax applies in your jurisdiction, you agree to provide documentation of the withholding and to cooperate with us to claim any available relief under an applicable treaty.
9. Intellectual Property
Each party retains ownership of the intellectual property it brought to the engagement. The company retains ownership of its pre existing methods, tools, templates, reference architectures, and know how, together with any improvements to them.
Upon full payment of the fees for an engagement, the company grants the client a perpetual, non exclusive licence to use the deliverables produced specifically for that engagement, for the client internal business purposes. Unless a proposal expressly assigns ownership, no transfer of ownership in our background materials takes place.
We may retain the right to describe the general nature of work performed, without disclosing confidential information, for the purpose of demonstrating our experience. Any such description respects the confidentiality obligations in these terms.
10. Client Materials and Data
You retain ownership of the materials, data, and systems you provide to us. You grant us a limited licence to use those materials only as necessary to perform the engagement. We handle client data in accordance with our Privacy Policy and the confidentiality obligations in these terms.
Where we process records on your behalf, we do so under your written instructions. We use test data and limited access where possible so that production records are touched as little as necessary. At the end of an engagement, we return or delete client materials according to the agreement and our legal obligations.
11. Confidentiality
Each party may receive confidential information from the other. Confidential information includes non public business, technical, financial, and operational details disclosed in connection with an engagement, whether or not marked as confidential.
The receiving party agrees to use confidential information only for the purposes of the engagement and to protect it with reasonable care. These obligations do not apply to information that is or becomes public through no fault of the receiving party, that was already known without a duty of confidentiality, that is independently developed, or that is required to be disclosed by law or a regulator.
Where disclosure is required, the disclosing party will be notified where lawful so that protective measures can be sought. Confidentiality obligations continue after the engagement ends.
12. Acceptable Use
You agree to use this website lawfully and not to interfere with its operation. You must not attempt to gain unauthorised access to any part of the site, to our systems, or to the systems of others through the site. You must not introduce malicious code, conduct denial of service attacks, or use automated means to scrape content in a manner that degrades the service for others.
You must not use the website or our services to violate any law, to infringe the rights of others, or to transmit unlawful, defamatory, or harmful content. Where we detect misuse, we may restrict access and take such further action as is appropriate.
13. Third Party Components
Engagements may involve third party platforms, libraries, cloud services, and tools. Those components are governed by their own licences and terms, which you are responsible for reviewing and complying with. We select components with reasonable care, but we do not control them and cannot guarantee their continued availability or behaviour.
Where a third party changes its terms, withdraws a service, or introduces a defect, we will work with you to assess the impact and to identify a suitable response. Any remedial work required is treated as a new scope unless the original proposal provides otherwise.
14. Service Levels and Support
Where an engagement includes managed operations, the applicable service levels, support hours, response targets, and escalation paths are set out in the proposal or a service level schedule. Service levels do not apply where a failure results from a cause outside our control, from changes made by third parties, or from client systems that we do not manage.
Support outside agreed hours is available where the engagement provides for it. We will make reasonable efforts to respond to urgent matters promptly, and we will keep clients informed of progress during significant incidents.
15. Warranties
We warrant that our services will be performed with reasonable skill and care by suitably qualified personnel, and that deliverables will materially conform to the description in the relevant proposal. This warranty applies for thirty days after delivery of the affected deliverable unless a proposal states a different period.
Except as expressly stated, and to the fullest extent permitted by law, we disclaim all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that any system will be free from defects or that its operation will be uninterrupted.
Where a deliverable does not conform to the agreed description, your remedy is for us to correct it within a reasonable time. If we cannot correct it, you may terminate the affected part of the engagement and receive a refund of fees paid for the non conforming deliverable.
16. Limitation of Liability
To the fullest extent permitted by law, the company is not liable for indirect, incidental, special, consequential, or punitive damages, nor for lost profits, lost revenue, lost data, or business interruption, however caused and regardless of the theory of liability.
Our total aggregate liability arising from or connected with an engagement is limited to the fees paid or payable by you to the company for that engagement in the twelve months preceding the event giving rise to the claim. Where services are provided at no charge, our liability is limited to the amount permitted by law.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.
17. Indemnity
You agree to indemnify and hold the company harmless from claims, losses, and reasonable expenses arising from your breach of these terms, from your misuse of the website or services, from materials or data you provide that infringe the rights of a third party, and from your failure to obtain any consent required for the engagement.
The company agrees to indemnify you from third party claims that our deliverables, used as permitted, infringe that third party intellectual property rights, provided you notify us promptly, allow us to control the defence, and provide reasonable cooperation. This indemnity does not apply where the claim arises from materials you provided or from modifications made without our consent.
18. Term and Termination
These terms apply for as long as you use the website or have an active engagement with the company. Either party may terminate an engagement for material breach that remains uncured thirty days after written notice, or immediately where the other party becomes insolvent or unable to perform.
You may terminate an engagement for convenience on the notice period stated in the proposal or, if none is stated, on thirty days written notice. On termination, you pay for work performed and for non cancellable commitments made up to the effective date of termination.
Provisions that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability, and governing law, continue in effect.
19. Force Majeure
Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemics, government action, failures of telecommunications or power, and widespread failures of cloud infrastructure providers.
The affected party will notify the other promptly and will make reasonable efforts to mitigate the impact and resume performance. If the event continues for more than sixty days, either party may terminate the affected engagement without further liability.
20. Governing Law and Disputes
These terms are governed by the laws of Hong Kong (HK). The parties submit to the exclusive jurisdiction of the courts of Hong Kong (HK), except that either party may seek interim relief in any court of competent jurisdiction to protect its rights.
Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute through discussion between senior representatives. If the dispute is not resolved within thirty days, either party may proceed to formal resolution. Nothing in this clause prevents either party from seeking urgent protective relief.
21. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our practice or in applicable law. The effective date at the top of this page indicates the current version. Material changes will be communicated in a manner appropriate to their significance.
Your continued use of the website after an updated version is posted indicates acceptance of the revised terms. Engagements already in progress are governed by the terms in effect when the engagement was formed, unless the parties agree otherwise in writing.
22. Contact Information
Questions about these Terms of Service are welcome. Please contact the company using the details below.
Developer and service provider: BaluEcom, operating as BALU ECOMMERCE LIMITED.
Address: Rm 1120 11/F OCEAN CTR HARBOUR CITY, Tsim Sha Tsui, Hong Kong (HK).
Email: support@baluecom.buzz. Telephone: +15418041783.
We will review your message and respond within a reasonable period. Where a question concerns an active engagement, please include the engagement reference so that we can direct your enquiry appropriately.