1.Introduction
Welcome to ZestVibe, the computer systems design and computer integrated systems design services provided by Kunming Pingzixin E-Commerce Co., Ltd., a company registered in China with its office at Room 904, 9th Floor, Wenhua Keji Building, No. 371 Qingnian Road, Wuhua District, Kunming, 650000, China (CN).
These Terms of Service govern your access to and use of the website at https://www.zestvibe.autos and the services offered through it. Please read these terms carefully before using the website or engaging our services. By accessing the website or using any of our services, you agree to be bound by these terms.
2.Acceptance of These Terms
By using the website, submitting an inquiry, or entering into a service agreement with us, you confirm that you accept these Terms of Service and that you agree to comply with them. If you do not agree to these terms, you must not use the website or our services.
Where you use our services on behalf of a company or other organization, you confirm that you have authority to bind that organization to these terms. These terms form the entire basis of your use of our website and services, except where a separate signed agreement between the parties states otherwise.
If there is any conflict between these Terms of Service and a signed statement of work, the signed statement of work will prevail for the matters it covers. Our website content is intended for general audiences and does not create obligations beyond those stated in an accepted agreement.
3.Use of the Website
You agree to use the website only for lawful purposes and in a way that does not infringe the rights of any person or restrict or inhibit anyone else from using the website. You must not attempt to gain unauthorised access to the website, our servers, or any systems connected to the site, and you must not introduce any virus, malicious code, or other harmful material.
We may suspend or restrict access to the website at any time for operational, security, or maintenance reasons. We may also make changes to the content and functionality of the website without prior notice. Nothing on the website constitutes a binding offer unless it is confirmed in a signed statement of work.
The website is provided for information about our company and services. You may browse it freely without creating an account, and we do not require any registration to contact us. Please report any fault you find in the site to our support team, and we will investigate it promptly.
4.Our Services
ZestVibe provides professional services in computer systems design, computer integrated systems design, integration engineering, automation, data infrastructure, and security and compliance. The scope of each engagement is defined in a written proposal or statement of work agreed between us and the client.
Our services include analysis of existing environments, architecture design, implementation, integration, testing, deployment, documentation, and ongoing operational support as agreed. Any description of services on this website is provided for general information and does not constitute a binding commitment to deliver a particular result.
We may also provide related professional and technical services that fall within the broader sector of systems design, where those services are agreed in a statement of work. Examples include system audits, performance reviews, and technical training for client staff. Each of these engagements is governed by the same commercial principles described in these terms.
5.Proposals and Quotes
When you request a quote, we will prepare a proposal describing the services, deliverables, timelines, and fees. A proposal is an invitation to enter into an agreement and does not become binding until it is accepted by the client and, where applicable, confirmed by us in writing.
Prices quoted in a proposal remain valid for the period stated in the proposal. Any additional work not included in the agreed scope will be quoted separately and will only proceed after the client approves the additional fee. We reserve the right to refuse any proposal or order for any lawful reason.
A proposal belongs to us until it is accepted, and its contents are provided for the purpose of evaluating the engagement only. The client may share the proposal with its own advisers, but may not publish it or use it to solicit competing bids from other providers without our consent. Acceptance should be communicated in writing to avoid misunderstanding.
6.Client Responsibilities
To deliver our services effectively, we rely on the client to provide accurate information, timely decisions, and reasonable access to the systems, personnel, and facilities involved in the engagement. The client is responsible for ensuring that any data or materials shared with us are lawfully provided and that appropriate rights exist for the work we perform.
The client must also maintain its own backups of critical data and must not rely solely on our systems for the preservation of its information. Delays caused by missing client input may affect project timelines and fees, and we will inform the client promptly when such delays occur.
The client should designate a single point of contact who has the authority to make decisions about scope, approvals, and payments. Clear and prompt decisions help us keep the project on schedule and within budget. We will raise risks and open questions in writing so that nothing waits silently on a decision.
7.Fees and Payment
Fees for our services are set out in the applicable proposal or agreement. Unless otherwise stated, fees are payable on the terms agreed in the statement of work, which may include milestones, monthly invoicing, or payment in advance. Invoices are due within the period stated on the invoice.
If payment is not received by the due date, we may suspend work until the outstanding amount is settled. The client is responsible for any taxes, duties, or similar charges applicable to the services, other than taxes based on our income. Late payments may be subject to interest as permitted by applicable law.
Unless the statement of work says otherwise, quoted fees are exclusive of travel and other out of pocket expenses, which are billed at cost. Expenses are itemised on the invoice so the client can verify them. We will obtain approval before incurring significant discretionary expenses.
8.Intellectual Property
The intellectual property position for each engagement is defined in the statement of work. As a general principle, work products that we create specifically for a client engagement are owned by the client once full payment for that work is received, unless otherwise agreed.
Pre-existing materials, methodologies, frameworks, and tools that we bring to an engagement remain our property, and we grant the client a non-exclusive licence to use such materials only for the operation of the delivered systems. All content on our website, including text, graphics, and branding, is owned by us or our licensors and may not be used without our permission.
Ownership of deliverables transfers only when payment is complete, so it is important that invoices are settled on time. Until transfer, we retain the right to the work product. Third party content embedded in our deliverables remains subject to its own licence terms, which we will disclose in the documentation.
9.Third Party Software and Services
Our work frequently involves the configuration, integration, and operation of software and services provided by third parties. The licence terms of those third parties apply to their own products, and we are not responsible for the functionality, availability, or licensing of third party components beyond the scope of our own work.
Where the client directs us to use a particular third party product, the client is responsible for ensuring that its licences and subscriptions are in order. We will highlight known licensing considerations but do not warrant the suitability of any third party product for the client purposes.
Licensing compliance is the responsibility of the party who owns the affected components. If our work creates a configuration that requires additional licences, we will flag this clearly before it takes effect. We will not purchase licences on behalf of a client without written approval.
10.Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with an engagement and to use that information only for the purpose of the engagement. This obligation applies to technical specifications, business plans, financial data, client data, and any other information marked as confidential or reasonably understood to be confidential.
The obligation does not apply to information that is already public, independently developed, or required to be disclosed by law. We may disclose client information to our personnel and subcontractors who need it to perform the work and who are bound by similar confidentiality obligations.
11.Warranties
We warrant that our services will be performed using reasonable skill and care, consistent with professional standards in the computer systems design industry. Where our work is accepted by the client, we agree to remedy material defects in that work that are reported during any warranty period stated in the statement of work.
This warranty does not cover defects arising from changes made by the client, misuse, use of the systems in an environment other than that agreed, or failure by the client to follow our documentation and recommendations. Except as expressly stated, we provide our services and deliverables on an as is basis without any other warranties, express or implied.
To claim under the warranty, the client must report the defect in writing with enough detail for us to reproduce it. We will assess the report and, if the claim is valid, correct the defect within a reasonable time. Corrections are made without additional charge during the warranty period.
12.Disclaimer of Liability
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law. Subject to that, we will not be liable to the client for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill, arising out of or in connection with the services or this agreement.
Our total aggregate liability to the client arising from or related to an engagement will not exceed the total fees paid by the client for the specific engagement giving rise to the claim. These limits apply whether the claim is based in contract, tort, or otherwise.
Because our services often depend on systems and data provided by the client, we cannot guarantee that results will be error free in every circumstance. The client is encouraged to verify the delivered systems against its own acceptance criteria before relying on them in production. Acceptance testing is a standard part of every engagement.
13.Indemnification
The client agrees to indemnify and hold us harmless from and against any claims, damages, losses, and reasonable expenses arising out of the client use of our services, the client content or data provided to us, the client breach of these terms, or the client infringement of any third party rights.
We will promptly notify the client of any claim subject to this indemnity and will provide the client with reasonable assistance in defending it. We reserve the right to handle the defence of any claim, and in that case the client will reimburse us for reasonable costs incurred.
14.Service Level and Support
Where the statement of work includes operational support, we provide support services during the hours and at the response times defined in the agreement. Our support desk operates around the clock for critical issues as agreed in the applicable service level terms.
We monitor the systems we operate and work to maintain the availability targets stated in the agreement. Planned maintenance will be scheduled with reasonable notice where practical. Service level commitments apply only to the systems and services specified in the agreement and only while the client meets its payment and cooperation obligations.
Response targets are measured from the time a support ticket is received by our desk to the time we acknowledge and begin work. We provide an incident report at the close of any critical incident, describing what happened and the corrective actions taken. Regular status reporting keeps the client informed without requiring them to chase for updates.
15.Term and Termination
Agreements for ongoing services continue for the term stated in the statement of work and may be renewed by mutual agreement. Either party may terminate a project based agreement with written notice if the other party materially breaches the agreement and fails to remedy the breach within thirty days of written notice.
Either party may also terminate immediately if the other party becomes insolvent or ceases to carry on business. Upon termination, the client must pay for all work completed and all fees due up to the effective date of termination. Provisions that by their nature should survive termination, including confidentiality, intellectual property, and limitation of liability, will continue to apply.
16.Governing Law and Dispute Resolution
These Terms of Service are governed by the laws of the jurisdiction in which our company is registered, unless the parties agree otherwise in a signed statement of work. The parties will attempt in good faith to resolve any dispute arising out of or in connection with these terms through negotiation.
If the dispute cannot be resolved through negotiation, the parties may pursue mediation before resorting to litigation. Any legal proceedings arising from these terms will be brought in the courts of competent jurisdiction as determined by applicable law. Nothing in this section prevents either party from seeking urgent interim or injunctive relief.
Before beginning a dispute, each party will give the other written notice describing the issue. The parties will then hold a meeting, in person or by video, within twenty days to attempt a settlement. If the meeting does not resolve the matter, the parties may proceed as described in this section.
17.Changes to These Terms
We may revise these Terms of Service from time to time to reflect changes in our services, in the law, or in our business practices. When we make material changes, we will update the last updated date at the top of this page and, where appropriate, notify users by email.
The revised terms will apply to your continued use of the website and to any services agreed after the change takes effect. It is your responsibility to review these terms periodically. Continued use of the website or our services following any change constitutes acceptance of the revised terms.
Where a change has a material effect on the client, we will draw attention to it in the notification email. Substantive changes take effect thirty days after publication so that affected parties have time to review. Revisions that are purely editorial, such as corrections of typos, take effect immediately.
18.Contact Information
If you have any questions about these Terms of Service, you can reach us by email at office@zestvibe.autos or by telephone at +19707802579. Our mailing address is Room 904, 9th Floor, Wenhua Keji Building, No. 371 Qingnian Road, Wuhua District, Kunming, 650000, China (CN).
We aim to respond to all inquiries within two business days. For urgent matters, please include the word urgent in the subject line of your email so that our team can prioritise your request.