USER AGREEMENT
OVERVIEW:
TERMS AND CONDITIONS
(Hereinafter, the “Agreement”)
1.1. Company means AsiaTechQC, its representatives, employees, heirs, successors, and direct associates that provide and enable the provision of Services to Client under the terms set forth in this Agreement.
1.2. Client means “You”, the User, and authorized representative of Your respective company, or any other representatives, heirs, successors or other associates that have been authorized to access and/or order services through Your account.
1.3. Services: The Company offers a wide range of Services, some of which are standardized and others that are specialized for the Client. These Services include, but not limited to:
(1) Online Account and Information for Client;
(2) Quality Control Product Inspection Before Production;
(3) Quality Control Product Inspection During Production;
(4) Quality Control Product Inspection Before Shipment;
(5) Factory Audits;
(6) Legal and Financial Analysis of the Supplier; and
(7) Joint Venture Reporting.
Collectively or any combination of the above are referred to as “Services”; separately, as a “Service”.
1.4. Parties: general term refers collectively to both the Company and the Client. The singular “Party” can refer to either Client or Company.
1.5. Website or Site: The public website of AsiaTechQC at http://www.asiatechqc.com and the associated Online Content therein.
1.6. Online Content: includes databases, archives, public and hidden pages, indexes, content material, links, source code, images, icons, videos, advertisements, text, and Client account pages that can be found by accessing or visiting the Website.
1.7. Confidential Information constitutes any and all unique, private information provided by the Client, whether spoken, written, or electronic, for which the Client holds current ownership rights.
2.1. By reading and using the Website, Content, or Services of the Company, Client agrees to be bound by the following terms and conditions without reservation.
2.2. Both Parties affirm that they have the necessary authority to enter into the Agreement.
2.3. All Services provided or received are equally governed by the Agreement, unless specifically mentioned otherwise.
2.4. The Company expressly reserves the right to update and amend this Agreement at any time without prior approval by the Client. When amendments, updates, or additions are made to the Agreement, the Company shall promptly notify the Client.
3.1. Purpose. The Company agrees to use Confidential Information only for the interests of the Client in the course of rendering Services and not to use Confidential Information for any other purpose.
3.2. Protection. All reasonable measures, due care, and diligence will be taken by the Company to protect and safeguard all Confidential Information received from the Client.
3.3. Disclosure by Force. To the extent of the law, the Company is dedicated to protecting the confidentiality of the Client at all times. If either partial or full disclosure of Confidential Information is required by law, Parties will make every reasonable effort to notify and include the other Party in the disclosure. In such disclosure, neither Party will provide more Confidential Information than is legally required.
3.4. Disclosure by Consent. The Company will not release any Supplier or product information to a third-party unless instructed to do so by the Client or with the Client’s consent.
4.1. Company Obligations
(A) Scope. The Company will not attempt to complete orders by the Client that extend beyond the Company’s expertise, its scope of Services, or the extent of the law.
(B) Professional Employees. It is the Company’s policy to hire, train, and manage trustworthy and technically-competent staff to ensure a high-level of quality and professionalism.
(C) Transfer of Obligations and Subcontracting. The Company agrees not to sub-contract or hire any third-party to carry out the Services for the Client. In the event that the Company cannot render a requested Service without contracting a third-party, the Company will notify the Client and it shall be the Client’s decision whether or not to use the third-party for the Service.
(D) Instructions & Industry Standards.
(1) In the absence of instruction from the Client, the Company will abide by relevant professional standards, custom, usage, or practice that it considers appropriate for rendering the Services based on technical, operational, legal, or financial grounds.
(2) The Company will not follow inspection specifications provided by a third-party unless instructed to do so in writing by the Client or with the Client’s consent.
(E) Efficiency.
(1) Unnecessary or excessive delays that would obstruct production, shipment, or other business operations of the Supplier will be avoided by the Company while rendering Services.
(2) The Client must notify the Company of essential dates that would affect the item, factory, or supplier on which Services are based.
(F) Objective Information.
(1) The Company measures only objective, quantifiable facts, and in no way claims the capacity to interpret subjective or qualitative factors.
(2) Should the Company find an erroneous or inconsistent specification from the Client, the Company will not attempt to measure or inspect that particular specification.
(G) Equipment. The upkeep, maintenance and calibration of instruments owned by the Company for the purposes of Quality Control inspections will be the responsibility of the Company.
4.2. Client Obligations
(A) Scope. Client will not order the Company to carry out services beyond its expertise, involving excessive risk, or in violation of the law.
(B) Transfer of Obligations and Subcontracting. The Client will not attempt to transfer, sell, or subcontract any of their obligations or warranties specified in this Agreement to a third-party without notifying and receiving the consent of the Company.
(C) Instructions.
(1) The Client agrees to provide (and explain if requested) all complete and accurate diagrams, blueprints, instructions, documents, schematics or specifications necessary for the proper inspection of products. The Client must be authorized to provide such information whether through holding ownership rights or the consent of the owner.
(2) Adequate technical, safety, operational, financial and legal information must be made available by the Client for the complete and satisfactory performance of inspections or audits.
(3) If the Client should discover an error in its instructions at any time, it must notify the Company and promptly provide all relevant diagrams, technical documents, schematics or specifications necessary for correcting the error.
(D) Specialized Equipment. The Client will supply or assist in obtaining specialized equipment required for product inspection.
(E) Efficiency.
(1) The Client will notify the Company of essential dates and times affecting the items or companies on which Services are based.
(2) Adequate instructions will be given by the Client in due time to facilitate proper performance of Service by the Company
5.1. Security. Online security and confidentiality are a priority for the Company.
(A) Any breach in the security and confidentiality of usernames, passwords, intellectual property or other private information stored on the Website must be reported to the Company in due time to prevent further trespasses.
(B) The security of Confidential Information on the Website is provided and created by a third-party programming company. Though the Company will take great care in monitoring the integrity of the security system, it cannot be accountable for damages that arise consequentially or incidentally from security programming flaws.
(C) The Client fully assumes responsibility for safeguarding their username and password.
5.2. Payment. The client can pay by Pay Pal or Telegraphic Transfer (“T/T”) for the services provided by the Company. In the event that the Client pay by Pay Pal online, the Company shall not be liable for any issues of payment security.
5.3. Links. The Company is not responsible for the veracity, exactitude or currency of content on external sites that the Client may find or access while using the Website or Services.
5.4. Errors.While every reasonable effort is made to ensure that the information provided on the Website is accurate, no guarantees for the currency or accuracy of information are made.Online Content cannot be immediately fixed or updated. In no event shall the Company be liable for any consequential, incidental or direct damages suffered in the course of using the Content provided on the Website. The Client is encouraged to confirm online information by phone, email or other correspondence directly with a representative of the Company if the accuracy is doubted.
5.5. Viruses. It is the responsibility of the Client to ensure that all instructions, diagrams, or other files transmitted through the Website are free of viruses or other programs that are specifically designed to damage, steal or alter Online Content.
5.6. Email. The security of Confidential Information transmitted electronically can only be protected by the Company’s security measures if this information is transmitted through the Website. Other email service providers, or transmission services, will have to guarantee the safety of the information separately.
5.7. Copyright. All Online Content is subject to copyright held by the Company, as well as the non-disclosure terms found in Section 3.
6. Liability.
6.1. Limitations.
(A) Accuracy
(1) The Company cannot be held accountable for verifying or otherwise establishing the accuracy or integrity of data provided to them by any third-party, governmental organization, or official publication.
(2) In the event that the Company suspects such information to be unreasonable, forged, or incomplete, the suspicion will be noted in the official report to the Client.
(3) The Company has no obligation to fulfill Services to the Client if the information provided by the Client is found or suspected of being incomplete, inaccurate, false, inconsistent, or impossible to verify.
(4) Inthe Company should commit any error in the published report due to false or flawed information provided by the Client, the Client must release the Company from any liability for the results of that error.
(5) No measurement can ever be 100% accurate. Some margin of error or fluctuation in every figure, statistic, and quantity must be expected and accepted. The Company reserves the right to determine the appropriate margin of error for every figure that it reports based on technical, operational, financial, or customary standards, unless the Client specifically requests otherwise. The Company will not accept liability for figures that are inaccurate, but nonetheless fall within their pre-defined margin of error.
(B) Instruments and Equipment.
(1) The Company cannot be held accountable for incomplete or erroneous reports that result from equipment failure or malfunction if such problems are not identified until after the report is published.
(2) If the necessary instruments or equipment cannot be acquired or are malfunctioning, the Company reserves the right to reject, cancel, delay or otherwise fail to complete an order by the Client.
(C) Forces of Nature and Other Service Barriers.
(1) In the event that the Company is prevented from fulfilling requested Services for reasons beyond their control, including forces of nature, strikes, wars, government legislation, labor shortages, material and food shortages, riots, market crashes, and electrical blackouts, the Client agrees to release the Company from liability for partial completion or non-performance of Services.
(2) The Client agrees to pay for partial Services rendered when full Services are unable to be completed for reasons beyond the Company’s control.
(D) Loss. The Company does not presume to be and will not act as an insurer against losses incurred as a result of fulfilling its obligations to the Client. The Client assumes all responsibility for the results of using information provided by the Company, including the costs incurred by rejecting a shipment or canceling an order.
6.2. Acceptance of Liability. While the Company is dedicated to providing accurate and attentive Services, the Company will accept liability only for its recklessness or carelessness that can be proven by the Client.
6.3. Protection from Third Parties. The Company’s Services and obligations start and end with the Client: it is not liable to any third-party, including suppliers or buyers, who might be directly or indirectly involved or otherwise associated with the Client.
7. Termination.
7.1. Services may at any time be rejected or terminated by the Company, with or without notification, if it concludes that the Client
- Has provided erroneous information or instruction;
- Was unauthorized to enter into this Agreement;
- Has violated or otherwise failed to perform their obligations;
- Cannot complete payment;
- Has ceased operating as a business;
- Is operating a business illegally or dangerously;
- Has requested Services that cannot be performed, whether for lack of resources, location access, legal restrictions, or other barriers; or
- Has requested services that would adversely affect the reputation, safety, security, legality, or success of the Company.
7.2. The Client’s account shall remain active as long as the Client remains in accord with this Agreement and continues to conduct business with the Company.
7.3. Termination of Services does not waiver or undermine in any way the conditions set forth in Sections 3, 5, 6, and 8.
8.1. Jurisdiction. The Agreement and the fulfillment of obligations will be subject to and governed by the laws of Singapore.
8.2. Litigation. If any disagreement, claim, or dispute should arise over the content of this agreement, the services provided, or any other obligations implied or explicit between the Parties, it shall be resolved in written agreement through friendly negotiation. Should no resolution be found at the end of thirty (30) days from the point that the offending Party was notified of the complaint, the Parties may take their claims to Singapore International Arbitration Center.
|
