Terms of Service

1. Acceptance of These Terms

By opening this website, sending a letter to the studio, or engaging the company for a desk sitting or other service, you agree to these Terms. If you do not agree, please stop using the website and do not engage the studio. If you act on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms, and the words you and your refer to both you personally and that organisation.

These Terms apply together with any signed proposal, statement of work or master agreement between you and the company. If a signed document conflicts with these Terms, the signed document controls for that engagement, and these Terms continue to govern everything else, including your use of the website.

2. Definitions

In these Terms, the company means KunMing XinHuiLu E-Commerce Co., Ltd. The studio means the desk, people and processes through which the company delivers its work. The website means the pages served at https://www.newglowecom.lol and any subdomain that the company operates. Services means the design, integration, review and support work described on the website or in an engagement document, including contact sheet bays, glow note runs, seller letter desks, window windows, stock review rounds and desk sittings.

Deliverables means the reports, diagrams, contact sheets, letters, configuration and software artefacts that the company prepares for a client. Client materials means anything the client supplies, such as documents, data, credentials, brand assets and process descriptions. Business day means a day other than a Saturday, Sunday or public holiday in KunMing City.

3. Eligibility and Business Use

The website and the services are offered to businesses and professional users. You must be at least eighteen years old and legally able to enter a contract to engage the company. If you are under eighteen, you may use the website only with the involvement of a parent or guardian, and you may not engage the studio directly.

The services are designed for commercial and professional use. Consumer protection rules that apply automatically in your country are not excluded by these Terms, but the parties acknowledge that the engagement is expected to be a business to business relationship.

4. Use of the Website

The company grants you a limited, revocable, non-exclusive and non-transferable permission to view the website and to use its forms for their intended purpose. You may print or save a reasonable number of pages for your own reference and for internal business discussion. You may not use the website for any other purpose without written permission.

The permission ends automatically if you breach these Terms. The company may change, suspend or withdraw any part of the website at any time, and it does not promise that any particular page, feature or form will remain available. The company will try to give reasonable notice of a change that materially affects an active engagement.

5. Prohibited Conduct

You agree not to do any of the following while using the website or dealing with the studio.

• Attempt to gain unauthorised access to any system, account, server or network connected to the website.
• Probe, scan or test the vulnerability of the website without prior written permission.
• Send automated requests at a volume that interferes with the experience of other visitors.
• Upload malicious code, scripts, links or files through any form or letter.
• Impersonate another person, organisation or member of the studio.
• Use the website to distribute unlawful, defamatory, harassing or infringing content.
• Scrape, harvest or copy substantial parts of the website content for a competing service.
• Remove or alter any notice of ownership, confidentiality or copyright.
• Use the studio name or the developer name in a way that suggests a partnership or endorsement that does not exist.

The company may take reasonable technical and legal steps to stop prohibited conduct, including blocking traffic, preserving evidence and reporting the matter to the relevant authority.

6. Studio Services

The studio works in Computer Systems Design and Related Services, within the Professional, Scientific, and Technical Services sector. Its focus is computer integrated systems design, together with the seller workflows and paperwork that surround such systems. The six desks described on the services page are the standard way the company organises its work, but they are descriptions of method rather than fixed products, and the exact scope of any engagement is set in the applicable proposal.

The company will perform the services with reasonable skill and care, using suitably experienced people and following accepted practice in its field. The company may involve contractors or specialist partners where that is appropriate, and it remains responsible to the client for the work those people perform. Unless a proposal states otherwise, the services do not include hosting, ongoing monitoring, hardware supply, legal advice or tax advice.

7. Proposals and Engagements

A proposal from the studio is an invitation to engage and not a binding offer until the company confirms acceptance in writing. An engagement begins when the client signs a proposal or statement of work or, where the parties agree to begin on a shorter written confirmation, when the company confirms the scope and any deposit in writing. The engagement document sets out the scope, the timetable, the fees and the assumptions, and these Terms fill in the rest.

Any estimate of time or effort is given in good faith and is based on the information available when the proposal was prepared. If the information changes or if the client requests additional work, the company will discuss the effect on scope, timetable and fees before doing the additional work. Neither party is obliged to continue beyond the scope of the engagement document.

8. Fees and Payment

Fees are stated in the engagement document and are exclusive of taxes unless the document says otherwise. The client is responsible for any sales, use, value added or withholding tax that applies, other than tax on the company income. Where the law requires the client to withhold tax, the client will provide a valid certificate and will cooperate so that the company receives the intended amount.

Invoices are payable within the period stated on the invoice or, where no period is stated, within thirty days of the invoice date. The company may charge interest on overdue amounts at a reasonable commercial rate, and it may suspend work while a valid invoice remains unpaid after a written reminder. Amounts already paid for work properly performed are not refundable except where these Terms or applicable law require a refund.

The client is responsible for reasonable costs caused by a payment instruction that fails, such as bank charges, and for any currency conversion cost that arises from paying from another country. The company will provide the information reasonably needed to make a payment, and it will not request changes to bank details in a way that bypasses a verification step the parties have agreed.

9. Client Responsibilities

The client will give the studio accurate information, timely decisions and reasonable access to the people and systems needed to perform the engagement. The client will make sure it has the right to supply any client materials, including seller lists, process documents, credentials and brand assets. The client will appoint a person with authority to approve deliverables and will respond to requests for approval within the period agreed in the engagement document.

Where the client supplies credentials, the client will provide accounts created for the engagement where the system allows it, rather than personal accounts, and it will revoke access when the engagement ends. Delay caused by a failure to meet client responsibilities may affect the timetable, and the company will not be responsible for a delay that results from such a failure. The company may charge for time lost because of a rescheduled sitting where the client cancels with less than two business days of notice.

10. Deliverables and Acceptance

The company will present each deliverable for review in the form described in the engagement document. The client will review it within the stated period and will either accept it or give a consolidated list of specific, reasonable comments that stay within the agreed scope. The company will address those comments and will present the revised deliverable for final acceptance.

A deliverable is deemed accepted when the client confirms acceptance in writing, when the client uses the deliverable in production, or when the review period ends without a substantive response. Acceptance does not remove the company obligation to correct a material defect that appears within the warranty period stated in the engagement document, or within thirty days where no period is stated.

11. Intellectual Property

The website, its text, layout, visual devices, code and design are owned by the company or used under licence, and they are protected by copyright and other laws. Nothing in these Terms transfers ownership of the website to you. You may not reproduce the design as a template, resell it or present it as your own work.

For project work, the company retains ownership of its pre-existing tools, methods, components and know-how, and it grants the client a licence to use those elements to the extent they are embedded in a deliverable for the client internal business. Ownership of bespoke deliverables transfers to the client on full payment, unless the engagement document says otherwise. The company keeps the right to describe the engagement in general terms in its studio record, without disclosing client confidential information.

Client materials remain the property of the client or its licensors. The client grants the company a licence to use client materials only as needed to perform the engagement, and that licence ends when the engagement ends, except where retention is required by law or by these Terms.

12. Third Party Materials and Tools

An engagement may involve third party software, cloud platforms or open source components. Those items are governed by their own licence terms, and the client is responsible for accepting and complying with them. The company will identify the significant third party components in a deliverable where that is practical, and it will tell the client about any licence term that materially affects the client ability to use the result.

The company does not control third party platforms and cannot guarantee that they will remain available, compatible or affordable. If a third party changes a service in a way that affects a deliverable, the parties will discuss a reasonable remedy, and any additional work will be handled as a new scope item.

13. Confidentiality

Each party will keep the other party confidential information private, will use it only for the engagement, and will protect it with reasonable care. Confidential information includes process descriptions, seller lists, pricing, system details and any document marked as confidential. It does not include information that is public through no breach, that the recipient already held lawfully, or that a recipient independently develops without using the other party information.

A party may disclose confidential information when the law requires it, provided that the party gives prompt notice where lawful and cooperates in any reasonable effort to limit the disclosure. The confidentiality obligation survives the end of the engagement for a period of three years, and it survives indefinitely for information that is a trade secret.

14. Data and Privacy

Personal information is handled in line with the Privacy Policy published on this website, which forms part of these Terms by reference. In short, the company collects a narrow set of information to answer letters and to deliver work, it does not sell personal information, and it applies reasonable security.

Where the company processes personal information on behalf of a client, the client remains the controller and is responsible for the legal basis, for notices to the people affected and for responding to their requests. The company will process that information only on documented instructions, will keep it confidential, will apply appropriate security and will assist the client with reasonable requests relating to the engagement, subject to the fees set out in the engagement document for substantial assistance.

15. Warranties and Disclaimers

The company warrants that it has the right to enter these Terms, that it will perform the services with reasonable skill and care, and that a deliverable will materially conform to the description in the engagement document for the warranty period. The remedy for a breach of this warranty is correction of the defect or, where correction is not practicable, a proportionate refund of the fee paid for the affected deliverable.

Except as stated in this section, the website and the services are provided as they are. The company does not promise that the website will be uninterrupted, error free or free of harmful components, and it does not promise any particular commercial result from an engagement. Advice and opinions in a deliverable are given for the specific situation described in the engagement, and the client remains responsible for its own business decisions.

16. Limitation of Liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of anticipated savings, loss of reputation or loss of data, however caused and whether or not the possibility of that loss was known. The company total liability arising from or in connection with an engagement is limited to the total fees paid by the client under the engagement document in the twelve months before the event that gave rise to the liability.

Nothing in these Terms excludes or limits liability for fraud, for wilful misconduct, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded. Where a jurisdiction does not allow a particular limitation, that limitation applies to the fullest extent the law permits, and the remaining limitations stay in force.

17. Indemnity

The client will indemnify the company against a claim by a third party that arises from client materials, from a system or instruction the client supplied, or from the client use of a deliverable outside the scope described in the engagement document. The company will indemnify the client against a claim that a bespoke deliverable, as supplied and used as intended, infringes a third party intellectual property right.

A party seeking indemnity will give prompt notice, will allow the other party to control the defence where the other party accepts that obligation, and will cooperate reasonably. A party may not settle a claim in a way that admits fault for the other party without consent. Any indemnity is subject to the limitation of liability in these Terms.

18. Suspension and Termination

Either party may terminate an engagement for convenience by giving thirty days of written notice, unless the engagement document sets a different period. Either party may terminate immediately for a material breach that remains uncured fourteen days after written notice, or for insolvency or a comparable event. The company may suspend work, or restrict access to the website, where a lawful reason exists, such as a security risk or an unpaid invoice.

On termination, the client will pay for work performed and for commitments properly incurred up to the termination date, and the company will hand over work in progress in the form then available. The provisions on confidentiality, intellectual property, fees, liability, indemnity and governing law survive termination, and each party will return or delete confidential information as these Terms require.

19. Force Majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, such as a natural disaster, an epidemic, a public order measure, a widespread network failure or a failure of a utility that could not reasonably be avoided. The affected party will tell the other party promptly and will take reasonable steps to reduce the impact.

If a force majeure event continues for more than sixty days, either party may end the affected engagement by written notice. Amounts already due for work performed before the event remain payable, and the company will hand over any work in progress.

20. Governing Law and Disputes

These Terms are governed by the laws of China, without regard to conflict of law rules. The parties will first try to settle a dispute through a good faith discussion between nominated representatives within twenty business days. If that discussion does not settle the matter, the dispute will be referred to the competent court in KunMing City, unless the engagement document names another forum.

Nothing in this section prevents a party from asking a court for urgent relief to protect confidential information or intellectual property. Each party will bear its own costs in a dispute, except where a court orders otherwise. The parties will keep the existence and content of a dispute private to the extent the law permits.

21. General Provisions

These Terms, together with the Privacy Policy and any engagement document, form the entire agreement between the parties on their subject matter. A failure to enforce a provision is not a waiver of that provision. If a provision is found invalid, the rest of these Terms remain in force and the parties will replace the invalid provision with a valid one that reflects the original intent as closely as possible.

A party may not assign an engagement without the other party written consent, except to a successor in connection with a merger, acquisition or sale of substantially all assets. Notices to the company must be sent to contact@newglowecom.lol or to the registered address, and notices to the client may be sent to the email address the client provided. These Terms are written in English, and an English version controls if a translation is provided for convenience.

The headings in these Terms are for reading convenience only. A reference to a document includes that document as amended in line with these Terms. The word including does not limit the general words that come before it.

22. Contact

Questions about these Terms should be sent to KunMing XinHuiLu E-Commerce Co., Ltd., Room 1109, 11/F, Culture Technology Building, No 371 Qingnian Road, Wuhua District, KunMing City - 650000, China (CN). The studio can be reached by email at contact@newglowecom.lol and by telephone at +13467782384 during studio hours. Please include the name of your organisation and the engagement you have in mind so that the studio can route the letter to the right desk.

The studio thanks you for reading these Terms carefully. A clear agreement protects both the client and the desk, and it leaves more time for the work of light, note and send.