Terms of Service

Introduction and Acceptance of Terms

These Terms of Service govern your access to and use of the website located at https://www.aquatracy.buzz and the services provided by AquaTracy, a practice of Aqua Tracy Limited. By accessing our website, contacting us, or engaging our services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree with any part of these Terms, you must not use our website or services.

Please read these Terms carefully before using our website or commissioning any work. They set out important information about your rights and obligations, the limits of our liability, and how disputes will be handled. These Terms apply to all visitors to the website and to all clients who engage our services, whether as an individual or on behalf of an organization.

If you are entering into these Terms on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these Terms. In that case, references to you in these Terms refer to the entity you represent.

About AquaTracy

AquaTracy is the systems design practice of Aqua Tracy Limited, an organization operating within the Computer Systems Design and Related Services industry, part of the Professional, Scientific, and Technical Services sector. We provide computer integrated systems design, cloud architecture, data integration, automation, and security engineering services to businesses and professional organizations.

Our registered business address is Rm 905B 9/F HONG KONG IND CTR BLK B, 489-491 CASTLE PEAK RD, Cheung Sha Wan, Hong Kong (HK). You can contact us by email at lvigtk@gmail.com or by telephone at +14358506872. Our website is https://www.aquatracy.buzz.

Throughout these Terms, the terms AquaTracy, the Company, we, us, and our refer to Aqua Tracy Limited, and the terms you and your refer to the person or organization using our website or services.

Definitions

For clarity, certain terms used throughout these Terms have the following meanings. Services means the computer systems design and related services that we provide, including consulting, architecture, integration, automation, and security engineering work. Website means the website at https://www.aquatracy.buzz and all pages, content, and functionality available on it.

Content means all text, graphics, designs, software, data, and other materials made available through the website or delivered as part of our services. Client means any person or organization that commissions or receives our services. Project means any specific engagement or piece of work agreed between us and a client. Deliverables means the work products, documentation, software, and other outputs we produce as part of a project.

Where these Terms refer to a written agreement or an engagement letter, this means the specific document or documents that describe the scope, fees, and timeline of a particular project. In the event of a conflict between these Terms and a signed engagement letter, the engagement letter will govern to the extent of that conflict.

Use of This Website

You may use our website for lawful purposes only. You agree not to use the website in any way that violates applicable law, infringes the rights of any third party, or disrupts the operation of the website. You must not attempt to gain unauthorized access to our systems, interfere with the security of the website, or use the website to distribute harmful software or unsolicited communications.

The content on our website is provided for general information purposes only. While we work to keep it accurate and current, we do not guarantee that the information is complete, error-free, or suitable for your specific circumstances. You should not rely on website content as professional advice without speaking to us directly about your particular needs.

We may modify, suspend, or discontinue any part of the website at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the website or any of its features.

Our Services

AquaTracy provides a range of computer systems design and related services. Our work includes systems architecture, cloud and infrastructure design, data integration, process automation, and security and compliance engineering. We tailor every engagement to the needs of the client, and the specific scope of any project is described in the relevant proposal or engagement letter.

Unless expressly agreed in writing, we provide our services on a professional consulting basis. We use reasonable skill and care in performing our work, and we aim to deliver high quality results that meet the agreed objectives. However, outcomes in technology projects can be affected by factors beyond our control, including changes to third party systems, client environment conditions, and evolving requirements.

Any timeline or estimate we provide is based on the information available at the time and is given in good faith as an estimate only. We are not responsible for delays caused by circumstances outside our reasonable control, and we will communicate promptly with you about any material change to a project plan.

Client Responsibilities

Successful delivery of our services depends on cooperation from you and your team. You agree to provide us with timely access to the information, systems, personnel, and decisions we reasonably need to perform our work. You are responsible for the accuracy and completeness of the information you provide, and we rely on that information when designing and building your systems.

You are responsible for maintaining appropriate backups of your own data and for ensuring that your existing systems remain in a workable condition during and after our engagement. You are also responsible for the security of credentials and access you provide to us, and for revoking that access once a project is complete or when access is no longer required.

Where our work depends on third party services, software, or vendors, you are responsible for your own relationship with those third parties, including any separate terms, licenses, or fees that apply. We will help you coordinate with third parties where our engagement includes that support, but we do not assume responsibility for their performance.

Intellectual Property

All content on our website, including text, graphics, logos, and design elements, is owned by Aqua Tracy Limited or its licensors and is protected by intellectual property laws. You may view and print pages from the website for your own lawful, non-commercial use, but you may not copy, reproduce, distribute, or create derivative works from the website content without our prior written consent.

With respect to project deliverables, ownership of the work products we create is addressed in the applicable engagement letter. Unless otherwise agreed in writing, we retain ownership of our pre-existing materials, methodologies, and tools, and we grant you a license to use the deliverables for your own internal business purposes upon full payment of our fees.

If you provide us with materials, data, or content to be used in a project, you confirm that you have the right to provide those materials and that our use of them as agreed will not infringe the rights of any third party.

Confidentiality

During the course of an engagement, each party may disclose confidential information to the other. Confidential information means non-public information disclosed by one party to the other that is marked as confidential or that should reasonably be understood to be confidential, including business plans, technical data, client information, and trade secrets.

Each party agrees to use the confidential information of the other only for the purpose of the engagement and not to disclose it to third parties except as necessary to perform the services, as required by law, or with the prior written consent of the disclosing party. These confidentiality obligations continue after an engagement ends.

Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, information already known to the receiving party without an obligation of confidentiality, or information independently developed by the receiving party.

Fees and Payment

The fees for our services are described in the relevant proposal, quote, or engagement letter. Unless otherwise stated, fees are exclusive of applicable taxes, which will be added where required. You agree to pay all fees in accordance with the payment terms set out in the relevant agreement, and to reimburse any agreed expenses.

If a project is billed on a time and materials basis, we will provide reasonable records of the work performed. If an invoice is not paid by its due date, we may suspend work on the project until payment is received, and we reserve the right to charge interest on overdue amounts where permitted by law.

Any deposit or advance payment we request is applied against the fees for the project and is generally non-refundable unless otherwise agreed in writing. If you terminate a project partway through, you remain responsible for fees for work performed up to the date of termination.

Warranties and Disclaimers

We warrant that we will perform our services with reasonable skill and care and in accordance with the scope described in the relevant engagement. Except as expressly stated in these Terms or in a signed engagement letter, we make no warranties of any kind, whether express or implied, regarding our website or services.

The website is provided on an as is and as available basis. We do not warrant that the website will be uninterrupted, secure, or free from errors or harmful components. To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee specific business outcomes, such as increased revenue, cost savings, or performance improvements, as a result of our services. Any statements about expected results are estimates based on our experience and are not promises or guarantees of a particular outcome.

Limitation of Liability

To the fullest extent permitted by applicable law, Aqua Tracy Limited and its directors, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, arising out of or in connection with your use of the website or our services, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or any engagement, whether in contract, tort, or otherwise, will not exceed the amount of fees actually paid by you to us for the specific project or service giving rise to the claim during the twelve months preceding the event giving rise to the liability.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, such as liability for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations of liability, so the limitations above may not apply to you in full.

Indemnification

You agree to indemnify, defend, and hold harmless Aqua Tracy Limited and its directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website, your breach of these Terms, or your violation of any law or the rights of a third party.

This indemnification obligation includes claims arising from content or materials you provide to us, from your use of our services in a manner not authorized by the applicable agreement, or from any negligent or wrongful act or omission on your part. We will notify you promptly of any claim subject to this indemnity and will reasonably cooperate with you in its defense.

You agree that we may control the defense of any claim if we choose to do so, and you will not settle any claim that imposes obligations on us without our prior written consent.

Termination

Either party may terminate an engagement in accordance with the terms set out in the applicable engagement letter. Where no termination provisions are specified, either party may terminate an engagement by providing reasonable written notice, and you may terminate the use of the website at any time by simply ceasing to access it.

We may terminate or suspend your access to the website or our services immediately if you breach these Terms, if we are required to do so by law, or if we reasonably believe that your continued access could harm our systems, our reputation, or the rights of others. We may also terminate an engagement if you fail to pay amounts due within a reasonable time after notice.

Provisions of these Terms that by their nature should survive termination, including those relating to confidentiality, intellectual property, limitation of liability, indemnification, and governing law, will continue to apply after termination.

Third Party Services

Our services may involve or integrate with third party products, platforms, or services, such as cloud providers, software applications, or application programming interfaces. Those third party services are governed by their own terms and conditions, and you are responsible for complying with those terms when you use them.

We are not responsible for the availability, performance, or security of third party services, or for any changes those providers make to their products, which may in turn affect the systems we have designed or integrated for you. We will make reasonable efforts to account for such changes, but we cannot control them.

Any links to third party websites on our website are provided for convenience only and do not imply our endorsement of those websites or their content. We are not responsible for the content or practices of any third party website you visit through a link from our website.

Governing Law

These Terms and any dispute arising out of or in connection with them will be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles. You and we agree to submit to the exclusive jurisdiction of the courts of Hong Kong to resolve any dispute arising from these Terms or from our services.

Before initiating formal legal proceedings, each party agrees to use reasonable efforts to resolve any dispute through good faith negotiation. This informal step is intended to resolve differences efficiently and is not intended to prevent either party from seeking urgent relief, such as an injunction, where appropriate.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our practices, our services, or applicable law. When we make material changes, we will revise the last updated date shown at the top of this page and, where appropriate, provide additional notice.

Your continued use of our website or services after any changes to these Terms take effect constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you should stop using our website and services. For ongoing engagements, the terms in effect at the time the engagement began will generally continue to apply unless we agree otherwise in writing.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the details below. We will make reasonable efforts to respond to your enquiry in a timely manner.

• Organization: Aqua Tracy Limited
• Address: Rm 905B 9/F HONG KONG IND CTR BLK B, 489-491 CASTLE PEAK RD, Cheung Sha Wan, Hong Kong (HK)
• Email: lvigtk@gmail.com
• Telephone: +14358506872
• Website: https://www.aquatracy.buzz

Thank you for taking the time to review these Terms of Service. We look forward to working with you.