Terms of Service

Acceptance of Terms

By accessing or using the website www.simplegift.mom and any related services provided by Simple Gift, operated by 襄阳市施简商贸有限公司 (Xiangyang Shijian Commerce and Trade Co., Ltd.), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not access or use our website or services. These terms constitute a legally binding agreement between you and Simple Gift governing your use of our platform, content, and services. We reserve the right to update or modify these terms at any time without prior notice, and your continued use of the website following any changes constitutes your acceptance of the revised terms.

Services Description

Simple Gift provides computer systems design and related professional, scientific, and technical services, including computer integrated systems design, IT consulting, technology infrastructure planning, software architecture consulting, digital transformation strategy, and systems integration solutions. Our services are delivered through our website at www.simplegift.mom, via direct consultation, and through other communication channels as agreed with clients. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to affected clients. We make every effort to ensure that the information on our website is accurate and up to date, but we do not guarantee that all information is complete, current, or error-free.

User Responsibilities

As a user of our website and services, you agree to the following responsibilities: you must provide accurate, current, and complete information when using our contact forms or engaging our services; you shall not use our website for any unlawful purpose or in violation of any applicable local, national, or international law or regulation; you shall not attempt to gain unauthorized access to any part of our website, servers, or systems; you shall not interfere with or disrupt the operation of our website or services; you shall not transmit any viruses, malware, or harmful code through our platform; you shall not engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure; and you shall not use automated means, including bots, scrapers, or spiders, to access or collect data from our website without our express written permission. You are solely responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

Intellectual Property Rights

All content, materials, designs, text, graphics, logos, icons, images, audio clips, video clips, software, and other intellectual property available on or through www.simplegift.mom, unless explicitly stated otherwise, are the exclusive property of Simple Gift, 襄阳市施简商贸有限公司, or our licensors. This content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the People's Republic of China and international treaties. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our website without our prior written consent. You may view, download, and print pages from our website for your personal, non-commercial use only, provided you do not remove any copyright or proprietary notices. Any unauthorized use of our intellectual property may result in legal action.

Client Engagement and Project Terms

When you engage Simple Gift for professional services, the specific terms of each engagement will be outlined in a separate service agreement or statement of work. These Terms of Service serve as a framework for all engagements. Each service agreement shall specify the scope of work, deliverables, timelines, fees, payment terms, and any project-specific conditions. Unless otherwise agreed in writing, fees are due within thirty days of invoice date. Late payments may be subject to interest charges at the rate permitted by applicable law. We reserve the right to suspend work on any project where fees are past due by more than thirty days. Either party may terminate a project engagement with written notice as specified in the applicable service agreement. Upon termination, you shall pay for all services rendered and reasonable costs incurred up to the date of termination.

Limitation of Liability

To the maximum extent permitted by applicable law, Simple Gift, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our website or services, any conduct or content of any third party on our website, any content obtained from our website, or unauthorized access, use, or alteration of your transmissions or content. Our total liability for any claims arising under these terms shall not exceed the amount paid by you to us in the twelve months preceding the event giving rise to the liability. This limitation of liability applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Disclaimer of Warranties

Our website and services are provided on an as is and as available basis, without any warranties of any kind, either express or implied. Simple Gift expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and warranties arising from course of dealing or usage of trade. We do not warrant that our website will be uninterrupted, timely, secure, or error-free, that any defects will be corrected, or that our website or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representation regarding the use or the results of the use of our website or services in terms of their correctness, accuracy, reliability, or otherwise. You assume all responsibility and risk for your use of our website and services. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Simple Gift, 襄阳市施简商贸有限公司, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable legal fees, arising out of or relating to your violation of these Terms of Service, your use of our website or services in violation of applicable law, your infringement of any intellectual property or other rights of any person or entity, or any content you submit, post, or transmit through our website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

Privacy and Data Protection

Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Please review our Privacy Policy carefully to understand our practices regarding the collection, use, and protection of your personal data. By using our website, you consent to the data practices described in the Privacy Policy and acknowledge that you have read and understood how we handle your information.

Third-Party Links and Content

Our website may contain links to third-party websites, resources, or content that are not owned or controlled by Simple Gift. We provide these links for your convenience only and do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites you visit. Your interactions with third-party websites are solely between you and the third party, and we shall not be liable for any damages or losses arising from such interactions.

Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to our website and services at any time, without prior notice or liability, for any reason, including without limitation if you breach any provision of these Terms of Service. Upon termination, your right to use our website and services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Governing Law and Dispute Resolution

These Terms of Service and any disputes arising out of or relating to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these terms or the breach, termination, or invalidity thereof shall first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty days, the parties agree to submit the dispute to binding arbitration in Xiangyang City, Hubei Province, China, in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission. The arbitration shall be conducted in English and Chinese. The decision of the arbitral tribunal shall be final and binding upon both parties, and judgment upon the award may be entered in any court having jurisdiction.

Severability

If any provision or part of a provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these terms shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be deemed severable from these terms.

Entire Agreement

These Terms of Service, together with the Privacy Policy, any service agreements, and any additional terms referenced herein or specifically agreed to by the parties, constitute the entire agreement between you and Simple Gift regarding your use of our website and services, superseding any prior agreements, communications, or understandings, whether oral or written, between the parties relating to the subject matter herein. No failure or delay by us in exercising any right or enforcing any provision of these terms shall be deemed a waiver of such right or provision.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

We will make every effort to respond to your inquiry promptly and address any concerns you may have regarding these terms or our services.