Terms of Service
Terms governing your use of the Visionary Spark website and professional engineering services.
Contents
1. Acceptance
These Terms constitute a binding agreement between you and Visionary Spark Limited. By accessing www.visionary.christmas or engaging our services, you agree. If you disagree, discontinue use. Continued use after revision constitutes acceptance. You represent you are at least eighteen with authority to bind any entity.
2. Definitions
Client, Confidential Information, Deliverables, Services (computer systems design, architecture, cloud, integration, cybersecurity, managed operations, transformation), SOW, Website as defined.
3. Services
We provide enterprise-grade technology consulting. Specific scope per mutually executed SOW. No binding obligation from website content alone. We may modify or discontinue services with notice; may decline service per applicable law.
4. Website Use
Limited, revocable license for legitimate business purposes. No unlawful use, unauthorized access, automated scraping, or malicious code. We reserve the right to monitor and terminate access.
5. Intellectual Property
All content is property of Visionary Spark Limited, protected by Hong Kong and international IP law. Trademarks protected. Deliverable rights per SOW.
6. Client Obligations
Timely access, primary contact designation, backup maintenance, legal compliance, third-party license procurement.
7. Fees
Per SOW: fixed-price, T&M, or recurring. USD, taxes extra. Net 30 terms. Late interest at 1.5% per month or legal max. Service suspension for non-payment after notice.
8. Confidentiality
Strict confidence required. Excludes public, previously possessed, independently developed, or rightfully obtained information. Survives termination three years or indefinitely for trade secrets/PII.
9. Warranties
Professional workmanship for thirty days. AS-IS otherwise. ALL IMPLIED WARRANTIES DISCLAIMED.
10. Limitation of Liability
NO INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. AGGREGATE LIABILITY CAPPED AT TWELVE MONTHS' FEES.
11. Indemnification
You indemnify us against claims from your violation, unauthorized use, or third-party infringement.
12. Termination
Website access terminable immediately. Surviving provisions remain. Service termination per SOW.
13. Force Majeure
Neither party liable for causes beyond reasonable control. Extended events permit termination.
14. Dispute Resolution
Informal negotiation first (60 days). Then binding arbitration under HKIAC rules in Hong Kong. Individual basis only, no class actions. Injunctive relief permitted.
15. Governing Law
Hong Kong SAR law. Exclusive Hong Kong court jurisdiction. CISG excluded.
16. General Provisions
Entire agreement, severability, no-waiver, non-assignment without consent, independent contractor relationship, written notices.
17. Contact
VISIONARY SPARK LIMITED
Room B, 21/F, Tower 8, The Yoho Hub
1 Long Lok Road, Yuen Long, Hong Kong
Email: contact@visionary.christmas
Phone: +1 (507) 832-4918