1. Acceptance of these terms
These Terms of Service form an agreement between you and Kunming Xintun E-commerce Co., Ltd., a company registered at Room 2410, Building F2, Hexie Jiayuan Residential Quarter, No.581 Hongyuan Road, Hongyun Subdistrict, Wuhua District, Kunming - 650000, China (CN), which operates the developer brand Xin Tun Ecom. The terms govern your access to the website located at xintunecom.mom and your use of the computer systems design and integration services we offer.
By browsing this website, submitting an enquiry, requesting a proposal, or otherwise using our services, you confirm that you have read, understood and agreed to these terms. If you use the site or our services on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation, and that organisation together with you accepts these terms.
If you do not agree with any provision of this document, you must stop using the website and the services and contact us before proceeding. The most recent version of these terms, posted to this page with the update date shown above, replaces all earlier versions with effect from that date unless a separate signed agreement says otherwise.
2. About the company and developer
Kunming Xintun E-commerce Co., Ltd. provides professional, scientific and technical services centred on computer systems design and integration. We help clients design commerce architecture, integrate platforms, build storefronts, construct supply chain data pipelines and operate critical systems, all with a discipline we describe internally as keeping the cold chain running.
Xin Tun Ecom is a developer name used by this company on its website and materials. Where these terms refer to the company, to Xin Tun Ecom or to the provider, the intended meaning is the same single legal entity whose registered details appear in the introduction and in the contact section of this document.
References to you in these terms mean the visitor, the prospective client, the client, or the authorised representative acting for a client organisation, according to context. Where a provision applies differently to a casual visitor and to a party who signs a service agreement, the terms of that signed agreement will govern the work itself and these terms will govern the website and general relationship.
3. Nature of our services
Our business delivers highly technical work that is scoped case by case. We provide commerce systems architecture, platform integration engineering, custom storefront development, supply chain data pipelines, security and compliance engineering, and managed operations and support, as described on the services page of this site.
Because each engagement is different in scope, budget and environment, the public description of a service on our website is a general invitation to discuss a project and not a fixed quotation or a guarantee of a particular outcome. The precise deliverables, milestones, environments and acceptance criteria are always confirmed in a written proposal or statement of work before any build begins.
Nothing on this site should be read as professional legal, financial or tax advice. While our engineers understand the rules that affect the systems they build, decisions about compliance in your own business remain your responsibility, supported by whatever advisers and agreements you choose.
4. How you engage us
The first step in working with us is usually an enquiry through the contact form, by email at team@xintunecom.mom or by phone at +12707788555. We examine the request and may ask follow-up questions or hold a discovery call to understand your systems, your goals and your constraints before we put together a cost and timeline estimate.
Where we both wish to proceed, we prepare a written proposal or statement of work that describes the deliverables, the schedule, the fees, the payment terms and each party responsibility. An engagement begins only when you accept that document in writing, whether by signature, by digital acceptance or by an exchange of formal messages, and when any agreed first payment is received.
We will never start charging for engineering work, accessing your systems or claiming your attention for a build unless a proposal has been agreed. Preliminary conversations on general capabilities are always free of charge and place no obligation on either side until a binding acceptance of a proposal is reached.
5. Your responsibilities
You agree to provide accurate and complete information when you enquire, request a proposal and begin a project. This includes giving us lawful access to the systems, environments and accounts we need, together with any licences, keys and credentials that are genuinely required for the engineering described in the agreed statement of work.
You agree to appoint a named contact who can make decisions and provide feedback in reasonable time, because most projects depend on steady cooperation to stay on schedule. You also agree to review and approve documents, staging environments and test results at the milestones we agree, and to raise any concern promptly so that we can correct it early rather than late.
You remain responsible for the accuracy of business data you supply, for your own obligations to customers and regulators, and for making sure you have the rights to any content or systems that you authorise us to configure or populate on your behalf during the engagement.
6. Fees and payment
Fees for each engagement are set out in the relevant proposal, statement of work or signed agreement, and may be quoted as a fixed price, as time and materials, or as a recurring managed services fee. All amounts are stated in the currency selected in the proposal and do not include taxes unless the document says otherwise.
Payment terms are detailed in each proposal and typically follow a schedule linked to agreed milestones. Where time and materials apply, we invoice at the agreed interval against recorded effort that you may review on request. Failure to pay an invoice when it is due may pause work, restrict access to deliverables and, after notice, lead to suspension of the engagement.
Any taxes, duties or similar charges that apply to the provision of our services are your responsibility unless the tax or the agreement states that we bear them. We will provide whatever reasonable documents the law requires to support the proper handling of tax, and we will both act in good faith regarding how fees are described in law.
7. Relationship platform independent
We help clients across many commerce and logistics platforms and we are not the sole or exclusive vendor of any one software brand unless a specific agreement says so. Our engineering skill is platform-independent, which means we can advise on the strengths of different systems without being locked to any single manufacturer.
Where the client already uses a specific platform, we will work within that environment and alongside its licences and its rules. We do not provide the underlying software licences unless we explicitly agree to resell them, and the terms of any such platform licence continue to bind the party that holds it.
Any product names, trade marks or service marks of third parties that appear on our site or in our work belong to their owners and are mentioned only to describe the technical environments we are able to support. Their presence does not imply sponsorship or endorsement by those owners of our company.
8. Our right to suspend the site
We aim to keep the website available at all times, but we may need to suspend access from time to time for maintenance, repairs, capacity changes or updates to our systems. We will try to schedule planned work at low-traffic periods and to keep any interruption as short as is reasonable in the circumstances.
The website is provided on an as is and as available basis. While we use reasonable skill in maintaining it, we do not warrant that the site will be error free, uninterruptible, or free of faults, and we are not liable for temporary unavailability caused by network conditions, third party services or events beyond our reasonable control.
We also reserve the right to restrict or block access to the website for anyone who behaves abusively, attempts to interfere with the site, or uses automated processes that degrade the experience of other users. Such restrictions will be applied fairly and only where genuinely needed to protect the service.
9. Intellectual property
Unless an agreement states otherwise, each party keeps ownership of the pre-existing intellectual property it brings to a relationship. This includes our methodologies, templates, internal tools and core libraries, and it includes your business data, logos and content, which always belong to you and are never transferred by your use of our services.
For custom work we create while building a storefront, integration, pipeline or system for you under an agreed engagement, the proposal states who owns the resulting commissioned deliverables and what licence the other party receives. Where a signed agreement is silent, we grant you a non-exclusive licence to use the deliverables within your business, under the payment terms already agreed.
You agree not to copy, resell or redistribute the commercial software development process, framework or documentation of Xin Tun Ecom in a way that competes with us, unless a written agreement clearly authorises that. Both parties will cooperate to avoid infringing the rights of any third party and to remove any content that is shown to violate a third party right.
10. Confidentiality
During an engagement each party may receive confidential information about the other, such as system designs, business plans, financial data, technical materials and pricing. Both parties agree to keep such confidential information secret and to use it only for the purpose of the engagement and only to the extent needed.
Confidential information does not include material that is already public, that was known before disclosure without a duty of confidence, that is independently developed without reference to the disclosed material, or that must be disclosed to comply with law, court order or a recognised regulatory authority.
This obligation survives the end of the engagement for a reasonable period, commonly taken to be the period needed to protect the trade secrets and legitimate business interests of the disclosing party. Where a separate non-disclosure agreement exists, its own terms replace this clause for the material it covers.
11. Warranties and disclaimers
We warrant that services will be performed with reasonable skill and care, in line with current professional practice, using staff who are competent and properly supported. Where flaws or defects in our work are reported within the warranty period stated in the proposal, we will correct them promptly at no additional charge.
To the fullest extent permitted by law the website and all services are otherwise provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement. We make no representation that the services will meet your unstated expectations as to revenue or performance.
We rely on the accuracy of assumptions you provide about your business, volumes and environment. We are not responsible for outcomes that result from inaccurate input, from changes you make after our work is delivered, or from third party software, platforms or services that behave in ways outside our control.
12. Limitation of liability
Our total liability to you arising from or connected with the website or any service is limited, in each case and in aggregate, to the value of the fees you have paid us for the relevant service or engagement during the twelve months before the event giving rise to the claim. This cap applies unless a signed agreement states a different limit.
Neither party is liable to the other for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or anticipated savings, whether such loss arises in contract, tort, negligence or otherwise, even if that party has been advised of the possibility of the loss.
Nothing in these terms limits or excludes liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation. If any part of this section is unenforceable, the remainder still applies to the fullest extent permitted by law.
13. Third party content and links
Our website may contain links to third party websites, reference material, documentation or tools that we believe may be useful. We do not control those third party resources and are not responsible for their content, accuracy, availability or privacy practices, even where we have linked to them for your convenience.
Where we embed or recommend third party services that form part of an integrated system we engineer for a client, those services carry their own terms and conditions that have effect between you or the client and the provider. We are not the operator of such services and we do not accept liability for their failure beyond the extent we expressly agree in our proposal.
A link to or mention of a third party does not imply that we endorse the operator, that we guarantee its quality, or that we are responsible for any purchase you make through it. You should review the third party terms and policies before relying on or sharing information with any linked resource.
14. Acceptable use of this website
You agree to use this website only for lawful purposes and in a way that does not infringe the rights of others or restrict their use and enjoyment of the site. Prohibited conduct includes attempting to gain unauthorised access, introducing malicious code, overloading the servers or using scrapers and bots that place unreasonable load on our infrastructure.
You agree not to submit through our forms any false, misleading, defamatory, threatening or unlawful content, and not to impersonate another person or organisation. We may remove content or block users who breach this acceptable use clause, and we may report serious abuse to the relevant authorities where we believe that is required.
We respect your privacy as described in the separate Privacy Policy, and the website does not hold you responsible for content posted by other visitors in any community area because, in normal use, this site does not host public forums that allow third party posting.
15. Termination
You may stop using the website at any time. A service engagement may be terminated by either party on the notice given in the relevant proposal or agreement, or immediately if the other party materially breaches the agreement and fails to remedy that breach within a reasonable period after written notice.
Upon termination, work in progress will stop and fees will be payable up to the date of termination for work already carried out, together with any reasonable and documented costs we have incurred that cannot be avoided. We will carry out a handover that returns your data and any deliverables you have paid for in a usable form.
Clauses that by their nature should survive termination continue to apply, including those on intellectual property, confidentiality, limitation of liability, indemnity, governing law and dispute resolution. Termination does not release either party from obligations that arose before the agreement came to an end.
16. Governing law and disputes
These terms are governed by the laws of the People Republic of China, and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the courts of Kunming, Yunnan Province, unless otherwise required by the mandatory law of your own jurisdiction that cannot be excluded.
Before starting formal proceedings, both parties will make a genuine attempt to resolve any dispute through negotiation between representatives, and may then escalate to mediation by agreement where a simple discussion has not succeeded. Nothing in this clause prevents either party from seeking urgent interim relief to protect its rights.
Where the parties have signed a separate agreement that selects a different governing law or a different forum, that signed agreement takes precedence over this section for disputes arising under that agreement. For the general use of the website and for any relationship without a signed agreement, this section applies in full.
17. Changes to these terms
We may revise these Terms of Service from time to time to reflect changes in our services, the law or our operating practices. The current version is always posted on this page with the last updated date shown at the top, and we encourage you to review it before each new engagement so that you know what applies.
Where a change materially affects an existing client with a signed agreement, we will give reasonable advance notice before the change takes effect, and the signed agreement will continue to govern work already in progress unless both parties agree to adopt the revised terms by amendment.
Your continued use of the website or the services after an update to these terms means you accept the revised document for activities that occur after the change date. Earlier activity remains governed by the version in effect at the time that the activity took place.
18. Contact information
If you have any question about these Terms of Service, or if you wish to raise a concern about the way we operate, please contact Kunming Xintun E-commerce Co., Ltd. using the channels below. We review all correspondence promptly and aim to resolve issues openly and fairly.
- Company: Kunming Xintun E-commerce Co., Ltd.
- Developer: Xin Tun Ecom
- Email: team@xintunecom.mom
- Phone: +12707788555
- Address: Room 2410, Building F2, Hexie Jiayuan Residential Quarter, No.581 Hongyuan Road, Hongyun Subdistrict, Wuhua District, Kunming - 650000, China (CN)
These terms, together with any signed proposal and the associated Privacy Policy, form the complete agreement concerning your use of the website and the general relationship between us. They replace any earlier informal understanding, and we appreciate the trust you place in Xin Tun Ecom as your systems partner.