These Terms of Service govern the relationship between you and Hefei Gongsun Network Technology Co., Ltd., the company that operates a computer systems design and integration practice from its workshop at Room 502, Building 6, Ruitai City Homeland, Tongda Road, Yaohai District, Hefei - 230000, China (CN). The practice is presented to clients under the developer name BambooStrike Tech, and those two names refer to the same provider throughout this document.
By visiting this website, sending us an enquiry, accepting a quotation or engaging our services, you agree to these terms to the extent that they apply to the activity in question. If you do not agree, you should not use the site and you should not engage our services.
Where we enter into a separate written agreement with you, whether a proposal, a statement of work, a service order or a data processing agreement, that agreement will take priority over these terms to the extent of any inconsistency. These terms fill the gaps and record the baseline commitments that apply whenever no more specific agreement has been made.
We recommend that you read all the sections below before you engage us. We have tried to write them clearly, and we are always willing to explain a clause by email or on the phone at +17793409560.
In these terms, the following words have the meanings given here.
Words in the singular include the plural and the reverse, and references to a person include an organisation where the context allows.
The provider offers computer systems design and integration services within the Computer Systems Design and Related Services industry. The published service pages describe six disciplines: the Culm Splitting Desk, Rhizome Run Rounds, Sheath Band Weeks, Node Spacing Days, Grove Walk Sessions and Cure Rack Evenings. These names are used consistently in our proposals, invoices and handover documents.
The services are professional in nature and are delivered by qualified engineers. They depend on the information and access that the client provides, and on the state of the systems that are being reviewed or integrated. We will always explain in a statement of work what we have been asked to do, what we will produce and what we will not cover.
Unless a statement of work says otherwise, we deliver services on a best professional effort basis rather than as an unconditional promise of a specific business result. We make no guarantee that a particular revenue, efficiency or reliability outcome will be achieved, because such outcomes depend on factors outside our control, including the client team, third party suppliers and the operating environment.
We may decline a request for services where we consider that we are not the right provider, where the request would require us to act outside the law, or where we cannot staff the work to the standard we set for ourselves.
Our services are offered to organisations and to individuals acting in a professional capacity who are at least eighteen years old and who have the legal capacity to enter into a contract. By engaging us you confirm that you meet those conditions.
If you contact us on behalf of an organisation, you confirm that you are authorised to do so and that you may share the information you provide. You are responsible for making sure that the individuals whose details you share with us know that the details have been passed to a supplier and understand the purpose.
We are entitled to rely on the authority of anyone who communicates with us from an address associated with the client organisation, unless the client has told us in writing to act only on the instructions of named individuals.
This website is provided for information purposes. You may read the pages, print them for your own reference and share links with colleagues. You may not copy substantial parts of the content into another publication, use it to train a commercial model without permission, or present it as your own work.
The contact form is a convenience that prepares a message in your own email client. It does not send information to a server on our side, and it does not create a contract or a binding enquiry. A contract arises only when we accept a proposal or sign a statement of work, as described in the section on engagement below.
We try to keep the content of the site accurate and current, but the site is provided as it stands. Descriptions of services are informative rather than exhaustive, and a statement of work will always govern what is actually delivered for a particular client.
We may change, suspend or withdraw any part of the site at any time. We are not obliged to give advance notice of a change to a page, although we will try to update the effective date of this document whenever a substantial change occurs.
When using this site or working with us, you must not attempt to gain unauthorised access to any system, network or data, must not probe or scan for vulnerabilities without our written permission, and must not interfere with the availability of the site. You must not use the site to transmit unlawful material, to distribute malicious code, or to harass or defraud any person.
You must not misrepresent your identity or your authority when communicating with us, and you must not use our name, our developer name or our published material in a way that suggests a partnership, endorsement or agency that does not exist.
You must not send us Client Materials that you are not entitled to share, and you must not ask us to process information in a way that would breach the rights of a third party or the law of the country in which you operate.
We may investigate any suspected breach, suspend access to the site or services where necessary, and report serious matters to the competent authorities. We reserve all rights and remedies that are available to us.
A quotation or proposal that we issue is prepared on the basis of the information available to us when it is written. Unless the document states otherwise, it is valid for thirty days and is an invitation to engage rather than a binding offer to deliver a fixed result for a fixed price regardless of circumstances.
If the information on which a proposal rests turns out to be materially different from the reality of the client estate, we may revise the proposal before the engagement begins or during it. We will explain the reason for any revision clearly and will not proceed with a scope change until the client has approved the revised document in writing.
Proposals and the technical methods they describe are confidential to the client and to the provider. They may not be shown to a competing supplier for the purpose of benchmarking or of inviting a counter quotation.
An engagement begins when both parties have signed a statement of work or, where no signature is practical, when the client accepts a written proposal and the provider confirms acceptance. From that point the statement of work governs the scope, the timetable, the deliverables and the fees.
Changes to the scope are managed through a written change note. A change note records the change, its effect on the timetable and its effect on the fees, and it takes effect when the client approves it in writing. Until that approval is given, the provider continues to work to the existing statement of work.
The provider will deliver services with the skill and care reasonably to be expected of a competent professional supplier of the type of service concerned. We will keep the client informed of material progress, of any issue likely to affect the timetable, and of any decision that requires the client to act.
Unless the statement of work says otherwise, timescales are estimates given in good faith and depend on the client meeting its responsibilities, particularly the provision of access, information and approvals within the agreed periods.
Fees are set out in the statement of work. They may be fixed for a defined scope, calculated on a time and materials basis at agreed rates, or a combination of both. Where fees are estimated rather than fixed, the estimate is given in good faith but is not a cap unless the document says so expressly.
Unless the statement of work says otherwise, invoices are issued monthly in arrears or on completion of a defined milestone, and are payable within thirty days of the invoice date. Fees are exclusive of any taxes that the law requires to be added, which will be shown separately on the invoice.
Where an invoice remains unpaid after the due date, we may charge interest on the outstanding amount at a reasonable rate permitted by law, and we may suspend further work after giving written notice. Suspension does not relieve the client of the obligation to pay for work already performed.
Travel and other expenses incurred with the client approval are charged at cost, supported by receipts where the amount is material. We do not charge for the time spent preparing a routine invoice or for ordinary administrative correspondence.
The client is responsible for providing timely access to the people, systems, information and facilities that the provider reasonably needs to perform the services. This includes arranging for any necessary permissions, supplying accurate inventories, and making a decision on a point that the provider has raised.
The client confirms that it has the right to grant the access it provides and that the use of that access in accordance with the statement of work will not infringe the rights of a third party. Where the client estate includes software or hardware that is licensed from a third party, the client is responsible for keeping those licences valid and for ensuring that the provider may lawfully access the licensed component.
The client is responsible for maintaining backup copies of Client Materials except where the statement of work says that the provider will maintain them. The provider is not responsible for data that the client has not made available for backup or for data that has become corrupt before it reached the provider.
The client is also responsible for the accuracy of the information on which the provider relies and for telling the provider promptly if that information changes.
The provider retains ownership of its pre-existing know how, methods, templates and tools, including the six grove disciplines and the documentation formats used in an engagement. These items remain the property of the provider even when they are used in a client project.
On full payment of the fees for the relevant part of an engagement, the provider grants the client a perpetual, non-exclusive, royalty free licence to use the deliverables for the client internal business purposes. Where the statement of work says that ownership of a specific deliverable will transfer to the client, that transfer takes effect on full payment of the fees for that deliverable.
The client grants the provider a licence to use the Client Materials to the extent necessary to perform the services. That licence lasts for the duration of the engagement unless the statement of work extends it.
Neither party may use the other party name or logo in public marketing without written permission, except that the provider may list a client as a provider of professional services where the client has approved that reference. Where a reference is approved, the client may withdraw the approval on reasonable notice.
The content of this website, including its text, layout and code, belongs to the provider and is protected by copyright and other rights. You may not reproduce it except as permitted in the section on website use.
Each party may receive information that the other regards as confidential. Confidential information includes technical, commercial and financial information, client data, credentials, plans and any other information that a reasonable person would regard as sensitive in the circumstances.
The receiving party will keep confidential information secure, will use it only for the purposes of the engagement, and will disclose it only to those of its personnel and professional advisers who need to know it. Those individuals will be bound by a duty of confidence at least as strong as the duty in these terms.
The duty of confidence does not apply to information that is already public without a breach, that the receiving party already lawfully held, that the receiving party develops independently, or that a law or a competent authority requires it to disclose. Where a disclosure is required by law, the receiving party will, where it is lawfully able, notify the other party in advance.
The duty of confidence continues after the engagement ends for as long as the information remains confidential. At the end of the engagement each party will return or delete the other party confidential information, except for copies that must be kept for legal or record keeping purposes.
Our handling of personal information is described in the privacy policy published on this site. That policy forms part of the context in which these terms operate, and you should read it together with this document.
Where the provider processes personal information on behalf of a client, the client remains the controller and the provider acts as a processor on the documented instructions of the client. The provider will apply appropriate technical and organisational measures to protect the information, will assist the client in responding to requests from individuals, and will notify the client promptly if it becomes aware of a personal data breach that affects the client information.
The provider will not transfer personal information processed on behalf of a client to a sub-processor without the client general or specific authorisation, and will impose written terms on any sub-processor that are consistent with the commitments in these terms.
On termination the provider will return or delete personal information processed on behalf of the client, except where the law requires it to keep a copy. The provider will certify deletion if the client asks it to do so.
An integrated system often relies on components supplied by third parties, such as operating systems, databases, network equipment, cloud platforms and commercial software libraries. The provider may recommend, install or configure such components, but it does not become the supplier of those components merely by doing so.
Third party components are governed by their own licence terms and warranties. The client is responsible for obtaining the licences needed for its use of a component and for complying with those licences. The provider is not responsible for a defect that exists in a third party component, although we will use reasonable efforts to diagnose such a defect and to raise it with the relevant supplier on the client behalf.
Where the client wishes the provider to take responsibility for supporting a third party component, the scope and the fees for that support must be recorded in a statement of work.
The provider warrants that the services will be performed with reasonable skill and care, in a professional manner, and in accordance with the statement of work. This warranty is central to our practice, and it is the standard against which our own reviews are measured.
If the client believes that the services did not meet that standard, it must notify the provider promptly and in reasonable detail. The provider will investigate and, where the claim is substantiated, will re-perform the affected services or refund the fee paid for them, at its option. This is the client sole and exclusive remedy for a breach of the service warranty, to the extent the law allows.
The warranty does not apply to a defect caused by a change made by the client or a third party, by use of the deliverable outside its intended purpose, by a failure of a third party component, or by a failure of the client to follow documented instructions. The warranty period ends thirty days after delivery of the relevant deliverable unless the statement of work says otherwise.
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
Subject to that, the provider is not liable for any loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill or indirect or consequential loss, whether arising in contract, tort, breach of statutory duty or otherwise.
Subject to the two preceding paragraphs, the total liability of the provider arising out of or in connection with an engagement is limited to the total fees paid by the client under the relevant statement of work during the twelve months preceding the event that gave rise to the claim.
The limitations apply even if the party was advised of the possibility of the loss, and they survive the termination of the engagement. The client is responsible for taking its own steps to mitigate a loss and for keeping independent backups of information that is critical to its business.
The client will indemnify the provider against any claim, loss, cost or expense arising from the use of Client Materials that the client was not entitled to supply, from the client breach of the intellectual property rights of a third party, or from a direction given by the client that the provider has followed in good faith and that turns out to infringe the rights of another person.
The provider will notify the client if it becomes aware of such a claim and will cooperate reasonably in the defence, at the client expense. The client will not settle a claim in a way that admits fault on the part of the provider without the provider written consent.
Where a claim relates to the provider own negligence, the indemnity will not apply and the limitation of liability section will govern the outcome.
Either party may terminate an engagement for convenience by giving thirty days written notice. Where an engagement is terminated for convenience, the client will pay for all work performed and for all costs lawfully incurred up to the effective date of termination, and each party will return or delete the other party confidential information in accordance with the confidentiality section.
Either party may terminate immediately by written notice if the other party commits a material breach and fails to remedy it within fifteen days of written notice, or if the other party becomes insolvent, enters administration or ceases to carry on business.
The provider may suspend access to the site or to services where it reasonably believes that there is a security risk, a risk to the rights of a third party, or a risk of unlawful activity. We will restore access as soon as the risk has been addressed and, where the suspension affects a paid service, we will not charge for the period of suspension caused by our own decision.
Termination of one statement of work does not affect any other statement of work that is in force unless the parties agree otherwise.
Neither party is liable for a failure or delay in performing an obligation that is caused by an event outside its reasonable control. Such events include natural disasters, epidemic disease, civil unrest, war, acts of government, widespread network failure and failures of a third party infrastructure that are not caused by the affected party.
The affected party will notify the other party promptly and will use reasonable efforts to resume performance. If the event continues for more than sixty days, either party may terminate the affected statement of work by written notice, and the client will pay for the work performed up to the date of termination.
This section does not excuse a failure to pay an amount that was already due before the event began.
We may update these terms from time to time to reflect a change in the law, a change in our services or a clarification of wording. The effective date at the top of this page will be updated whenever we do so.
Where a change is material, we will take reasonable steps to bring it to the attention of current clients, for example by email or by a note on the homepage. A material change will not apply retroactively to an engagement that is already in force unless the client agrees to it in writing.
Continuing to use the site after a change takes effect means that you accept the updated terms for your future use of the site. An engagement that is governed by a signed statement of work will continue to be governed by the terms as they stood when the statement of work was signed, unless the parties agree to an update.
These terms and any dispute arising out of or in connection with them are governed by the laws of the country in which the provider is established, without regard to conflict of laws rules. Nothing in this section deprives a consumer of the protection of a mandatory rule in the country where that consumer lives.
The parties will first attempt to resolve a dispute by good faith discussion between a senior representative of each party within thirty days of a written notice of the dispute. This step is a condition of taking the matter further, except where a party needs urgent relief to protect its rights or to prevent harm.
If the dispute is not resolved by discussion, it may be referred to the competent courts in the place where the provider is established, unless a separate written agreement names another forum. Each party waives any objection to the venue on the ground of inconvenience.
We would much rather solve a problem at the bench than in a courtroom, and we encourage you to contact us directly before any formal step is taken.
These terms, together with the privacy policy and any statement of work, form the entire agreement between the parties in relation to their subject matter and replace any earlier discussion on that subject. Neither party relies on a statement made before the agreement unless it is recorded in those documents.
If a provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. The invalid provision will be replaced by a valid provision that comes closest to the original intention.
A failure to exercise a right is not a waiver of that right, and a single or partial exercise does not prevent a further exercise. A waiver is effective only if it is given in writing by the party granting it.
Neither party may assign an engagement to another party without the written consent of the other, except that the provider may assign it to a successor in connection with a reorganisation of the practice, provided that the successor accepts the obligations in these terms.
These terms do not create a partnership, joint venture or employment relationship between the parties. Each party acts as an independent contractor and is responsible for its own taxes, insurance and personnel.
Notices under these terms may be given by email to the address on record for the relevant party, and are deemed received on the next Business Day after sending, unless the sender receives an automated failure notice.
The headings in this document are for convenience only, and they do not affect the interpretation of a provision. The sections that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and governing law, will survive.
If you have a question about these terms, a concern about an engagement or a request that relates to a statement of work, please contact Hefei Gongsun Network Technology Co., Ltd. in writing. The postal address is Room 502, Building 6, Ruitai City Homeland, Tongda Road, Yaohai District, Hefei - 230000, China (CN). The email address is clients@bamboostriketech.buzz and the phone number is +17793409560.
We read every message ourselves and we will reply as promptly as we can. If your question concerns a specific engagement, please include the reference of the relevant statement of work so that we can answer with the full context in front of us.
Thank you for reading these terms. We look forward to working with you on solid ground.