Terms of Service — Kunming Fanbi E-commerce Co., Ltd.

These Terms of Service govern the use of the website at fanbidigital.autos and the bench services provided by Kunming Fanbi E-commerce Co., Ltd. By browsing this site, writing to the bench or engaging our services, you agree to the terms set out below. Please read them fully before you begin an engagement.

The company address is Unit 2, Room 705, Building 3, Zhicheng Homeland, Fengning Subdistrict, Wuhua District, Kunming - 650000, China (CN). The company may be reached by email at sales@fanbidigital.autos and by telephone at +14064455173.

1. Agreement to these terms

By accessing this website you accept these Terms of Service and the Privacy Policy that accompanies them. If you do not accept the terms, please stop using the site. If you are using the site on behalf of a company, you confirm that you have authority to bind that company to these terms.

These terms apply to the site and to the preliminary work of an enquiry. A formal engagement is governed by a separate written agreement signed by the client and by the company, and where the two documents differ, the signed agreement prevails for that engagement.

Nothing in these terms limits any right that cannot be limited by law. Where a mandatory rule of the client country gives the client stronger protection, that rule applies to the extent required.

2. Definitions used in this agreement

In these terms, the company means Kunming Fanbi E-commerce Co., Ltd. The bench means the design and engineering team that provides the services. The client means the person or organization that engages the services or sends an enquiry. The site means the pages served from fanbidigital.autos. Services means the computer integrated systems design rounds described on the services page, together with any related work agreed in writing.

A round means one of the fixed pieces of bench work: Blade Set Desk, Ledger Fan Rounds, Draft Band Weeks, Motor Swap Days, Balance Run Sessions and Wiring Check Evenings. A cycle means a sequence of rounds run in the order described on the services page. A deliverable means a document such as a seated module list, a draft sheet, a swap sheet, a balance run report or a wiring diagram revision.

Writing means a document that is signed, or an email sent from an address agreed by both parties. Verbal instructions are accepted only for minor scheduling matters and are confirmed in writing afterwards.

3. The services we provide

The company provides professional services in computer integrated systems design and related fields. The bench works on the modules, data paths, contracts, performance bands and interfaces of a client estate, and it documents each round with a written record. The services page on this site describes the six rounds in detail and forms part of the general description of what the bench does.

The company does not sell hardware, does not act as a reseller of software licences and does not provide an emergency responder service unless a separate support agreement is signed. Where a round requires a component that must be purchased from a third party, the client buys that component directly or reimburses the company under a written purchase arrangement.

The company may decline an engagement if the work falls outside the skills of the bench, if the requested timeline cannot be met with the crew available, or if the engagement would conflict with an existing client. A refusal is always given in writing and always states the reason.

4. Enquiries and quotes

An enquiry through the contact form or by email does not create a contract. It creates a request for information, and the bench lead answers it with an indication of availability, an outline of the likely rounds and, where enough detail is available, a plain estimate of the time and fees involved.

Any estimate given at the enquiry stage is indicative. A firm quote is issued only after a scoping conversation has established the modules in scope, the finish rules for each round and the dates the client needs. A firm quote stays open for thirty days from its date unless it states otherwise.

Quotes are prepared from the seated module list where one exists, and from written notes where it does not. Where the client supplies incomplete or inaccurate information, the quote accordingly reflects an assumption, and the company will record that assumption in the quote.

5. Engagement and scheduling

An engagement begins when both parties have signed the written agreement and any deposit required by the agreement has cleared. Bench slots are booked in the order in which complete agreements are received, and the bench lead confirms the start date in writing before the crew reserves time.

Motor swap days and wiring check evenings often fall outside ordinary business hours so that the client desk is not disturbed. The agreement records those hours, and any change to them is made in writing at least five working days in advance where reasonably possible.

If the client needs to move a booked slot, the company will make reasonable efforts to find another slot in the same period. Where a move is made with little notice and the crew cannot be redeployed, the company may charge for the reserved time as set out in the agreement.

6. Client responsibilities

The client agrees to provide accurate information about the estate, timely access to the people who can approve decisions, and the environments the crew needs to carry out a round. The client also agrees to name a contact who can authorize a rollback during a swap window and who can be reached for the whole of that window.

The client is responsible for holding lawful bases for any personal information it shares with the bench, and for securing any third party system that the crew must reach in order to carry out the work. The bench will not bypass a security control on a client system without written permission.

The client agrees not to ask the crew to do anything unlawful, to interfere with a third party system without authorization, or to misrepresent the results of a round to another party. Where a request raises an ethical or legal concern, the bench lead will pause the work and discuss it in writing.

7. Fees and payment

Fees are stated in the engagement agreement and are payable in the currency named there. Unless the agreement states otherwise, the company invoices a deposit before the first round and the balance after the fan sheet for the final round has been delivered. Invoices are due within the period stated on the invoice.

Where a round takes longer than quoted because the client changes the scope in writing, the additional time is billed at the agreed rate and is approved by the client before the work continues. The company does not begin unpriced work, and it does not send a surprise invoice after a round has closed.

Late payment may attract interest at the rate stated in the agreement. The company may pause work on an engagement while a valid invoice remains unpaid for more than the agreed grace period, and it will tell the client in writing before it pauses.

8. Intellectual property

The client keeps all rights in its own systems, data, marks and materials. The company keeps all rights in its methods, templates, run sheet formats, bench tooling and any generic know-how developed while working for the client.

On payment of the final invoice for a round, the client receives a perpetual, non exclusive licence to use the deliverables for its own business, including adaptation and internal distribution. The client may not resell a deliverable as a standalone product, publish it as a template or present it as its own proprietary methodology without written permission.

The content of this website, including text, layout and styling, belongs to the company and may not be copied for commercial use. Quoting a short passage with attribution is allowed, as is linking to any page of the site.

9. Confidentiality

Each party agrees to keep confidential the information that the other marks as confidential or that a reasonable person would treat as confidential, and to use it only for the engagement. This covers system diagrams, performance readings, internal addresses, credentials and any commercial terms.

The receiving party may disclose confidential information to crew members and professional advisers who need it, provided they are bound by a duty of confidence. The receiving party may also disclose information where the law requires it, after telling the other party where the law allows.

The duty of confidence survives the end of the engagement. It does not apply to information that is public through no fault of the receiving party, that was already known before the engagement, or that is developed independently without use of the confidential material.

10. Acceptable use of the site

You may browse the site and use the contact form for legitimate enquiries. You agree not to attempt to gain unauthorized access to any part of the site or its hosting, not to interfere with its availability, not to send automated requests at a rate that harms the service and not to upload malicious code.

You agree not to use the contact form to send spam, threats, unlawful material or content that infringes the rights of another person. The company may block an address or a network that misuses the site, and it may report serious misuse to the competent authority.

The site is provided for information and enquiry. It is not a marketplace, an escrow service or a channel for making binding commitments. No order is accepted until the company confirms it in writing.

11. Third party components

Client systems often include components supplied by other vendors, such as databases, runtimes or cloud platforms. Those components remain subject to their own licence terms, and the client is responsible for complying with them.

The company may recommend a component where it fits a design, but a recommendation is not a warranty of that component or of the vendor. Where a component fails after a round has closed, the company will investigate on request but the primary remedy lies with the vendor.

Where the client directs the company to use a particular component, the client accepts the risk that the component may not meet the finish rules of the round. The company will record the direction in the run ledger and will explain any foreseeable concern before it proceeds.

12. Warranties and disclaimers

The company warrants that the services are carried out with reasonable skill and care by people trained in the work, that the crew follows the agreed run sheets and that the deliverables describe the work as it was actually done.

Except as stated above, the site and the services are provided as they are. The company does not warrant that a system will be free from every defect, that a third party platform will behave as documented or that a design will meet a result that depends on information the client did not supply.

Nothing in this section excludes a warranty that cannot be excluded by law. Where such a warranty applies, the company honor it to the full extent required, and the remaining parts of this section continue to apply.

13. Limitation of liability

To the extent permitted by law, the company is not liable for indirect, incidental, special or consequential loss, for loss of profit, loss of revenue, loss of goodwill or loss of anticipated savings, arising from the site or from an engagement.

To the extent permitted by law, the total liability of the company for all claims arising from an engagement is limited to the fees paid for the round to which the claim relates. Where a claim covers more than one round, the limitation is the total fees paid under the engagement agreement.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, wilful misconduct or death and personal injury caused by negligence. The limits also do not apply to a breach of confidentiality where the breach was knowing.

14. Indemnification

You agree to indemnify the company against claims, losses and reasonable costs that arise from your breach of these terms, from your misuse of the site, or from a direction you give the company that infringes the rights of a third party.

The company agrees to indemnify the client against claims that a deliverable, used as intended, infringes the intellectual property of a third party, provided the client tells the company promptly and allows the company to direct the defence.

The party seeking indemnity must give the other party written notice without undue delay and must not settle a claim in a way that admits fault on behalf of the other party without written consent.

15. Suspension and termination

Either party may end an engagement with the notice period stated in the engagement agreement. If the agreement sets no period, thirty days of written notice apply, and work already carried out up to the end date remains payable.

The company may suspend work immediately where a client has not paid a valid invoice after the agreed grace period, where a client asks the crew to act unlawfully, or where continuing the work would put a person at risk. The company will confirm the suspension in writing and state what must happen for the work to resume.

On termination the company delivers the fan sheet and any other deliverables that have been paid for, returns or deletes confidential material as directed, and keeps its own records for the retention period described in the privacy policy. Sections on confidentiality, intellectual property, liability and governing law survive termination.

16. Force majeure

Neither party is liable for a delay or failure caused by an event beyond reasonable control, including a natural disaster, an epidemic, a power failure, a network outage at a shared provider, civil unrest or a change in law that prevents performance.

The affected party will tell the other promptly, will keep the other informed of the expected recovery and will resume performance as soon as it can. Bench slots lost to such an event are rescheduled rather than cancelled.

If such an event continues for more than sixty days, either party may end the affected engagement in writing, and the client pays for the work completed up to that point. The remainder of the engagement falls away without further penalty.

17. Governing law and disputes

These terms and any engagement agreement are governed by the laws of China. The parties will first try to resolve a dispute through good faith discussion between the bench lead and the client contact, within thirty days of written notice of the dispute.

If discussion does not resolve the matter, the dispute is referred to the competent court at the company place of business in Kunming, unless the engagement agreement names a different forum. Where local consumer law of the client grants a different forum, that rule applies to the extent required.

Before starting formal proceedings, the parties agree to exchange a short written account of the dispute and the remedy sought, so that the issues are clear and the cost of the process is proportionate to the amount at stake.

18. Changes to these terms

The company may revise these terms to reflect a change in its services, in the law or in the way the site works. The revised terms take effect when the new version is published with an updated date at the top of the page.

A change does not alter an engagement that began before the revision unless the signed engagement agreement itself is amended in writing. Where a revision is material to existing clients, the company will send a notice to the client contacts on record.

If you do not accept a revision, you may stop using the site. Continuing to use the site after the publication date means that the revised terms apply to your use from that date.

19. General provisions

If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in force, and the invalid provision is read down to the minimum extent needed to make it effective where the law allows.

A failure to enforce a provision is not a waiver of that provision or of any right under these terms. A waiver is effective only when given in writing by an authorized representative of the party granting it.

These terms and the engagement agreement together form the whole agreement between the parties on this subject and replace any earlier discussion. Nothing in this section excludes liability for a fraudulent statement made before the agreement was signed.

20. How to contact us

Questions about these terms may be sent to Kunming Fanbi E-commerce Co., Ltd. by email at sales@fanbidigital.autos, by telephone at +14064455173, or by post to Unit 2, Room 705, Building 3, Zhicheng Homeland, Fengning Subdistrict, Wuhua District, Kunming - 650000, China (CN).

Please mark a legal notice clearly in the subject line so that the bench lead can route it on the first working day. The company will acknowledge every notice and name the person responsible for the reply.

These terms are written in English. If a translation is provided for convenience, the English text remains the reference version where there is any conflict. Thank you for reading these terms and for working with the bench.

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