1. Acceptance of Terms
Welcome to the website of VictoryMoon, the developer behind the services described on this site, operated on behalf of Changsha Shengxiyue E-Commerce Co., Ltd., No. 164, Heping Group, Baisha Village, Daweishan Town, Liuyang, Changsha - 410000, China. These terms of service govern your access to and use of this website and any professional services that we provide to you.
By accessing this website, browsing its content, or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use this website or our services. Where you use our services on behalf of an organization, you confirm that you have the authority to bind that organization to these terms.
We may revise these terms from time to time, and the current version is always published on this page. Your continued use of the website or our services after any revision takes effect means that you accept the revised terms, so we recommend that you review this page periodically.
2. About Our Services
VictoryMoon provides computer systems design and related services, computer integrated systems design, and associated professional and technical services. Our work includes systems architecture and design, data engineering, platform engineering, systems integration, security engineering, and managed operations.
Descriptions of services on this website are provided for general information and do not constitute a binding offer to provide a specific service at a specific price. A binding commitment arises only when you and we sign a written agreement, a statement of work, or an order form that defines the scope, deliverables, timeline, and fees for a particular engagement.
The exact scope of every engagement is defined in the relevant written agreement, and where these terms conflict with a signed agreement, the signed agreement prevails for the specific engagement it covers. We reserve the right to modify, suspend, or discontinue any part of our services at any time, provided that any commitment already agreed in writing remains honored according to its own terms.
3. Eligibility
Our website and services are intended for business and professional users. By using this website, you confirm that you are at least the age of majority in the country where you reside, or that you are accessing the site on behalf of an organization with the authority to do so.
If you are under the age of majority, you may use this website only under the supervision of a parent or guardian who agrees to be responsible for your actions. Our services are not directed at children, and we do not knowingly accept engagements that require us to collect personal information from children.
We reserve the right to refuse service, to reject an inquiry, or to decline to enter into an agreement with any person or organization for any lawful reason, including, without limitation, where we determine that an engagement is outside our expertise, raises a conflict of interest, or carries an unacceptable level of risk.
4. Accounts and Registration
Some of our services may require you to register an account or to provide contact details so that we can manage the relationship. When you register, you agree to provide accurate, current, and complete information and to keep that information up to date as things change.
You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activity that occurs under your account. If you become aware of any unauthorized use of your account or any breach of security, you must notify us promptly so that we can help you protect your data.
We may suspend or close an account at our discretion if we reasonably believe that the account is being used in a way that violates these terms, harms other users, or risks the integrity of our systems. Where an account is associated with an active engagement, we will honor the terms of that engagement in accordance with the applicable written agreement.
5. Acceptable Use
You agree to use our website and services only for lawful purposes and in a manner that does not interfere with the normal operation of the site or the experience of other visitors. You must not attempt to gain unauthorized access to any part of our systems, to probe or scan our infrastructure, or to circumvent any security measure we have in place.
You must not use our services to store, transmit, or process unlawful content, malicious software, or material that infringes the rights of any third party. You must not attempt to reverse engineer, decompile, or extract the source code of any software we provide, except to the extent that applicable law expressly permits such activity.
You must not use automated tools to scrape, harvest, or systematically download content from our website, nor use the site to send unsolicited communications. We reserve the right to restrict access to the website at any time for users who, in our reasonable judgment, violate these terms or place an unreasonable load on our systems.
6. Client Responsibilities
Successful engagements depend on a clear division of responsibility. You agree to provide us with timely access to the people, information, systems, and facilities that we reasonably need to perform the work, and you agree that the information you provide is accurate and complete.
You are responsible for making decisions on matters that are yours to decide, including product direction, commercial terms, and any regulatory approvals that apply to your business. Where an engagement depends on decisions from your side, delays in providing those decisions may affect the timeline, and we will adjust schedules accordingly in writing.
You agree to review deliverables and to provide feedback within the timeframes set out in the statement of work. If you do not provide feedback within those timeframes, we may proceed on the basis of the information available and treat the deliverables as accepted in accordance with the acceptance provisions of this agreement.
7. Intellectual Property
All content on this website, including text, graphics, logos, and code, is the property of VictoryMoon, Changsha Shengxiyue E-Commerce Co., Ltd., or their respective licensors, and is protected by applicable intellectual property laws. You may view and download content from this site for your personal and internal business use only.
Where we develop custom software, designs, or other deliverables for you under a signed agreement, ownership of those deliverables transfers to you upon full payment of the fees due for the relevant engagement, except for any components that we license from third parties and any pre-existing tools, libraries, frameworks, and methodologies that we use in our work.
We grant you a non-exclusive, non-transferable license to use the deliverables for the purpose described in the agreement. You may not resell, sublicense, or distribute our proprietary tools and methods without our prior written consent. We retain ownership of our internal tools, templates, and know-how, and nothing in these terms transfers that ownership to you.
8. Fees and Payment
Fees for our services are set out in the relevant proposal, statement of work, or order form. Unless otherwise agreed in writing, fees are quoted in a specified currency and exclude applicable taxes, which will be added at the rate in force at the time of invoicing.
Invoices are due within the payment period stated on the invoice, typically thirty days from the invoice date. If payment is not received by the due date, we may suspend work on the relevant engagement until the outstanding amount is settled, and we may charge interest on overdue amounts at the rate permitted by law.
Expenses reasonably incurred in the delivery of the services, such as travel and third-party licenses, are reimbursable where we have agreed this in writing in advance. We will provide receipts for such expenses, and no significant expense will be incurred without your prior approval.
9. Delivery and Acceptance
Each engagement defines its own deliverables, milestones, and acceptance criteria in the written agreement. We will work to the timelines agreed, and we will keep you informed of progress through the reporting cadence described in the statement of work.
When we deliver a milestone or a final deliverable, you will have a reasonable opportunity to review it against the agreed acceptance criteria. If the deliverable does not meet the criteria, you must notify us in writing of the specific deficiencies, and we will use reasonable efforts to correct them at no additional charge.
If you do not notify us of deficiencies within the review period stated in the agreement, or if you begin using the deliverable in a production environment, the deliverable is deemed accepted. Changes requested after acceptance are handled as additional work under a revised statement of work and may be subject to additional fees.
10. Warranties
We warrant that our services will be performed in a professional and workmanlike manner by qualified personnel, and that the deliverables will conform in all material respects to the specifications set out in the written agreement. We warrant that we have the right and authority to enter into the agreement and to perform the services.
To the maximum extent permitted by law, we make no other warranties of any kind, whether express, implied, or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The services are provided on an as-is basis except for the express warranties set out in this section.
Our sole liability for any breach of the warranty in this section is to re-perform the affected services at no additional charge, or, at our option, to refund the fees paid for the non-conforming portion of the work. Any warranty claim must be reported to us in writing within ninety days of the delivery of the affected deliverable.
11. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or cost of substitute services, arising out of or in connection with the services or these terms.
Except for amounts arising from a breach of confidentiality, a breach of intellectual property obligations, or a party indemnification obligations, the total aggregate liability of each party for all claims arising out of or in connection with these terms will not exceed the total fees paid or payable by you to us under the relevant engagement during the twelve months preceding the claim.
The limitations in this section apply regardless of the form of action, whether in contract, tort, or otherwise, and they survive any termination of the agreement. Where the law of your jurisdiction does not permit a limitation of liability, the limitations apply to the maximum extent allowed by that law.
12. Indemnification
You agree to indemnify, defend, and hold harmless VictoryMoon, Changsha Shengxiyue E-Commerce Co., Ltd., and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your breach of these terms, or your violation of any law or the rights of any third party.
We agree to indemnify you against claims that the deliverables we create for you infringe a third-party patent, copyright, or trade secret, provided that you give us prompt written notice of the claim, allow us to control the defense, and provide reasonable cooperation. We will not be liable for any infringement claim based on modifications made to the deliverables by you or by third parties.
If an infringement claim is made or is likely, we may, at our option and expense, procure the right to continue using the deliverable, modify it so that it becomes non-infringing, or replace it with a non-infringing equivalent. If none of these options is reasonably available, we may terminate the affected engagement and refund the fees for the non-conforming portion.
13. Confidentiality
During the course of our relationship, each party may disclose confidential information to the other. Confidential information means any non-public information, whether written, oral, or electronic, that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
Each party agrees to hold the other confidential information in strict confidence, to use it only for the purpose of the engagement, and to disclose it only to those of its personnel and advisers who need to know it and who are bound by obligations of confidentiality at least as protective as these terms.
These confidentiality obligations do not apply to information that is or becomes publicly available without breach, that was already lawfully in the receiving party possession, that is independently developed without reference to the disclosed information, or that is required to be disclosed by law. The confidentiality obligations survive the termination of any engagement for a period of three years.
14. Third-Party Services
Our deliverables and our recommended stacks may incorporate third-party software, cloud platforms, and other services. These third-party services are governed by their own terms and licenses, and your use of them is subject to those terms as well as to this agreement.
We will identify the third-party services that form part of a deliverable and will make reasonable efforts to select providers with strong security and reliability records. However, we do not control those services and we are not responsible for their availability, performance, or security, except as expressly set out in the statement of work.
If a third-party service is discontinued, changes its terms materially, or becomes unavailable, we will work with you to identify a suitable replacement as part of the ongoing services, and any resulting change in fees will be agreed in writing before the change is made.
15. Termination
You may terminate an engagement at any time by giving us written notice, and we may terminate an engagement with written notice to you. Termination takes effect on the date stated in the notice, which must give a reasonable period for the orderly handover of work in progress.
Upon termination, you will pay for all work performed and all fees earned up to the effective date of termination, including non-refundable charges already incurred. We will deliver the completed deliverables and work in progress that you have paid for, together with a reasonable handover to your team or a designated successor.
These terms, including the sections on intellectual property, confidentiality, limitation of liability, indemnification, and governing law, survive any termination. Termination of one engagement does not terminate these terms as they apply to your ongoing use of this website.
16. Changes to These Terms
We may revise these terms of service from time to time to reflect changes in our business, our services, or applicable law. When we make material changes, we will revise the date at the top of this page and, where appropriate, notify you through the website or by email.
Your continued use of the website or our services after the revised terms take effect constitutes your acceptance of the revised terms. If you do not accept the revised terms, you may stop using the website and decline to enter into new engagements, and any existing written agreement remains governed by the terms in force when it was signed.
We will not apply revised terms retroactively to engagements already covered by a signed agreement, unless the law requires us to do so or both parties agree in writing. The version of these terms published on this page is always the current and effective version.
17. Governing Law and Disputes
These terms and any agreement formed under them are governed by the laws of the People Republic of China, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.
Both parties agree to attempt in good faith to resolve any dispute arising out of or in connection with these terms through friendly consultation before resorting to formal proceedings. If the dispute is not resolved through consultation within sixty days, either party may refer the matter to the competent courts of the location of the registered address of Changsha Shengxiyue E-Commerce Co., Ltd.
Nothing in this section limits the right of either party to seek injunctive or other equitable relief to protect its confidential information or intellectual property. You acknowledge that a breach of the confidentiality or intellectual property obligations may cause irreparable harm for which monetary damages would be an inadequate remedy.
18. Severability and Waiver
If any provision of these terms is held to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
The failure of either party to enforce any provision of these terms will not be deemed a waiver of that provision or of the right to enforce it later. A waiver of any provision will be effective only if it is in writing and signed by the party against whom it is asserted.
No course of dealing between the parties and no trade practice will modify any provision of these terms. The headings in these terms are for convenience only and do not affect the interpretation of the provisions they describe.
19. Entire Agreement
These terms, together with any signed statement of work, order form, or other written agreement between the parties, constitute the entire agreement between you and us regarding the subject matter described here and supersede all prior agreements, understandings, and communications, whether written or oral.
In the event of any conflict between these terms and a signed statement of work, the statement of work prevails with respect to the specific engagement it covers, and these terms prevail in all other respects. Any purchase order or similar document issued by you is accepted for reference only and does not modify these terms.
No term of these terms is enforceable by a person who is not a party to it. Both parties confirm that they have had the opportunity to obtain legal advice on these terms and that they enter into the relationship freely and voluntarily.
20. Contact Information
If you have any questions, concerns, or requests regarding these terms or any engagement with us, please contact our team using the details below. We will respond to your inquiry within a reasonable time and, where applicable, within the period set by law.
Our registered address is: Changsha Shengxiyue E-Commerce Co., Ltd., No. 164, Heping Group, Baisha Village, Daweishan Town, Liuyang, Changsha - 410000, China. You may write to us at this address or reach us electronically at the contact details provided below.
Our support team can be reached by email at assist@victorymoon.buzz or by telephone at +18648109317. Please include as much context as you can in your message so that we can address your inquiry quickly and accurately.