1. Agreement to These Terms

By accessing this website, submitting a port through the contact form, sending an email to the studio or engaging ChengDu YouShuoJiaLian Technology Co., Ltd. for any of the services described on the website, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use the website or the services.

These terms apply together with any written engagement letter or quotation that the studio issues for a specific project. Where the engagement letter conflicts with these terms, the engagement letter prevails for that project only. No verbal statement made at the bench changes these terms unless it is confirmed in writing by an authorised representative of the Company.

2. Definitions

In these terms, the following words have the meanings given here.

3. Services We Provide

The Company provides computer integrated systems design services through a link bench studio operated from its Chengdu lab desk at 1/F, No 19 Zhixing 3rd Road, Chenghua District, ChengDu City - 610000, China (CN). The Services are delivered at the bench and, where the Engagement requires it, at the client site.

The scope of each Engagement is defined in a written quotation or engagement letter before work begins. The Company will not expand the scope of an Engagement without the written agreement of the Client. Descriptions on the website are provided for information and do not by themselves create a binding obligation to deliver a stated outcome.

4. Eligibility

You may use the website and request the Services if you are legally able to enter into a binding contract and if you have authority to act for the organisation on whose systems the work will be performed. By requesting an Engagement, you confirm that you hold that authority.

The Website and the Services are intended for business use. They are not designed for personal, household or consumer use, and nothing on the website should be read as an invitation to use the Services for personal purposes.

5. Permitted Use of the Website

You may view the website and use its content for the purpose of learning about the Services and contacting the Company. You agree not to do any of the following:

The Company may suspend access to the website where it reasonably believes that a user has breached these rules.

All content on the website is provided for general information. It does not constitute technical advice for a specific system, and it should not be relied on in place of a bench sitting. If you need advice about a live system, please contact the studio and arrange a proper review.

6. Engagements and Quotations

A quotation is an indication of the scope and cost of a proposed Engagement. It remains valid for the period stated in the quotation, or for thirty days if no period is stated. An Engagement begins only when the Client accepts the quotation in writing and, where required, pays any agreed deposit.

Where the Client requests a site visit before a quotation can be prepared, the Company may charge for that visit and will state the charge in advance. Any information gathered during the visit becomes part of the record for the Engagement.

7. Client Responsibilities

The Client is responsible for the following throughout an Engagement.

Where a delay or defect is caused by a failure of the Client to meet these responsibilities, the Company may charge for the additional time and is not liable for any resulting loss.

8. Fees and Payment

Fees are stated in the quotation and are exclusive of any taxes that the law requires the Company to add. The Company issues an invoice when an Engagement is agreed or when a sitting is completed, according to the terms of the quotation.

Unless the quotation states otherwise, invoices are payable within fifteen days of the invoice date. The Company may charge interest on late payment at a rate disclosed on the invoice. Where the Client repeatedly pays late, the Company may require payment in advance for future work.

If a Client disputes part of an invoice, the undisputed part remains payable on time. The Company will review the disputed part promptly and will respond in writing.

Expenses that the Company must incur to deliver an Engagement, such as travel to a site outside the Chengdu area or the purchase of a cable that is not already on the bench, are charged at cost and are listed separately on the invoice. The Client is told about any expected expense before it is incurred. Where a quotation is prepared in a currency other than the currency of payment, the invoice states the exchange rate that was applied.

9. Scheduling and Bench Windows

Bench windows are scheduled by mutual agreement and confirmed in writing. The Client must ensure that access is available at the start of the window. If the Client cannot provide access, the Company may treat the window as cancelled if the delay exceeds two hours and may charge a standby fee.

If the Company must reschedule a window for its own reasons, it will offer the earliest reasonable alternative and will not charge a standby fee for the disrupted window. Where rescheduling is caused by a force majeure event, the provisions of the force majeure section apply.

10. Deliverables and Records

The Company provides link sheets, port notes and client letters for every completed Engagement. These records describe the state of the system as observed at the time of the sitting. They do not certify the performance of devices or software supplied by third parties, and they do not replace the manufacturer documentation for any product.

Where a Deliverable is based on information supplied by the Client, the Company relies on that information in good faith. Errors in the Client data may be reflected in the Deliverable and are corrected without charge within thirty days of the Client notifying the Company.

Deliverables are supplied as a working record, not as a safety certificate. The Client remains responsible for the safe operation of its own systems after the sitting ends, and for keeping the link sheet up to date when changes are made by others. The Company recommends a signal review round at regular intervals so that the record continues to match the wall, and a client who follows that recommendation will usually find that later sittings take less time.

11. Changes and Additional Work

A change requested after an Engagement has started is accepted only in writing. The Company will state the effect of the change on the schedule and the fee before proceeding. Where the change is urgent and cannot wait for a written estimate, the Company may proceed on the clear verbal instruction of the Client and will confirm the effect in writing afterwards.

12. Cancellation and Rescheduling

The Client may cancel a sitting by written notice. Where notice is given more than two working days before the start of the window, the Company will not charge for the cancelled time, except for any travel or materials already committed. Where notice is given later, the Company may charge up to the full value of the reserved window.

The Company may cancel a sitting where it becomes unsafe or impracticable to proceed. In that situation the Company will refund any fee paid for the cancelled time or will carry the fee forward to a replacement window at the choice of the Client.

13. Warranties and Disclaimers

The Company provides the Services with reasonable skill and care and in line with the written scope of the Engagement. If a Deliverable does not meet that standard, the Company will correct it at no additional cost, provided the Client notifies the Company within thirty days of the completion of the sitting.

Except as stated above, the Website and the Services are provided on an as is basis. The Company disclaims any implied warranty of merchantability, fitness for a particular purpose or non infringement, to the fullest extent permitted by law. The Company does not warrant that the Website will be uninterrupted or free of error, or that a system will never fail after a sitting.

14. Limitation of Liability

To the fullest extent permitted by law, the total liability of the Company for any claim arising from an Engagement is limited to the fees paid by the Client for that Engagement in the twelve months before the claim arose.

The Company is not liable for any indirect, incidental, special, consequential or punitive loss, including loss of profit, loss of business, loss of data or loss of expected savings, even if the Company was advised of the possibility of that loss. Nothing in these terms excludes liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by negligence.

15. Indemnity

The Client agrees to indemnify the Company against any claim, loss or expense that arises from the Client data, from a third party product supplied by the Client, or from a breach of these terms by the Client. This obligation continues after the Engagement ends.

16. Intellectual Property

The text, layout, styling and imagery of the Website are owned by the Company or used with permission. You may not reproduce substantial parts without written consent.

The Client owns the Client data and the systems it controls. The Company gives the Client a perpetual, non exclusive licence to use the link sheets, port notes and client letters prepared for that Client, including the right to share them with the Client personnel who operate the system. The Company retains ownership of its own methods, templates and internal working material.

17. Confidentiality

Each party agrees to keep confidential the non public information of the other party and to use it only for the purpose of the Engagement. This obligation does not apply to information that is already public, that is independently developed without reference to the other party, or that must be disclosed by law, provided the disclosing party gives notice where it is allowed to do so.

The confidentiality obligation continues for three years after the Engagement ends, or for the longer period required by the nature of the information.

18. Privacy and Data Protection

Personal data is handled as described in the Privacy Policy published on this website. By using the Services, the Client confirms that it has the right to share any personal data that it supplies to the Company and that it has given the relevant notice to the people whose data it shares.

19. Third Party Products

The Services may involve devices, software or cabling supplied by third parties. The Company does not warrant those products and is not responsible for their performance. Any warranty for a third party product is provided by its manufacturer, and the Client should raise a product claim directly with that manufacturer.

20. Suspension and Termination

Either party may end an Engagement by written notice if the other party commits a material breach and does not remedy it within fifteen days of notice. The Company may suspend access to the Website immediately where it reasonably believes that a user threatens the security of the Website or the safety of the bench.

On termination, the Client pays for work completed up to the date of termination, and the Company delivers any completed Deliverable. Clauses that by their nature should survive termination, including confidentiality, intellectual property, indemnity and limitation of liability, continue to apply.

21. Force Majeure

Neither party is liable for a delay or failure caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil disturbance, power failure, internet outage or an act of a public authority. The affected party must notify the other promptly and must take reasonable steps to reduce the effect of the event. If the event continues for more than thirty days, either party may end the affected Engagement without further liability.

22. Governing Law and Disputes

These terms are governed by the laws of the People Republic of China. The parties will first attempt to resolve any dispute through good faith discussion at the Chengdu lab desk. If discussion does not resolve the dispute within thirty days, the dispute will be submitted to the competent court in Chengdu, China, unless the law requires a different forum.

23. General Provisions

If any part of these terms is found to be invalid, the remaining parts continue in full force. A failure to enforce a right does not waive that right. The Client may not assign these terms without the written consent of the Company. The Company may assign these terms to a successor that accepts the same obligations.

These terms, together with the Privacy Policy and the engagement letter for a specific project, form the entire agreement between the parties for the use of the Website and the Services.

24. Contact Details

Questions about these Terms of Service should be sent to the address below.

ChengDu YouShuoJiaLian Technology Co., Ltd.
1/F, No 19 Zhixing 3rd Road, Chenghua District, ChengDu City - 610000, China (CN)
Email: links@elitelink.mom
Phone: +17409964938