Effective Date: 26 August 2026
Introduction
These terms of service govern your access to and use of the website located at https://www.forestprosper.buzz and the computer systems design and integrated systems services offered by ForestProsper, a brand operated by Kunming Linchang Gong E-commerce Co., Ltd. (Rm 1104, 11/F, Culture & Technology Building, No. 371 Qingnian Road, Wuhua District, Kunming - 650000, China (CN)). By accessing the website, requesting a proposal, or engaging our services, you agree to be bound by these terms. Please read them carefully before using the website or our services. If you do not agree with any part of these terms, you should not use the website or our services. We may update these terms from time to time, and the version posted on this page will apply to your use at that time.
Acceptance of These Terms
By using our website, submitting an inquiry, signing a statement of work, or otherwise instructing us to begin work, you accept these terms and agree to comply with them. Your acceptance applies to you individually and, where you act on behalf of an organization, to that organization as well. If you accept these terms on behalf of an organization, you confirm that you have the authority to bind that organization. These terms form a binding agreement between you and us. Where a separate written agreement exists for a specific project, such as a master services agreement or a statement of work, that agreement will govern the specific project, and these general terms will apply to the extent they do not conflict with it.
Eligibility
Our website and services are intended for business and professional use. To use our services, you must be at least eighteen years of age and capable of forming a legally binding contract. If you are under eighteen, you may use our website only under the supervision of a parent or guardian, and you may not enter into any engagement with us without the consent of that parent or guardian. By using our services, you confirm that you meet these requirements and that all information you provide to us is accurate and complete. We may verify the information you provide, and we may decline to provide services to any person or organization at our discretion, within the limits of applicable law.
Description of Services
ForestProsper provides computer systems design and computer integrated systems design services. Our services include requirements analysis, solution architecture and design, data services and analytics, platform and infrastructure engineering, systems integration, API development, security and resilience design, managed operations, and ongoing technical support. The specific scope of each engagement is defined in a statement of work or proposal issued before work begins. We perform our services using skilled staff and reasonable care, and we will deliver them according to the agreed schedule. We may refine the technical approach during the engagement when such changes improve the outcome, provided the scope, cost, and timeline are adjusted by agreement. Any service not listed in the agreed scope requires a separate agreement.
Client Responsibilities
You are responsible for providing accurate and complete information about your requirements, your environment, and your constraints, so that we can deliver the agreed services. You will provide timely access to the systems, data, facilities, and people we need to perform the work, and you will appoint a single point of contact who can make decisions on your behalf. You are responsible for ensuring that you have the legal right to share any data you provide to us and to authorize the work we perform. You will obtain any permissions, consents, and licenses required for the work within your environment. Delays caused by missing information, unavailable access, or incomplete decisions may extend the agreed schedule, and we will agree a revised timeline in that case.
Accounts and Registration
Some of our services may require you to create an account, choose credentials, or authorize named individuals. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly if you suspect any unauthorized use of your account or any breach of security. We may require named contacts for access to project portals, repositories, and support systems, and you are responsible for ensuring that those contacts are current and that access is removed when a person leaves your organization. We are not liable for losses caused by your failure to protect your credentials or by activity performed using your account where you failed to keep them secure.
Fees and Payment
The fees for our services are set out in the relevant proposal, quotation, or statement of work. Unless otherwise agreed, fees are quoted in the currency stated in the proposal and exclude applicable taxes, which will be added at the prevailing rate. Invoices are payable within the period stated on the invoice, typically thirty days from the invoice date. If payment is not received on time, we may suspend work until the outstanding amount is paid, and we may charge reasonable interest on overdue amounts as permitted by law. Fees do not include third party costs such as software licenses, hardware, cloud usage, or certification fees unless the proposal states otherwise. Any such costs will be identified in advance and will be payable by you.
Invoicing and Expenses
We issue invoices at milestones defined in the statement of work, or monthly for ongoing managed services. Each invoice itemizes the work performed and any reimbursable expenses. Reimbursable expenses include travel, accommodation, and third party fees that we incur on your behalf and that you have approved in advance. We will seek your approval before incurring significant expenses, and we will provide receipts on request. Invoices remain payable even if you dispute a minor item, provided the disputed amount is reasonable and you are pursuing the matter in good faith. Any undisputed portion of an invoice remains due on the original due date.
Delivery and Acceptance
For fixed scope projects, we deliver the agreed outputs according to the timeline in the statement of work. When we deliver a milestone, you will have a defined acceptance period, typically ten business days, to review the work and confirm it meets the agreed criteria. You will provide reasonable feedback within the acceptance period. If you do not raise a written objection within the acceptance period, the milestone will be considered accepted. If you identify defects, we will correct them within a reasonable time at no additional cost, provided they result from our failure to meet the agreed specification rather than from changes in your requirements. Acceptance of a milestone does not release you from your obligations under these terms.
Intellectual Property
All rights, title, and interest in our methods, tools, frameworks, and pre-existing intellectual property remain with us. Any intellectual property we create specifically for your project under a paid engagement, such as custom software code, architecture documents, data models, and configuration designed for your environment, is assigned to you upon full payment of the fees for that engagement, unless the statement of work provides otherwise. Open source components remain subject to their original open source licenses. Nothing in these terms transfers ownership of our proprietary tools or of any intellectual property that exists before the engagement or that is created independently of the engagement. We retain the right to reuse general knowledge, patterns, and experience gained during the engagement, provided we do not disclose your confidential information.
Licenses
To the extent that we provide you with any software, templates, or materials as part of the engagement, we grant you a non-exclusive, non-transferable, royalty-free license to use them solely for the purposes described in the statement of work, subject to your full payment of the applicable fees. You may not sublicense, resell, or redistribute our proprietary tools without our written consent. If we use any third party software in your solution, your use of that software is subject to the license terms of its owner, and we will identify those components in the delivery documentation. We do not grant you any rights in our tools beyond the specific license described here.
Confidentiality
Each party will treat the confidential information of the other party with the same care it uses for its own confidential information, and in no event less than reasonable care. Confidential information includes technical data, business plans, financial information, source code, project documentation, and any information marked as confidential or disclosed in circumstances where a reasonable person would understand it to be confidential. Each party will use the confidential information of the other party only to perform the services and will not disclose it to third parties except to those who need it for the engagement and who are bound by similar obligations. These obligations survive the end of the engagement and remain in effect for a period of five years, except for trade secrets, which remain protected for as long as they qualify as trade secrets.
Acceptable Use
You agree to use our website and services only for lawful purposes and in a manner that does not interfere with the operation of our systems or the experience of other users. You will not attempt to gain unauthorized access to our systems, upload malicious software, probe or scan our infrastructure, submit false information, or misuse our support channels. You will not use our services to infringe the rights of any third party, including intellectual property rights. We may suspend access to our website or services, without notice, if we reasonably believe that your activity threatens the security or stability of our systems or violates these terms. Upon suspension, you remain responsible for fees accrued up to the date of suspension.
Client Content
You retain ownership of all content, data, and materials you provide to us in connection with the engagement, including your data, your files, and any content you submit through our website. You grant us a limited license to use that content for the purpose of performing the services, including copying, processing, and storing it as required. You confirm that you have the rights to provide us with this content and that it does not violate any law or the rights of any third party. We will not use your content for purposes unrelated to the engagement, and we will return or delete your content at the end of the engagement as described in the relevant agreement, subject to our backup and legal retention obligations.
Third Party Services
Your solution may rely on third party services, such as cloud platforms, software licenses, and external APIs. We select these services carefully and we configure them professionally, but we do not control and are not responsible for the performance, availability, or security of third party services. The terms of service of those providers apply to your use of them, and you agree to comply with those terms. We will disclose the identity of material third party services used in your solution. If a third party service changes its offering, its pricing, or its terms, we will inform you and we will work with you to identify alternatives where practical. We are not liable for losses caused by the actions or failures of third party services beyond our reasonable control.
Warranties and Disclaimers
We warrant that we will perform our services using reasonable skill and care and in accordance with the agreed specification. We warrant that our staff have the necessary qualifications and that we will comply with applicable law in the performance of the services. Except as expressly stated in these terms or in a signed statement of work, our website and our services are provided as is, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website or any system we deliver will be free of errors, interruptions, or security vulnerabilities, or that any third party service will remain available. Our obligations under any warranty are limited to correcting defects, re-performing the affected work, or, at our option, refunding the fees paid for the affected work.
Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or loss of business opportunity, arising out of or related to these terms or the services, even if the party was advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or related to these terms or the services, whether in contract, tort, or otherwise, will not exceed the total fees paid by you to us in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you. Nothing in these terms limits liability that cannot be limited under applicable law.
Indemnification
You will indemnify and hold harmless ForestProsper and our officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses arising out of your use of the website or services, your breach of these terms, your violation of any law, or your infringement of any third party rights, including claims related to content you provide to us. We will notify you promptly of any claim subject to indemnification and give you the opportunity to control the defense, provided that any settlement that admits liability on our part or that binds us requires our prior written consent. Our right to indemnification does not apply to claims arising from our own negligence or willful misconduct.
Data Protection and Privacy
Each party will comply with applicable data protection laws in connection with the services. Our processing of your personal information as a website visitor is described in our privacy policy, which forms part of these terms. Where we process data on your behalf as part of the services, you are the controller and we are the processor, and we will process that data only for the purposes of the services and according to your documented instructions. We will implement reasonable technical and organizational measures to protect data, will assist you with data subject requests where required, and will delete or return data at the end of the engagement as agreed. We will not use your data for our own purposes without your consent.
Term and Termination
These terms take effect when you first use our website or request our services and continue until terminated. You may terminate an engagement by written notice, in which case you will pay for all work performed and all costs committed up to the effective date of termination. We may terminate an engagement for convenience with reasonable written notice, in which case you will pay for work performed to date and we will refund any prepaid fees for work not yet performed. Either party may terminate with immediate effect if the other party commits a material breach and fails to remedy it within thirty days of written notice. Upon termination, provisions that are intended to survive will remain in force.
Suspension of Services
We may suspend our services immediately, in whole or in part, if you fail to pay an invoice on time, if you breach these terms, if your activity poses a security risk, or if required by law. During a suspension, we will take reasonable steps to protect your data and your systems. We will notify you as soon as practical, unless giving notice would defeat the purpose of the suspension, and we will explain the steps you must take to restore service. A suspension does not release you from your payment obligations. If a suspension continues for more than thirty days for reasons within your control, we may terminate the engagement and apply the termination provisions of these terms.
Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these terms where that failure results from an event beyond its reasonable control, including natural disasters, war, civil unrest, public health emergencies, government action, internet or power failures, and failures of third party infrastructure. The affected party will notify the other party promptly and will use reasonable efforts to resume performance as soon as practical. If the event continues for more than sixty days, either party may terminate the affected engagement by written notice without liability, and the party that has received payment will refund any prepaid amounts for services not yet delivered, less any unavoidable costs already incurred.
Governing Law
These terms are governed by the laws of China. Any dispute arising out of or related to these terms or our services will be subject to the exclusive jurisdiction of the courts located in Kunming, China, unless applicable law requires otherwise. You agree to submit to the personal jurisdiction of those courts. We may also seek equitable relief, including injunctions, in any court of competent jurisdiction where your actions cause harm that monetary damages cannot adequately remedy. If mandatory consumer protection law in your country grants you rights that cannot be waived, those rights remain unaffected.
Dispute Resolution
We value long term relationships and we prefer to resolve disagreements directly. Before commencing any formal proceedings, both parties will attempt to settle any dispute arising out of these terms through good faith negotiation, beginning with a written description of the dispute sent to the other party. If the dispute is not resolved within thirty days of that notice, either party may escalate the matter as provided in these terms. Nothing in this section prevents either party from seeking urgent interim relief from a court where necessary to protect its rights. The party prevailing in any formal proceeding will be entitled to recover its reasonable legal costs as permitted by law.
Changes to These Terms
We may revise these terms from time to time to reflect changes in our services, our business, or the law. When we make changes, we will update the effective date at the top of this page and we will post the revised terms on this page. If a change materially affects you, we will provide reasonable notice, either by a notice on our website or by email where we hold your contact details. Your continued use of the website or services after the revised terms are posted constitutes acceptance of the revised terms. If you do not accept the revised terms, you may stop using the website and services and terminate any active engagement as provided elsewhere in these terms.
Severability
If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, it will be severed from these terms, and the remaining provisions will continue in full force and effect. The invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions. Where a provision is modified, the parties will negotiate in good faith to agree on a replacement provision that reflects the original intent as closely as possible.
Entire Agreement
These terms, together with any statement of work, proposal, quotation, or other written document you agree to with us, constitute the entire agreement between you and us regarding the subject matter and supersede all prior discussions, representations, and agreements, whether written or oral. You acknowledge that you have not relied on any statement or promise that is not set out in these terms or in a signed document. No modification of these terms will be binding unless it is in writing and signed by both parties. Our failure to enforce any provision of these terms will not constitute a waiver of that provision or of our right to enforce it later.
Contact Information
If you have any questions about these terms, or if you wish to contact us for any reason related to our services, please reach us by email at assist@forestprosper.buzz, by telephone at +13807777125, or by post at: ForestProsper, Kunming Linchang Gong E-commerce Co., Ltd., Rm 1104, 11/F, Culture & Technology Building, No. 371 Qingnian Road, Wuhua District, Kunming - 650000, China (CN). We will acknowledge your message within two business days and we will respond fully as soon as practical. Please include enough detail in your message for us to locate the relevant account or project and to respond accurately.