1. Acceptance of These Terms
Welcome to https://www.bayhaven.buzz. These Terms of Service govern your use of the website and the purchase and delivery of services provided by DRISDA SOLUTION LIMITED, a company registered in Hong Kong with its office at Rm 01 26/F WORKING VIEW COML BLDG, 21 YIU WAH ST, Causeway Bay, Hong Kong (HK).
By accessing the website or engaging the Company for services, you accept these terms in full. If you do not agree with any part of these terms, please do not use the website or order our services. These terms form a legal agreement between you and the Company.
We may update these terms from time to time, and the latest version published on this page always applies. We encourage you to read the full document before you begin a project with us.
By accepting these terms you also accept the Company Privacy Policy, which explains how we handle personal data, and any statement of work we agree with you. Where a statement of work says something different from these terms, the statement of work governs for that particular engagement.
These terms apply to every visitor to the website and to every client who engages the Company for services.
2. About the Company
The Company is a Hong Kong based provider of computer systems design and computer integrated systems design services. Our team designs, builds, integrates, secures, and operates technology systems for clients across Hong Kong and the wider region.
The website at https://www.bayhaven.buzz is operated by the Company, and the services presented on it are developed and operated by the developer Drisda. Our office address is Rm 01 26/F WORKING VIEW COML BLDG, 21 YIU WAH ST, Causeway Bay, Hong Kong (HK).
Nothing on this website is an offer to sell a specific service unless we have confirmed it in writing. Descriptions of services on the website are general in nature, and the final scope of any engagement is always defined in a written proposal or statement of work.
3. Description of Services
The Company provides professional and technical services including computer systems design, computer integrated systems design, solutions architecture, systems integration, data platform design, security review, automation, and managed care.
Every engagement is unique. We define the precise deliverables, milestones, and success criteria in a written statement of work before work begins. We do not guarantee specific business outcomes, such as particular revenue growth or cost savings, because those depend on factors outside our control.
Where we provide third party software, platforms, or cloud services, the licenses and terms of those providers apply in addition to these terms. Our services are designed for business customers and are not intended for individual consumers.
4. Client Responsibilities
You agree to provide accurate information and timely decisions so that we can deliver the services. You will give us reasonable access to the people, systems, and documents needed for the work, and you will provide feedback and approvals within the timeframes set out in the statement of work.
You are responsible for the accuracy and legality of the data and content you give us, and you will keep any credentials and accounts you control secure. If you delay decisions, fail to provide access, or supply incomplete information, we may adjust timelines and costs accordingly.
You agree to appoint a single point of contact for the engagement so that communication stays clear and decisions are made promptly. A busy project runs smoothly when both teams know exactly who makes each decision and when.
You also agree to make available, in good time, any licenses, permissions, or consents needed for the work, such as the right to configure your systems or to access your accounts. If a task depends on a decision or an asset that you have not provided, the clock for that task starts when you provide it, not before.
5. Proposals and Statements of Work
Each engagement begins with a written proposal or statement of work that describes the services, deliverables, timeline, fees, and payment terms. The statement of work forms part of these terms, and work does not begin until you accept the proposal in writing, which may be an email confirmation, a signed copy, or an accepted online order.
If the scope changes during the project, we will agree the change in writing before we carry out the extra work. Any change request may affect the timeline and the fees, and we will confirm both in writing before proceeding.
If there is a conflict between these terms and a statement of work, the statement of work controls for that engagement unless the terms say otherwise.
6. Fees and Payment
Fees are stated in the proposal or statement of work. Unless agreed otherwise, we invoice on a project or milestone basis and payment is due within 14 days of the invoice date.
Time and materials work is billed at the agreed daily or hourly rates, and expenses such as travel and third party licenses are recharged at cost with your prior approval. All fees are exclusive of taxes and duties, which you agree to pay.
If payment is late, we may pause the work until payment is received, and interest may accrue at the rate permitted by law. We may require a deposit or advance payment for larger projects. Payment obligations are not subject to set off except where the law requires.
Invoices are sent by email to the address you give us. You should check each invoice and raise any query within 14 days of receiving it; after that period an invoice is considered accepted unless a genuine error is discovered. We will always correct a billing mistake, even if it is found later.
7. Intellectual Property
All intellectual property that we create for you under a paid engagement, including architecture documents, code, configurations, and designs, is owned by you once we have received full payment for the relevant milestone. We keep a license to use that work to provide our services and to improve our internal methods.
Our pre existing tools, templates, frameworks, and methodologies remain our property, and we grant you a perpetual, royalty free license to use them as part of the delivered work. You keep all rights in the data, content, and trademarks you provide.
We will not reuse your confidential materials for other clients in a way that reveals your information. If you would like to discuss specific ownership arrangements for a particular project, we will include them in the statement of work.
You may use the delivered work freely, including modifying it, hiring other consultants to work on it, and combining it with your own software. Nothing in this section gives either party the right to use the other trademarks or brand names without written permission.
8. Confidentiality
Both parties may receive confidential information during an engagement. Confidential information includes business plans, financial data, technical materials, client lists, and any information marked as confidential or reasonably understood to be confidential.
Each party agrees to keep the confidential information of the other party secret and to use it only for the purposes of the engagement. You may disclose confidential information to employees and advisors who need it and who are bound by similar obligations.
These obligations do not apply to information that is already public, independently developed, or lawfully received from a third party. We may disclose information if the law requires it, but we will give you notice where reasonably possible.
9. Warranties and Disclaimers
We warrant that our services will be provided with reasonable skill and care and in accordance with the statement of work. We warrant that work we deliver will not infringe the intellectual property rights of a third party, to the best of our knowledge.
We do not warrant that the services will be uninterrupted or error free, because no complex system can guarantee that. The website and all services are provided on an as is and as available basis.
To the fullest extent permitted by law, we disclaim all other warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and non infringement, except where the law does not allow such a disclaimer.
10. Limitation of Liability
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. This applies whether the claim is based on contract, tort, negligence, or any other theory, even if a party was advised of the possibility of such damages.
Our total liability under these terms and under any engagement, whether in contract, tort, or otherwise, is limited to the fees you paid to us for the services giving rise to the claim.
The limitations in this section do not apply to liability that cannot be limited by law, such as liability for fraud, death, or personal injury caused by negligence.
Both parties are encouraged to treat one another fairly. In particular, we will not rely on these limitations to refuse to fix a genuine defect in work we have delivered, and you will not rely on them to avoid paying for work that has been properly completed. Where a remedy is possible at reasonable cost, we prefer to provide it.
11. Indemnification
You agree to indemnify and hold harmless the Company, its employees, and its subcontractors from any claims, damages, losses, and reasonable legal costs that arise out of your breach of these terms, your misuse of the website, or your breach of the rights of a third party.
We will give you prompt notice of any claim, allow you to control the defense, and provide reasonable assistance at your cost. We will not settle a claim in a way that imposes obligations on you without your consent.
This indemnity survives the end of these terms and of any engagement. Where we contribute to a claim through our own fault, liability is apportioned fairly between the parties.
12. Term and Termination
These terms take effect when you first use the website or accept a proposal, and they remain in force until terminated. Either party may terminate an engagement for convenience by giving 30 days written notice.
Either party may terminate immediately if the other party commits a material breach that is not remedied within 14 days of written notice. We may suspend services if payment is overdue.
On termination, you pay for all work completed and all reasonable costs already committed. Provisions that are intended to survive termination, including payment, intellectual property, confidentiality, warranty, limitation of liability, and indemnification, continue to apply.
If the engagement ends for any reason, we will hand over the work products, documentation, and data that belong to you within a reasonable time, and we will do everything we can to make the transition smooth. Any open-source or third party components used in the work remain under their own licenses.
13. Governing Law and Jurisdiction
These terms and any engagement are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for any dispute arising under these terms.
If you are located elsewhere, you agree that your use of the website and services is subject to Hong Kong law and the courts of Hong Kong. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
We encourage parties to resolve disputes informally first, and we will consider good faith negotiation and mediation before litigation. Nothing in this section limits the rights of a consumer where mandatory law protects them.
14. Force Majeure
Neither party is liable for failure or delay in performing obligations caused by events beyond its reasonable control. Such events include natural disasters, severe weather, pandemic, war, terrorism, civil unrest, power failure, network outage, and changes in law or regulation.
The affected party will notify the other as soon as reasonably possible and will take reasonable steps to resume performance. If the force majeure event continues for more than 30 days, either party may suspend or terminate the affected engagement with written notice.
Fees already due remain payable. We will make reasonable efforts to mitigate the impact of any force majeure event on the services.
15. Notices
All notices under these terms must be in writing. We will send notices to the email address you provided when you engaged us, and you should send notices to feedback@bayhaven.buzz or to our postal address at DRISDA SOLUTION LIMITED, Rm 01 26/F WORKING VIEW COML BLDG, 21 YIU WAH ST, Causeway Bay, Hong Kong (HK).
A notice is deemed received on the day it is sent by email or on the date of delivery if sent by post. You agree to keep your contact details current.
We may send operational notices, such as service updates and security advisories, by email, and you agree to receive these as part of the service.
16. Changes to These Terms
We may revise these Terms of Service from time to time. We will publish the revised terms on this page and update the effective date. If a change is significant, we will give you reasonable notice before it takes effect.
Continued use of the website or services after the effective date means you accept the revised terms. We recommend that you review this page regularly.
Changes to these terms do not retroactively change the terms of a statement of work already signed, unless we agree otherwise in writing. Any new engagement you place will be subject to the terms in force at the time you place it.
17. General Provisions
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce a provision is not a waiver of that provision.
We may assign these terms and any engagement to an affiliate or to a successor in a merger or acquisition, and you agree that this is allowed without your consent, provided your rights are not materially reduced. You may not assign these terms without our written consent.
These terms, together with any statement of work, contain the entire agreement between the parties and replace all earlier discussions. Headings are for convenience only and do not affect the meaning of the terms.
18. Contact Information
If you have any questions about these Terms of Service, please contact us at feedback@bayhaven.buzz or by phone at +12768668047.
Our postal address is DRISDA SOLUTION LIMITED, Rm 01 26/F WORKING VIEW COML BLDG, 21 YIU WAH ST, Causeway Bay, Hong Kong (HK).
We will respond to enquiries about these terms within one business day. Thank you for reading, and we look forward to working with you on your next systems project.