These Terms of Service set out the framework under which J & H Development Company Limited makes its website available to visitors and delivers its computer systems design, engineering, integration, data, and managed operations services to clients. They describe the responsibilities of each party and the boundaries within which our work is performed.
J & H Development Company Limited is a professional, scientific, and technical services business operating from Room 1905, Nan Fung Centre, 264-298 Castle Peak Road, Tsuen Wan, Hong Kong (HK). The services described across this website are developed and operated by the developer JH Devy acting through the company. Where these terms say we, us, or our, they mean the company named above.
By using this website or by engaging us for any service you agree to the terms below. Please read them carefully before you act. Each clause is written as plainly as we can manage, and where a heading offers a summary the full paragraph carries the meaning and weight of the agreement.
1. Agreement to these terms
These Terms of Service form a contract between you and J & H Development Company Limited. The moment you browse this website, submit an enquiry, or retain us for any service, you accept that these terms govern the relationship between us unless a specific written agreement signed by both parties states otherwise.
Where a particular engagement is documented in a separate proposal, statement of work, or master services agreement, that document takes precedence over these general terms only to the extent that it expressly overrides them. In all other respects these terms continue to apply as the general law of the relationship.
If you do not agree with any part of these terms, you should not use the website or order our services. Using the website or instructing work after reading this document is taken as your informed acceptance of the whole of it.
2. The company providing the services
J & H Development Company Limited is a company registered in Hong Kong, carrying on the business of computer systems design and related professional and technical services. Our trading name and corporate identity are expressed across this website and in the documents we issue.
Our principal place of business is Room 1905, Nan Fung Centre, 264-298 Castle Peak Road, Tsuen Wan, Hong Kong (HK). From this office we coordinate the design, engineering, and operation of the systems we build for clients in Hong Kong and internationally.
Where a client enters a contract with us, that contract is with the company and not with any individual employee or agent in their personal capacity. All responsibilities, warranties, and indemnities described in these terms attach to the corporate entity unless a contrary intention is written in a signed agreement.
3. Eligibility to use our services
Our services are directed at businesses, institutions, and professionals who require computer systems design, development, or engineering work. You may use our website and communicate with us only if you are at least the age of legal majority in the place where you reside and are not barred from doing so under any applicable law.
If you use our services on behalf of a company, government body, or other organisation, you confirm that you have the authority to bind that organisation and that your acceptance of these terms is made with that authority. Where you lack such authority, you accept personal responsibility for your use of the website.
We reserve the right to decline to provide services to any person or business where to do so would conflict with law, regulation, or our own professional judgment, honestly applied.
4. Acceptable use of this website
You agree to use this website only for lawful purposes and in a way that does not harm, disable, or overburden the site or interfere with the enjoyment of it by others. We welcome genuine visitors and genuine colleagues from the extended business community; we expect the same courtesy in return.
By way of example, and without limiting the general rule, you agree not to:
- attempt to gain unauthorised access to our servers, systems, or accounts;
- introduce malware, viruses, or any code designed to disrupt the site;
- scrape, harvest, or systematically collect content from the site for redistribution;
- impersonate another person or misrepresent your affiliation with any party;
- use automated tools in a manner that degrades service for other users;
- post or transmit unlawful, threatening, or defamatory material through any contact channel we host.
We monitor the health and security of our website and may restrict access to any user whose conduct threatens that health. Any breach of this clause may result in suspension of your access and, where the conduct is unlawful, referral to the appropriate authorities.
5. Intellectual property ownership
All content on this website, including text, design, layout, artwork, logos, and the specific look and feel of the pages, is the property of J & H Development Company Limited or its licensors and is protected by copyright and other intellectual property laws.
You may view the site and print or save pages for your own personal, non-commercial reference. You may not copy, reproduce, republish, adapt, or distribute the content for commercial gain, and you may not incorporate our material into another product without our written permission.
Nothing on this website grants you any right, title, or interest in our trademarks, trade names, or goodwill. Your use of the site confers no licence except the limited permission described in this clause, and we reserve all rights not expressly granted.
6. Description of our services
Our business spans the practice areas described on the services page of this website. In summary we provide systems architecture planning, platform integration engineering, custom application development, data pipeline construction, security and compliance design, and managed operations and support.
Every service is performed to a professional standard and under the general principles of honesty, verification, and clear documentation that characterise our work. Because no two systems are alike, the precise scope of any engagement is defined in writing before work begins rather than assumed from a general description on a web page.
The descriptions of services offered on this website are invitations to treat and not binding offers. A binding engagement arises only when both parties have signed or otherwise agreed to a proposal or statement of work, together with any supplemental documents referenced within it.
7. Proposals, estimates, and statements of work
When you raise an enquiry we will ordinarily respond with a proposal or estimate that sets out the suggested scope, the anticipated approach, the fees, and the assumed timeline. That document is prepared on the information available to us at the time and is subject to confirmation once the full picture is known.
An estimate is not a fixed price. It is our best, honest projection of cost based on the details you have given us. Where the true scope becomes clearer and differs materially from the assumption, we will raise the matter with you before proceeding so that you can decide how to continue.
A formal statement of work records the agreed deliverables, the milestones, the acceptance criteria, the fees, and the payment schedule. Work proceeds only after the statement of work is agreed. Any change to the documented scope is handled through a change request that records the variation, its effect on cost and schedule, and the mutual consent of both parties.
8. Fees, invoicing, and payment
Fees for services are stated in the proposal or statement of work applicable to your engagement. Unless otherwise agreed, fees are quoted and invoiced in a single agreed currency and are exclusive of taxes, duties, or levies that the law may require you to pay.
We issue invoices according to the schedule set out in the agreed terms, commonly with an initial fee on commencement and the balance due at agreed milestones or on completion. Unless a different arrangement is stated, payment is due within the number of days shown on the invoice.
Where payment is not received when due, we may suspend work until the matter is settled. Late payment may attract interest or reasonable recovery costs as permitted by law, and we will tell you plainly when such charges begin to apply rather than surprising you at the end of a project.
We raise value added, goods and services, or similar taxes only where the law obliges us to do so. Where you are entitled to relief from such taxes you are responsible for providing us with the evidence the tax authority requires.
9. Client responsibilities and cooperation
Engineering is a partnership between the engineer and the client. For us to deliver well we need you to give us accurate information, timely decisions, and reasonable access to the people and systems that will be affected by the work.
Your responsibilities include providing complete and truthful information about your goals, constraints, and existing estate; dealing promptly with our questions and requests for approval; warning us of any hazards, restrictions, or sensitivities in your environment; and making available the access and permissions that the agreed work requires.
Where work is delayed because a client does not provide the required cooperation, any fee or timeline affected by the delay will be adjusted fairly to reflect the actual position. We will always flag such a delay as soon as we become aware of it so that you are never taken by surprise.
You also agree to obtain and maintain any third party consents or licences needed for your own content and data, and to ensure that anything you ask us to process or host is lawful in your jurisdiction and in ours.
10. Handover of deliverables and ownership
Ownership of the outputs created for you is governed by the proposal or statement of work for your engagement. As a general principle, and subject to any contrary agreement, work product that we create specifically for you, and for which you have paid, is delivered to you with your agreed rights of use upon full payment.
Where the deliverables incorporate tools, libraries, or materials that we developed before the engagement or developed independently of it, those underlying assets remain our property and we grant you a licence to use them as part of the delivered work. Such a licence does not prevent us from reusing our underlying methods for other clients, and nothing in these terms transfers our underlying know how to you.
Complete ownership of a deliverable transfers to you only upon our receipt of all sums due for the relevant engagement. Until that time our rights remain intact, and we are entitled to take reasonable steps to protect them.
11. Our warranties and their limits
We provide our services with reasonable skill and care, and we warrant that work performed under an agreed statement of work will, for a reasonable period after delivery and provided it is used as documented, conform materially to the specification described in that statement of work.
Where we host or operate a system for you, we warrant that we will maintain the agreed levels of availability and performance described in the service terms, and that we will respond to incidents with the urgency those terms promise.
These warranties do not cover problems caused by misuse, unauthorised modification, failure to apply our recommended updates, incompatible third party hardware or software, or the limits of the underlying platforms we rely on. Our responsibility under a warranty is limited to re-performing the affected work or, at our option, remedying the defect without further charge.
12. Disclaimer of certain warranties
Except for the specific warranties we make in clause 11, and to the fullest extent the law allows, the services and the website are provided on an as is and as available basis. We do not warrant that the website will be uninterrupted, error free, or entirely free of harmful components, and we do not warrant that any system we build will be immune to every attack or failure.
We make no representation about the suitability of the services for a particular outcome unless that outcome is expressly written into your statement of work. Advice provided in the course of our work is professional opinion based on the facts available; it is not a guarantee of a specific commercial result, and it should not be relied upon without your own independent judgment where the decision is material.
Defects in third party products we do not control are outside the scope of our warranty. Where our work depends on a third party platform, the limits and notices of that platform apply to its own behaviour.
13. Limitation of liability
To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to these terms and to any engagement, whether in contract, tort, or otherwise, will not exceed the total fees you actually paid us for the specific service or engagement giving rise to the claim in the twelve months preceding the claim.
In no event will we be liable for loss of profit, loss of revenue, loss of business or goodwill, loss of data, interruption of business, or for any indirect, special, incidental, or consequential loss, even if we were advised of the possibility of such loss and regardless of the theory of liability.
Where the law of a particular jurisdiction does not permit us to limit liability in the manner above, our liability will be limited to the greatest extent that the law of that jurisdiction allows. Nothing in these terms excludes or limits liability that the law does not permit us to exclude or limit, such as liability for death or personal injury caused by our negligence or for fraud.
14. Confidentiality between the parties
Each party acknowledges that it may receive confidential information about the affairs, technology, clients, and plans of the other. Both parties agree to keep such information confidential and to use it only for the purpose of the engagement, and not to disclose it to anyone other than those who need it and who are bound by similar duties.
Confidential information does not include information that is or becomes public through no fault of the receiving party, that was lawfully known to the receiving party before its disclosure, that is lawfully obtained from a third party without a duty of confidence, or that is independently developed.
These confidentiality duties survive the end of any engagement and continue to apply for as long as the information remains confidential in fact. Either party may disclose confidential information to the extent required by law, court order, or regulatory authority, provided it gives the other party reasonable notice where practicable.
15. Third party content and links
Our website and the documents we produce may refer to or display content, tools, and links that belong to third parties. We provide such references for convenience and information only. We do not control, endorse, or assume responsibility for the content or practices of any third party site, and your use of a third party resource is governed by the terms and policies of that third party.
Where a service we deliver relies on third party software, we will normally draw your attention to the licences of that software and to the obligations they place on users. It is your responsibility, as the operator, to comply with the terms of any third party licence that covers material you choose to use in production.
You agree that we will not be liable for any loss or damage arising from your use of a third party website reached through links on our site or referenced within our deliverables.
16. Suspension and termination
Either party may end a consultancy or managed engagement by giving the notice stated in the applicable statement of work or agreement. On termination you remain liable for services performed and costs committed before the effective date, and we remain liable to hand over work product and materials that you have already paid for.
We may suspend or terminate access to the website, or to any hosted service we operate, if you breach these terms in a material way and do not remedy the breach within a reasonable period after notice, or if continued service would place us in conflict with law or expose us to unreasonable risk.
Clauses that by their nature should survive termination, including those concerning intellectual property, confidentiality, limitation of liability, and governing law, will continue in force after the end of this agreement.
17. Events beyond reasonable control
Neither party will be liable for failure to perform an obligation caused by events beyond its reasonable control, including natural disaster, war or civil unrest, epidemic or quarantine, failure of public infrastructure, interruption of power or connectivity, or legislative change that makes performance impossible or unlawful.
Where such an event occurs, the affected party will notify the other promptly and will use reasonable efforts to minimise the impact and to resume performance as soon as circumstances allow. If the event continues for an extended period, either party may end the affected engagement on reasonable notice without further liability, subject to payment for work already completed and fair settlement of committed costs.
This clause does not excuse a failure to pay for services that have already been performed, and it does not relieve either party of obligations it could reasonably have discharged despite the event.
18. Governing law and dispute resolution
These terms and any engagement they govern are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles that would apply a different law.
Both parties agree to attempt in good faith to resolve any dispute arising under these terms through friendly negotiation before commencing formal proceedings. Where negotiation does not resolve the matter within a reasonable period, the dispute will be subject to the exclusive jurisdiction of the courts of Hong Kong.
If any provision of these terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. No waiver of a breach or default will be deemed a waiver of any subsequent breach or default.
19. Changes to these terms
We may revise these Terms of Service from time to time to reflect changes in our business, in the law, or in the way our services are delivered. When we do so we will update the version date shown at the foot of this page, and, where a change is material, we will take reasonable steps to draw it to the attention of those who may be affected.
Continued use of the website, or continued engagement with us, after a revised version is published constitutes your acceptance of the revised terms as they apply to new activity. Where you have entered a signed agreement, changes to these general terms do not alter that agreement except to the extent the new terms apply to matters the agreement does not cover.
We advise you to review this page periodically so that you remain aware of the terms currently in effect. The most recent version always appears here and supersedes earlier versions for the purposes of continued use.
20. Contacting us about these terms
If you have a question about these Terms of Service, about a proposal or invoice, or about any aspect of an engagement, please contact J & H Development Company Limited in writing.
You may write to us by email at info@jhdev.lol, by telephone at +17797783987, or by post to J & H Development Company Limited, Room 1905, Nan Fung Centre, 264-298 Castle Peak Road, Tsuen Wan, Hong Kong (HK).
We read and answer correspondence addressed to our office, and we will treat any question about the terms of our service with the same care we bring to the engineering itself. If agreement cannot be reached between us, the dispute resolution provisions of clause 18 will apply.