These Terms of Service form a binding agreement between you and Shaanxi Xinyaoguangbin Trading Co., Ltd., a company established in the Peoples Republic of China with its registered address at No. 98, Group 1, Zhuosuo Village, Zhengyang Street Office, Qinhan New City, Xixian New Area, Xian - 710000, China. The website and related services are developed and operated by the developer NovaGlows on behalf of the Company. Please read these terms carefully before using the website or engaging the Company for any service.
Acceptance of These Terms
These Terms of Service form a legally binding agreement between you and Shaanxi Xinyaoguangbin Trading Co., Ltd., a company established in the Peoples Republic of China with its registered address at No. 98, Group 1, Zhuosuo Village, Zhengyang Street Office, Qinhan New City, Xixian New Area, Xian - 710000, China. The terms describe the conditions under which you may access the website located at https://www.novag.mom and use the services offered by the Company.
By accessing the website, creating an account, submitting an inquiry, or engaging the Company for any service, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use the website or the services. The website and related services are developed and operated by the developer NovaGlows on behalf of the Company.
We may update these terms from time to time, and your continued use of the website after an update takes effect constitutes your acceptance of the revised terms. Capitalized terms used in these terms have the meanings given to them in the section in which they are first defined.
Description of Services
The Company provides computer systems design and related services within the Professional, Scientific, and Technical Services sector, with a focus on computer integrated systems design. Our services include technology consulting, system architecture, software design and development, system integration, data migration, testing and quality assurance, deployment, documentation, training, and long term operation and maintenance.
We serve organizations across many industries, helping them plan, build, connect, and operate the technology systems that support their operations. Specific services, deliverables, and timelines are defined in separate statements of work, proposals, or service agreements that we prepare for each engagement.
In the event of any conflict between these terms and a signed statement of work, the signed statement of work will control for the specific engagement it covers. We may update, modify, or discontinue any service from time to time, and we will use reasonable efforts to notify you of significant changes that affect an active engagement.
Eligibility
To use the website and the services, you must be at least eighteen years of age and capable of forming a binding contract under applicable law. By using the website, you represent and warrant that you meet these requirements.
If you use the services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms, and in that case the terms apply to the entity as well as to you personally. The services are intended for business and professional use.
You may not use the services if we have previously suspended or terminated your access, or if you are located in a jurisdiction where the provision of the services would violate applicable law. We reserve the right to refuse service, terminate accounts, and decline engagements in our reasonable discretion, including when an engagement would create a conflict of interest or present an unacceptable risk.
Accounts and Registration
Certain features of our engagement process may require you to create an account or to provide registration information. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at mail@novag.mom if you suspect that your credentials have been compromised or that your account has been used without authorization. We are not liable for any loss or damage arising from your failure to protect your credentials.
You may not create accounts using false identities, and you may not transfer or sell your account to another person. We reserve the right to suspend or terminate accounts that violate these terms, that create security risks, or that interfere with the operation of the website. We will use your account information in accordance with our Privacy Policy.
User Responsibilities
You agree to use the website and the services in a lawful and professional manner and to comply with all applicable laws and regulations. You are responsible for providing accurate information about your organization and its requirements, for making decisions about the scope and direction of any project, and for providing timely feedback and approvals so that work can proceed according to schedule.
You agree to cooperate with our team, to provide reasonable access to the systems and personnel needed to perform the services, and to designate an authorized point of contact for each engagement. You are responsible for the content and accuracy of any materials, data, or specifications you provide to us, and you represent that you have the rights necessary to provide them.
You must not use the services to process data that you are not lawfully permitted to process. Any delay caused by your failure to fulfill these responsibilities may extend project timelines and may be addressed under the provisions relating to project delays.
Acceptable Use
You agree not to misuse the website or the services. Prohibited conduct includes attempting to gain unauthorized access to our systems, networks, or data; transmitting malicious code, including viruses, worms, and trojan horses; and interfering with the operation of the website through denial of service attacks, flooding, or other disruptive means.
Prohibited conduct also includes scraping, crawling, or harvesting data from the website without authorization; impersonating the Company, its employees, or another person; using the services to violate the rights of others, including intellectual property rights and privacy rights; and uploading or transmitting unlawful, defamatory, or fraudulent content.
You may not attempt to reverse engineer, decompile, or disassemble any software we provide, and you may not use the services for purposes that are unlawful in your jurisdiction. We may investigate suspected violations and take appropriate action, which may include suspending or terminating access, removing content, notifying authorities, and pursuing legal remedies. You remain solely responsible for any consequences that result from your use of the services.
Intellectual Property
All content and materials available through the website, including text, graphics, logos, icons, imagery, documentation, and software, are the property of the Company, its licensors, or the developer NovaGlows, and are protected by copyright, trademark, and other intellectual property laws. The name NOVAG, the NOVAG logo, and related marks are proprietary marks used in connection with the services.
You may not copy, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, or commercially exploit any content from the website without our prior written consent, except as expressly permitted in these terms.
You may view and print a reasonable number of copies of website content for your internal business purposes, provided that you retain all copyright and proprietary notices. Nothing in these terms grants you any right, title, or interest in our intellectual property. You may not use our marks, name, or branding in a manner that suggests endorsement or affiliation without our written permission.
Licenses Granted by the Company
We grant you a limited, non exclusive, non transferable, revocable license to access and use the website and any software, tools, or documentation we make available to you for your business purposes, subject to these terms. This license is for internal business use only and does not permit you to sublicense, sell, or redistribute our materials.
Where we deliver custom software or integrated systems as part of an engagement, the ownership and license terms for those deliverables are defined in the applicable statement of work or service agreement. In the absence of a separate agreement, we grant you a perpetual, non exclusive, non transferable, worldwide license to use deliverables created for you, provided that you have paid all amounts due for the related engagement.
We retain all rights in our pre-existing tools, libraries, frameworks, and methods that we use in delivering services. Nothing in these terms limits our right to develop and reuse our general technology for other clients, subject to our confidentiality obligations.
Licenses Granted by You
To the extent that you provide us with materials, specifications, data, or content for use in an engagement, you grant us a limited license to use those materials for the purpose of performing the services you have requested. This license includes the right to copy, process, analyze, and store your materials within the scope of the engagement and to include them in deliverables and documentation related to your project.
You represent and warrant that you have all necessary rights and permissions to grant us this license and that the materials do not infringe the rights of any third party. We will not use your materials for purposes unrelated to your engagement, and we will not disclose them except as necessary to perform the services or as required by law.
Upon completion of the engagement, our right to use your materials ends except where we retain copies to comply with legal or record keeping obligations. This section survives termination of these terms to the extent necessary to resolve disputes or to comply with law.
Fees and Payment
Fees for services are stated in the applicable proposal, quotation, or statement of work. Unless otherwise agreed in writing, invoices are payable within thirty days of the invoice date. Late payments may incur interest at the maximum rate permitted by applicable law and may result in suspension of services until the outstanding balance is settled.
All fees are quoted and payable in the currency specified in the proposal. Unless otherwise stated, fees do not include taxes, levies, duties, or other governmental charges, which will be added to invoices where applicable. You are responsible for determining and paying any taxes that apply to your use of the services in your jurisdiction.
If a payment is disputed, you must notify us in writing within fourteen days of the invoice date, and we will work with you to resolve the dispute in good faith. We may adjust fees for subsequent engagements based on changes in scope, market conditions, and the level of support required.
Project Engagements and Deliverables
Each project engagement is defined by a statement of work, proposal, or service agreement that describes the scope of services, deliverables, milestones, timelines, fees, and responsibilities. We will perform the services with reasonable care and skill and in accordance with the agreed specifications.
Deliverables will be considered accepted when they meet the acceptance criteria stated in the statement of work or when you provide written approval, whichever occurs first. If deliverables do not meet the agreed specifications, you must notify us within ten business days of receipt, and we will correct the non conforming deliverables at no additional cost. If you do not raise a defect within that period, the deliverables will be deemed accepted.
Changes to scope must be agreed in writing through a change order or an updated statement of work. We are not obligated to begin or continue work that is not covered by an approved scope, and unapproved work may be billed at our then current rates.
Timelines and Schedules
Project timelines are estimates based on the information available at the time the statement of work is prepared. We will use reasonable efforts to meet the agreed milestones, but timelines may be extended by circumstances beyond our reasonable control or by dependencies that are within your responsibility.
Examples include delays in receiving approvals, feedback, materials, or access from your side; unavailability of third party systems; and events of force majeure. Where a delay is caused by us, we will inform you promptly and will propose an updated schedule at no additional cost. Where a delay is caused by you, we may adjust the schedule and may bill for any additional work that results from the delay.
Time estimates for support and maintenance work are measured in business days and business hours. We will notify you as soon as practical when we anticipate that a milestone will be missed, and we will work with you to minimize the impact of any delay.
Third Party Services
Our services may involve the use of third party software, platforms, hosting services, or tools, including cloud infrastructure, databases, development frameworks, and communication systems. These third party services are governed by their own terms and privacy policies, which we encourage you to review.
We do not control third party services and are not responsible for their availability, performance, security, or compliance. Where a third party service fails or changes its terms, we will use reasonable efforts to help you evaluate alternatives, but we are not liable for losses that result from the actions or failures of third parties.
In some cases, our access to a third party service depends on your account with that provider, and you agree to maintain the necessary accounts and credentials. We will not transfer your data to third parties except as required to perform the services, and we will inform you where practical before integrating a new third party service into your environment.
Confidentiality
Each party may receive confidential information from the other party in connection with an engagement. Confidential information includes technical data, business plans, pricing, specifications, source code, customer lists, and any other information that is designated as confidential or that a reasonable person would understand to be confidential.
The receiving party agrees to use confidential information only for the purpose of performing the engagement, to protect it with the same degree of care used to protect its own confidential information and no less than a reasonable degree of care, and to disclose it only to those employees and advisors who need to know it.
These obligations do not apply to information that is publicly available through no fault of the receiving party, that was rightfully received from a third party without restriction, that was independently developed, or that is required to be disclosed by law. Upon request, each party will return or destroy the other party confidential information, subject to legal retention requirements.
Warranties and Disclaimers
We warrant that the services will be performed with reasonable care and skill and that deliverables will substantially conform to the specifications set out in the applicable statement of work. Except for the express warranties stated in this section, and to the maximum extent permitted by law, the website and all services are provided on an as is and as available basis, without warranties of any kind, whether express, implied, or statutory.
We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non infringement. We do not warrant that the website will be uninterrupted, error free, or free of harmful components, and we do not warrant that the results of our services will be free from defects or that any defect will be corrected.
You acknowledge that systems integration projects involve complex interactions among multiple systems and that no outcome can be guaranteed. Any warranties given in a separate signed agreement will apply only to the engagement covered by that agreement.
Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or interruption of business, arising out of or in connection with these terms or the services, even if the party was advised of the possibility of such damages.
Except for damages arising from breach of confidentiality obligations, from infringement of the other party intellectual property rights, or from intentional misconduct, each party aggregate liability arising out of or in connection with these terms and the services will not exceed the total fees paid or payable by you to us under the applicable engagement during the twelve months preceding the event giving rise to the liability.
This limitation applies regardless of the form of action, whether in contract, tort, negligence, or otherwise. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, agents, and the developer NovaGlows from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with your use of the website, your violation of these terms, your violation of any rights of a third party, or your breach of any representation or warranty made in these terms.
We will provide you with prompt notice of any claim, the right to control the defense and settlement of the claim, and reasonable cooperation at our expense. You may not settle a claim without our prior written consent if the settlement involves an admission of liability on our part or requires us to take or refrain from taking any action.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us and will not settle the matter without our written consent.
Termination
These terms remain in effect until terminated by either party. You may terminate these terms at any time by discontinuing your use of the website and by notifying us in writing of your decision.
We may suspend or terminate your access to the website and may decline to begin or continue any engagement, in whole or in part, if you breach these terms, if you fail to pay amounts when due, if we are required to do so by law, or if we determine that continuing the engagement is commercially unreasonable or creates an unacceptable risk.
Upon termination, you must pay all amounts due for work performed and expenses incurred before the effective date of termination. Sections that by their nature should survive termination, including intellectual property, confidentiality, limitation of liability, and indemnification, will survive. Termination does not affect any rights or obligations that accrued before the effective date of termination.
Suspension of Service
We may suspend your access to the website or to services, in whole or in part, immediately and without prior notice in the event of a security threat, a violation of the acceptable use provisions, a failure to pay amounts due, interference with the operation of our systems, or a legal or regulatory requirement.
Where it is reasonably possible, we will give you advance notice of a suspension and will state the reasons and the steps you may take to restore service. A suspension does not relieve you of your obligation to pay for services already provided, and we will not be liable for any loss or damage arising from a suspension that is permitted under these terms.
We will lift a suspension as soon as the underlying cause has been resolved to our reasonable satisfaction. If we suspend service due to your breach and you do not remedy the breach within a reasonable period, we may terminate the applicable engagement in accordance with the termination provisions.
Governing Law and Disputes
These terms are governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these terms, the website, or the services will be resolved in the competent courts of China, and each party submits to the exclusive jurisdiction of those courts, except where mandatory law provides otherwise.
Before initiating litigation, the parties will attempt in good faith to resolve the dispute through negotiation for a period of thirty days. Each party will designate a representative to participate in the negotiation. If the dispute is not resolved through negotiation, either party may pursue the remedies available under applicable law.
Nothing in this section limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property, confidential information, or other proprietary rights.
Changes to These Terms
We may revise these Terms of Service from time to time. When we do, we will update the date at the top of this page and will post the revised terms at this location. If we make material changes, we will take reasonable steps to notify you, which may include a notice on the website or a direct message where we have your contact details.
Your continued use of the website or of the services after the effective date of revised terms constitutes your acceptance of the revised terms, to the extent permitted by law. If you do not agree with a revision, you must stop using the website and the services and terminate any active engagement in accordance with these terms.
We encourage you to review these terms periodically so that you are aware of your rights and obligations. Revisions will not apply to engagements that are the subject of a signed agreement unless the revision expressly states otherwise.
Entire Agreement and Severability
These terms, together with any statements of work, proposals, and other documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the website and the services, and they supersede all prior agreements, understandings, and communications, whether written or oral.
If any provision of these terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. The failure of either party to enforce any provision of these terms will not constitute a waiver of that provision or of any other provision. No waiver of any provision will be effective unless it is in writing and signed by the party against whom it is sought to be enforced.
Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party may assign these terms without the prior written consent of the other party, except that we may assign these terms to an affiliate or in connection with a merger or acquisition.
Contact Information
If you have any questions about these Terms of Service, you may contact the Company using the details below.
Developer: NovaGlows. Company: Shaanxi Xinyaoguangbin Trading Co., Ltd. Address: No. 98, Group 1, Zhuosuo Village, Zhengyang Street Office, Qinhan New City, Xixian New Area, Xian - 710000, China. Email: mail@novag.mom. Telephone: +15809435494. Website: https://www.novag.mom.
We will acknowledge your message within two business days and will aim to provide a substantive response within thirty days. Please include your name, the nature of your inquiry, and any reference numbers that relate to your account or engagement so that we can assist you efficiently.