1. Acceptance of Terms
Welcome to Garb Digital, a computer systems design and integration practice operated by SAM CHEUNG INTERNATIONAL CO., LIMITED. These Terms of Service constitute a legally binding agreement between you, whether individually or on behalf of an entity, and SAM CHEUNG INTERNATIONAL CO., LIMITED, located at 21/F, Cityplaza 3, 14 Taikoo Wan Road, Quarry Bay, Hong Kong (HK), operating under the trade name Garb Digital. By accessing or using the website located at https://www.garbdigital.buzz, engaging our services, communicating with our team, or otherwise interacting with Garb Digital in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you do not agree to all of the terms and conditions set forth in this document, you are expressly prohibited from using our website and services and must discontinue use immediately. Your continued use of the website or services following any modification to these terms constitutes your acceptance of the modified terms.
These Terms of Service apply to all visitors, users, clients, and others who access or use our website or services. We reserve the right to refuse service, terminate accounts, or deny access to any person for any reason at our sole discretion, subject to applicable law.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply.
Company: Refers to SAM CHEUNG INTERNATIONAL CO., LIMITED, a company registered in Hong Kong, operating under the trade name Garb Digital, with its registered office at 21/F, Cityplaza 3, 14 Taikoo Wan Road, Quarry Bay, Hong Kong (HK).
Services: Refers to all computer systems design, systems integration, software development, cloud infrastructure design, DevOps automation, technology consulting, and any other professional services provided by the Company, whether described on the website or agreed upon in a separate written agreement.
Website: Refers to the internet site located at https://www.garbdigital.buzz, including all pages, content, resources, and functionality accessible through that domain.
User: Refers to any individual or entity that accesses the website, engages the Services, or communicates with the Company in any manner. Users include prospective clients, current clients, and general visitors.
Client: Refers to any User who has entered into a service agreement with the Company for the provision of Services, whether governed by a separate written contract or these Terms.
Content: Refers to all text, images, graphics, designs, software, data, documentation, and other materials, whether provided by the Company or submitted by the User, in connection with the Website or Services.
3. Description of Services
Garb Digital provides professional services within the Computer Systems Design and Related Services industry, operating in the broader Professional, Scientific, and Technical Services sector. Our core service offerings include enterprise systems architecture design, cloud infrastructure planning and implementation, systems integration, custom software development, DevOps and automation engineering, and technology consulting.
Specific deliverables, timelines, milestones, and scope of work for any given engagement will be defined in a separate written agreement, statement of work, or proposal document executed by both parties. These Terms of Service provide the general framework within which all engagements are conducted.
The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice to affected Clients. The Company also reserves the right to decline any project or engagement that, in its professional judgment, falls outside its areas of expertise or presents an unacceptable risk profile.
4. User Obligations
By accessing the Website and using the Services, you agree to the following obligations.
Accurate Information: You agree to provide accurate, current, and complete information when filling out contact forms, engaging our Services, or communicating with us. You are responsible for maintaining the accuracy of any information you provide and for updating it promptly if it changes.
Lawful Use: You agree to use the Website and Services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations. You shall not use the Website or Services to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable.
No Interference: You agree not to interfere with or disrupt the Website, the Services, or the servers and networks connected to them. You shall not attempt to gain unauthorized access to any portion of the Website, any other systems or networks connected to the Website, or any Services offered through the Website, through hacking, password mining, or any other means.
Compliance with Agreements: Clients agree to comply with the terms of any separate written agreement governing the provision of Services, including providing timely access to necessary systems, data, personnel, and other resources required for the Company to perform the Services.
5. Intellectual Property Rights
All intellectual property rights in and to the Website, the Services, and all Content provided by the Company, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, are the exclusive property of SAM CHEUNG INTERNATIONAL CO., LIMITED or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
The Garb Digital name, the associated logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SAM CHEUNG INTERNATIONAL CO., LIMITED or its affiliates. You must not use such marks without the prior written permission of the Company.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes, subject to these Terms. This license does not include any right to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website or any portion thereof for any commercial purpose without our express written consent.
For custom software, architecture designs, and technical documentation produced as part of the Services, ownership and licensing terms will be specified in the applicable project agreement or statement of work. Unless otherwise agreed in writing, the Company retains ownership of all pre-existing tools, frameworks, methodologies, and reusable components used in delivering the Services.
6. Client Content
In the course of delivering the Services, you may provide us with materials, data, specifications, documents, and other content. You retain all ownership rights in such Client Content. By providing Client Content to the Company, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process the Client Content solely as necessary to provide the Services to you.
You represent and warrant that you have all rights, licenses, permissions, and consents necessary to provide the Client Content to us for use in connection with the Services, and that such Client Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or other legal rights.
The Company shall not be liable for any loss or damage arising from the use of Client Content in accordance with your instructions. You agree to indemnify the Company against any third-party claims arising from the Company use of Client Content in the provision of Services.
7. Confidentiality
Each party acknowledges that in the course of performing obligations under these Terms and any related service agreements, it may receive or have access to confidential information of the other party. Confidential Information includes all non-public information, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
Confidential Information includes, but is not limited to, business strategies, technical specifications, architecture designs, source code, client lists, pricing information, financial data, trade secrets, and proprietary methodologies. Each party agrees to use the Confidential Information of the other party solely for the purpose of fulfilling its obligations and to protect such Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.
The obligations of confidentiality do not apply to information that is or becomes publicly available through no fault of the receiving party, was already in the possession of the receiving party without obligation of confidentiality, is independently developed by the receiving party without use of or reference to the disclosing party Confidential Information, or is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice to the disclosing party to allow it to seek a protective order.
8. Payment Terms
Payment terms for Services will be set forth in the applicable project agreement, proposal, statement of work, or invoice. All fees are stated and payable in United States dollars (USD) unless otherwise agreed. The Company reserves the right to modify its pricing at any time, with any changes applying only to new engagements or renewals, not to ongoing projects unless mutually agreed.
Unless otherwise specified in the project agreement, invoices are due and payable within 30 calendar days from the invoice date. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. The Client shall reimburse the Company for all reasonable costs incurred in collecting any overdue amounts, including attorneys fees and collection agency fees.
The Client is responsible for all applicable taxes, duties, and levies associated with the Services, excluding taxes based on the Company net income. If the Company is required to collect or remit any such taxes, they will be added to the invoice unless the Client provides a valid tax exemption certificate.
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall SAM CHEUNG INTERNATIONAL CO., LIMITED, its affiliates, directors, officers, employees, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, use, business interruption, or other intangible losses, arising out of or in connection with your use of the Website or the Services, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.
The Company total aggregate liability for any and all claims arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, shall not exceed the greater of the total amount of fees paid by you to the Company during the twelve-month period immediately preceding the event giving rise to the claim, or five hundred United States dollars (USD 500.00).
The limitations and exclusions set forth in this section shall apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, the Company liability shall be limited to the greatest extent permitted by law.
10. Disclaimer of Warranties
The Website and the Services are provided on an as is and as available basis, without any representation, warranty, or condition of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, and any warranties arising from course of dealing, course of performance, or usage of trade.
The Company does not warrant that the Website will be available at all times, uninterrupted, secure, or error-free; that defects or errors will be corrected; that the Website or the servers that make it available are free of viruses or other harmful components; or that any results or outcomes from the Services will meet your expectations or requirements.
The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or currency of any content on the Website. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.
11. Indemnification
You agree to defend, indemnify, and hold harmless SAM CHEUNG INTERNATIONAL CO., LIMITED, its affiliates, directors, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys fees and court costs, arising out of or relating to your violation of these Terms of Service, your use of the Website or Services, your Client Content, or your violation of any applicable law or the rights of any third party.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses. You shall not settle any claim or action that imposes any obligation or liability on the Company without the Company prior written consent.
12. Termination
These Terms of Service shall remain in full force and effect while you use the Website or the Services. The Company reserves the right, in its sole discretion and without prior notice, to suspend or terminate your access to the Website and Services for any reason, including but not limited to your breach of these Terms, your violation of applicable law, or your engagement in conduct that the Company deems harmful to its interests or the interests of other users.
Upon termination, your right to access and use the Website and Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
For Clients with an active project agreement, termination of that agreement shall be governed by the terms specified therein. Termination of the general Terms of Service does not automatically terminate any separate project agreement unless explicitly stated.
13. Governing Law and Jurisdiction
These Terms of Service and any disputes arising out of or relating to them, the Website, or the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the Peoples Republic of China, without regard to its conflict of law principles.
Subject to the dispute resolution provisions in Section 14, any legal action, suit, or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Hong Kong. You irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any objection based on forum non conveniens or any other ground.
If you access the Website or use the Services from any jurisdiction outside Hong Kong, you are responsible for compliance with the laws of that jurisdiction to the extent they are applicable.
14. Dispute Resolution
The Company is committed to resolving disputes fairly and efficiently. Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute informally through good faith negotiations.
In the event that a dispute cannot be resolved through informal negotiations within 30 calendar days, either party may refer the dispute to mediation administered by a mutually agreed mediation service provider. The mediation shall take place in Hong Kong, and the parties shall share the costs of mediation equally unless otherwise agreed.
If mediation does not resolve the dispute within 60 calendar days of the referral to mediation, either party may pursue resolution through binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its rules. The arbitration shall be conducted by a single arbitrator mutually agreed by the parties or, failing agreement, appointed by the HKIAC. The arbitration proceedings shall be conducted in English, and the arbitration award shall be final and binding on both parties. Judgment on the award may be entered in any court having jurisdiction.
15. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms or any project agreement if such failure or delay results from any cause beyond its reasonable control. Such causes include, but are not limited to, acts of God, war, terrorism, civil unrest, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, hurricanes, accidents, strikes or other labor disputes, shortages of transportation, fuel, power, materials, or telecommunications services, epidemics, pandemics, or public health emergencies.
In the event of a force majeure condition, the affected party shall promptly notify the other party of the nature and expected duration of the condition and shall use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable. If the force majeure condition continues for more than 60 consecutive calendar days, either party may terminate the affected project agreement upon written notice, and the Client shall pay for all Services rendered up to the date of termination.
16. Severability
If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties original intention as closely as possible in accordance with applicable law, and the remaining provisions shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision in any jurisdiction shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction.
17. Entire Agreement
These Terms of Service, together with the Privacy Policy and any applicable project agreement or statement of work executed by the parties, constitute the entire agreement between you and SAM CHEUNG INTERNATIONAL CO., LIMITED regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Amendments
The Company reserves the right to modify or replace these Terms of Service at any time at its sole discretion. When changes are made, we will update the Last Updated date at the top of this page. Material changes will be communicated through a prominent notice on the Website or, for Clients with ongoing engagements, via direct communication where feasible.
It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the amended Terms, you must discontinue use of the Website and Services immediately. For Clients, amendments to Terms do not affect the terms of any separately executed project agreement unless mutually agreed in writing.
19. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below. We value clear communication and will respond to inquiries promptly.
Company Name: SAM CHEUNG INTERNATIONAL CO., LIMITED (operating as Garb Digital)
Registered Address: 21/F, Cityplaza 3, 14 Taikoo Wan Road, Quarry Bay, Hong Kong (HK)
Email: feedback@garbdigital.buzz
Phone: +1 941 559 3564
Website: https://www.garbdigital.buzz
We aim to acknowledge all inquiries within two business days and provide substantive responses within five business days. For urgent matters, telephone contact is recommended.