These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and KAM FUNG KITCHEN LIMITED, trading under the name BrecGuard, a company incorporated under the laws of Hong Kong with its registered office at G/F, 12 San Fung Ave, Sheung Shui, Hong Kong.
By accessing our website at https://www.brecguard.buzz, engaging our professional computer systems design and IT services, or otherwise interacting with our business, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms and conditions or policies referenced herein or made available by hyperlink.
If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any of our services. These Terms apply to all visitors, users, clients, and others who access or use our website and services. We reserve the right to refuse service to anyone for any reason at any time.
For the purposes of these Terms of Service, the following definitions apply:
Company refers to KAM FUNG KITCHEN LIMITED, trading as BrecGuard, and includes its officers, directors, employees, agents, affiliates, and subcontractors where the context so requires.
Services refers to the professional computer systems design, IT consulting, cloud infrastructure, cybersecurity, network engineering, data analytics, managed IT operations, and all other technical and professional services described on our website or agreed upon in a separate written service agreement.
Website refers to https://www.brecguard.buzz and all subdomains, subdirectories, and associated digital properties owned or operated by the Company.
Client refers to any individual or entity that engages our Services, whether through a formal written agreement, a verbal arrangement confirmed in writing, or by submitting a project inquiry through our website.
User refers to any individual who visits or interacts with our Website, regardless of whether they engage our Services.
Content means any text, images, graphics, designs, code, data, or other materials displayed on, transmitted through, or generated by our Website or Services.
KAM FUNG KITCHEN LIMITED provides professional computer systems design and related technical services, including but not limited to the following categories:
Systems Architecture and Design: Comprehensive planning and engineering of server infrastructures, storage systems, virtualization platforms, and computing environments tailored to client requirements. This includes capacity planning, redundancy design, and performance optimization.
Cloud Computing Services: Cloud readiness assessment, platform selection, architecture design, migration execution, and ongoing management of public, private, and hybrid cloud environments. We support major platforms including AWS, Microsoft Azure, and Google Cloud Platform.
Cybersecurity Services: Security posture assessment, vulnerability scanning, penetration testing, security architecture design, incident response planning, compliance framework implementation, and managed security operations.
Network Infrastructure: Design, deployment, and optimization of local area networks (LAN), wide area networks (WAN), software-defined networking (SDN/SD-WAN), wireless networks, and secure remote access solutions.
Data Management and Analytics: Database architecture, data warehousing, extract-transform-load (ETL) pipeline development, business intelligence platform deployment, and real-time analytics solution design.
Managed IT Operations: 24/7 infrastructure monitoring, incident management, patch management, backup and disaster recovery, IT asset management, and fully managed help desk services.
The specific scope, deliverables, timeline, and fees for any Services engagement shall be defined in a separate written Statement of Work (SOW) or Service Agreement executed by both parties. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail.
By using our Website and Services, you agree to comply with the following obligations:
You agree not to use our Website or Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms. You may not use our Website to transmit any viruses, malware, ransomware, or any other code of a destructive or disruptive nature. You may not attempt to gain unauthorized access to our systems, servers, or networks through hacking, password mining, or any other illegitimate means.
You are responsible for maintaining the confidentiality of any account credentials or access tokens provided to you. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
You agree to provide accurate, current, and complete information as requested during any engagement or inquiry process and to update such information as necessary to keep it accurate, current, and complete. You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, use of our Services, or access to our Services without our express prior written permission. You shall not engage in any activity that interferes with or disrupts the proper functioning of our Services or the servers and networks connected to our Services.
All Content on our Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, and the overall design and layout of the Website, is the exclusive property of KAM FUNG KITCHEN LIMITED or its content suppliers and is protected by Hong Kong and international copyright, trademark, and other intellectual property laws.
The trademarks, service marks, and logos displayed on the Website, including the BrecGuard name and the KAM FUNG KITCHEN LIMITED name, are registered and unregistered trademarks of the Company. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of the Company.
With respect to intellectual property created during the course of providing Services to a Client, ownership rights shall be determined by the specific terms of the executed Service Agreement between the Company and the Client. Unless otherwise agreed in writing, the Company retains ownership of all pre-existing intellectual property, tools, methodologies, frameworks, and know-how that it brings to any client engagement.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Content on our Website for personal, non-commercial use only. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the Content is strictly prohibited and may violate applicable laws.
In the course of delivering our Services, Clients may provide us with materials, data, specifications, credentials, or other information (collectively, Client Materials). You retain all ownership rights in your Client Materials. By providing Client Materials to us, you grant us a limited, non-exclusive license to use, reproduce, and process such materials solely for the purpose of performing our obligations under the applicable Service Agreement.
You represent and warrant that you have all necessary rights, licenses, and permissions to provide the Client Materials to us and that our use of such materials in accordance with the Service Agreement will not infringe or violate any third-party intellectual property rights, privacy rights, or applicable laws. You shall indemnify and hold the Company harmless against any claims, damages, or liabilities arising from our use of Client Materials in accordance with the Service Agreement.
We implement commercially reasonable technical and organizational measures to protect Client Materials against unauthorized access, loss, or corruption. However, you acknowledge that you bear the responsibility for maintaining independent backup copies of all Client Materials provided to us, and we shall not be liable for any loss or corruption of Client Materials except to the extent caused by our gross negligence or willful misconduct.
The fees for our Services shall be as set forth in the applicable Service Agreement, project proposal, or statement of work agreed upon between the Company and the Client. Unless otherwise specified in the Service Agreement, the following standard payment terms shall apply to all service engagements:
Invoices are issued on a monthly basis for ongoing managed services, or upon achievement of defined project milestones for fixed-scope projects. Payment is due within 30 calendar days from the date of invoice. All fees are quoted in Hong Kong Dollars (HKD) unless otherwise specified in the Service Agreement.
The Company reserves the right to charge interest on overdue amounts at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. The Client shall be responsible for all reasonable costs of collection, including legal fees, incurred by the Company in collecting any past-due amounts.
All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including value-added tax (VAT), goods and services tax (GST), or sales tax, which shall be the responsibility of the Client. The Company reserves the right to modify its standard pricing for Services upon 60 calendar days written notice to the Client, provided that any pricing changes shall not apply to Services engagements already in progress at the time of notice.
Each party acknowledges that in the course of performing under these Terms and any Service Agreement, it may receive or have access to confidential, proprietary, or trade secret information belonging to the other party (Confidential Information). Confidential Information includes, but is not limited to, business plans, financial information, technical specifications, source code, system designs, customer lists, security methodologies, pricing structures, and any information designated as confidential in writing by the disclosing party.
Each party agrees to hold the other party's Confidential Information in strict confidence and to use it solely for the purpose of fulfilling its obligations under these Terms and any Service Agreement. Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to its employees, contractors, and agents who have a legitimate need to know such information and who are bound by confidentiality obligations at least as protective as those contained herein.
The confidentiality obligations shall not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party at the time of disclosure, is independently developed by the receiving party without reference to the Confidential Information, or is required to be disclosed by law, regulation, or court order. These confidentiality obligations shall survive the termination or expiration of any Service Agreement for a period of five years.
To the fullest extent permitted by applicable law, KAM FUNG KITCHEN LIMITED, its directors, officers, employees, agents, affiliates, and subcontractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, business interruption, or computer failure or malfunction, arising out of or in connection with these Terms, our Services, or the use of our Website, regardless of the legal theory upon which the claim is based, even if the Company has been advised of the possibility of such damages.
The Company's total aggregate liability for any and all claims arising out of or relating to these Terms or our Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount of fees actually paid by the Client to the Company for the specific Services giving rise to the claim during the twelve-month period immediately preceding the event that gave rise to the claim.
The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and the Company and shall apply even if any remedy fails of its essential purpose. 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 if prohibited by mandatory applicable law in your jurisdiction.
Our Services and Website are provided on an AS IS and AS AVAILABLE basis, without any representations, warranties, or conditions 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, and any warranties arising from course of dealing, course of performance, or usage of trade.
The Company does not warrant that our Services or Website will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. The Company does not warrant that the results that may be obtained from the use of our Services will be accurate, complete, or reliable. The Company does not provide any warranty regarding the performance, availability, or functionality of third-party products, services, or platforms integrated with our Services.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of our Services or Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. The Company makes no representations concerning any content contained in or accessed through our Website, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Website.
You agree to defend, indemnify, and hold harmless KAM FUNG KITCHEN LIMITED, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, partners, contractors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including reasonable legal and accounting fees, arising from or related to:
Your use of and access to our Website and Services; your violation of any term of these Terms of Service; your violation of any third-party right, including but not limited to any intellectual property right, privacy right, or publicity right; your violation of any applicable law, rule, or regulation; any claim that Client Materials provided by you caused damage to a third party; or any other party's access and use of our Services with your unique username, password, or other appropriate security code.
This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of our Services. 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, and in such case, you agree to cooperate with the Company's defense of such claim.
These Terms of Service shall remain in full force and effect while you use our Website or Services. The Company reserves the right, in its sole discretion, to suspend or terminate your access to our Website and Services, or any portion thereof, at any time without notice, for any reason, including without limitation if we suspect that you have violated any provision of these Terms.
Either party may terminate a Service Agreement by providing 30 calendar days written notice to the other party, unless a different termination notice period is specified in the Service Agreement. The Company may terminate a Service Agreement with immediate effect if the Client breaches any material provision of these Terms or the Service Agreement and fails to cure such breach within 15 calendar days of receiving written notice of the breach from the Company.
Upon termination or expiration of a Service Agreement:
The Company reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Service at any time. When changes are made, we will update the Effective Date at the top of this page and post the revised Terms on our Website. It is your responsibility to check these Terms periodically for changes.
If a revision is material, we will make reasonable efforts to provide at least 30 calendar days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website and Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop accessing our Website and cease using our Services.
The Company also reserves the right to modify, suspend, or discontinue any aspect of our Services or Website, temporarily or permanently, with or without notice and without liability to you. Prices for our Services are subject to change upon 60 calendar days notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
Our Services may involve the recommendation, integration, or deployment of third-party products, platforms, software, or services (Third-Party Services). The Company makes no representations or warranties regarding such Third-Party Services and shall not be liable for any issues, failures, data breaches, or security incidents arising from their use, except to the extent directly caused by the Company's gross negligence in the configuration or implementation of such services.
All use of Third-Party Services is subject to the terms, conditions, and policies of the respective third-party providers. It is your responsibility to review and understand those terms. The Company is not a party to any agreement between you and any third-party service provider, and your dealings with such providers are solely between you and them. The Company does not endorse, warrant, or assume responsibility for any Third-Party Services advertised or offered through our Website or recommended during our consulting engagements.
Neither party shall be liable for any failure or delay in performance under these Terms or any Service Agreement, other than payment obligations, if such failure or delay is caused by circumstances beyond the reasonable control of the affected party. Such circumstances include, but are not limited to, acts of God, war, terrorism, civil unrest, labor strikes, fire, flood, earthquake, epidemic or pandemic, governmental acts or regulations, power or telecommunications outages, denial-of-service attacks, Internet infrastructure failures, or supplier failures.
The affected party shall notify the other party promptly upon becoming aware of the force majeure event and shall make reasonable efforts to mitigate its effects and resume performance as soon as reasonably practicable. If a force majeure event continues for more than 60 consecutive calendar days, either party may terminate the affected Service Agreement by providing written notice to the other party.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Service, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. Either party may initiate such negotiations by delivering a written notice detailing the nature of the dispute to the other party.
If the parties are unable to resolve the dispute through negotiations within 30 calendar days of receiving the notice, either party may refer the dispute to mediation administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its Mediation Rules. The mediation shall take place in Hong Kong and shall be conducted in the English language.
If the dispute remains unresolved after mediation, or if either party declines to participate in mediation, the dispute shall be referred to and finally resolved by arbitration administered by the HKIAC in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted in English by a single arbitrator mutually agreed upon by the parties or, failing agreement, appointed by the HKIAC. The arbitral award shall be final and binding on both parties.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, or data security.
These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any Service Agreement.
Subject to the dispute resolution provisions set forth in Section 16, the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong for any legal proceedings arising out of or in connection with these Terms. This governing law and jurisdiction provision applies regardless of your place of residence, the location from which you access our Services, or the location of any computer systems involved in the delivery of our Services.
Entire Agreement: These Terms of Service, together with our Privacy Policy and any executed Service Agreement, constitute the entire agreement between you and KAM FUNG KITCHEN LIMITED concerning the subject matter hereof and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between the parties.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Waiver: No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof. A waiver by the Company of any breach of these Terms shall not constitute a waiver of any subsequent breach.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms without restriction, provided that the assignee agrees to be bound by these Terms.
Relationship of the Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and the Company. Each party is an independent contractor with full authority to conduct its own business affairs.
Notices: All notices required or permitted under these Terms shall be in writing and delivered by email. Notices to the Company shall be sent to support@brecguard.buzz. Notices to you shall be sent to the email address you provided during registration or in your most recent communication with us. Notice shall be deemed given 24 hours after the email is sent, provided no bounce-back or delivery failure notification is received.
If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to provide any formal notice as contemplated herein, please contact us through any of the following channels. We are committed to providing timely and thorough responses to all inquiries.
KAM FUNG KITCHEN LIMITED
G/F, 12 San Fung Ave, Sheung Shui, Hong Kong
Email: support@brecguard.buzz
Phone: +852 4617 0747
Website: https://www.brecguard.buzz
For legal service of process or formal legal correspondence, please use the email address above with the subject line Attention: Legal Department to ensure prompt routing to the appropriate personnel.
These Terms of Service were last reviewed and updated on November 15, 2024, by KAM FUNG KITCHEN LIMITED.