These Terms of Service set out the agreement between you and Shang Shing Company Limited in relation to this website and the services offered by the studio. Shang Shing Company Limited operates from Rm 6A 11/F ENERGY PLZ, 92 GRANVILLE RD, Tsim Sha Tsui, Hong Kong, and provides mobile application design and build services, user interface systems and design tokens, offline-first data layers, store release management, and crash monitoring and maintenance. Please read these terms carefully before using the website or engaging the studio.
By accessing this website, submitting an enquiry, or accepting a proposal from the studio, you agree to be bound by these terms. If you do not agree with any part of these terms, you should not use the website or the services. These terms should be read together with the Privacy Policy published on this website, which explains how personal information is handled.
1. Acceptance of Terms
These Terms of Service form a binding agreement between you, whether an individual or an organisation, and Shang Shing Company Limited. Your use of this website and your engagement of the studio services indicate your acceptance of these terms. If you are entering into this agreement on behalf of an organisation, you confirm that you have the authority to bind that organisation to these terms.
The studio may require a separate signed proposal or statement of work for a particular project. Where such a document exists, it will govern the specific project to which it relates, and these terms will continue to apply in addition, except where the document expressly states otherwise. In the event of a conflict, the signed project document will take precedence for that project.
No variation of these terms will be effective unless it is agreed in writing by an authorised representative of Shang Shing Company Limited. A failure by the studio to enforce any part of these terms on one occasion does not waive the right to enforce it later.
2. Definitions
In these terms, the studio refers to Shang Shing Company Limited, its employees, contractors and authorised representatives. The client refers to the person or organisation that engages the studio to provide services. The website refers to the pages published at www.shangshing.buzz. The application refers to any mobile software designed, built or maintained by the studio, whether for the studio itself or for a client.
The services refers to the design and build of mobile applications, user interface systems and design tokens, offline-first data layers, store release management, and crash monitoring and maintenance, together with any related work described in a proposal. A release window refers to a scheduled period during which the studio undertakes a defined stage of work. A version tag is a label applied to a specific build or release to identify it within the project history.
Content means text, images, layout, code and other material published on the website or supplied as part of the services. Deliverables means the files, builds, documentation and other outputs provided to the client at defined points of a project. Business hours means Monday to Friday, 09:00 to 18:00 Hong Kong time, excluding public holidays in Hong Kong.
3. Eligibility and Authority
The services of Shang Shing Company Limited are intended for businesses, professionals and organisations, and this website is not directed at children. By using the website, you confirm that you are at least the age of majority in your jurisdiction or that you have the involvement of a parent or guardian where required by law.
You also confirm that any information you provide to the studio is accurate and that you have the right to provide it. Where a project involves information belonging to third parties, you confirm that you have the necessary permissions to share that information with the studio for the purposes of the work.
The studio reserves the right to decline an enquiry or a project at its discretion, including where a proposed use appears unlawful, harmful or outside the studio areas of practice. Where a project is declined after discussion, the studio will explain the reason in general terms and will return any materials supplied for review.
4. Scope of Services
Shang Shing Company Limited designs, builds and maintains iOS and Android applications for Hong Kong shops, clinics and studios. The six service lanes are iOS App Design and Build, Android App Design and Build, UI System and Design Tokens, Offline-First Data Layers, Store Release Management, and Crash Monitoring and Maintenance. Each lane is described on the services page of this website, and the description there forms part of the context for any proposal.
The studio may use subcontractors or third party components where this is appropriate for the work. The studio remains responsible to the client for the quality of the services it provides, and it selects subcontractors with the same care it applies to its own work. The studio will inform the client where a material part of the work is carried out by a subcontractor.
Unless expressly agreed in writing, the services do not include the creation of content such as photography or copywriting, the purchase of domain names, the payment of app store fees, or ongoing hosting of client servers. Where such items are needed, the studio will identify them clearly in a proposal so that the client can decide how to proceed.
5. Project Engagement and Proposals
A project normally begins with a bench session in which the client and the studio discuss the problem to be solved, the people who will use the application, and what a successful release would look like. Following that session, the studio may prepare a proposal describing the scope, the stages of work, the release windows, the deliverables and the fees.
A proposal remains open for acceptance for the period stated in it, or for thirty days if no period is stated. A project becomes active when the client accepts the proposal in writing and pays any deposit described in it. Until a project is active, the studio is under no obligation to begin work and the client is under no obligation to proceed.
Estimates of time and effort are given in good faith based on the information available at the time. Where the information provided by the client changes materially, the studio may revise the estimate and will discuss the revision with the client before continuing.
6. Client Responsibilities
The client agrees to provide the information, materials and decisions reasonably required for the studio to carry out the work. Delays in providing these items may affect the schedule, and the studio will adjust release windows accordingly. The client is responsible for the accuracy of the information it supplies and for ensuring that it has the rights necessary to use any material it provides.
The client is also responsible for the operation of its own business, including compliance with laws that apply to its activities. Where an application handles information about customers, patients or clients, the client is responsible for the notices and consents required for that handling, and the studio will build the application to support the client in meeting those duties.
The client agrees to nominate a person with authority to review and approve deliverables within agreed timeframes. Prompt review keeps a project moving and avoids the cost of revisiting finished work. The studio will give clear notice when a review or approval is needed.
- Provide timely information, materials and decisions.
- Confirm that supplied materials may lawfully be used.
- Handle end user notices and consents for the client business.
- Nominate an authorised reviewer for approvals.
7. Fees and Payment
Fees for the services are set out in the applicable proposal. Unless the proposal states otherwise, a deposit is payable before work begins, with further payments tied to defined stages such as the completion of the interface kit, the completion of a testable build, and the preparation of the store packet. Invoices are issued in Hong Kong dollars unless another currency is agreed.
Invoices are payable within the period stated on the invoice. Where payment is overdue, the studio may pause work after giving notice, and it may charge interest on overdue amounts at a rate that is reasonable and lawful in Hong Kong. The studio will always seek to resolve a payment concern through discussion before taking further steps.
Fees are exclusive of any taxes, duties and app store charges unless stated otherwise. The client is responsible for any such charges that apply to the client business. Where a project is cancelled, the client remains responsible for fees for work already performed and for commitments already made on the client behalf.
8. Changes and Revisions
A project scope may change as understanding grows, and the studio welcomes reasonable change. A change is handled through a written variation that describes the new or altered work, any effect on the schedule, and any effect on the fees. Work on a variation begins once the client accepts the variation.
Minor corrections that bring a deliverable into line with an agreed description are always included. Broader changes of direction, new features, and changes to a platform that alter the work already done may be treated as a variation. The studio will be clear about which category a request falls into so that there are no surprises.
Where a client requests a change after a stage has been approved, the studio will explain what can be adjusted and what must be rebuilt, and will set out the practical implications before any further work begins. This approach protects both the schedule and the quality of the final release.
9. Intellectual Property
Upon full payment of the fees for a project, the client receives ownership of the custom application code and the custom design work created specifically for that client, to the extent permitted by law and subject to the rights of third parties in tools and components used to produce it. The studio retains ownership of its pre-existing materials, including its design token framework, internal libraries, and general know-how.
The studio grants the client a perpetual licence to use the studio pre-existing materials to the extent they are embedded in the delivered application, so that the client may use, maintain and extend the application. This licence does not permit the client to resell the studio framework as a standalone product.
The studio may describe the project in general terms, such as by noting that it built an application in a given sector, unless the client requests otherwise in writing. The studio will not disclose confidential business details of a client without permission. All intellectual property rights in this website and its content remain with Shang Shing Company Limited.
10. Third Party Materials and Platforms
Applications built by the studio rely on third party platforms, including the Apple App Store and Google Play, as well as third party software components and services. These items are governed by their own terms, and the client is responsible for complying with them. This can include account requirements, content policies and fee arrangements set by the platform operator.
The studio selects third party components with care and reviews the terms that apply to them. However, the studio does not control these platforms and cannot guarantee that a platform will continue to offer a feature, approve a listing, or maintain its terms unchanged. Where a platform change affects a delivered application, the studio will advise the client on the available options as part of the maintenance service.
Where a third party component is licensed under terms that require an attribution or a specific licence notice, the studio will include the required notice in the delivered materials so that the client can comply. The client should not remove such notices without checking the applicable licence.
11. Store Releases and Approvals
Store release management is one of the studio service lanes. The studio prepares the release packet, including listing text, screenshots, category choices, ratings and privacy answers, and submits the application for review. The client provides final approval of the listing and of any declarations made on the client behalf before submission.
Store operators make their own decisions about whether to accept an application, and their review processes are outside the studio control. The studio will work diligently to address any review feedback and to resubmit, but it cannot guarantee a particular outcome or timeline. Where a rejection requires a change to the application, the studio will explain the required change and its effect on the schedule.
The client is responsible for the accuracy of the statements made in the release packet about the client business and its data practices. The studio will prepare those statements from information supplied by the client and will ask for confirmation before submission, so that the published listing reflects the truth of the client operation.
12. Maintenance and Monitoring
Following a release, the application may enter the maintenance and monitoring service. This service includes reading crash and performance reports, grouping defects by cause, and shipping fixes and compatibility updates on an agreed cadence. The service is provided on the terms and for the fee set out in the applicable proposal.
Maintenance covers defects in the delivered application and updates needed to keep the application working with current platform versions. New features, redesigns and integrations with new systems are treated as new work and are quoted separately. The studio will be clear about which category a request falls into.
The studio monitors a crash-free rate as one measure of application health. This measure is a technical indicator and not a guarantee of any particular business result. The studio will report on the measure during maintenance so that the client can see how the application is performing over time.
13. Acceptable Use of the Website
You agree to use this website lawfully and respectfully. You must not attempt to gain unauthorised access to any part of the website or its supporting systems, interfere with its normal operation, introduce malicious code, or use automated tools in a way that places an unreasonable load on the service. You must not copy or republish substantial parts of the website content without permission.
The website is provided for information about the studio and its services. You may print or save pages for your own reference and may share links to the pages. Commercial use of the content, including reproduction on another website, requires written permission from Shang Shing Company Limited.
The studio may suspend or restrict access to the website where it reasonably believes that use is unlawful, harmful or disruptive, or where necessary to protect the website and its users. The studio will seek to keep any such restriction proportionate and short in duration.
14. Confidentiality
Each party may receive information that is confidential to the other in the course of a project. Confidential information includes business plans, client lists, unpublished designs, source code and any other material marked or reasonably understood to be confidential. Each party agrees to use confidential information only for the purposes of the project and to protect it with reasonable care.
Confidential information does not include information that is already public, that becomes public without a breach of these terms, that is independently developed without reference to the confidential information, or that is lawfully received from another source without a duty of confidence.
Where a party is required by law to disclose confidential information, it will, where permitted, give the other party notice so that protective steps can be considered. The duty of confidentiality continues after the end of the project for a reasonable period, and for as long as the information retains commercial value.
15. Warranties and Disclaimers
Shang Shing Company Limited warrants that it will perform the services with reasonable skill and care and in a professional manner consistent with the standards of its industry. The studio will correct any defect in its work that is reported within a reasonable period after delivery, provided the defect arises from the studio work rather than from later changes or third party causes.
Except as expressly stated in these terms, the services and the website are provided on an as available basis, and the studio makes no other warranties, whether express or implied. The studio does not warrant that the website will be uninterrupted or free of errors, or that an application will be free of every defect, because software of any complexity can contain faults.
Nothing in these terms excludes or limits any warranty or right that cannot lawfully be excluded or limited. Where a jurisdiction does not permit a particular exclusion, that exclusion will not apply to the extent it is not permitted, and the rest of these terms will remain in effect.
16. Limitation of Liability
To the fullest extent permitted by law, Shang Shing Company Limited will not be liable for indirect, incidental, special or consequential losses, including loss of profit, loss of business, loss of data or loss of goodwill, arising out of or in connection with the services or the website. The studio liability for direct losses will be limited to the total fees paid by the client for the services giving rise to the claim.
The studio does not exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded. Where a claim arises from a third party platform or component, the studio liability is limited to the extent permitted by the terms of that third party.
The client is responsible for maintaining independent backups of data and materials it values. The studio will assist with recovery where it reasonably can, but it does not operate as a data backup service unless a backup service is expressly included in a proposal.
17. Indemnity
The client agrees to indemnify and hold harmless Shang Shing Company Limited against claims, losses and costs arising from materials supplied by the client, from the client use of an application in a manner not contemplated by the project, or from the client failure to obtain a consent or permission required for its business. This indemnity applies to the extent that the claim arises from the client act or omission.
The studio agrees to indemnify and hold harmless the client against claims that the studio original work infringes the intellectual property rights of a third party, provided the client has used the work as intended and has notified the studio promptly of the claim. The studio may, at its option, modify the work to avoid the infringement or obtain a licence for the client to continue using it.
A party seeking indemnity under this section must give the other party prompt notice of the claim, reasonable cooperation in defending it, and the opportunity to participate in the defence. No settlement that imposes an obligation on the indemnifying party may be made without that party agreement.
18. Termination and Suspension
Either party may terminate a project by giving written notice in accordance with the terms of the applicable proposal. On termination, the client remains responsible for fees for work performed up to the date of termination and for commitments already made. The studio will provide the client with the deliverables that have been completed and paid for.
The studio may suspend or terminate the services immediately where the client fails to pay an undisputed invoice after notice, where the client requests work that is unlawful or harmful, or where continuing the work would place the studio in breach of a legal or platform obligation. The studio will explain the reason for any such step.
Provisions of these terms that by their nature should survive termination will continue to apply, including provisions on intellectual property, confidentiality, warranties and disclaimers, limitation of liability, indemnity and governing law.
19. Governing Law and Disputes
These terms are governed by the laws of the Hong Kong Special Administrative Region. The parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong, without prejudice to any right to seek relief in another forum where this is required for the effective protection of a party rights.
Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good faith discussion, beginning with a written notice that describes the issue and the outcome sought. The parties will meet, in person or remotely, within a reasonable period after the notice, and will keep the details of the discussion confidential.
If a dispute cannot be resolved through discussion, the parties may agree to mediation before proceeding further. Nothing in this section prevents a party from seeking urgent interim relief where delay would cause harm. These terms are written in English, and the English version governs any translation.
20. Changes to These Terms
Shang Shing Company Limited may update these Terms of Service from time to time to reflect changes in the services, the tools used, or the law. When a change is made, the date at the top of the page will be revised. Where a change is significant, the studio will take reasonable steps to bring it to the attention of clients and website visitors.
Continuing to use the website or the services after an update means that the revised terms apply, to the extent permitted by law. A project that is already active will continue to be governed by the terms in force when the project became active, unless the client agrees to the revised terms for that project.
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force. These terms, together with any signed project document and the Privacy Policy, form the entire agreement between the parties on this subject.
21. How to Contact Us
Questions about these Terms of Service are welcome and will be answered promptly. The studio can be reached by email at support@shangshing.buzz, by telephone at +85244234064 during business hours, Monday to Friday, 09:00 to 18:00 Hong Kong time, or by post at the address below.
Shang Shing Company Limited
Rm 6A 11/F ENERGY PLZ
92 GRANVILLE RD
Tsim Sha Tsui, Hong Kong
Thank you for reading these Terms of Service and for considering Shang Shing Company Limited for your mobile application work. The studio looks forward to designing, building, shipping and watching your next release.