1. Acceptance of These Terms
These Terms of Service govern your access to the XINMAOTRADE website and your use of the services offered through it. By visiting the website, sending an enquiry or engaging our services, 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.
The services described on this site are developed and operated by the developer BillionYield on behalf of BILLION YIELD TRADING LIMITED, a company incorporated in Hong Kong with its office at Rm A, 3/F, CHEONG SUN TWR, 116-118 WING LOK ST, Sheung Wan, Hong Kong (HK). References in these terms to we, us or our mean the developer and the company together. References to you mean the person or organisation using the website or services.
These terms form a legal agreement. We recommend that you read them carefully before using the website or requesting a service, and that you keep a copy for your records. We may ask you to acknowledge specific terms before particular services begin.
2. About the Developer and Company
The XINMAOTRADE service is developed and operated by the developer BillionYield. The developer operates under the authority of BILLION YIELD TRADING LIMITED, whose principal place of business is at Rm A, 3/F, CHEONG SUN TWR, 116-118 WING LOK ST, Sheung Wan, Hong Kong (HK).
The company provides computer systems design and computer integrated systems design services, together with related professional services in the categories of data engineering, platform engineering, systems integration, security and managed care. These services are delivered for banks, brokers, family offices and trading desks operating in Hong Kong and the wider region.
The website at xinmaotrade.hair is our official channel for information, enquiries and service requests. Our contact email is hello@xinmaotrade.hair and our contact phone number is +17243145625.
3. Description of Services
XINMAOTRADE provides professional services in computer systems design and computer integrated systems design. Our services include the following.
- Trading systems architecture, including the design of resilient system blueprints for trading, settlement and market data operations.
- Data engineering and market data services, including ingestion, normalisation, distribution, storage and replay of market data.
- Platform engineering and cloud infrastructure, including deployment, automation, monitoring and capacity planning.
- Systems integration and API development, including connecting order management, execution, clearing, risk and accounting systems.
- Security, compliance and risk systems, including access control, encryption, audit trails and monitoring.
- Managed care and technical support, including proactive monitoring, patching, tuning and a response desk.
The precise scope of any engagement is defined in a separate statement of work or written agreement. In the event of a conflict between these terms and a specific written agreement, the specific agreement governs the particular engagement.
4. Eligibility and Accounts
Our services are provided to businesses and professional organisations. By requesting our services, you confirm that you are acting on behalf of an organisation or in a professional capacity, and that you have authority to bind that organisation to these terms.
Where a service requires an account, you are responsible for keeping your login credentials secure and for all activity carried out under your account. You must notify us promptly if you believe your account has been compromised.
We may verify the identity of clients and the authority of individuals before providing certain services, consistent with our obligations under anti money laundering and related regulations. If we cannot complete verification to our satisfaction, we may decline to provide the service.
5. Client Responsibilities
You agree to provide accurate and complete information when requesting or using our services, and to cooperate with our team in a timely manner. Specific responsibilities include the following.
- Providing access to the systems, data, facilities and staff that we reasonably need to deliver the service.
- Responding to questions and review requests promptly so that the project can stay on schedule.
- Ensuring that you have the rights to share with us any data, systems and materials you provide.
- Appointing a single point of contact for the engagement and keeping that contact current.
- Paying fees in accordance with the invoicing terms agreed for the engagement.
Delays caused by a failure to meet these responsibilities may affect the schedule and, where applicable, the fees for the engagement. We will always communicate clearly when we need something from you so that the work is not stalled by silence.
6. Fees, Invoicing and Payment
Fees for our services are set out in the proposal, quotation or written agreement provided for each engagement. Unless otherwise agreed in writing, fees are payable on the terms stated in the invoice, which is typically issued at agreed milestones or on a monthly basis.
All fees are quoted in the currency stated in the proposal. Unless stated otherwise, fees are exclusive of taxes and duties, which will be added where applicable. Payment is due within the period stated on the invoice, and we may suspend work if payment is not received by the due date.
If the scope of an engagement changes materially, we will agree a revised scope and revised fees in writing before carrying out the additional work. We do not charge for work that was not agreed in advance.
7. Intellectual Property Rights
We retain all intellectual property rights in the methods, tools, frameworks, templates and software that we develop and use in the course of our business. This includes pre existing materials that we bring to an engagement.
Unless otherwise agreed in writing, deliverables created specifically for you and paid for under an engagement are licensed to you for your internal business use. The scope of the licence is defined in the written agreement for the engagement.
You grant us a licence to use the data, materials and systems you provide to us for the purpose of delivering the service. We do not claim ownership of your data or your business materials, and we return or delete them as agreed at the end of the engagement.
8. Confidential Information
Each party may receive confidential information from the other in the course of an engagement. Confidential information includes technical designs, source code, business plans, client lists, pricing, financial data and any information marked as confidential or reasonably understood to be confidential.
Each party agrees to use the confidential information of the other only for the purpose of the engagement and to protect it with at least the same care used to protect its own confidential information. Confidential information may be shared with staff and contractors who need it for the engagement and who are bound by confidentiality obligations.
These confidentiality obligations do not apply to information that is already public, that is independently developed, that is lawfully received from a third party, or that must be disclosed to comply with law. The obligations survive the end of the engagement.
9. Acceptable Use
You agree to use the website and our services only for lawful purposes and in a manner that does not harm the website, our systems, our staff or other clients. Prohibited conduct includes the following.
- Attempting to gain unauthorised access to our systems or the systems of our clients.
- Interfering with the operation of the website, including through denial of service or excessive automated requests.
- Using the services to carry out fraud, money laundering or any criminal activity.
- Misrepresenting your identity or your authority to act for an organisation.
- Uploading or transmitting malicious code or unlawful content through our systems.
We may monitor use of our systems to detect abuse, and we will cooperate with authorities investigating unlawful activity. We reserve the right to restrict access to any user who breaches this section.
10. Data and Personal Information
Our handling of personal information is described in our Privacy Policy, which forms part of these terms. By using the website and services, you confirm that you have read the Privacy Policy and understand how your information is used.
Where you provide us with data about third parties, you confirm that you have the right to do so and that our use of that data to deliver the service is lawful. Where we process personal data on your behalf, the written agreement for the engagement will set out the roles and responsibilities of each party.
We implement appropriate technical and organisational measures to protect the data we hold, and we notify clients and authorities of breaches as required by law. You retain ownership of your data and may request its return or deletion at the end of an engagement.
11. Warranties and Disclaimers
We warrant that our services will be performed with reasonable skill and care, consistent with professional standards in the computer systems design industry.
Except as expressly stated in these terms or in a written agreement, we provide the website and services on an as is and as available basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non infringement.
We do not warrant that the website will be available at all times without interruption, that it will be free from errors, or that the results of our services will meet every expectation of your business. The success of a systems project depends on cooperation between our team and your team, and we work together to achieve the goals set out in the written agreement.
12. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special or consequential damages, or for loss of profits, revenue, data or goodwill, arising out of or relating to these terms or the services.
The total liability of each party under or in connection with these terms and the services, whether in contract, tort or otherwise, will not exceed the fees paid or payable by you for the services in the twelve months preceding the event giving rise to the liability.
Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud. The limitations in this section apply even if a remedy fails of its essential purpose.
13. Indemnification
You agree to indemnify and hold harmless BILLION YIELD TRADING LIMITED, the developer BillionYield and their staff from and against claims, losses, damages, costs and expenses arising out of or relating to your use of the website, your breach of these terms, or your provision of data or materials to us that infringe the rights of a third party.
We agree to indemnify you against claims that our deliverables infringe the intellectual property rights of a third party, provided that you notify us promptly of the claim, give us control of the defence and cooperate with our reasonable requests. If a deliverable is found to infringe, we may modify it, replace it with a non infringing alternative, or refund the fees paid for it.
Neither party will have any indemnification obligation in respect of claims caused by the other party, by third party materials, or by modifications made without the authorising party approval.
14. Term and Termination
These terms take effect when you first use the website or request our services, and they remain in effect until terminated as described below.
You may terminate an engagement in accordance with the written agreement for that engagement. If no notice period is specified, either party may terminate an engagement by giving thirty days written notice.
Either party may terminate with immediate effect if the other party commits a material breach that is not remedied within fourteen days of written notice, or if the other party becomes insolvent, enters liquidation or ceases to carry on business. On termination, you must pay for all work completed and costs properly incurred up to the date of termination, and each party must return or delete the confidential information of the other as directed.
15. Suspension of Services
We may suspend the provision of services, in whole or in part, where this is necessary to protect our systems, to comply with law, or where a client fails to pay amounts due within a reasonable period after they fall due.
We will give you notice of a suspension where it is reasonably practicable to do so, and we will restore services promptly after the cause of the suspension is resolved. A suspension for non payment does not release you from your obligation to pay for services already delivered.
We are not responsible for losses caused by a suspension that results from your breach of these terms or from circumstances outside our reasonable control.
16. Third Party Services and Links
The website and our services may reference or link to third party services, software and platforms. These third party services are provided by their respective owners and are subject to their own terms and privacy practices.
We do not control third party services and we are not responsible for their operation, availability, security or content. A link to a third party service does not mean we endorse it.
Where our services integrate with a third party platform, the terms of that platform apply to your use of that platform. We will advise you of any integration dependencies and their implications before the work begins.
17. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, our business or legal requirements. When we make a material change, we will update the date at the top of these terms and, where appropriate, notify you through the contact details we hold.
The current version of these terms will always be published on this page. Continued use of the website or services after a change takes effect constitutes acceptance of the updated terms.
If a change materially reduces your rights, we will give you reasonable notice before it takes effect and, where required, seek your agreement where the change affects an active engagement.
18. Governing Law and Jurisdiction
These terms are governed by the laws of Hong Kong, without regard to its conflict of law principles. The laws of Hong Kong apply to all matters arising out of or relating to the website and the services.
The courts of Hong Kong have exclusive jurisdiction over any dispute arising out of or relating to these terms, the website or the services, except that either party may seek injunctive or other urgent relief in any court of competent jurisdiction.
If you are located outside Hong Kong, you acknowledge that you are submitting to the jurisdiction of the courts of Hong Kong in respect of any dispute, and that the terms are interpreted in accordance with the law of Hong Kong.
19. Dispute Resolution
We aim to resolve any dispute quickly and fairly through direct communication. Before starting formal proceedings, each party agrees to attempt to resolve the dispute through good faith negotiation, with senior representatives of both parties taking part.
If the dispute cannot be resolved through negotiation within thirty days, either party may refer the matter to mediation in Hong Kong. Participation in mediation is voluntary, but we will treat a referral in good faith and attend in a spirit of cooperation.
If the dispute is not resolved by negotiation or mediation, it will be resolved by the courts of Hong Kong in accordance with the governing law section. Nothing in this section prevents a party from seeking urgent injunctive relief where the circumstances require it.
20. Severability and Waiver
If any provision of these terms is held to be invalid, illegal or unenforceable, the remaining provisions continue in full force and effect. The invalid provision is modified to the minimum extent necessary to make it valid and enforceable, or is severed if it cannot be so modified.
No failure or delay by either party in exercising any right under these terms operates as a waiver of that right. A waiver is effective only if it is in writing and signed by the party granting it.
A single waiver of any right does not waive that right on any other occasion, and does not waive any other right. These provisions survive any termination of these terms.
21. Entire Agreement
These terms, together with the Privacy Policy and any written agreement for a specific engagement, constitute the entire agreement between you and us in relation to the website and the services. They supersede all prior discussions, representations and agreements, whether written or oral.
No statement made on the website or in promotional material forms part of the agreement except where it is incorporated by a written agreement. We are not liable for any representation or statement made informally unless it is confirmed in writing.
Each party confirms that it has not relied on any representation other than those set out in the written agreement, and that it has the authority to enter into the agreement.
22. Contact Information
If you have any question about these Terms of Service, please contact us through the channels below.
Company: BILLION YIELD TRADING LIMITED
Address: Rm A, 3/F, CHEONG SUN TWR, 116-118 WING LOK ST, Sheung Wan, Hong Kong (HK)
Email: hello@xinmaotrade.hair
Phone: +17243145625
We will respond to your enquiry within a reasonable time and normally within one business day. Thank you for taking the time to read these terms.