China Factory AuditChina Factory Audit

Terms of Service

Terms and conditions for using China Factory Audit services.

Terms of Service

Last Updated: November 29, 2024

1. Acceptance of Terms

By accessing or using China Factory Audit ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Scope of Service

  • Services Provided: We provide verification, risk assessment, and legal support services regarding suppliers in mainland China for overseas buyers. Our services include, but are not limited to:
    • Business license verification.
    • Shareholder and actual controller structure analysis.
    • Litigation, operating anomalies, and blacklist searches.
    • Bank account and collection information verification.
    • On-site verification visits (if applicable).
    • Reference interviews (if applicable).
    • Contract drafting and review.
  • Deliverables: We provide written reports based on information available at the time of verification. These reports are for your internal reference only.
  • No Guarantee: Our reports serve as an information tool to assist your decision-making. They do not constitute a guarantee of the supplier's future performance, financial stability, payment safety, or product quality.

3. Delivery and Turnaround

  • Standard Turnaround: Verification typically begins upon receipt of complete information and payment. Standard delivery is 3–7 business days. Delays may occur due to public holidays, government system maintenance, supplier non-cooperation, or complex on-site verification requirements.
  • Delivery Method: Reports are delivered via email to the address specified by you (default delivery method).
  • Retention: Reports remain accessible for 30 days from the date of delivery. After 30 days, we may archive or delete the data. Requests for re-downloads or re-verification after this period may incur additional fees.

4. Fees and Refunds

  • Payment: Fees are billed per service or package in USD.
  • No Refunds: Due to the costs incurred in accessing data and deploying personnel, fees are non-refundable once the verification process has initiated.
  • Additional Costs: If the information you provide is insufficient or changes, requiring a re-investigation, separate fees will apply.
  • Price Changes: We will notify you of any price changes in advance. You agree to pay the full amount in a timely manner according to the selected payment method.

5. Client Obligations

  • Accurate Information: You agree to provide true, complete, and legitimate supplier information and warrant that you have the right to provide such information.
  • Internal Use Only: The reports provided are for internal procurement and risk control decisions by you and your affiliates only. You may not resell, forward, publish, or disclose the reports to third parties without our prior written consent.
  • Lawful Use: You agree to use the Service only for lawful purposes. You must notify us immediately if you suspect any unauthorized use of your account.

6. Information and Privacy

  • Data Collection: We collect account/contact information, supplier leads/documents, usage data, and payment-related information (processed by third-party payment providers).
  • Usage: Data is used to perform verification, provide customer support, maintain compliance records, and improve our Service.
  • Storage: Data may be stored and processed in mainland China or overseas servers. For details, please refer to our Privacy Policy.
  • Confidentiality: Sensitive supplier information is used strictly for verification and reporting purposes. We do not share this data except as required by law or to fulfill the Service.

7. Intellectual Property

  • Our Rights: We retain all ownership rights to the report formats, methodologies, templates, and underlying tools used to generate the deliverables.
  • Your License: We grant you a license to use the delivered reports for your internal business purposes. You may not copy, split, verify, or create derivative works from our reports for commercial resale.
  • Your Materials: Materials submitted by you remain your property.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION. WE DO NOT PROVIDE FINANCIAL, INSURANCE, OR ESCROW SERVICES. ANY TRANSACTION DECISIONS YOU MAKE BASED ON OUR REPORTS ARE AT YOUR SOLE RISK.

9. Limitation of Liability

  • Exclusion of Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS).
  • Liability Cap: OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
  • Force Majeure: We are not liable for deviations or delays in results caused by force majeure, government controls, data source restrictions, or supplier information changes.

10. Indemnification

You agree to indemnify and hold us and our affiliates harmless from any claims, losses, damages, or expenses arising from your unlawful use of the Service, breach of these Terms, or unauthorized disclosure of the reports to third parties.

11. Termination

  • We may suspend or terminate your access to the Service if you breach these Terms, pose a security risk, or fail to pay fees.
  • Termination does not affect payment obligations that have already arisen or sections of these Terms that naturally survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution).

12. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China (excluding conflict of law rules).
  • Dispute Resolution: In the event of any dispute, the parties shall first attempt to resolve it through friendly negotiation. If negotiation fails, the dispute shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing (or Shanghai/Shenzhen), conducted in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The language of arbitration shall be Chinese.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Updates are effective immediately upon posting on this website. Your continued use of the Service constitutes acceptance of the changes.

14. Contact Us

If you have any questions about these Terms, please contact us at: info@chinafactoryaudit.com