Terms of Service

1. Agreement to these terms

These Terms of Service govern the use of this website and the provision of managed endpoint services by Taint and Technology Services Limited, a firm registered at Rm A 12/F Berford Tower, 68-72 Tai Kok Tsui Rd, Tai Kok Tsui, Hong Kong - 999077, Hong Kong (HK). By using the website, sending an enquiry or signing a service order, you agree to these terms.

If you are agreeing on behalf of an organisation, you confirm that you have authority to bind that organisation. If you do not have that authority, or if you do not agree with these terms, please do not use the website or the services.

A signed service order, a written proposal accepted by the client, or a signed engagement letter takes precedence over these terms where the documents conflict. These terms fill the gaps and apply to every engagement unless a written agreement states otherwise.

2. Definitions

In these terms, the following words have the meanings given below. The definitions apply throughout the document and to any service order unless a different meaning is stated in writing.

• Firm means Taint and Technology Services Limited.
• Client means the organisation or individual that purchases the services.
• Services means the managed endpoint services described in these terms and in the relevant service order.
• Device means a laptop, desktop, tablet or shared terminal that is enrolled or supported under the services.
• Bay means the service area operated by the firm at the Tai Kok Tsui address.
• Register means the written record of enrolled devices and their state.
• Ticket means a reported incident or request recorded on the triage desk.
• Ring means a group of devices scheduled to receive updates at the same time.
• Business day means a day other than Saturday, Sunday or a public holiday in Hong Kong.

3. Scope of the service

The firm provides computer systems design and related professional, scientific and technical services, with a focus on managed endpoint hygiene. The services are delivered from the bay at Rm A 12/F Berford Tower, 68-72 Tai Kok Tsui Rd, Tai Kok Tsui, Hong Kong - 999077, Hong Kong (HK), and remotely where a device cannot be brought to the bench.

The scope of each engagement is set out in a written service order that names the devices, the services, the reporting format and the fees. Work outside that scope requires a written change request. The firm may decline a change request where the work cannot be delivered safely or where the requested date cannot be met.

The services do not include the sale of hardware, the provision of internet connectivity, or the operation of client applications beyond the support described in the service order. Where hardware is purchased through the firm, the terms of the manufacturer or supplier apply to that purchase.

4. The six managed services

The service catalogue contains six services. A client may purchase all six or a subset. Each service produces its own written output, and the outputs are described in more detail on the services page of this website.

• Device Enrolment Runs: inspection, recording, imaging and enrolment of devices against an agreed baseline.
• Patch Ring Scheduling: sorting devices into rings and releasing updates on an agreed cadence.
• Incident Triage Desk: receiving, classifying and resolving reported incidents and requests.
• Backup Drill Audits: restoring samples of client data in isolation and recording the result.
• Network Hygiene Reviews: examining the office network and reporting stale or unsafe configurations.
• Onboarding Kit Builds: preparing, testing and labelling kits for new joiners and running the reverse process on departure.

Where a service depends on another, the dependency is stated in the service order. For example, patch ring scheduling normally depends on devices having been enrolled and recorded in the register. The firm will not start a dependent service until the prerequisite is in place unless the client accepts the risk in writing.

5. How an engagement begins

An engagement begins with a walkthrough or a scoping call, followed by a written proposal. The proposal sets out the census of devices, the services proposed, the resources required from the client and the fees. The engagement starts when the client accepts the proposal in writing and any agreed deposit has been received.

Where a client asks the firm to begin work before a formal proposal is signed, the firm may do so on the basis of written confirmation by email. In that case these terms apply from the date of the confirmation, and the written proposal follows within a reasonable period.

The firm may decline an engagement where the device estate cannot be supported safely, where the client is unable to provide necessary access, or where the engagement would create a conflict with an existing client.

6. Client duties

The client agrees to provide accurate information about its devices, users and applications, and to keep the firm informed of material changes. The client is responsible for obtaining any consent required from its own staff for the processing described in the service order and the privacy policy.

The client agrees to nominate a contact person who can approve changes, release devices for enrolment and authorise access. Where the nominated contact is unavailable, the client should name a deputy so that planned work is not delayed.

The client agrees to ensure that devices presented for enrolment are not subject to a legal hold or restriction that would prevent the agreed work. Where a device is subject to such a restriction, the client must tell the firm before the device is delivered to the bay.

7. Site access and remote access

Where work requires access to the client premises, the client will provide safe access during agreed hours and will ensure that a responsible person is present. The firm will give reasonable notice of visits and will follow the client site rules on health, safety and security.

Remote access is provided through an approved connection method, and each session is logged. The firm will not use remote access for any purpose beyond the documented work, and access credentials will be removed when the work is complete or when the engagement ends.

The client will not share its access credentials with the firm by unsecured means. Where a credential must be provided, the firm will supply a method for secure transfer, and the client should rotate the credential once the work is complete.

8. Fees and invoicing

Fees are stated in the service order and are quoted in the currency named there. Recurring fees are invoiced monthly or at the interval stated in the service order. One off fees for enrolment, kit builds and project work are invoiced when the work is completed or at the milestones stated in the order.

Invoices are payable within fourteen days of the invoice date unless the service order states a different period. The firm may charge interest on overdue amounts at a reasonable rate, calculated from the due date until payment is received. The firm may also suspend services where an invoice remains unpaid for more than thirty days after a written reminder.

Where a client disputes an invoice in good faith, the client should notify the firm within ten business days of receiving it and pay the undisputed portion. The disputed portion will be reviewed promptly, and services will continue while the review is under way.

9. Taxes and currency

Fees are exclusive of any applicable taxes, duties or levies unless the service order states otherwise. The client is responsible for paying any such amounts in addition to the fees, except for taxes on the income of the firm.

Where a withholding tax applies, the client may deduct it as required by law and will provide a certificate of payment so that the firm can account for the amount. The parties will cooperate to reduce or recover any amount that can lawfully be reclaimed.

Payments are made in the currency named in the invoice. Where a payment is made in another currency, the firm may apply the exchange rate on the date of receipt and charge any shortfall caused by conversion.

10. Changes to the service

Either party may request a change to the scope, the cadence or the reporting format. A change takes effect when both parties confirm it in writing. The firm will provide an estimate of any effect on fees and delivery dates before the change is confirmed.

The firm may make minor changes to the way a service is delivered without a formal change request, provided that the change does not reduce the agreed outcome and does not increase the fee. The firm will tell the client about such changes in the next monthly note.

Where a change in law, a vendor release or a security matter requires an urgent adjustment, the firm may act first and document the change afterwards. The client will be informed as soon as it is practical to do so.

11. Service levels and response

The firm aims to acknowledge a new ticket within one business day and to respond to an urgent ticket within two business hours during business hours. These targets apply to the triage desk and are measured from the time a report reaches the firm through an agreed channel.

Response targets are not a guarantee that a problem will be resolved within a fixed period. Resolution depends on the nature of the issue, the availability of the user and the cooperation of third party providers. The firm will keep the client informed of progress and will not leave a ticket without an owner.

Where a service order includes a higher level of support, such as extended hours or a dedicated on call contact, the terms of that support are set out in the order and prevail over the general targets in this section.

12. Exclusions and client responsibilities

The firm is not responsible for the acts or omissions of the client, its staff or a third party. In particular, the firm is not responsible for damage caused by unauthorised changes to a device, by the installation of software outside the agreed baseline, or by the use of an unapproved storage device.

The client remains responsible for the accuracy of its own business records and for the content of its own files. The backup drill audits test the recoverability of data, but they do not replace the client duty to operate an appropriate backup regime.

The firm is not liable for a failure that arises from a client instruction that the firm has advised against in writing. Where the firm gives such advice, it will record the advice and the client confirmation in the service file.

13. Third party software and providers

The services may involve software and infrastructure supplied by third parties, including operating system vendors, security vendors, hosting providers and email providers. Those third parties operate under their own terms, and the firm does not control their availability or their decisions about their products.

The client is responsible for holding any licence required for third party software used on its devices. The firm may assist with licence records as part of enrolment, but the obligation to be properly licensed remains with the client.

Where a third party provider changes its terms or discontinues a product, the firm will notify the client and propose a reasonable alternative. Any additional cost arising from such a change will be discussed before it is incurred.

14. Intellectual property

The firm retains all rights in its own methods, templates, checklists, documentation and internal tools. The client receives a licence to use the reports and registers produced for the client during the engagement, for the internal purposes of the client organisation.

The website and its content are protected by copyright and other rights. You may view and print pages for your own reference, but you may not reproduce them for commercial use without written permission from the firm.

Client data remains the property of the client. The firm does not acquire any right in client files beyond the limited licence needed to deliver the services, including the right to copy a sample of files for the purpose of a restore drill.

15. Confidentiality

Each party will keep confidential the non public information of the other party that it receives in connection with the engagement. Confidential information may be used only for the purposes of the engagement and may be disclosed only to personnel and providers who need it and who are bound by confidentiality obligations.

These obligations do not apply to information that is publicly available without breach, that was already known to the receiving party, that is independently developed, or that must be disclosed by law. Where disclosure is required by law, the party required to disclose will give prompt notice where that is lawful.

The confidentiality obligations continue for five years after the engagement ends, and indefinitely for trade secrets and for personal information that remains protected by law.

16. Data protection in the engagement

Where the firm processes personal information on behalf of a client, the firm acts as a processor and the client acts as the controller. The firm will process the information only on the documented instructions of the client and will apply the security measures described in the privacy policy and the service order.

The firm will assist the client in responding to requests from individuals, in assessing the risk of a processing operation, and in notifying an incident where notification is required. Any assistance beyond a routine matter may be charged at the rates in the service order.

On termination, the firm will return or delete the personal information held on behalf of the client, according to the instruction of the client and subject to any retention required by law. A certificate of deletion may be provided on request.

17. Security duties of both parties

The firm will maintain appropriate technical and organisational measures to protect the information it holds. These measures include access control, encryption of portable devices, patch management, backup testing and a documented incident procedure.

The client will maintain appropriate measures in its own environment, including strong authentication for its accounts, prompt removal of access for departing staff, and a backup regime for its own data. Each party will notify the other promptly of any suspected security incident that may affect the engagement.

Neither party will attempt to circumvent the security controls of the other. This includes attempts to access accounts without authorisation, the use of unapproved tools, and the disabling of monitoring without written agreement.

18. Warranties

The firm warrants that the services will be delivered with reasonable skill and care by suitably qualified personnel and that the work will materially conform to the written service order. This is the only warranty given in relation to the services.

The firm does not warrant that a device will be free from every defect, that a third party product will operate without interruption, or that a restore drill will always produce a perfect result. Where a drill fails, the firm will report the failure and take reasonable steps to correct the underlying cause.

The client warrants that it has the authority to grant the access and provide the devices described in the service order, and that the information it provides about its devices is accurate to the best of its knowledge.

19. Limitation of liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

Subject to the paragraph above, neither party is liable for indirect or consequential loss, loss of profit, loss of anticipated savings, loss of goodwill or loss of business opportunity, whether arising in contract, tort or otherwise.

The total liability of the firm arising out of or in connection with an engagement is limited to the total fees paid by the client in the twelve months preceding the event that gave rise to the claim. Where the engagement is shorter than twelve months, the limit is the total fees paid under that engagement.

20. Indemnity

The client will indemnify the firm against claims, losses and reasonable costs arising from the client misuse of a device, the client breach of these terms, or a client instruction that infringes the rights of a third party. This indemnity does not apply to the extent that the loss was caused by the negligence of the firm.

The firm will indemnify the client against claims that its own personnel have infringed the intellectual property of a third party in the course of delivering the services. The firm may, at its option, replace or modify the affected material or procure a licence so that the client can continue to use it.

A party seeking indemnity must notify the other promptly, allow the other to control the defence, and provide reasonable cooperation. A party may not settle a claim in a way that admits fault on the part of the other without written consent.

21. Suspension and termination

Either party may terminate an engagement for convenience by giving thirty days written notice. Where the engagement is for a fixed term, termination for convenience before the end of the term may attract the fees for the remaining period, as stated in the service order.

Either party may terminate immediately by written notice where the other commits a material breach that is not remedied within fifteen days of a written request, becomes insolvent, or engages in conduct that creates a serious risk to people or systems.

The firm may suspend a service without notice where suspension is necessary to prevent a serious security incident, to protect the integrity of the bay, or to comply with a lawful order. The firm will tell the client as soon as it is safe to do so and will restore the service as soon as the reason for suspension has passed.

22. Force majeure

Neither party is liable for a delay or failure caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, epidemic disease, war, civil disturbance, failure of a public utility, and a widespread failure of a third party network or cloud service.

A party affected by such an event will notify the other promptly and will take reasonable steps to reduce its impact. If the event continues for more than thirty days, either party may terminate the affected part of the engagement without penalty.

A force majeure event does not excuse the obligation to pay fees for services that were delivered before the event began.

23. Governing law and disputes

These terms and every engagement are governed by the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, although the firm may seek relief in any court of competent jurisdiction to protect its intellectual property or its confidential information.

Before starting proceedings, the parties will attempt in good faith to resolve a dispute through discussion between senior representatives. If the dispute is not resolved within thirty days of a written notice, either party may refer it to mediation or to the courts.

Nothing in this section prevents a party from applying for urgent interim relief where a delay would cause serious harm.

24. General provisions

These terms, together with the service order and the privacy policy, form the entire agreement between the parties on the matters they cover. They replace any earlier discussion or representation on those matters, except where a representation was made fraudulently.

If a provision is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by one that achieves the intended result as closely as the law allows.

A failure to enforce a provision is not a waiver of that provision. No variation of these terms is effective unless it is made in writing and signed by both parties. The parties are independent contractors, and nothing in these terms creates a partnership, agency or employment relationship.

The firm may refer to the existence of an engagement in a general client list only with written permission from the client. The firm will not publish a case study that identifies a client without that permission.

25. Notices

Notices to the firm should be sent to Taint and Technology Services Limited at Rm A 12/F Berford Tower, 68-72 Tai Kok Tsui Rd, Tai Kok Tsui, Hong Kong - 999077, Hong Kong (HK), or by email to service@tainttech.lat. Notices to the client should be sent to the contact address or email named in the service order.

A notice sent by email is treated as received on the next business day after it is sent, provided that no delivery failure message is received. A notice sent by post is treated as received five business days after posting.

For questions about these terms, or to request a copy in another format, write to service@tainttech.lat or call +14306005853 during business hours. The firm will reply in English and will aim to respond within one business day.