Terms of Service

1. Agreement to These Terms

These Terms of Service govern your access to the website published at brightflame.lol and the engineering and integration services provided by BRIGHTFLAME RESOURCES PTE. LTD. By browsing this website, submitting an enquiry, or engaging our services, you agree to be bound by these terms. If you do not accept them, please do not use the website or engage our services. Where a signed contract exists between you and the Company, that contract governs the engagement and these terms apply only to the extent they are not inconsistent with it.

We may update these terms from time to time. The version displayed here is the current version, and the effective date appears at the top of the page. Material changes will be reflected by a new effective date. Your continued use of the website after an update indicates acceptance of the revised terms.

2. Definitions

In these terms, the following words have the meanings given below unless the context requires otherwise.

• Company means BRIGHTFLAME RESOURCES PTE. LTD., a company registered in Singapore with its office at 25 SEAH STREET, #02-01, Singapore - 188381, Singapore (SG).
• Client means the person or organisation that engages the Company or uses this website.
• Services means the engineering, integration, testing, commissioning, migration and support work offered by the Company.
• Deliverables means the drawings, documents, software, reports and other materials produced for a Client under an engagement.
• Agreement means the combination of these terms and any signed contract or accepted quotation governing an engagement.
• Site means any premises at which the Services are performed.

Headings are for convenience only and do not affect interpretation. The singular includes the plural and the plural includes the singular where the context permits.

3. Eligibility and Authority

This website and the Services are intended for businesses and professionals. By engaging the Company, you confirm that you have the legal authority to enter into the Agreement on behalf of the organisation you represent, and that the information you provide is accurate and complete. If you are an individual acting on your own behalf, you confirm that you are of legal age to form a binding contract in your jurisdiction.

You agree to keep your contact details current so that we can reach you about the engagement. Where an engagement requires access to a controlled site, you are responsible for ensuring that our personnel are granted lawful access and that any required passes, inductions or clearances are arranged in time.

4. Scope of Services

The Company provides computer integrated systems design and related engineering services. These include control panel and loop design, SCADA and HMI integration, factory acceptance testing, system commissioning and handover, legacy system migration, and support and calibration contracts. Each engagement is defined by a written scope that states the deliverables, the assumptions, the exclusions, the programme and the acceptance criteria.

Work outside the agreed scope, including additional loops, extended site attendance, duplicate documentation or repeated testing caused by third party delays, is treated as a variation and is charged separately unless the Agreement says otherwise. The Company performs the Services with reasonable skill and care and in line with the standards of the profession at the time the work is carried out.

Where the Company supplies software or configuration, it does so for the purpose described in the scope. The Client is responsible for the operating environment and for ensuring that any third party platform remains supported and licensed for the intended use.

5. Quotations and Proposals

Quotations are prepared on the basis of the information available at the time and remain valid for the period stated in the quotation, or for thirty days if no period is stated. A quotation does not become a binding contract until it is accepted in writing by the Client and confirmed by the Company. The Company may withdraw or revise a quotation if the underlying assumptions change materially before acceptance.

Estimates of effort or duration are made in good faith but are not guarantees unless expressly labelled as fixed. Where the Company provides a firm fixed price, it does so on the basis of the stated scope and assumptions; a change to either may trigger a variation.

6. Client Obligations

The Client agrees to provide, in a timely manner, all information, decisions, approvals and access that the Company reasonably requires to perform the Services. This includes process data, existing drawings, site access, utilities, and a nominated representative with authority to make decisions. Delays caused by the Client may extend the programme and may increase cost.

• Provide accurate and complete information about the process, the site and any known hazards.
• Ensure that the Site is safe and that applicable health, safety and environmental rules are communicated to our personnel.
• Obtain any permits, approvals or third party consents required for the work, except where the scope states that the Company will do so.
• Nominate a representative who can review and sign off on design documents, test results and handover records without undue delay.
• Back up its own data and systems before any intervention that may affect them, unless the scope expressly covers backup as part of the work.

Where the Client fails to meet these obligations, the Company may suspend work and is not liable for resulting delay, provided that it gives reasonable notice and an opportunity to remedy.

7. Fees, Invoicing and Payment

Fees are set out in the accepted quotation or contract. Unless stated otherwise, invoices are issued on the milestones described in the Agreement, and payment is due within thirty days of the invoice date. Amounts are exclusive of any applicable taxes, duties or withholdings, which are added or deducted as the law requires.

Where payment is overdue, the Company may charge interest on the outstanding amount at a reasonable commercial rate, suspend the Services, and recover reasonable costs of collection. The Client may not withhold payment of an undisputed amount because of a separate dispute. Payments made are non-refundable except where these terms or the Agreement expressly provide otherwise.

Travel, accommodation, freight, calibration references and third party licence costs are charged at cost unless the quotation states a fixed allowance.

8. Changes and Variations

Either party may request a change to the scope. A change takes effect only when it is documented and accepted in writing by both parties. The Company will set out the effect of a proposed change on price, programme and resources before work begins, so that decisions are informed. The Company is not obliged to proceed with a change until the variation is agreed.

If a change is required urgently to protect safety or to avoid significant loss, the Company may act immediately and document the variation afterwards. In that case the Client remains responsible for the reasonable cost of the urgent work.

9. Scheduling and Site Access

Programmes are prepared on the basis of the information available and of the access windows advised by the Client. Site work frequently depends on plant shutdowns, permit systems and the readiness of other trades. The Client agrees to provide the access described in the Agreement and to notify the Company promptly of any change that affects the programme.

If the Site is not ready, or if permits are not available when required, the Company may redeploy its team and charge for the lost time. Where the Company must work extended hours to recover a delay caused by others, the additional cost is treated as a variation unless the Agreement provides otherwise.

10. Testing and Acceptance

Deliverables are tested against the acceptance criteria stated in the scope. Factory acceptance testing is normally witnessed by the Client, and the signed test report records the results. Where the Client declines to witness a test after reasonable notice, the Company may proceed and the test result stands as recorded.

On completion of commissioning, the Company issues a handover package and a punch list of outstanding items. The Client is expected to review and accept a deliverable within the period stated in the Agreement. If the Client does not respond within that period, the deliverable is deemed accepted to the extent it meets the stated criteria. Acceptance does not waive any warranty right in respect of a latent defect.

11. Intellectual Property

The Company retains ownership of its pre-existing know-how, standards, templates and tools, including its drawing standards and internal design methods. On full payment, the Client receives a licence to use the Deliverables for the operation, maintenance and modification of the plant or system for which they were produced. The licence does not permit resale of the Deliverables as a standalone product or their use in a competing engineering offering.

Third party software and hardware supplied under an engagement remain subject to the licence terms of their owners. The Client agrees to comply with those terms, including any restrictions on copying, reverse engineering or transfer. Where a deliverable incorporates Client materials, the Client grants the Company a licence to use those materials solely for the purpose of the engagement.

The website design, text and graphics are owned by the Company or used with permission and may not be reproduced without written consent, except for normal browsing and reference.

12. Confidentiality

Each party agrees to keep confidential the non-public information of the other that it receives in connection with the Agreement. This includes process data, drawings, commercial terms and project records. Confidential information may be used only for the purpose of the engagement and may be disclosed only to personnel or advisers who need it and who are bound by confidentiality obligations.

These obligations do not apply to information that is in the public domain through no fault of the receiving party, that was already lawfully known, that is independently developed, or that must be disclosed by law. Where disclosure is required by law, the party subject to the requirement will give prompt notice where lawful and will limit the disclosure to what is necessary. Confidentiality obligations survive the end of the Agreement for a period consistent with the sensitivity of the information.

13. Warranties and Disclaimers

The Company warrants that the Services will be performed with reasonable skill and care by competent personnel and that the Deliverables will materially conform to the agreed scope for a period of twelve months from handover, unless the Agreement states a different period. Where a deliverable does not conform, the Company will, at its option, repair, replace or re-perform the affected work. This warranty does not cover defects caused by misuse, unauthorised modification, third party intervention, normal wear or operation outside the design envelope.

Except as expressly stated, the website and the Services are provided without further warranties, whether express or implied, including any implied warranty of merchantability or fitness for a particular purpose, to the fullest extent permitted by law. The Client is responsible for deciding whether a deliverable is suitable for its specific operational, safety and regulatory context, and for obtaining any independent verification required by law or by its own governance.

14. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of production, loss of data or business interruption, however caused and whether or not the possibility of such loss was known. The total liability of the Company under or in connection with an engagement is limited to the total fees paid by the Client for the Services giving rise to the claim.

Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence where such limitation is prohibited. The parties agree that the limitations in this section reflect a reasonable allocation of risk given the fees charged and the ability of the Client to obtain separate insurance.

15. Indemnity

The Client agrees to indemnify and hold harmless the Company and its personnel against claims, losses and reasonable costs arising from the Client materials and instructions, from a breach of the Client obligations in the Agreement, or from the operation of a plant or system after handover, except to the extent the claim is caused by the negligence or wilful misconduct of the Company.

The Company agrees to indemnify the Client against claims that the Deliverables, as supplied and used within the scope, infringe the intellectual property rights of a third party in Singapore, provided that the Client promptly notifies the Company and allows the Company to control the defence. This indemnity does not apply to modifications made by the Client or to use of the Deliverables outside the agreed scope.

16. Suspension and Termination

The Company may suspend the Services if the Client fails to pay an undisputed invoice, fails to provide required access or information, or acts in a way that creates a safety risk, after giving reasonable notice and an opportunity to remedy. Suspension does not relieve the Client of its payment obligations for work already performed.

Either party may terminate the Agreement for material breach that remains unremedied after written notice, or immediately if the other party becomes insolvent or ceases to carry on business. If the Client terminates for convenience, the Client remains liable for work performed and for non-cancellable commitments made in good faith. On termination, the Company will provide the Deliverables for which payment has been received and will return or destroy confidential material as required.

17. Force Majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil disturbance, industrial action, failure of utilities or telecommunications, or a change in law that makes performance impracticable. The affected party will notify the other promptly and will use reasonable efforts to mitigate the effect. If the event continues for a prolonged period, either party may terminate the affected part of the Agreement, and the Client will pay for work performed up to that point.

18. Acceptable Use of This Website

You agree to use this website lawfully and responsibly. You must not attempt to gain unauthorised access to any part of the site or its underlying systems, interfere with its operation, introduce malicious code, scrape content for a competing service, or use the contact form to send unsolicited advertising or misleading material.

The Company may restrict or block access where it reasonably believes these terms are being breached or where security requires it. Content on this website is provided for general information and does not constitute engineering advice for a specific plant; professional advice for a particular project is available only through a written engagement.

19. Third Party Materials and Platforms

This website may link to or reference third party content. The Company does not control that content and is not responsible for its accuracy or availability. A link does not imply endorsement. Where an engagement involves a third party platform, the Client is responsible for maintaining the applicable licences and for complying with the terms of that platform.

Where the Company provides open source components as part of a deliverable, those components remain governed by their own licences. The Company will identify the relevant licences in the documentation where required.

20. Governing Law and Disputes

These terms and any engagement are governed by the laws of Singapore. The parties submit to the exclusive jurisdiction of the courts of Singapore, unless the Agreement specifies a different dispute resolution process such as mediation or arbitration.

Before commencing proceedings, the parties agree to attempt in good faith to resolve a dispute through senior representatives, and if that fails, through mediation where both parties are willing. Nothing in this section prevents either party from seeking urgent injunctive relief to protect its rights.

21. General Provisions

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by a valid one that best reflects the original intent. A failure to enforce a right on one occasion is not a waiver of that right on another. Neither party may assign the Agreement without the written consent of the other, except to an affiliate or in connection with a reorganisation.

These terms, together with any signed contract or accepted quotation, constitute the entire agreement between the parties on its subject matter and supersede prior discussions. Any ambiguity is not to be construed against the party that drafted the document. Notices must be in writing and sent to the addresses stated in the Agreement. Any translation of these terms is provided for convenience only, and the English version prevails.

Nothing in the Agreement creates a partnership, joint venture or employment relationship between the parties. Each party remains responsible for its own taxes, insurance and personnel.

22. Contact Information

For questions about these terms, about a quotation, or about an existing engagement, please contact our drawing office using the details below. We aim to respond to written enquiries within two business days.

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