Updated as at 1st July 2016
Terms of Service
It is important to you to read our Terms of Service carefully.
Bauhinia reserves the right to change our Terms of Service at any time, at which time a notice will be posted on our blog advising of such changes.
1. Terms of Payment
The charges and any other costs for each of type of services will be as set out in our quotation provided to you.
Invoices are issued at the beginning of the month and are to be paid within five working days. All invoices are charged in Hong Kong dollars unless otherwise stipulated. As an ongoing Client, if the invoice has not been paid within 14 working days, work will cease immediately. Invoices 30+ days overdue may incur a 25% late fee.
Telephone/Skype calls, meetings and reading/responding to emails related to the Client’s business is all part of the working hours each month, as is travel to and from your office or other venues for work related tasks.
Additional expenses of low value, such as international phone calls, postage and purchasing of stationery will be itemised and included in your next month’s invoice. High valued expenses such as international couriers, printing, artwork by printers, shipping are to be paid by the Client via an invoice from the supplier or by credit card/PayPal. All additional expenses are at cost and are approved by the Client prior to purchase.
Hours are to be used the six month period and if not used, will be forfeited.
We accept Direct Deposit into a Hong Kong bank as well as Business and Bank Cheques. However if cheques are returned, the client will be charged the return fee. If outside of Hong Kong we accept PayPal as a method of payment.
2. Privacy and Confidentiality
We take your privacy and confidentiality seriously. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow clients and of ours.
In accordance to the Personal Data (Privacy) Ordinance of Hong Kong, your name and email will be added to our email marketing system, and you will be sent a quarterly email and periodical updates. You have the option to unsubscribe at any time. All other information provided by the Client is used solely for the purpose of completing the work.
Your personal and business information will not be shared with or sold to any third party.
All materials, procedures, policies, and standards, all supplements and the like that have been or will be made available by Bauhinia, Nicole Graham or her designated Team, or any other source, oral or written, are for personal use or in conjunction with company services.
There is no guarantee, expressed or implied, that you will earn any money using the techniques and ideas in these materials and services. Examples in these services are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the efforts and skills of the person applying all or part of the concepts, ideas and strategies contained in our services.
We assume no responsibility for errors or omissions that may appear in any materials.
4. Scope of Services
Our scope of services range from diary and email management, to management of online advertising to updating website content.
We do not offer technical support related to Internet setup, website hosting, syncing mobile phone with computer systems, office or home network systems, business development and cold telemarketing calls. We do not offer print design, complicated design work or logo design. If we cannot recommend someone who can support you, we can certainly research companies that can assist.
If simple design or copywriting work is completed, all artwork or content supplied remains the copyright of Bauhinia until final payment of your account has been made. After which, full copyright is owned by you, the Client.
Any discarded concepts, ideas, designs, content and/or code remain the property of Bauhinia, and must not be used by the Client under any circumstances, unless purchased separately.
The Client grants permission for Bauhinia to use above-mentioned final components for self-promotional purposes. While Bauhinia takes all care to ensure error-free documents and designs, it is the responsibility of the Client to notify Bauhinia of any errors or omissions prior to finalisation.
5. Changes in Package
Bauhinia recognises that there are times throughout the year where your support needs may need to be decreased. To accommodate this we offer our ongoing clients the option to shift to a 5 hour package for no more than 2 months.
If you wish to increase your support hours, you can do so by moving to the next package level. For any changes in your package, we do require seven days’ notice to ensure your Client Manager is updated of the change in hours.
If you wish to pause using our services for a specific period of time, there are no penalties; however Bauhinia cannot guarantee the availability of the same Client Manager or another Client Manager due to our internal capacity. If we are at full capacity, the Client can opt into our waiting list.
The Client acknowledges that in the course of the engagement hereunder the Client will or may have dealings with Bauhinia’s employees and/or contractors over whom the Client may develop a degree of influence. The Client also acknowledges that Bauhinia invests a considerable amount of time, energy and money in training its employees and contractors, and that those employees and contractors, and the general stability of the workforce form an important part of the goodwill of Bauhinia.
The Client agrees that except with the written consent of Bauhinia, the Client shall not (either personally or by his agent) during the continuance of the engagement hereunder or for a period of 12 months thereafter directly or indirectly solicit or entice away or do anything to solicit entice away from Bauhinia any person employed or contracted by Bauhinia in the course of carrying out the provision of the services hereunder.
It is agreed by Bauhinia and the Client that in the event of breach by the Client of the covenants contained in this Clause 6, that as liquidated damages, Bauhinia shall be entitled to recover from the Client, at Bauhinia’s election, either (i) 31,500 HKD, or (ii) its actual damages; and while the restrictions contained herein are considered by the parties to be reasonable in all the circumstances it is agreed that if such restrictions shall be taken together be adjudged to go beyond what is reasonable for the protection of the confidential information and legitimate interests of the relevant party but would be adjudged reasonable if part or parts of the wording thereof were deleted the said restrictions shall apply with such words deleted.
7. Excluding Liability
We will exercise reasonable care and skill in the provision of our services and we do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, and to the fullest extent permitted by applicable laws, we are not liable for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of information and the like, incurred by you arising out of the provision of services hereunder, even if we have been advised of the possibility of such damages.
8. Validity of Quote
Quotations are valid for 30 days from the date of quoting. All quotations are confidential and the Client agrees not to disclose information within the quotation to other parties.
It is agreed that the information Bauhinia is made privy to by the Client is confidential, proprietary and may contain personal information and/or trade secrets. We understand that it will be provided in confidence. Bauhinia including all employees and contractors agree not to disclose this information to any third parties, even after the project completion and/or termination of the relationship with the Client.
It is acknowledged that all members of Bauhinia have signed confidentiality agreements agreeing to the abovementioned.
The Client agrees that any information disclosed about Bauhinia is confidential, proprietary and may contain trade secrets. The Client understands that it will be provided in confidence. The Client agrees not to disclose this information to any third parties even after the project completion and/or termination of the relationship with Bauhinia.
Both parties will be under no obligation of non-disclosure for any information which:
a) At the time of disclosure had been published or was otherwise in the public domain;
b) After disclosure is published or otherwise becomes a part of the public domain through no fault on its behalf; or
c) Is or has been rightfully disclosed to it, by a party that has no obligation to the “owner” directly or indirectly with respect to the extent that such third party disclosure is received without an obligation of confidentiality.
10. Duration, Termination and Suspension
The Agreement continues as long as it takes for us to perform our services ordered by the Client. Without prejudice to the sentence immediately preceding, either you or we may withdraw, terminate our engagement hereunder or suspend our services at any time by a written notice of termination or suspension to the other by giving no less than 30 day’s prior notice.
On termination of the Agreement for any reason, any remaining rights and liabilities of you and us will not be affected, and clauses 2 (privacy), 3 (content), 6 (non-solicitation), 7 (exclusion of liability), 9 (non-disclosure), 10 (termination) and 11 (jurisdiction) shall survive any termination of the Agreement.
11. Governing Law, Jurisdiction, Complaints and Codes
This Contract will be governed by the laws of Hong Kong. Disputes can be submitted to the non-exclusive jurisdiction of the courts of Hong Kong.