This Agreement, its schedules, any documents and any modifications expressly incorporated herein constitute the entire and complete Agreement between the parties and supersede with regard to its subject matter all prior communications between the parties of any nature including any terms and conditions submitted by you, our client.
Fees wherever possible, and subject to what we set out below, Establish Hong Kong Limited, aim to operate a fixed fee policy. We will provide you with an estimate of our fee; agree that fee with you in advance of undertaking any work on your behalf. In certain circumstances we may require payment of all or part of that fee in advance. In addition to the fee charged for our work, we will also require you to reimburse us for any expenses or other third party fees incurred on your behalf. In all cases we will endeavour to ensure that you are advised of all and any such fees and expenses before they are incurred. We reserve the right to request payment of any such third party fees and expenses in advance of their being incurred. In some cases, owing to unforeseen circumstances we may not be able to adhere to the original estimate given to you. We will, wherever possible ensure that you are at all times aware of any increase in our fees. In such cases we will agree a new fee with you.
Our obligation as Establish Hong Kong Limited is to comply with the current legislation in accordance with Hong Kong law.
Your obligations when undertaking work on your behalf it is essential that you adhere to the following:
- That you follow our recommendations. Should we be asked by you to pursue a course of action that we do not endorse, our full fee will be levied irrespective of the outcome of any situation or application made on your behalf.
- That you provide Establish Hong Kong Limited with all facts and/or information relevant to your situation.
- That you provide Establish Hong Kong Limited with all evidence, documentary or otherwise, to support any application. All such evidence must be genuine and correct and provided with the full knowledge and agreement of any other parties involved.
- That you allow any application to reach its full conclusion.
- In the event that you fail to adhere to any one of the above conditions a minimum of 50% of the original quoted fee will be charged. In addition you must reimburse us for all disbursements incurred on your behalf.
- In the event that we take over responsibility for any instruction made on your behalf from a previous representative, our charges will be notified to you in advance.
- In the event that we are to act on your behalf we will require a properly authorised purchase order if a company is to be responsible for our fees or your signature.
- In the event that all or part of our invoice to you both in respect of fees and disbursements remains unpaid all documents prepared by or on your behalf remain the property of Establish Hong Kong Limited until such time as our account has been settled in full together with any interest accruing thereon.
- If our charges are to be met by a third party on your behalf and that third party declines to pay our account for whatever reason, you confirm by your signature that you accept full personal liability for such unpaid charges and that you will pay these charges on demand without deduction.
- We reserve the right to charge interest on all accounts remaining unpaid at the judgment rate as varied from time to time. The company may at its absolute discretion offer a 30-day credit account to regular clients with an establsihed good credit history.
- Normal terms of payment are, 25% upon appointment, an additional 25% upon application, the remaining 50% plus disbursements upon completion of the project, unless otherwise agreed between the parties.
Force Majeure. In the event that we are unable to proceed with your application or your application is delayed for any reason that is outside our control our full fee will be payable as set out above.
Limitation of liability
Establish Hong Kong Limited accept no liability for any loss suffered by you or any third party with whom you are connected for any loss, consequential or otherwise, occasioned by delay to or rejection of any application or submission made on your behalf.
Damages for any liability arising from any negligent act or omission of Establish Hong Kong Limited, its employees or agents shall be limited to the agreed fee.
Any delay or failure on the part of Establish Hong Kong Limited in enforcing any right or remedy under or arising out of this Agreement will not constitute a waiver of such right or remedy. No waiver of any term or condition of this Agreement or of any right or remedy arising in connection therewith shall constitute a continuing waiver.
Paragraph headings are inserted for convenience only and shall not affect the interpretation or construction of this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, its invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
In the event of any conflict between these Main Terms and Conditions, Schedules and Order, these Main Terms and Conditions shall prevail.
This Agreement shall be construed in all respects in accordance with Hong Kong law and the parties agree to submit to the jurisdiction of the Hong Kong Courts. However at any time during the pendency of a dispute either party may request the other to enter into alternative dispute resolution procedures mutually agreeable to the parties.
Any complaints relating to the service provided by Establish Hong Kong Limited or by any of its staff should be submitted in writing to the Managing Director who will fully investigate all complaints and to report their findings in writing to the client.
Notices to be given to Establish Hong Kong Limited shall be sent to the Company at 14/F 677 Nathan Road, Mong Kok, Kowloon, Hong Kong. Notices to you shall be sent to the last address supplied to us by you, or such address as shall be notified by you to us in writing. Such notices shall be delivered by hand or sent by ordinary, recorded or registered mail and shall be deemed to have been given on the day or five working days after posting in the case of notices sent by mail.
© Establish Hong Kong Limited 2013.