Terms and Conditions |
This Terms and Conditions are applicable for all services provided by CMA Secretarial Services Limited (“CMASSL”). Please read it carefully before Client sign our application form. Upon signed our application form Client will be bound by this Terms and Condition
1. Definitions (a) The “Services Provider” includes CMASSL, agents and employees from time to time, and its successors.
(b) The “Client” means the person(s) who have requested the Services and the person(s) authorized by the Client to give instructions to the Services Provider.
(c) The “Company” means the legal entity in respect of which the Services are provided.
2. Services and Charges (a) We accept application from Client for commercial and industry aspect only, Client is requested to provide copy of Business Registration Certificate as a supporting.
(b) In exchange for the provisions of the Services, Client will be responsible for payment of and will pay to Service Provider, as directed by Services Provider, the relevant initial fees, the annual fees in respect of the services as detailed and agreed between Services Provider and Client, and elsewhere, and such other fees and expenses as may be incurred in respect of the Company.
(c) Services Provider reserve the right to charge such fees, claims for reimbursement or other charges as shall be reasonable in respect of any Services provided by Services Provider which Services Provider shall reasonably consider not to be included within the normal charge(s) for the Service(s), provided always that such fees shall be deemed necessary to keep the Company in good standing and in compliance with the regulations on force from time to time and/or shall have authorized by the Client.
(d) Services Provider reserves the right of the final decision to offer any services.
3. Application Form (a) Client shall confirm that the information given is true and correct. Shall there be any misstatement, Services Provider reserves the right to terminate the Application anytime without refund of the fees paid. Client shall be held responsible for any claims, costs, charges or expenses arising out of the misstatement of the above information.
(b) Any written instruction from Client to Services Provider relative to the Application is considered as a part of information for the Application.
(c) In case there is any change of information on the application from, Client should inform Services Provider in written.
4. Mail correspondence and telephone services (a) Mails are only limited to letters and small parcels (the size of parcels do not exceeding 21 x 16 x 9 cm3 and 3 kg).
(b) Client should arrange to collect the mail / parcel to the Company at his earlier convenience. However, if the mail / parcel do not be collected after 3 months from the date which Services Provider inform Client, Services Provider has the right to destroy the mail / parcel without further notice. Services Provider shall not be responsible for any loss or damage arising from any destruction of any mail / parcel under the condition.
(c) Telephone service will be provided at working hours: Mon. – Fri. 9:00 a.m. to 5:45 p.m.; and no service will be provided on Saturday, Sunday & Public Holiday.
(d) For mail collection services, number of mail collection is limited to 100 per month.
(e) For telephone services, our services include mark down message and call transfer only, number of pick up call is limited to 100 per month.
5. Web Service (a) We deliver the website design under template basis. All layout and properties of different nature are not amendable. (b) In each billing year, we provide 4 updates of the website free of charge; the updates are limited to the same properties only, such as changing from photo to photo, text to text and colour to colour. (c) We shall not be held responsible for any contents, websites or hyperlinks provided or contained in the customer’s website.
6. Invoice and Payment Service fees calculated on an annual or other period basis are payable annually in advance on a full calendar year basis, and shall be non-refundable except as hereinafter provided.
7. Prioritisation of Work Services Provider reserve the right to prioritise work such that where client has not settled its fees within 60 days of the invoice date CMASSL will have the right to stop work on the Company without any liability or responsibility for any inconvenience, loss or damage caused thereby.
8. Instructions (a) Client shall give instructions and provide information to Services Provider in such manner as may or shall be required by Services Provider.
(b) In the absence of any agreed authentication and/or verification procedures, Services Provider is expressly authorised to act on verbal instructions, or instructions communicated by mail, e-mail or fax, communicated by or on behalf of Client, or which Services Provider has reasonable grounds to believe were communicated by or on behalf of Client, in any manner whatsoever (whether authenticated or not).
(c) We will communicate with Client according to information on application form. Client shall inform the Services Provider in written if their contact information is changed.
(d) Client shall keep Services Provider informed of all actions, information or management decisions as are necessary to enable Services Provider to fulfill its duties under this Application and such other legal responsibilities as may it may be subject to.
(e) Client shall keep the Services Provider informed of any material items affecting the Company’s financial position in general, and in particular of any liabilities, whether actual or contingent, contractual or otherwise, and of any material changes in the Company’s data, systems and procedures, and any other information necessary to allow the Services Provider to manage the affairs of the Company.
(f) Services Provider may at any time carry out, or refrain from carrying out, any act without reference to Client if Services Provider believes it has legal or other good reason to do so.
9. Limitation of liability (a) The maximum liability of Services Provider relating to services rendered under this application from (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the charges paid to the Services Provider for the portion of its services or work products giving rise to liability. In no event shall Services Provider be liable for consequential, special, incidental or punitive loss, damage or expense (including without limitation, lost profits, opportunity costs, etc.) even if it has been advised of their possible existence.
(b) Services Provider shall further have no liability for any loss, damage or expenses arising from any third party that may be incurred by Client.
10. Indemnity (a) Client shall guarantee, hold harmless and indemnify Services Provider and its officer and employees against all claims (actual or threatened) by any all third-party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising directly or indirectly relating to the performance, purported performance or non-performance, of any services in relation to or pursuant to this Application.
(b) All indemnities shall survive this Application, whether terminated by either Party or otherwise.
11. Amendments (a) Services Provider may increase its fees by giving at least one month’s notice in writing prior to the end of the retainer period for the service.
(b) Services Provider reserves the right to amend or change all the terms and conditions at any time without issuing further notice. In case of disputes for the terms and conditions, the decision of Services Provider shall be final and binding.
12. Termination (a) Upon termination of this Application by whichever Party and for whatever reason, and upon full settlement of all outstanding fees, Services Provider shall return all documents, files and papers relating to the Company to Client.
(b) Client agree that Services Provider may at any time at its sole discretion terminate without giving reason your access to the Site and the provision of the Services and Services Provider shall not be liable for any loss of any kind that you may suffer as a result of such termination.
The English version of the above shall prevail whenever there is a discrepancy between English and Chinese versions.
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