Terms of Service
Bauhinia Solutions Limited (owner of sub-brand, Start Smart Website) operates the this website. This is the Terms of Service for Bauhinia Solutions Limited, and this website.
1. Terms of Payment
The charges and any other associated costs will be as set out in our quotation provided to you.
Invoices are to be paid within five working days. All invoices are charged in Hong Kong dollars unless otherwise stipulated.
Additional expenses 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.
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 TransferWise 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 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.
There is no guarantee, expressed or implied, that you will appear on page one of search engines.
We assume no responsibility for errors or omissions that may appear in any materials.
4. Scope of Services
Reading/responding to emails, telephone/Skype calls, and face-to-face meetings related to your business is all part of your package.
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. We can recommend someone who can support you with these types of requests.
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. Change Requests
Once your design or website is complete and approved, if you wish to change anything, time will be tracked in 15 minute increments and an hourly fee of $600.00 HKD is applied. The total hours and total fee will be invoiced as a change request.
The Client acknowledges that in the course of the engagement hereunder the Client will or may have dealings with Bauhinia’s employees 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 that those employees, 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) 94,500 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:
i) At the time of disclosure had been published or was otherwise in the public domain;
ii) After disclosure is published or otherwise becomes a part of the public domain through no fault on its behalf; or
iii) 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
Both parties agree that this Agreement is subject to the laws and the jurisdiction of the Hong Kong S.A.R. The parties also agree to consult in good faith to amicably resolve any disputes that might arise. Should that process be unsuccessful, the parties further agree to resolve the dispute(s) by mediation at Hong Kong Mediation and Arbitration Centre in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by the courts of Hong Kong Special Administrative Region. The language to be used in the mediation and court proceedings shall be English.
12. Changes to this Terms of Service
We may update our Terms of Service from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Service on this page. These changes are effective immediately, after they are posted on this page.