BUSINESS TERMS AND CONDITIONS

Last Updated: 01 May 2024
We reserve the right to change the terms of this Business Terms and Conditions at any time at our sole discretion, by posting the changes on this page. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES FOLLOWING OUR POSTING OF A CHANGE OF NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THOSE CHANGES.

Table Of Contents
  1. BUSINESS TERMS AND CONDITIONS

1. Definitions

  1. “TGHK” refers to TILGAARD HONG KONG LIMITED (registered address RM 909B, 9/F., TWO GRAND TOWER, 625 NATHAN ROAD, KLN, HONG KONG, CHINA. Company Reg. No.: 1282121).
  2. “Services” are Translation, Editing, Proofreading, Copywriting, Search Engine Optimization SEO, Facebook Advertising, Google Ads, Pay-Per-Click Campaigns, PPC Ads, Ad Management, Analytics Reports, Monthly Maintenance, Domain and Hosting, Web Design, WordPress, WooCommerce, E-commerce, Landing Page, Graphic Services including Logo, Brochures, Business Cards, Banners, Posters, Digital Presentation, ebooks, eBrochures, Booklet, Folder, QR Code, Audio, Print, Delivery, Video Production & Shooting, Photography, Social Media, Social Media Icons, Content Marketing, Target Marketing and any other Strategy Formulation, Graphics and any Marketing and Sales Services or any other services that are provided by TGHK.
  3. “Client” is the “person”/”organization”/”Company”/”agency” buying any packages, plans referred in this document as “Services” from TGHK, or any of the direct / redirect / indirect links to this page, URL’s, or Domains will be referred in this document as “Client”, “you”, “your” and Tilgaard Hong Kong Limited as the “TGHK”, “we”, “us” “our”.

2. Quotations, Prices, & Provision of Services:

  1. Quotations: A quote by TGHK is not a binding offer and should be treated as an estimate. Only offers are considered legally binding.
  2. Price of Services: The price of services provided by TGHK can be either as indicated on the invoices provided to the Client or as per TGHK’s quoted price, which becomes binding if the quote is accepted in writing by the Client within 30 days.
  3. Revisions and Proofreading: Unless otherwise stated, each quote or Order will include two rounds of revision and one round of proofreading. Additional rounds will incur additional fees.
  4. Additional Costs: The quoted prices are exclusive of certain costs, such as VAT, liaison with third parties, travel expenses, etc., which will be added to the price of the services.
  5. Changes to the Original Brief: Any changes to the original scope of work requested by the Client will be treated as a variation and will incur additional fees.
  6. Cancellation: The Client can cancel an order by giving written notice to TGHK. Depending on the circumstances, cancellation may incur costs to cover work already completed.
  7. Liquidated Debt: TGHK is entitled to recover all costs, losses, and expenses incurred due to the Client’s actions or omissions.
  8. Subcontracting: TGHK may sub-contract the performance of the services either in whole or in part.
  9. Urgent Orders: For urgent orders, TGHK may charge a rush loading fee of 25% of the order price.
  10. Samples and Particulars: Samples provided by TGHK are indicative, and the Client must supply the necessary particulars for TGHK to provide the services.
  11. Text Redrafting and Artwork Redrawing: If text or artwork supplied by the Client is not suitable, TGHK may redraft or redraw it, and the Client will be charged accordingly.
  12. Alterations to Requests: TGHK may make alterations to the Client’s requests if necessary to achieve the desired result, and the cost of such alterations may be added to the price.
  13. Completion Time: TGHK is bound to complete the services within reasonable industry turnaround times, typically 30 days unless otherwise agreed.
  14. Defect Rate: The Client accepts a typographical defect rate of up to 2% as the copywriting industry norm.
  15. Extensions: TGHK may extend the time for completion of works due to factors outside its control.
  16. Review and Approval: The Client must review provided works within 10 business days and advise TGHK of any changes required. Failure to request changes will be considered acceptance, and additional work after closure will be charged at an hourly rate.
  17. Virus and Defect Liability: The Client warrants that electronic files or devices provided to TGHK are free from viruses or defects and accepts liability for any loss or damage caused by such files or devices.

3. General Payment Terms:

  1. All prices quoted in $ USD are exclusive of any tax unless specified.
  2. Unless stated in our quotation or invoice, the Client agrees to pay TGHK full cost upfront for all / any Services.
  3. When buying our Services online, the Client is required to pay the full amount upfront through our secure PayPal, Stripe gateway, or Bank Transfer Payment. We accept email transfers in the case where the Client is not comfortable buying through Paypal or Stripe. Payment can be made in the form of online Credit Card Payments, Bank Draft, Money order, Cheques, Bank transfers, and email transfers.
  4. Unless otherwise specified, payments shall be made by the Client within the agreed payment terms following from the date of invoice. One-off requests, first-time clients, and private individuals requiring Services will normally be asked to make payment before services are rendered.
  5. All invoices are to be processed as per the schedule via your preferred method of payment.
  6. Milestone payments must be made within 5 working days of each milestone/schedule unless mutually agreed otherwise. TGHK reserves the right to hold the services if payment is not made within five (5) days after the due date. If a payment delay is anticipated, please contact TGHK to discuss potential problems in advance.
  7. Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project, and terms & conditions.
  8. TGHK reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer toward the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is canceled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
  9. For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
  10. Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month, from the due date.
  11. Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
  12. Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
  13. Debt Collection: The Client is provided a further 7 days after the late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount being referred to a debt collector. TGHK will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
  14. TGHK reserves the right to charge a fixed late payment fee calculated at 10% of the value of the invoice(s), after the due date of the invoice(s) has been reached. The revised invoice total will be subject to a further interest charge of 1,5% above Standard Chartered Bank (Hong Kong) Limited base rate. If the full amount of the invoice, including the late payment fee and interest, has not reached our account thirty (30) calendar days after the invoice due date the debt will be passed to Dansk Inkasso (www.inkasso.com) to recover the full amount due on its behalf. Please note that Dansk Inkasso (www.inkasso.com) will issue their own charge to the Client for this service.
  15. If you are late with a payment or have any queries regarding the Invoice, please contact the Account Manager immediately upon receiving the invoice or reminder emails.
  16. All communications/correspondences are generally done via email. It is the client’s responsibility to keep us updated with their relevant email addresses.
  17. Any payment relating to the domain name registration renewal or hosting or any 3rd party products or services purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
  18. TGHK generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred off to the nominated 3rd party server upon full payment of all invoices and dues.

4. Content Submission, Special Terms of Service for Authors/Companies:

  1. You declare that you are the sole owner and author of the article, as well as the sole owner of all copyrights to it.
  2. You grant us permission to collaborate with you on SEO Editing, Translation, SEO Optimization, Link-Building, Link-Sharing, Social Media Content, and other services in our Content Submission Service Packages for your articles.
  3. You grant us unconditional permission to publish your article on the website, and if featured, it may be distributed to our Media Partners’ websites, Newsletters, Social Media posts, and email notification lists.
  4. You give us the right to republish them on other websites, social media, and in print publications. We ask that publishers follow our Publishing Service Terms section 5, but it is your responsibility to enforce these terms and take legal action against those who violate your copyright, if necessary. If you do not agree with these terms, please do not submit your articles.
  5. The guowaimai.com Editorial Team makes the final decision on whether to publish. There is no guarantee that your submission will be accepted. The emphasis is on the content’s quality and relevance. The team reserves the right to remove your article or terminate your membership at any time and for any reason.
  6. The guowaimai.com Editorial Team reserves the right to reclassify your article in a topic category that is more appropriate than the one originally submitted..
  7. guowaimai.com is advertiser supported. We reserve the right to publish ads on the same pages as your articles.
  8. If your article does not conform to the guowaimai.com editorial guidelines, our editors may edit your article so that it does conform to the editorial guidelines. Please read our editorial guidelines before submitting your articles to save time and speed up the article approval process.
  9. You declare that the affiliate links in your articles are from the top level of a domain name that you own.
  10. You agree not to buy or use PPC (PayPerClick), PPV (PayPerView), safelists, or traffic exchanges to artificially inflate your guowaimai.com traffic stats. This may result in the termination of your account.
  11. GENERAL ISSUES
    • guowaimai.com reserves the right to modify these Terms & Conditions at any time without prior notice.
  12. DISCLAIMER
    • Liability: Neither guowaimai.com nor its parent company warrants nor assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or product represented on this site.
    • No Implied Endorsement: guowaimai.com does not endorse or recommend anything. The views expressed by the authors who have submitted articles to this site are solely their own and do not necessarily reflect the views of guowaimai.com, its management team, or its owners. Furthermore, guowaimai.com does not endorse any product or service found through any advertisement on this site.
    • No Warranty: When using guowaimai.com site, you may encounter many links to third-party websites, apps, emails, and other digital media. guowaimai.com is not liable for the content or availability of these third-party websites. guowaimai.com makes no warranties or guarantees about the products, services, or information found on third-party websites.
    • The articles on guowaimai.com do not offer medical, legal, or professional advice, nor do they recommend any treatment or strategy that should be tried without seeking professional advice. This website’s content is solely for business purposes. You are solely responsible for your own actions if you use any of the information on this site.

Attention Publishers, Digital Marketers, Media Partners & Webmasters;

  1. Our Re-publication Policies:
    • If you wish to republish any submitted article from our website in your website, blog, forum, RSS feed, Social Media, or print publication, you must:
    • Respect the copyrights of the authors/submitters/companies by publishing the entire content as it is with no changes.
    • Agree to include the Resource Box at the end of the content.
    • Agree not to change the title or content of the article.
    • Agree to make all links so that they are Active/Linkable with no syntax changes.
    • Agree to include the article source credit below each article reprinted with the link active:
    • Article Source: guowaimai.com
    • Agree to not use any of the content on this site for any illegal or harmful activities, including but not limited to the distribution of pirated material, hate speech or obscenity, child pornography, or any form of animal or human exploitation.
    • Agree not to republish any article from this site via unsolicited email, spam, or pop-up ads.
    • Agree not to sell any articles from the guowaimai.com directory.
    • Agree to never charge others to view any article from our directory that you republish.
    • Agree not to use any of our site’s content in any audio or video derivatives.
    • Agree to never translate any content from our website into any language. You may not create derivative works from any of our content.
    • Agree not to include any active links in any article that you republish from our website
    • Agree not to republish any author photo or image from our site.
  2. Your use of guowaimai.com, our newsletter, our website, or our social media is entirely at your own risk.
  3. While guowaimai.com does not generally own the copyright to the articles found on our site, we do have permission to publish them.
  4. No additional permission is required from the author of any article in our directory as long as you agree to all of the terms listed above in sections 1. 1) thru 1. 13).
  5. It is common courtesy to notify an author when you republish their article, but we do not provide any author’s email address beyond what they may include in an article (please find it from backlinks to their website.)
  6. If you violate any of the above terms of service and/or any author copyright when reprinting articles from our site, you agree to be held liable for all attorney fees and statutory damages awarded upon a copyright infringement lawsuit that may be brought against you.
  7. Hong Kong’s copyright law is largely based on the English model. The Basic Law of Hong Kong, the city-constitutional state’s document, guarantees a high degree of autonomy and the continuation of previously in-force laws following its reunification with Mainland China. As a result, Hong Kong maintains a distinct intellectual property regime from the rest of China. Articles 139 and 140 of the Basic Law specifically address the protection of copyright in Hong Kong. https://www.basiclaw.gov.hk/en/basiclaw/chapter6.html
  8. You agree that any legal proceedings against you will occur in Hong Kong, China.
    • You acknowledge that guowaimai.com has the sole right to revoke these re-publication rights at any given time for any reason provided you’re given 48 hours written notice via email or via fax or via telephone or postal mail. If you’re unreachable, you also agree that we may contact your web hosting provider to reach you and serve this notice. Upon receiving notice from us, you will have 24 hours to immediately remove every article you received from guowaimai.com and must provide us with a written reply indicating that you have complied with our request in order to mitigate further action against you and your business to enforce this covenant.
    • You agree not to use article crawlers, rogue bots, site scrapers, or any other automated script/software or method to mine the article content on guowaimai.com. You agree that we may restrict your access to our website and/or membership.
  9. GENERAL ISSUES:
    • guowaimai.com reserves the right to modify these Terms & Conditions at any time without prior warning.
  10. DISCLAIMER:
    • Liability: Neither guowaimai.com nor its parent company warrants or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or product represented on this site.
    • No Implied Endorsement: guowaimai.com does not endorse or recommend anything. The views expressed by the authors who have submitted articles to this site are solely their own and do not necessarily reflect the views of guowaimai.com, its management team, or its owners. Furthermore, guowaimai.com does not endorse any product or service found through any advertisement on this site.
    • No Warranty: When using this site, you may encounter many links to third-party Internet sites. guowaimai.com is not responsible for the content or availability of these third-party websites. guowaimai.com does not warrant or guarantee the products, services, or information found on third-party sites.
    • The articles on guowaimai.com do not offer medical, legal, or professional advice, nor do they recommend any treatment or strategy that should be tried without seeking professional advice. This website’s content is solely for business purposes. You are solely responsible for your own actions if you use any of the information on this site.

6. Service Terms: Translation, Editing & Copywriting:

  1. Text & Files: Text and any other file supplied by the Client shall be provided in popular readable electronic format (i.e. Microsoft Word / .jpg / .gif / .png / .pdf). Submission can be made as an email attachment; or an external USB drive.
  2. Translation
    • TGHK normally quotes translation fees per one word/character of the source text. If the calculation of the source word count is not possible, TGHK will quote fees per one word of the target text or a rate per unit/page.
    • Translations provided by TGHK are subject to a minimum charge if the source text contains 250 words or less.
    • If the Client requires a document to be sworn before a Solicitor or a Notary, TGHK will provide a quotation for the fees for such services upon request.
  3. Editing and Proofreading
    • TGHK normally quotes Editing or Proofreading fees per one word/character of the source text. If the calculation of the source word count is not possible, TGHK will quote fees per one word of the target text or a rate per unit/page.
    • Editing text provided by TGHK is subject to a minimum charge if the text contains 250 words or less.
  4. Copywriting
    • TGHK normally quotes copywriting at a rate per unit or page.
    • Copywriting provided by TGHK is subject to a minimum charge if the text contains 10 words or less.
  5. Cancellation
    • The Client may cancel a translation, editing, or copywriting assignment in writing before the translator starts the job at no charge. If translation or related work such as file engineering has been initiated by TGHK, fees will be paid in full unless prior agreement between TGHK and the Client states otherwise. Where payments for Certified Translations have been made in advance, an admin fee of $50.00 + VAT will be applied upon refund even where the translation has not been initiated. This is to cover administrative costs and project management.
    • If the Client cancels a translation assignment after the translator, editor, or copywriter begins the job, TGHK will charge the Client for the number of words translated up to that time (at the agreed rate) plus any file engineering, administrative, and/or project management costs at a rate of $75.00 + VAT per hour. If more than 50% of the assignment has been completed, TGHK reserves the right to charge the service quotation value in full.
  6. Regardless of any other provision in the agreement, in consideration of the Client entering into this agreement with TGHK, and upon full payment of any outstanding invoices, TGHK will grant the Client an unconditional license to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the texts, 2) graphics and 3) images used in the published website and associated of form and functionality. This will not include any intellectual property related to the website’s creation, such as digital strategies, programming codes, database structures, scripts, forms, or functionalities.
  7. Email is generally used for all communications/correspondence. It is the Client’s responsibility to keep us up to date on any changes to their email addresses. TGHK’s official email: sales@guowaimai.com

7. Service Terms: Digital Marketing/Strategy and SEO:

  1. Workflow: Unless stated in our quotation or invoice, the Client agrees to pay TGHK full cost upfront for all / any Services. Upon receiving the full payment, and making sure that TGHK has complete access and content from the Client, our designing and development process will commence.
  2. Text & Files: Text and any other file supplied by the Client shall be provided in popular readable electronic format (i.e. Microsoft Word / .jpg / .gif / .png / .pdf). Submission can be made as an email attachment or an external USB drive.
  3. Graphics & Audio, Video Media: It is anticipated that TGHK will create, capture or receive from the Client all graphics, audio, and video media elements necessary to complete the Client’s Services. This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and 3rd party stock photography, audio, and video.
  4. All digital marketing/strategy packages are designed and planned for our Clients’ flexible planning valid for 6 – 12 – 24 months. TGHK employs a fair use policy, which means TGHK caters to the diverse needs of clients from time to time, and TGHK allows flexibility in good faith.
  5. Client Amends for Services: TGHK prides itself on providing excellent customer service and encourages input from the Client during the working process. TGHK understands, however, that the Client may request significant changes to Services that have already been rendered to the Client’s specification. To that end, please note that our agreement does not include a provision for significant design, development, or production in excess of our agreement. Some examples of significant Service modification at the request of the Client include:
    • 5a. Replacing more than 50% of the text, and image content to any given page, and graphics at the Client’s request.
    • 5b. Recreating or significantly modifying the company logo, and graphics, resetting new accounts for Google tools such as Google Analytics, Google Ads, Google Console, Google Maps, and Google Places at the Client’s request.
    • 5c. Designing, producing, and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, or vision change to accommodate a substantial change at the Client’s request.
    • 5d. Creating a new navigational structure or changing the design or links in graphics at the Client’s request.
    • 5e. Significantly reconfiguring the Client’s PPC AD account, Campaigns, Advertisements, Graphic Designs, or Web Links.
    • 5f. For Monthly Technical Maintenance: Any content upload, update such as uploading and replacing text, or images to any given page at the Client’s request or significantly reconfiguring the Client’s shopping cart with new product upload, shipping, or discount calculations if an e-commerce enabled site has been selected by the Client.
    • 5g. Any additional content update on the website other than the one already included in our Virtual Assistance Plan.
  6. If significant development is requested by the Client in excess of our agreement, charge(s) will be invoiced accordingly.
  7. Any extra Services used may be billed separately. Any urgent tasks will be charged separately.
  8. TGHK makes no guarantee that TGHK SEO services will result in the client’s website ranking in the top ten search results. TGHK works in the best interests of its clients and makes every effort to provide genuinely profitable results. TGHK’s goal is to increase the profitability of the Client’s business. Under the following conditions, TGHK will not be liable for refunds or guarantees of top search ranking:
    • 8a. In the event that a change in a search engine’s ranking algorithm, policies, or functionality has an impact on SEO ranking.
    • 8b. Link building, which is part of SEO, is done based on the information you provide. If you provide incorrect URLs, we will not be responsible for any subsequent errors, and there will be no refunds or money-back guarantees.
    • 8c. If the client uses any other third-party SEO services, TGHK will not be held liable for the SEO results.
    • 8d. Because the number of times and rank of a website that appears on the search list vary, an immediate change in search ranking cannot be guaranteed.
    • 8f. Any negative impact on ranking as a result of changes in website content made by the client or a third-party service provider hired by them.
  9. Regardless of any other provision in the agreement, in consideration of the Client entering into this agreement with TGHK, and upon full payment of any outstanding invoices, TGHK will grant the Client an unconditional license to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the texts, 2) graphics and 3) images used in the published website and associated of form and functionality. This will not include any intellectual property related to the website’s creation, such as digital strategies, programming codes, database structures, scripts, forms, or functionalities.
  10. Email is generally used for all communications/correspondence. It is the Client’s responsibility to keep us up to date on any changes to their email addresses. TGHK’s official email: sales@guowaimai.com

8. Service Terms: Website Building, Design and Development:

  1. All estimates/quotes are based on TGHK’s understanding of the Client’s needs and are provided within the specified time limit. Any changes to the functionality, including minor enhancements, may result in increased fees.
  2. Clients agree to and accept TGHK’s terms and conditions by accepting a quote. Acceptance can be expressed verbally, by email, through payment of the Initiation fee, or by signing a quotation.
  3. Clients should double-check that all of their requirements have been included in the quotes/proposals/estimates and that TGHK fully comprehends their needs. Clients must supply us with clear instructions, as well as the flow and any additional information they may require. TGHK will proceed with TGHK’s knowledge of the needs and quote accordingly if such information is not supplied. If a disagreement occurs later, it may result in additional charges to accommodate the modifications. As a result, it’s critical that the Client specifies every detail of the Client’s website development and double-check that Client has been quoted on the correct specifications.
  4. Any complexity associated with individual jobs must be disclosed in advance and accounted for in the proposal’s costs. TGHK works in good faith and relies on its clients to provide all relevant information at the time of quotation. TGHK will not be responsible for any discrepancies that arise as a result of unclear criteria.
  5. Project Management and Digital Strategist/Business Analyst both have a restricted number of man-hours allocated to them. Within the allowed hours, minor adjustments may be made. On a case-by-case basis, this will be evaluated.
  6. TGHK will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined.
  7. Any changes requested during development or after the Go-Live approval will result in additional charges. All additional work that goes above and beyond the estimates is charged separately. TGHK will not be held liable for any delays caused by a change in the project brief.
  8. Any delays at the client’s end may cause the project to be delayed and timelines to be missed, as well as incur additional expenditures.
  9. Any bugs (programming errors) discovered during or shortly after development are not subject to additional charges.
  10. Any rework on a previously completed task will incur additional charges. Any changes made to the design after it has been approved will result in additional charges.
  11. The website/application content and all related materials must be delivered to us within the first two weeks of the project’s start date. Any subsequent delays may cause the project to be delayed and may result in additional charges if they exceed a reasonable timeframe.
  12. TGHK websites/applications are generally tested on PCs and included in recent versions of the following browsers: IE, Edge, Firefox, Chrome & Safari. If the Client requires testing to be done on any other browser, please let us know in advance.
  13. Responsive/multi-device compatible web pages are tested on iPhones and iPads. If the Client requires testing to be done on any other device, please discuss it in advance.
  14. If the Client’s website/application is not hosted on a TGHK server, any additional man-hours that may be required due to any server or network-related issues are not covered in TGHK’s quotes and may be charged separately.
  15. Please keep in mind that stalling the project for more than two calendar months at any point during the project will result in $99/week in administration costs. Furthermore, it is possible that the previously approved estimates will be increased. If the Client requires that the project be put on hold, please notify us in writing ahead of time. TGHK will need the account to be up to date based on the work done in order to put the project on hold without incurring additional charges. If such a situation arises, more details can be discussed.
  16. TGHK software codes (excluding open-source software) are owned by TGHK. Once all previous invoices have been settled, the codes can be handed over at an additional cost for use, on the condition that the codes are only used or modified for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
  17. TGHK CMS is a proprietary CMS of TGHK. TGHK owns copyrights of all codes written for any client unless arrangements are made prior to the start of the project. TGHK warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. TGHK CMS cannot be transferred to any external host; this includes any access to the software codes.
  18. The website or software application will be designed to be deployed on the web, via using a commercial-grade web server or a similar setup. Based on the Client’s website traffic, the website may not perform if deployed on a generic office network environment.
  19. Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although TGHK does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond TGHK’s control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses, etc) are not included in TGHK’s quotes.
  20. TGHK accepts no responsibility for open-source products such as WordPress, Open Source carts, Joomla, and so on. All components and third-party software must be updated by the client. TGHK recommends that the Client perform regular backups to avoid disruptions.
  21. TGHK offers packages in coordination with third-party providers. Changes in the third-party provider’s rules and policies may have an impact on the services TGHK offers or the terms and conditions outlined herein.
  22. The Client must recognize that there may be unforeseen circumstances that cause the development process to be delayed, particularly when integrating third-party software. TGHK will do everything in its power to complete the project as agreed in the proposal. As long as it is within a reasonable period, the Client agrees not to penalize TGHK for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
  23. Regardless of any other provision in the agreement, in consideration of the Client entering into this agreement with TGHK, and upon full payment of any outstanding invoices, TGHK will grant the Client an unconditional license to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the texts, 2) graphics and 3) images used in the published website and associated of form and functionality. This will not include any intellectual property related to the website’s creation, such as digital strategies, programming codes, database structures, scripts, forms, or functionalities.
  24. Email is generally used for all communications/correspondence. It is the Client’s responsibility to keep us up to date on any changes to their email addresses. TGHK’s official email: sales@guowaimai.com

9. Service Terms: Domain, Hosting, Website Maintenance:

Domains

  1. Unless the Client is covered by one of TGHK Service Packages, domain registrations, and renewals must be paid for in advance. The expiration of a domain can cause service disruption and domain loss.
  2. TGHK is not liable if a domain expires due to non-payment or late payment of charges. All payments must be made at least 30 working days before the expiration date.
  3. It is the responsibility of the Client to renew their domain names with us.
  4. All invoices and dues must be paid in full before we release the requested domain name.
  5. TGHK has the domains in one common admin account and therefore cannot give access to its domain control panel.
  6. Packages are offered by TGHK in collaboration with third-party providers. Changes to the third-party provider’s rules and policies may have an impact on the services we provide or the terms and conditions outlined herein.

Hosting

  1. Unless the Client is covered by one of our Service Packages, there is an annual (12 months) renewal charge on Hosting which must be paid in advance. Failure to renew in time can lead to the loss of files, data, emails, backups, etc. All unpaid hostings are disabled or deleted from the server.
  2. All renewals must be paid by 30 working days prior to the expiry date. TGHK will not be responsible for issues relating to the delayed payment.
  3. Hosting is provided by third-party providers on shared and non-shared servers. TGHK makes every effort to protect our systems and servers from hackers, viruses, intruders, and other online and offline problems; however, we will not be held liable for any service disruptions that occur as a result of such a situation.
  4. Client is solely responsible for the content stored on and served by the purchased hosting service, as well as the activity of any scripts or email services created through the hosting service. Client must keep all account passwords and applications or scripts secure, and ensure that all scripts hosted by the hosting service are free of malicious content that could harm any part of the Server, other Client accounts hosted, or the external systems of visitors viewing the hosted content.
  5. In case of a malware attack, TGHK reserves the right to delete files on the hosting service without giving any prior notice.
  6. Cancellation/Termination: Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be canceled and must be paid for the full year.
  7. If the hosting is not paid and renewed before the expiry date, TGHK reserves the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. TGHK will not be responsible for any loss of data, files, emails, backups, restoration costs, etc.
  8. If a hosting account is canceled or disabled, all files, emails, databases, and backups will be erased from the server without warning.
  9. Once all invoices are paid, it is the Client’s responsibility to request the files subject to the below:
    • 9.1. TGHK CMS is a proprietary CMS of TGHK. TGHK owns copyrights of all codes written for any Client unless arrangements are made prior to the start of the project. TGHK warrants a license to use any custom-built software for the Client, for their use only. This license is granted while paying for the hosting. TGHK CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using TGHK CMS.
    • 9.2. TGHK CMS is a proprietary CMS of TGHK and cannot be transferred to any external host.

Emails:

  1. All emails must be downloaded onto the Client’s computer on a regular basis. Email boxes must stay within their allocated quotas. Email boxes are subject to routine maintenance, and emails older than six months are removed.
  2. Clients must not utilize email hosting for unsuitable material or other unwanted communications, as this may result in spamming or infection of the server. In such cases, quick action will be taken, and the necessary files and data will be erased without warning.
  3. TGHK offers packages in coordination with third-party providers. Changes in the regulations and policies of the third-party supplier may have an impact on the services we provide or the terms and conditions herein.
  4. Hosting is provided by third-party providers on shared and non-shared servers. TGHK makes every effort to keep our systems and servers safe from hackers, viruses, intruders, and other online and offline issues; nonetheless, TGHK cannot be held liable for any service interruptions that may occur.

Annual Maintenance Package Terms:

  1. All maintenance packages are for a minimum of 12 months period. Packages may include 12 months of basic website hosting, email hosting, and DNS hosting. The package is auto-renewed every year on its anniversary date.
  2. Packages are designed to serve website maintenance tasks ONLY. The fixed hours may not be used for projects such as full redesign or major functionality add-ons, and may not be used for any Digital Strategy, Business Analysis, Solution Architect, SEO, and Digital Marketing work.
  3. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along with any website fixes that may arise as a result of the updates.
  4. Any additional work hours are requested for your approval. Any extra hours used will be billed separately @ $88/hour incl VAT. Any urgent tasks will be charged separately. Support requests need to be sent via email to sales@guowaimai.com

10. Cancellation / Termination Terms and Return Policy:

  1. Due to the nature of the services, TGHK does not guarantee refunds in the event of cancellation. In the case of a monthly payment, it is understood that the payment for the following month is released only after the current month’s performance has been reviewed. TGHK makes no guarantees based on traffic/rankings/etc. and will not be held liable for any refund claims as a result. TGHK primarily provides White Label Digital Marketing and Web Development services in China and the EU/US.
  2. A Client may cancel an Order only by providing TGHK with written notice, and the cancellation becomes effective when TGHK provides written confirmation of receipt of the notice of cancellation.
  3. If a Client cancels any Order for Services after TGHK has received an Order, TGHK reserves the right to charge the Client the costs incurred in canceling any Order or part Order (including loss of profit), in addition to the costs incurred up to the date of cancellation. Such cancellation costs may include (but are not limited to) time spent on brief preparation, research, drafting, revision, or proofreading, artwork fees, set-up costs, or full payment of the Order in circumstances where the costs of the work completed at the time of cancellation are equal to, or greater than, the quote or Order price when calculated at an hourly rate.
  4. TGHK reserves the right to negotiate and refund an appropriate portion of the customer’s payment for the requested service. If you cancel your order after making a payment but before the work begins, we will refund 75% of the payment you have already made. If the order is canceled after work has begun, the maximum refund or charge will be 50% of the invoice. If cancellation is requested after more than half of the work has been completed, there will be no refunds or adjustments. Cancellations must be in writing and can be sent via regular mail, email, or fax. Cancellation requests made by phone will not be accepted.
  5. Any payment for domain name registration renewal or hosting, as well as any third-party products or services purchased on behalf of the client, must be made in full and is non-refundable. All renewal cancellations must be received at least 30 days before the renewal date.
  6. Email is generally used for all communications/correspondence. It is the Client’s responsibility to keep us up to date on any changes to their email addresses. TGHK’s official email: sales@guowaimai.com

11. Confidentiality:

TGHK and the Client will both take reasonable steps to ensure that all confidential information, whether oral or written, remains confidential.

12. Non-Solicitation:

The Client agrees not to solicit TGHK’s Employees, Persons, Freelancers, or Sub-Contractors who have been engaged in the provision of the Services during the provision of the Services or for a period of twelve months following the provision of the Services.

13. Copyrights and Trademarks:

The Client represents TGHK and unconditionally guarantees that any elements of text, graphics, photos, designs, audio, videos, trademarks, or other artwork furnished to TGHK via Email, Phone, Internet, On-Paper, in-meeting, and otherwise, for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend TGHK and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The client agrees that any content used while developing the website is owned by the client and Under no circumstances will TGHK be liable for the Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. TGHK will not be liable for any Copyright Infringements.

Hong Kong’s copyright law is largely based on the English model. The Basic Law of Hong Kong, the city-constitutional state’s document, guarantees a high degree of autonomy and the continuation of previously in-force laws following its reunification with Mainland China. As a result, Hong Kong maintains a distinct intellectual property regime from the rest of China. Articles 139 and 140 of the Basic Law specifically address the protection of copyright in Hong Kong. https://www.basiclaw.gov.hk/en/basiclaw/chapter6.html

14. Disputes, Liability and Indemnity:

  1. In the event of a dispute, TGHK reserves the right to charge the Client in full for the work completed as well as the resources expended in dispute resolution. In such an event, TGHK reserves the right to charge the Client without honoring any previously honored discounts in good faith. Under any circumstances, TGHK will not be liable for any damages resulting from misrepresentation or misinformation.
  2. TGHK reserves the right to refuse service to any Client who is not in accordance with our business operating principles and policies.
  3. TGHK offers its services “as is,” with no warranties as to the security or other difficulties that could result in data loss, sales loss, or reputation loss. TGHK will secure TGHK’s systems and servers to the best of our ability against hackers, viruses, intruders, and other online and offline difficulties, but TGHK will not be held liable for any service disruptions if such a situation happens.
  4. TGHK maintains an independent relationship with its suppliers, partners, and subcontractors. None of the parties has the power, right, or authority to interfere with or bind the other, or to assume or create any obligation or responsibility, expressed or implied, on behalf of or in the name of the other.
  5. Client agrees to indemnify and hold TGHK, its licensors, content providers, service providers, employees, agents, officers, directors, contractors, and subcontractors (the “Indemnified Parties”) harmless for any breach of these Terms And Conditions or any other terms, conditions, policies, or procedures contained herein, including, without limitation, any use of the Content other than as expressly authorized in these Terms and Conditions.
  6. The Client agrees that the indemnified parties will bear no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold the Indemnified Parties harmless from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees. The Client will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims arising from the Client’s use of TGHK information.
  7. TGHK will not be liable for any breach of the agreement caused by an event beyond its reasonable control, such as an act of God, fire, lightning, explosion, war, disorder, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

15. Jurisdiction:

These Terms and Conditions, as well as any contracts, entered into between TGHK and the Client, will be governed and construed in accordance with Hong Kong Law and will be subject to the jurisdiction of the Hong Kong Courts in Hong Kong, China.

16. Hong Kong’s Trade Policy:

Hong Kong’s Trade Policy

Hong Kong is a free port. We pursue a free trade policy and do not maintain barriers to trade. No tariff is charged on the import or export of goods. Although licensing is required for the import and export of some goods, this is only to fulfill obligations undertaken by Hong Kong to our trading partners or to meet public health, safety, or internal security needs. The licensing procedures are as simplified as possible in such cases.

Through participating in multilateral, regional, plurilateral, and bilateral trade agreements, we secure, maintain, and improve access to foreign markets for our goods and services.

Hong Kong actively supports and promotes a free, open, and stable multilateral trading system. The World Trade Organization (WTO), established in 1995, succeeded the General Agreement on Tariffs and Trade (GATT). Hong Kong is a founding member of the WTO and has been participating actively in its activities. Hong Kong has continued its separate membership after returning to China in 1997 using the name “Hong Kong, China”.

17. Updates:

Last Updated: 01 May 2024
We reserve the right to change the terms of this Business Terms and Conditions at any time at our sole discretion, by posting the changes on this page. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES FOLLOWING OUR POSTING OF A CHANGE OF NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THOSE CHANGES.