General Terms & Conditions of Legal & Finance Retainer Service

1A list of consultation service for retainer membership are set out in seperated sheet provided for.

2The retainer fee does not include any disbursements. Chak & Associates will incur disbursements on client’s behalf by issuing invoice which will be sent to client upon receiving notification. Disbursements will include but not limited to :- Counsel Fee, Courier Charge, Land Search Fee, Court Fee, Company Search Fee, Stamp Duty, Taxing Fee, Photocopying Charges, Business Registration Certificate Search Fee

3The list above is not exhaustive. All disbursements incurred on client‘s behalf will first be informed to client by way of invoice. The invoice is due upon presentation. Chak & Associates shall not take any action until the invoice is paid to Chak & Associates in full.

4Invoice will normally be sent to client by e-mail. If original is required, client must inform Chak & Associates in advance. For the purpose of this clause, e-mail transmission of invoice will be regarded as written confirmation of request for payment.

5This retainer agreement will take effect once client has duly signed, delivered the attached original to Chak & Associates and retainer fee is fully paid.

6Chak & Associates have the right to terminate this retainer agreement if :- client has failed to pay the costs agreed; the information and/or instructions given to Chak & Associates contain any false, illegal, libellous and/or malicious materials and/or statement; there is a winding up order or bankruptcy order against client.

7In case of conflict of interest, Chak & Associates have the right to refer client to another solicitors firm to act for client in that particular case.

8Chak & Associates shall not refund unused retainer fee except the retainer was terminated in accordance with clause 6 and 7 above.

9All instructions must be given to Chak & Associates from 9:00 AM to 6:00 PM from Monday to Friday. Chak & Associates reserve the right to impose reasonable charge if the instructions are required to be obtained outside our office premises or the said business hours.

10All litigation action and/or court application shall only be commenced or defended with express instructions from client. An authorization letter will be required to be signed by client to confirm client’s instructions.

11It is client‘s responsibility to keep Chak & Associates informed of any change of client’s contact particulars, i.e. telephone number, address, fax number and e-mail address.

12For the time being, all correspondence via the fax number, email and/or sent to the address listed in the Application Form overleaf will be regarded as good and sufficient service of the documents to client. Whilst making every reasonable attempt to secure personal data, we cannot accept responsibility for any unauthorised access or loss of private information that is beyond our control. If you choose to communicate with us by any messaging application, such as WhatsApp, WeChat or any other form of messaging system or service, we accept no liability for any loss or damage and assume no risk which may occur as a result of any virus or security breach.

13The professional services to be rendered herein do not include any pre-existing court action. If client engage Chak & Associates for client‘s legal action within the first month from the date hereof, Chak & Associates have the right to charge 50% of the normal charge in relation to the service rendered.

14The professional services rendered herein shall only be provided to the company named in the Application Form overleaf.

15The benefit and burden of this retainer shall not be transferred without Chak & Associates’ consent in writing. Chak & Associates reserve all rights to charge HK$500.00 as service charge should such transfer is being accepted by Chak & Associates.

16Chak & Associates reserve all rights to vary the terms of this retainer by giving 14 days’ notice to client. If Chak & Associates do not hear from client within 7 days from the date of notification, client’s consent to such variation is deemed to have given and such variation is binding on client in full force.

17By signing of this retainer agreement, client will be deemed to have agreed to let Chak & Associates use client’s name in Chak & Associates promotional materials.

18If there is anything in conflict with the Chinese translation, the terms in the English version prevail.

19Our maximum aggregate liability to you in respect of any engagement is limited to HK$20 million. We shall maintain professional indemnity insurance cover for such liability in an amount not less than HK$20 million.

Further:
(a) we will not be liable for the acts or defaults of any third party, including any agents or sub-contractors, and will only accept liability for direct loss suffered by the person instructing us or a disclosed underlying client alone and, in any event, only to the extent that such loss was reasonably foreseeable as arising from our act or default giving rise to the loss;

(b) we will not be liable for any punitive, exemplary or multiplicatory damages or similar claims beyond the actual amount of your loss;

(c) we will not be liable for any consequential loss or loss of profit however arising, whether or not such loss was foreseeable and whether it was suffered by the person by whom we are instructed or any third party;

(d) we will not be liable if you act on advice given by us on an earlier occasion without first confirming with us that the advice remains valid 2 harneys.comin the light of any changes in the law or your circumstances and will accept no liability for losses arising from changes in the law or in the interpretation of the law which are first published after the date on which our advice is given;

(e) we will not be liable for any losses where those losses are due to inaccurate, incomplete or misleading information provided to us; and

(f) we shall not be liable for any inability on our part to perform our services for any cause beyond our reasonable control.

and you agree not to bring such claims against us. 

It is a fundamental provision of these terms and conditions that you agree no individual has or will have any personal responsibility to you for the legal services provided by them on behalf of Chak & Associates. This does not limit or exclude any liability of Chak & Associates for the acts or omissions of any of its employees acting under the supervision of the firm or within the scope of their employment with the firm.