Terms of Engagement | Chak&AssociatesLLP

TERM OF SERVICE

The consultation service fee excludes all disbursements, counsel fees, government charges, translation of documents and out-of-pocket expenses, if any.

Commercial Agreement including general commercial agreement such as IP licensing agreement, copyright agreement, IP assignment and transfer, technology transfer and license, non-disclosure agreement, confidentiality and trade secret agreement, manufacturing and distribution agreement, artist agreement, etc., but excluding project merger and acquisition, shareholders agreement, franchise agreement, joint-venture agreements and IPO related due diligence.

All our professional services are subject to General Terms and Conditions of Commercial Legal Consultation Services of Chak & Associates, solicitors. In case of any inconsistency between the English version and the Chinese version, the English version shall prevail.

We are committed to protecting your privacy.

This online Privacy Policy describes the ways in which we collect information from you when you use this website, and what we may use it for.

If you have any questions or need further information about our privacy practices, please contact us at info@chakandassociates.com or Chak & Associates LLP at 2101, Tower 2, Admiralty Center, Admiralty, Hong Kong.

What Data do we Collect from you?

We may collect data from you (User Data) in various ways:

by our use of cookies (see below);
during the course of your use of this website (including, without limitation, all material you send or upload to this website or to an e-mail address given on this website (Your Material); and
when we request further information from you from time to time following on from any contact you have made with us through this website.

Some of it will inevitably comprise personal data about you. This Privacy Policy describes how we fulfil our obligations under applicable data protection laws. This Privacy Policy is in accordance with the Personal Data ( Privacy) Ordinance (Cap. 486) of Hong Kong.

Use of Cookies

A cookie is a tiny element of data that a website can send to your computer's browser so that this computer will be recognised by the site on your return. Cookies allow our web server to recognise your computer on connection to our website, which in turn allows the server to make downloading of pages faster than on first viewing. In addition, cookies may also be used by us to establish statistics about the use of this website by Internet users by gathering and analysing data such as: most visited pages, time spent by users on each page, site performance, etc. By collecting and using such data, we hope to improve the quality of the site.

The data collected by our servers and/or through cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes mentioned above. In any event, such information may not be kept for longer than one year.

Navigation data about site viewers is automatically collected by our servers. If you do not wish to have this navigation data collected, we recommend that you do not use this website.

You can also set your browser to block the recording of cookies on your hard drive to minimise the amount of data that may be collected about your navigating on this site. The browser on your computer can be set to notify you when a cookie is being recorded on your computer's hard drive. Most browsers can also be set to keep cookies from being recorded on your computer. However, for optimal use of this website, we recommend that you do not block the recording of cookies on your computer.

All Chak & Associates LLP servers and computer systems are protected from outside intrusions. As a result, all data that may be collected about site viewers through the use of cookies will be protected from unauthorised access.

Cookies used on this site are only active for the duration of your visit. Cookies used on this site are not stored on your computer once you have closed your web browser. Information generated by the use of cookies may be compiled into an aggregate form so that no individual can be identified.

We may at some stage use cookies to identify users when they visit this website to use personalised services. In such circumstances these cookies may be kept on the hard drive of your computer following closure of the web browser. Cookies used in connection with such services enable us to build up a profile of our users and to develop personalised versions of this website.

You may choose to not receive a cookie file by enabling your web browser to refuse cookies. The procedure for refusal of cookies may vary for different software products. Please check with your internet browser software help or your software supplier if you wish to refuse cookies.

Privacy of Electronic Communications

Although we welcome your queries, please note that any electronic communication through this website between you and us (or any of our lawyers, other employees or agents) may not be secure and, unless you are already a client, will not be treated as privileged or confidential. For this reason, please do not send us any email that contains confidential or sensitive information.

Our use of User Data

We will use User Data we collect from you only for the following purposes:

To provide this website to you

We will use User Data to provide and improve this website to enable us to deal with any queries you have about this website and to notify you of any changes to this website.

To include User Data in anonymous statistics

We may provide anonymous statistics about our users and related usage information to reputable third parties, but these statistics will not enable any third party to identify individuals or individual businesses.

To provide you with information you have requested

We will use User Data to provide you with information and brochures you have requested through this website.

Marketing Activities

If you have already registered to receive marketing materials from us in paper and/or electronic form, we may use your data in order to send you in electronic and/or paper form marketing and other materials relating to Chak & Associates LLP, its products and/or services. We may use the data provided by you to update records held by Chak & Associates LLP.

If you are not already registered to receive marketing information from us in paper and/or electronic form and wish to receive such information please click e-mail us. You may withdraw your consent to the receipt of marketing materials at any time and free of charge by sending an e-mail to us.

To consider any recruitment application or curriculum vitae you submit through this website

If you submit User Data (including personal data and sensitive personal data) to us via the Careers section of this website or to an e-mail address specified in the Careers section for applying for a post advertised at Chak & Associates LLP, we will process such User Data solely for the purposes of considering applications and recruitment. Such User Data will not be used for marketing purposes. Marketing materials will only be sent to you in accordance with paragraphs c. and d. above.

Sensitive personal data is information as to your racial or ethnic origin, political opinions, religious, philosophical or similar beliefs, trade union membership, physical or mental health, sexual life, commission of criminal offences and/or involvement in criminal proceedings.

Further legal notices relating to the Careers section of this website can be found in the paragraph entitled Recruitment in the Terms of Use.

Consent

By continuing to use this website and by providing any personal data (including sensitive personal data) to us via this website or e-mail addresses provided on this website, you are consenting to our use of your personal data as set out in this Privacy Policy. Please do not send us any personal data if you do not want that information to be used by us in this manner.

Legal Requirements

While it is unlikely, we may be required to disclose your User Data by a court order or to comply with other legal or regulatory requirements. We will use reasonable endeavours to notify you before we do so, unless we are legally restricted from doing so.

We do not Sell or Exploit User Data Commercially through Third Parties

We will not sell, rent, distribute or otherwise make User Data commercially available to any third party, except as described above, or except with your prior permission.

Access to and Correction of User Data

You are entitled to a copy of your User Data and to have them rectified or deleted as required by applicable data protection legislation. For more information please send an email to info@chakandassociates.com .

Changes to the Policy

This Privacy Policy and/or the other Legal Notices may be amended by us at any time. Please check this website periodically to inform yourself of any changes.

LEGAL NOTICE

To aid navigation the terms relating to use of this website have been divided into a number of sections: General, Terms of Use, Privacy Policy and Copyright. These sections together form the Legal Notices. The Legal Notices, as amended by us from time to time, set out the basis on which you may use this website. Please read them carefully.

The term partner is used to refer to a member of CHAK & Associates LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Chak & Associates LLP affiliated undertakings. A list of the members of CHAK & Associates LLP and of the non-members who are designated as partners is open to inspection at the registered office of Chak & Associates LLP.

Nothing on this website or in the documents available through it is intended to advertise CHAK & Associates LLP services, to solicit clients or to provide legal or other professional advice. You should not rely on any information contained on this website or in the documents available through it as if it were legal or other professional advice. If you require advice on a specific legal issue, please contact a lawyer listed on this website or alternatively send an e-mail to info@chakandassociates.com

"Chak & Associates LLP” and "C&A" are registered trademarks.

Please note that the Client Portal and the various Online Services accessible through this website have separate legal notices and privacy policies.

Subject to the following, copyright in the pages of this website and all documents available through it belongs to Chak & Associates LLP and/or its affiliated undertakings.

Except as expressly permitted below or by applicable law, you may not copy (except to the extent required in order to use this website in accordance with the Legal Notices), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public any part of this website or systematically extract material from this website or any document available through it or in any other way exploit commercially all or any part of this website or any document available through it without our prior written permission.

Copyright in some documents and other material available on this website belongs to third parties (Third Party Documents) and such documents and other material have been produced on this website with the permission of the third party copyright owners. Please check copyright notices on or in respect of individual Third Party Documents. Unless otherwise specified in the copyright notice for a Third Party Document or permitted by applicable law, you may not copy (except to the extent required in order to use this website in accordance with the Legal Notices), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public any part of a Third Party Document or systematically extract material from it or in any other way exploit commercially all or any part of it.

You may print or save one copy of any page of this website and documents available through it (other than Third Party Documents) for your own personal use.

We permit electronic links to the home page of this website only. You may not provide an electronic link to any other page of this website without our consent. We reserve the right to request that you remove an electronic link to this website at any time and you agree to remove such link immediately.

Please also see the Terms of Use which contain additional provisions regarding copyright and other intellectual property rights at the paragraphs headed Intellectual Property Rights and Limitations and Exclusions of our Liability .

GENERAL TERMS & CONDITIONS OF LEGAL & FINANCE RETAINER SERVICE

1. We provide different consultation service to clients. Our respective hourly rates for all work done are as follows :

Hourly Rates:

Partner - HKD5,000

Senior Associate - HKD4,000

Associate - HKD3,000

Trainee Solicitor - HKD2,000

Legal Clerk - HKD1,500

2. The retainer fee does not include any disbursements. Chak & Associates LLP 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

3. The 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 LLP shall not take any action until the invoice is paid to Chak & Associates LLP in full.

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

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

6. Chak & Associates LLP 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 LLP contain any false, illegal, libellous and/or malicious materials and/or statement; there is a winding up order or bankruptcy order against client.

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

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

9. All instructions must be given to Chak & Associates LLP 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.

10. All 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.

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

12. For 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.

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

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

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

16. Chak & Associates LLP reserve all rights to vary the terms of this retainer by giving 14 days’ notice to client. If Chak & Associates LLP 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.

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

18. Our 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 years 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 LLP. This does not limit or exclude any liability of Chak & Associates LLP 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.