Terms and Conditions for the usage of the Hong Kong Mail Forwarding Service provided by Maildrop Asia Hong Kong
1. Product Definition
Maildrop: Entitles the Client to receive mail at the Provider’s Centre specified in this Agreement (“designated Centre”). The Client may use the address of the designated Centre for personal or business correspondence.
2. This Agreement
2.1 Comply with House Rules: The Client must comply with any House Rules which the Provider imposes generally on users of the designated Centre. Such rules are developed and/or imposed to protect Client’s use of the designated Centre for work.
2.2 DURATION: THIS AGREEMENT LASTS FOR THE PERIOD STATED IN IT AND THEN WILL NOT BE EXTENDED AUTOMATICALLY. ALL PERIODS SHALL RUN TO THE SAME DAY OF THE MONTH IN WHICH THE CLIENT ORIGINALLY SIGNED UP. THE FEES ON ANY RENEWAL WILL BE AT THE THEN PREVAILING MARKET RATE.
2.3 CANCELLATION: EITHER THE PROVIDER OR THE CLIENT CAN TERMINATE THIS AGREEMENT AT THE END DATE STATED IN IT, OR AT THE END OF ANY EXTENSION OR RENEWAL PERIOD, BY GIVING AT LEAST THREE MONTHS WRITTEN NOTICE TO THE OTHER. HOWEVER, IF THIS AGREEMENT, EXTENSION OR RENEWAL IS FOR THREE MONTHS OR LESS AND EITHER THE PROVIDER OR THE CLIENT WISHES TO TERMINATE IT, THE NOTICE PERIOD IS TWO MONTHS OR ONE WEEK LESS THAN THE PERIOD STATED IN THIS AGREEMENT.
2.4. Ending this Agreement immediately: To the maximum extent permitted by applicable law, the Provider may put an end to this Agreement immediately by giving the Client notice and without need to follow any additional procedure if (a) the Client becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Client is in breach of one of its obligations which cannot be put right, or (c) its conduct, or that of someone at the Centre with its permission or invitation, is incompatible with ordinary office use which shall be determined at the Provider’s sole discretion. If the Provider puts an end to this Agreement for any of these reasons it does not put an end to any outstanding obligations, including the payment of any additional services used as well as the monthly fee for the remainder of the period for which this Agreement would have lasted if the Provider had not ended it.
2.5 If the Centre is no longer available: In the event that the Provider is no longer able to provide the services at the designated Centre stated in this Agreement then this agreement will end and the Client will only have to pay monthly fees up to the date it ends. The Provider will try to find suitable alternative for the Client at another designated Centre.
2.6 Employees: While this Agreement is in force and for a period of six months after it ends, neither the Provider nor the Client may knowingly solicit or offer employment to any of the other’s staff employed in the designated Centre. This obligation applies to any employee employed at the designated Centre up to that employee’s termination of employment, and for three months thereafter. It is stipulated that the breaching party shall pay the non-breaching party the equivalent of one year’s salary for any employee concerned. Nothing in this clause shall prevent either the Provider or the Client from employing an individual who responds in good faith and independently to an advertisement which is to the public at large.
2.7 Client Representation of the Provider’s employees: Throughout the duration of this agreement, Client agrees that neither Client, nor any of Client’s partners, members, officers or employees will represent, or otherwise provide legal counsel to, any of the Provider’s current or former employees in any dispute with, or legal proceeding against, the Provider, or any of the Provider’s affiliates, members, officers or employees.
2.8 Notices: All formal notices must be in writing to the address first written on the front page of the Agreement. It is the Client’s responsibility to keep their address of record up to date with the designated Centre at all times.
2.9 Confidentiality: The terms of this Agreement are confidential. Neither the Provider nor the Client may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after this Agreement ends.
2.10 Applicable law: This agreement is interpreted and enforced in accordance with the law of the Hong Kong Special Administrative Region. All dispute resolution proceedings will be conducted within Hong Kong. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.
2.11 Enforcing this Agreement: The Client must pay any reasonable and proper costs including legal fees that the Provider incurs in enforcing this Agreement except that the Provider and the Client will bear their own arbitration costs in the event of arbitration.
3.1 Compliance with the law: The Client must comply with all relevant laws and regulations in the conduct of its business. The Client must do nothing illegal in connection with its use of the Business Centre. The Client must not do anything that may interfere with the use of the Centre by the Provider or by others, cause any nuisance or annoyance, increase the insurance premiums the Provider has to pay, or cause loss or damage to the Provider (including damage to reputation) or to the owner of any interest in the building which contains the Centre the Client is using. The Client acknowledges that (a) the terms of the foregoing sentence are a material inducement in the Provider’s execution of this agreement and (b) any violation by the Client of the foregoing sentence shall constitute a material default by the Client hereunder, entitling the Provider to terminate this agreement, without further notice or procedure.
3.2 Compliance with shipping regulations: Due to legal reasons or shipping regulations imposed on Hong Kong mail services, the following goods may not be forwarded by the Centre: Animals, Alcoholic Beverages, Antiques, Asbestos, Bullion, Currency, Drugs and pharmaceutical products, Fire-arms, Weapons, Parts thereof and ammunition, Furs, Hazardous or combustible materials (as defined in IATA Regulations), Human remains, including ashes, Jewellery, precious metals, stones and minerals, Lithium batteries, Narcotics, Perfumery products, Perishable products, Replica and inert explosive devices and military ordnance (including replica and inert grenades, inert shells and the like), any illegal property prohibited by any law, regulation or statute of any federal, state or local government of any country to or through which the shipment may pass, powdered formula (including milk or soya milk powder).
3.3 Compliance with size regulations: Goods received cannot exceed 10kg in weight and 2.5 metres in length, width and height combined. Goods received that exceed these regulations will not be forwarded and are not subject to this agreement.
4.1 The Client must not carry on a business that competes with the Provider’s business of providing serviced office accommodations, virtual offices or its ancillary services.
4.2 Use of the Centre Address: The Client may use the designated Centre address as its business or personal address. The Client is not permitted to use the address of the designated Centre as their registered office address unless permitted by law and by the Provider and (if relevant) by local compliance rules. Any other uses are prohibited without the Provider’s prior written consent.
5. The Provider’s Liability
To the maximum extent permitted by applicable law, the Provider will not be liable for any loss sustained as a result of the Provider’s failure to provide a service as a result of any mechanical breakdown, strike, or termination of the Provider’s interest in the building containing the Centre. THE CLIENT EXPRESSLY AND SPECIFICALLY AGREES TO WAIVE, AND AGREES NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, REVENUE, PROFITS OR DATA, FOR ANY REASON WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY FAILURE TO FURNISH ANY SERVICE PROVIDED HEREUNDER, ANY ERROR OR OMISSION WITH RESPECT THERETO, FROM FAILURE OF ANY AND ALL COURIER SERVICE TO DELIVER ON TIME OR OTHERWISE DELIVER ANY ITEMS (MAIL, PACKAGES, ETC.) OR ANY INTERRUPTION OF SERVICES.
6.1 Taxes and duty charges: The Client agrees to pay promptly (i) all sales, use, excise and any other taxes and license fees which the Client is required to pay to any governmental authority (and, at the Provider’s request, will provide to the Provider evidence of such payment) and (ii) any taxes paid by the Provider to any governmental authority that are limitation, any gross receipts, rent and occupancy taxes, tangible personal property taxes, stamp tax or other documentary taxes and fees.
6.2 Payment: The Provider is continually striving to reduce its environmental impact and supports its clients in doing the same. Therefore the Provider will send all invoices electronically (where allowed by law) and the Client will make payments via an automated method such as PayPal or Credit Card, wherever local banking systems permit unless another form of payment is offered to the Client as a qualified and current Key Account. All amounts payable by the Client under this agreement may be assigned to other members of the Provider’s group.
6.3 Late payment: If the Client does not pay fees when due, a fee will be charged on all overdue balances. If the Client disputes any part of an invoice the Client must pay the amount not in dispute by the due date or be subject to late fees. The Provider also reserves the right to withhold services (including for the avoidance of doubt, denying the Client access to its mailbox, where applicable) while there are any outstanding fees and/or interest or the Client is in breach of this Agreement.
6.4 Insufficient Funds: The Client will pay a fee for any returned cheque or any other declined payments due to insufficient funds.
6.5 Standard services: The monthly fee and any recurring services requested by the Client are payable monthly in advance. Unless otherwise agreed in writing, these recurring services will be provided by the Provider at the specified rates for the duration of this Agreement (including any renewal). Where a daily rate applies, the charge for any such month will be 30 times the daily fee. For a period of less than a month the fee will be applied on a daily basis.
6.6 Discounts, Promotions and Offers: If the Client benefited from a special discount, promotion or offer, the Provider may discontinue that discount, promotion or offer without notice if the Client breaches these terms and conditions or becomes past due on two or more occasions.
Global Terms & Conditions, Aug-2014