Terms and Conditions (T&C) for "Mycommerce Limited"
Scope of Application
These T&C apply to all business relationships between Mycommerce Limited (hereinafter referred to as "Company"), UNIT 1005, 10TH /F, BOSS COMM CTR, 28 FERRY ST, Bezirk: YAU MA TEI, Region: Kowloon, HK, 000000, and its clients (hereinafter referred to as "Clients"). These T&C are exclusively applicable to businesses and legal entities under Hong Kong law.
Conclusion of Contract
Contracts between the Company and the Client can be concluded orally (e.g., via telephone or video chat), in writing (e.g., by email), or in text form. Oral agreements require written confirmation from the Company to be valid. The Client agrees that, for evidence and documentation purposes, conversations may be recorded, provided this complies with applicable Hong Kong law.
Contract Content
The Company provides services in E‒Commerce, Digital Marketing, Coaching, and Consulting. While the Company strives to deliver high‒quality services, it does not guarantee specific business outcomes. The precise scope of services will be defined in the respective contract.
Client's Duty to Cooperate
The Client agrees to provide all necessary information and materials (e.g., company data, logos, images) in a timely and digital manner. The Client must maintain an active digital presence (e.g., website or social media platforms) throughout the collaboration and grant the Company necessary access. Failure to meet these obligations entitles the Company to suspend services or terminate the contract for cause.
Compensation and Payment
The agreed compensation will be stated in the contract. Unless otherwise specified, payment is due immediately upon receipt of the invoice. All prices exclude any applicable VAT or other government‒imposed taxes. In case of late payment, the Company reserves the right to charge late fees in accordance with Hong Kong law.
Contract Duration and Termination
The duration and termination terms of the contract are specified in the agreement. Unless otherwise agreed, the contract can be terminated with a three‒month notice period, effective at the end of the month. The right to terminate for cause remains unaffected. Terminations must be made in writing.
Liability
The Company is liable only for damages caused intentionally or by gross negligence. Liability for minor negligence is excluded unless it involves damages to life, body, or health. Liability is limited to foreseeable damages typical of the contract.
Data Protection
The Client is responsible for ensuring the lawful collection and processing of personal data for campaigns. The Company acts as a data processor in accordance with applicable Hong Kong data protection regulations and will process data exclusively as outlined in the contractual agreement.
Intellectual Property
All content created by the Company, including campaign texts and images, remains the intellectual property of the Company. The Client is granted a simple, non‒exclusive, and time‒limited usage right for the duration of the contract. Modifications to the content by the Client require prior written consent from the Company.
Jurisdiction and Applicable Law
The law of Hong Kong applies, excluding international treaties such as the UN Convention on Contracts for the International Sale of Goods (CISG). The court of jurisdiction for disputes arising from or related to this contract is the competent court in Hong Kong.
Final Provisions
Amendments or additions to these T&C must be made in writing. If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions shall remain valid. The invalid provision will be replaced by one that closely reflects the economic intent of the original provision.
