Terms of Service

TERMS OF SERVICE – COMPANY REGISTRATION

The Terms of Service is made between:

 

ACL         :                 ATHENASIA CONSULTING LTD

(Hereinafter referred as “ACL”)

                  &

CLIENT   :                 CLIENT/who have requested for ACL to provide services/You/Your

(Hereinafter referred as “the Client”)

 

THE CLIENT UNDERSTANDS THE SCOPE OF SERVICES PROVIDED BY ACL AND IT IS HEREBY AGREED AS FOLLOWS:

 

These Terms and Conditions elucidate the respective rights and obligations of ACL and the CLIENT in connection with the use of the service, by requesting for or using or attempting to use the service, the Client is bound by the Terms of Service below.

 

C(1)         Service Scope of Hong Kong Limited Company Registration includes the following:

1.1           According to Companies Registry of Hong Kong (hereinafter referred as “CR”), the Client must submit the application with member’s identification copies and details.

 

1.2           Upon receiving all documents from the Client, ACL shall commence with the registration procedures, provided that the payment for the total service fee has been fully paid by the Client. ACL will submit the registration documents to the CR, including the incorporation form (NNC1) and the notice of Business Registration Office (IRBR1).

 

1.3           The Client understands that if the company name is too similar or likeness to famous or
branded company or such the selected company name appears on the index of company kept by the CR, it may possibly cause dispute or litigation from them and Companies Registry / Government Departments.

 

1.4           ACL will at its best, follow up with the progress of registration. However, the CR reserves the right of final approval. Any decision on the final approval made by the CR has nothing whatsoever to do with ACL. When the registration is completed, the formation documents and company kit / Green box will be made available for collection in ACL. In any event if the Client requires the formation documents and company kit / Green box to be sent through postage or courier services, all postage and courier charges shall be borne by the Client for forwarding the abovementioned formation documents and company kit / Green box to the specific address as provided by the Client.

 

1.5           ACL will not provide the Client with bank opening services, but will assist the Client with a
bank opening briefing through e-mails. The Client may opt for ACL’s Bank Account
Application service in which must be based on its Terms of Service.

 

1.6           ACL will provide Company Secretary Services for a period of 1 year.

 

C(2)         Details of Company Registration service fees:

2.1           The Client is obliged to pay the full total service fee 2 weeks in advance prior to the commencement of service. All payment must be made in advance and is thereon, non-refundable. Please note that payments made for all the services are non-refundable in howsoever manner, including if the Client elects to discontinue with ACL’s services.

 

2.2       The Client shall send all relevant documents to ACL 2 weeks in advance prior to the commencement of services.

 

2.3           ACL will commence the incorporation service upon receipt of all relevant business documents and the payment for full total service fee.

 

2.4           All additional charges including government fees, bank charges, company search fees and
others if any, must be borne by the Client, in which it will be adjusted according to the actual
charge.

 

2.5           ACL will bear the registration of a company limited fee payable upon submitting the
incorporation form (NNC1), which is priced at 1,720 HKD as according CR.

 

2.6           The government fees and levy for filling Business Registration Office will be in accordance
with the Business Registration Fee and Levy Table under the Companies (Fees) Regulation
(Cap 622K), whereby the total payment for 1-year certificate is 2,250 HKD, inclusive with
both fee and levy. ACL is only responsible for both government fees and levy for filling the
notice of Business Registration Office (IRBR 1), provided that the Client elects for 1-year
Business Registration Certificate.

 

2.7           In any event, if the Client elects for a 3-year Business Registration Certificate, the Client is
obliged to pay both government fee and levy, in which the total of amount of 5,950 HKD as
according to the Business Registration Fee and Levy Table under the Companies (Fees)
Regulation (Cap 622K).

 

C(3)         The Companies Registry will issue the following registration documents to newly incorporate
company:

                  3.1           Certificate of Incorporation; and

3.2           Business Registration License.

 

C(4)         ACL will provide the following formation documents and company kit / Green Box after
registration is completed:

                  4.1           Certified True Copies (“CTC”) Certificate of Incorporation by Certified Public Accountant;

4.2           CTC of Business Registration License by Certified Public Accountant;

4.3           CTC of full set of incorporation documents by Certified Public Accountant;

4.4           Company Minute Book;

4.5           Statutory Book;

4.6           10 sheets of Share Certificate

4.7           10 copies of Article of Associations;

4.8           Certificate of Guarantee of Quality;

4.9           1 company kit for incorporation documents;

4.10        1 piece of metal common seal; and

4.11        2 pieces of pre-stamp rubber chops.

 

C(5)         Services Scope of Company Secretary include the following:

                  5.1           Provision of Registered Address for receiving all correspondence including Government
mails.    

                  5.2           Prepare and filling of Annual Return for the year.

5.3           Increase Share Capital and Allotment (if any).

5.4           Update/Change of Shareholder and shareholding status (if any).

5.5           Update/Change of Director’s information, Company name and registered address (if any).

5.6           Update/Submit registration document of the Company and prepare minutes or resolution as
necessary (if any).

5.7           Please note that ACL will only provide the abovementioned secretarial services for a period of 1 year upon the completion date for incorporating the Client’s company.

 

C(6)         Contents of liabilities and declaration:

6.1           ACL will not guarantee the completion of the relevant work on time or before the related parties or government departments deadline in whatsoever manner. ACL will complete the company registration services within 3 to 4 days, but for no longer than 5 days upon the commencement of the actual service. ACL shall be exempted from the aforesaid liabilities of any consequences or penalties arising.

 

6.2           All information, documents, statements, signatures provided by the Client or any authorized
agents of the Client are deemed to be true, authentic and accurate.

 

6.3           The Client agrees that ACL may, at any time, by any means, contact all relevant members of
the company, to obtain and to confirm the personal details or information of the Client.

 

6.4           ACL shall bear no liability and shall not compensate any losses or defects suffered by the
Client, if it is caused by third parties during any documents or matters sending to the Client.

 

6.5       ACL shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Terms of Service, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if ACL has been notified of the possibility of any claims. In no event shall ACL’s maximum liability exceed the total amount paid by the Client for the service or the product.

 

6.6           ACL reserves the right to amend any of the prices without prior notice. All Terms of Service
may change when deemed necessary.

 

C(7)         Disclaimer – International Tax Advice:

                  7.1           ACL reserves the right not to advise the Client who seeks to utilize his company which is
established in Hong Kong for tax optimisation purposes. It is advisable that, in regards to
questions relating to International Law, the Client should seek professional and expertise
from his country of origin or residence. Nonetheless, ACL may comment on the International
Tax Structure, but such comment should not in any manner, be constituted as tax advice
from ACL.

 

C(8)         Definitions and Interpretations:

                  8.1           In this Terms of Service, unless there is something in the subject or context inconsistent
with such construction or unless it is otherwise expressly provided:-

 

  • words importing the masculine gender only shall include the feminine and neuter genders;
  • words in the singular number only shall include the plural number and vice versa;
  • words applicable to natural persons only shall include any body or persons firm or partnership corporate or unincorporated;
  • the headings are inserted for convenience only and shall not affect the construction of this Terms of Service; and
  • the expression “Hong Kong Dollar” and the abbreviation “HKD” shall mean the lawful currency of Hong Kong Special Administrative Region.

 

C(9)         Severability:

                  9.1           Each clause and sub-clause of this Terms of Service shall be independently interpreted and
enforceable. If any clause or sub-clause of this Terms of Service is declared void, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remainder shall survive
unaffected.

 

C(10)      Force Majeure:

10.1        Neither party shall be liable to the other for delays or failures in performance for causes
beyond the reasonable control of that party, including but not limited to, labor disputes,
strikes or disturbances, material shortages or rationing, civil commotion, riots, war, acts of
god, governmental regulations, communication or utility failures.

 

C(11)      Data Protection and Confidentiality:

                  11.1        Both ACL and the Client shall comply with the Personal Data Privacy Ordinance (Cap.486), as
amended from time to time, and any applicable data protection legislation, regulations,
codes of practices, or guidelines which may subsequently be introduced.

 

11.2        The Client acknowledges and agrees that both personal data and company data may be
processed as a result of the services being provided by ACL.

 

11.3        The Client and ACL each agree and undertake that during the terms of this service and
thereafter it will keep confidential and will not use for its own purposes or without the prior
written consent of the other party disclose to any party any and all information concerning
the terms of this service.

 

11.4        Each party undertakes to the other to take all reasonable steps as shall from time to time be
necessary to ensure compliance with the provision of 11.3 by its employees, agents,
contracts, sub-contractors and affiliated companies.

 

C(12)      Governing Law:

                  12.1        This Terms of Service shall be governed by the laws of Hong Kong Special Administrative
Region and the parties hereby mutually agree to submit to the jurisdiction of the Court of
Hong Kong Special Administrative Region.

 

 

 

 

TERMS OF SERVICE – COMPANY MAINTENANCE / SECRETARY

The Terms of Service is made between:

 

ACL         :                 ATHENASIA CONSULTING LTD

(Hereinafter referred as “ACL”)

                  &

CLIENT   :                 CLIENT/who have requested for ACL to provide services/You/Your

(Hereinafter referred as “the Client”)

 

THE CLIENT UNDERSTANDS THE SCOPE OF SERVICES PROVIDED BY ACL AND IT IS HEREBY AGREED AS FOLLOWS:

 

These Terms and Conditions elucidate the respective rights and obligations of ACL and the CLIENT in connection with the use of the service, by requesting for or using or attempting to use the service, the Client is bound by the Terms of Service below.

 

S(1)          Company Maintenance / Secretary services include the following:

                  1.1           Provision of Registered Address for 1 year;

1.2           Prepare and filling of Annual Return for the year;

1.3           Increase Share Capital and allotment;

1.4           Update/Change of Shareholder and shareholding status;

1.5           Update/Change of Director’s information, Company name and registered address; and

1.6           Update/Submit registration document of the Company and prepare minutes or resolution as
necessary.

                 

S(2)          Hong Kong Company – Annual Renewal

2.1           Provision of Registered Address for 1 year to receive correspondences and official letters,
including from Companies Registrar of Hong Kong (hereinafter referred as “CR”) and Inland Revenue Department of Hong Kong (hereinafter referred as “IRD”).

 

2.2           ACL will update and/or submit registration documents of the Company and prepare minutes
of meeting including the following:

2.2.1      Change of Company Name;

2.2.2      Change of Company Registered Address;

2.2.3      Update and/or change of Director’s information;

2.2.4      Update and/or change of Shareholder and shareholding status;

2.2.5      Declaration and filling Legal Charge

(The information is provided by the Client for reporting in the Annual Return
for the year)

 

2.3           ACL will prepare and fill the Annual Return (NAR1) for the year on behalf of the Client. The
Annual Return contains the particulars of the Client as at the made up date the return. ACL
will bear the annual registration fee of 105 HKD as required by the CR if it is
delivered within 42 days after the most recent anniversary of the date of incorporation of
the company, provided that if the Client has fully settled the total service fee for
full 12 months. In accordance to the CR, the annual registration fee payable
will be calculated according to the date of re-delivery of the annual return.

 

2.4           ACL is responsible to submit the renewal application for the Client’s Business Registration
License to the IRD. ACL will bear the cost of renewing the Client’s Business Registration License that is valid for 1-year, at the cost of 2,250 HKD as according to the Business Registration Fee and Levy Table under the Companies (Fees) Regulation (Cap 622K), provided that if the Client has fully settled the total service fee for full 12 months.

 

2.5           The commencement date and end period is determined from the incorporation date of the
Client’s company until the next subsequent year of the same incorporation date.

 

S(3)          Details Company Maintenance / Secretary services fee:

3.1           The Client must pay the full total service fee 2 weeks in advance prior to the commencement of service. All payment must be made in advance and is thereon, non-refundable. Please note that payments made for all the services are non-refundable in howsoever manner, including if the Client elects to discontinue with ACL’s services.

 

3.2           The Client shall send all the relevant documents to ACL 2 weeks in advance prior to the commencement of service.

 

3.3           ACL will commence the company maintenance / secretary services upon receipt of all
relevant documents and full payment for the total service fee.

 

3.4           ACL shall not be responsible for any additional or extra government fees incurred, except the fee and levy as asserted in 2.3 and 2.4 respectively, and such additional or extra fees incurred includes the following non-exhaustive lists:

3.4.1      Any late submission penalty and extra fees charges from the government;

3.4.2      Other application for the business to the government such as stamp duty
fees, Business Registration application and renewal fee for the Client’s
branch company;

3.4.3      Other applications in CR such as the change of company name or searches of the company name;

3.4.4      Application for de-registration; and more.

 

3.5           ACL will not be responsible for any other costs incurred while maintaining the Client’s
company including administrative, courier and postal charges.

 

3.6           ACL will not be responsible for other documents application charges including Apostille, Certified Documents, Notary Services, and more.

 

S(4)          A copy of the following documents will be kept by ACL upon the completion of the Annual Return
filling:

4.1           Annual Return; and

4.2           Business Registration License.

 

S(5)          Upon completion of any service under the Company Maintenance / Secretary services, the Client
will be notified:

5.1           By email; or

5.2           As requested by the Client, email the soft copy of the document.

 

S(6)          Disclaimer – International Tax Advice:

6.1           ACL reserves the right not to advise the Client who seeks to utilize his company which is established in Hong Kong for tax optimisation purposes. It is advisable that, in regards to questions relating to International Law, the Client should seek professional and expertise from his country of origin or residence. Nonetheless, ACL may comment on the International Tax Structure, but such comment should not in any manner, be constituted as tax advice from ACL.

 

S(7)          Contents of liabilities and declaration:

                  7.1           ACL will not guarantee the completion of the relevant work on time or before the related
parties or government departments deadline in whatsoever manner. ACL shall be exempted
from the aforesaid liabilities of any consequences or penalties arising.

 

7.2           All information, documents, statements, signatures provided by the Client or any authorized
agents of the Client are deemed to be true, authentic and accurate.

 

7.3           The Client agrees that ACL may, at any time, by any means, contact all relevant members of
the company, to obtain and to confirm the personal details or information of the Client.

 

7.4           ACL reserves its right to terminate any services provided and resigns any capacity of the
company without prior notice and shall bear no liability and no compensation to the Client
when in doubt of the authenticity and truthfulness of the above declaration and assurance.

 

7.5           ACL shall bear no liability and shall not compensate any losses or defects suffered by the
Client, if it is caused by third parties during any documents or matters sending to the Client.

 

7.6           ACL shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Terms of Service, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if ACL has been notified of the possibility of any claims. In no event shall ACL’s maximum liability exceed the total amount paid by the Client for the service or the product.

 

7.7           ACL reserves its right to amend any of the prices without prior notice. All Terms of Service
may change when deemed necessary.

 

S(8)          Severability:

                  8.1           Each clause and sub-clause of this Terms of Service shall be independently interpreted and
enforceable. If any clause or sub-clause of this Terms of Service is declared void, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remainder shall survive
unaffected.

 

S(9)          Data Protection and Confidentiality:

                  9.1           Both ACL and the Client shall comply with the Personal Data Privacy Ordinance (Cap.486), as
amended from time to time, and any applicable date protection legislation, regulations,
codes of practices, or guidelines which may subsequently be introduced.

 

9.2           The Client acknowledges and agrees that both personal data and company data may be
processed as a result of the services being provided by ACL.

 

9.3           The Client and ACL each agree and undertake that during the terms of this service and
thereafter it will keep confidential and will not use for its own purposes or without the prior
written consent of the other party disclose to any party any and all information concerning
the terms of this service.

 

9.4           Each party undertakes to the other to take all reasonable steps as shall from time to time be
necessary to ensure compliance with the provision of 8.3 by its employees, agents,
contracts, sub-contractors and affiliated companies.

 

S(10)       Governing Law:

                  10.1        This Terms of Service shall be governed by the laws of Hong Kong Special Administrative
Region and the parties hereby mutually agree to submit to the jurisdiction of the Court of
Hong Kong Special Administrative Region.

 

 

 

TERMS OF SERVICE – ACCOUNTING / AUDIT SERVICES

The Terms of Service is made between:

 

ACL         :                 ATHENASIA CONSULTING LTD

(Hereinafter referred as “ACL”)

                  &

CLIENT   :                 CLIENT/who have requested for ACL to provide services/You/Your

(Hereinafter referred as “the Client”)

 

THE CLIENT UNDERSTANDS THE SCOPE OF SERVICES PROVIDED BY ACL AND IT IS HEREBY AGREED AS FOLLOWS:

 

These Terms and Conditions elucidate the respective rights and obligations of ACL and the CLIENT in connection with the use of the service, by requesting for or using or attempting to use the service, the Client is bound by the Terms of Service below.

 

A(1)         Accounting and audit services includes the following:

1.1           For a total amount of turnover, bank receipts, assets or liability value which does not exceeds the amount of 5,000,000 HKD in total sum, ACL recommends a standard package of accounting services (hereinafter referred as “the Standard Package”), provided that the amount of transactions for the year sought to be assessed thereof must not contained more than 2,500 transactions. A transactions with ACL includes either an AR (“Account Receivable: Invoices from the Company”) or an AP (“Accounts Payable: Expenses”). The Client must submit the following relevant documents to ACL 2 weeks in advance prior to the commencement of the abovementioned services: AR; AP; and bank statements. Reconciliation is excluded in the count of transaction but is included in the accounting and audit services.

 

1.2           The standard package includes both book keeping and/or accounting and audit services. Bookkeeping and/or accounting services is the recording of financial transactions accumulated by entering the expenses, invoices, and bank statements of an entity in the system to generate a management account. ACL is obliged to submit the accounting and/or bookkeeping records to the auditor for review and approval purposes as according to the law.

 

1.3           ACL will act as a tax representative for the Client and thereafter, will complete and fill the following public forms (hereinafter collectively referred as ‘’IRD forms’’) to the Inland Revenue Department of HKSAR:

1.3.1      Pro Forma Profit Tax Computation for the year of assessment;

1.3.2      Profits Tax Return – Corporations (BIR 51);

1.3.3      Employer’s Return of Remuneration and Pensions (BIR 56A and IR56B);

1.3.4      Employer’s Notification Form for Commencement of Employment

(IR 56E);

1.3.5      Employer’s Notification Form for Cessation of Employment (IR 56F);
1.3.6      Employer’s Notification Form for an Employee is about to depart from Hong
Kong (IR 56G); and

1.3.7      Employer’s Notification Form for Remuneration paid to persons other than Employees (IR 56M).

 

1.4           It is the obligation of ACL to respond to all enquiries from the Inland Revenue Department of Hong Kong (“IRD”) in relation to the abovementioned IRD forms. The defence of an offshore tax exemption case is excluded from the Standard Package, this include any enquiry from the IRD in relation to such defence of an offshore tax exemption case. ACL strongly advise that the Client should refrain from applying for an offshore tax exemption. Nonetheless, if the Client insists and wishes to apply for such offshore tax exemption, ACL will fill in the tax return accordingly but any enquiry posed by the IRD will be forwarded directly to the Client for an answer. ACL may refer the Client to their tax experts if the Client requires.

 

1.5           Any management account or report which is duly signed by the Client will be deemed approved by the Client.

 

1.6           Depending on the types of accounting the Client chooses, it is the Client’s obligation to provide relevant accounting documents for accounting and audit purposes.

 

1.7           ACL offers 2 types of accounting that includes:

1.7.1      Annual Accounting in which the assessment is made annually. It is the Client’s obligation to bring all its relevant accounting documents at the end of the year; and

1.7.2      Ongoing Accounting in which the assessment will be made throughout the year when the Client brings the relevant accounting documents. ACL will update at best once a month unless specific agreements is reached with the Client. As a complimentary gift, ACL will offer a free Xero subscription, an accounting software for small and medium-sized business, to ongoing Clients.

 

1.8           As a complimentary gift, ACL will provide the Client a free subscription to Receipt Bank.

 

1.9           The service(s) provided by ACL is under the instruction of the Client, in which the Client clearly understood and agreed to authorize ACL to handle all the necessary procedures related to the requested service(s).

 

A(2)         Details of accounting and audit service fee:

2.1           The Client must pay the full total service fee 2 weeks in advance prior to the commencement of service. All payment must be made in advance and is thereon, non-refundable. Please note that payments made for all the services are non-refundable in howsoever manner, including if the Client elects to discontinue with ACL’s services. If the Client opts for the ongoing accounting services, the Client may make payment on either monthly or quarterly basis, but please note that only a full year payment made in advance will entitle the Client audit service included. In any event, if there are less than 12 months in the year sought to be assessed, the Client is obliged to pay a pro-rata rate.

2.2           The Client shall send all relevant documents to ACL 2 weeks in advance prior to the commencement of service.

 

2.3           ACL will commence the accounting and audit task upon receipt of all relevant accounting
documents and the payment for full total service fee.

 

2.4           All additional charges, including government fees and bank charges must be borne by the Client, in which it will be adjusted according to the actual charge.

 

A(3)         Mode of delivery of the Accounting Documents upon completion:

 

                  3.1           Upon completion of the accounting and audited services, if the Client elects to collect such
accounting documents from the ACL’s service points, it is free of charge.

 

3.2           However, an expressly written authorization is required if the Client requires ACL to forward the completed accounting documents to a specific address that are provided by the Client. All additional charges including postage fees shall be borne by the Client for forwarding the completed accounting documents to the specific address as provided by the Client.

 

A(4)         Contents of liabilities and declaration:

 

                  4.1           ACL will not guarantee the completion of relevant work on time or before the related
parties or government departments deadline due to the Client’s delay in the provision of
documents. ACL shall be exempted from the aforesaid liabilities of any consequences or
penalties arising.

 

4.2           All information, documents, statements, signatures provided by the Client or any authorized
agents of the Client are deemed to be true, authentic and accurate.

 

4.3           The Client agrees that ACL may, at any time, by any means, contact all relevant members of
the company, to obtain and to confirm the personal details or information of the Client.

 

4.4           ACL reserves its right to terminate any services provided and resigns any capacity of the
company without prior notice and shall bear no liability and no compensation to the Client
when in doubt of the authenticity and truthfulness of the above declaration and assurance.

 

4.5           The Client must take adequate precautions to guard against falsification, and take adequate
steps to facilitate the discovery of falsification (if any). If the Client knowingly falsifies any
statement with the intention to deceive ACL, ACL has the right to report such matter to the
appropriate law enforcement authorities without any notice.

 

4.6           ACL shall bear no liability and shall not compensate any losses or defects suffered by the
Client, if it is caused by third parties during any documents or matters sending to the Client.

 

4.7           ACL shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Terms of Service, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if ACL has been notified of the possibility of any claims. In no event shall ACL’s maximum liability exceed the total amount paid by the Client for the service or the product.

 

4.8           ACL reserves the right to amend any of the prices without prior notice. All Terms of Service
may change when deemed necessary.

 

A(5)         Definitions and Interpretations:

                  5.1           In this Terms of Service, unless there is something in the subject or context inconsistent
with such construction or unless it is otherwise expressly provided:-

  • words importing the masculine gender only shall include the feminine and neuter genders;
  • words in the singular number only shall include the plural number and vice versa;
  • words applicable to natural persons only shall include any body or persons firm or partnership corporate or unincorporated;
  • the headings are inserted for convenience only and shall not affect the construction of this Terms of Service; and the expression “Hong Kong Dollar” and the abbreviation “HKD” shall mean the lawful currency of Hong Kong Special Administrative Region.

 

A(6)         Severability:

 

                  6.1           Each clause and sub-clause of this Terms of Service shall be independently interpreted and
enforceable. If any clause or sub-clause of this Terms of Service is declared void, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remainder shall survive
unaffected.

 

A(7)         Force Majeure:

7.1           Neither party shall be liable to the other for delays or failures in performance for causes beyond the reasonable control of that party, including but not limited to, labor disputes, strikes or disturbances, material shortages or rationing, civil commotion, riots, war, acts of god, governmental regulations, communication or utility failures.

 

A(8)         Data Protection and Confidentiality:

 

                  8.1           Both ACL and the Client shall comply with the Personal Data Privacy Ordinance (Cap.486), as
amended from time to time, and any applicable data protection legislation, regulations,
codes of practices, or guidelines which may subsequently be introduced.

 

8.2           The Client acknowledges and agrees that both personal data and company data may be
processed as a result of the services being provided by ACL.

 

8.3           The Client and ACL each agree and undertake that during the terms of this service and
thereafter it will keep confidential and will not use for its own purposes or without the prior
written consent of the other party disclose to any party any and all information concerning
the terms of this service.

 

8.4           Each party undertakes to the other to take all reasonable steps as shall from time to time be
necessary to ensure compliance with the provision of 6.3 by its employees, agents,
contracts, sub-contractors and affiliated companies.

 

A(9)         Governing Law:

 

                  9.1           This Terms of Service shall be governed by the laws of Hong Kong Special Administrative
Region and the parties hereby mutually agree to submit to the jurisdiction of the Court of
Hong Kong Special Administrative Region.

 

 

 

 

TERMS OF SERVICE – BUSINESS PLAN

The Terms of Service is made between:

 

ACL         :                 ATHENASIA CONSULTING LTD

(Hereinafter referred as “ACL”)

                  &

CLIENT   :                 CLIENT/who have requested for ACL to provide services/You/Your

(Hereinafter referred as “the Client”)

 

THE CLIENT UNDERSTANDS THE SCOPE OF SERVICES PROVIDED BY ACL AND IT IS HEREBY AGREED AS FOLLOWS:

 

These Terms and Conditions elucidate the respective rights and obligations of ACL and the CLIENT in connection with the use of the service, by requesting for or using or attempting to use the service, the Client is bound by the Terms of Service below.

 

B(1)         Business Plan services includes the following:

1.1           ACL will provide assistance and coaching to the Client in developing and structuring business ideas, in which is solely based on the Client needs.

 

1.2           ACL will not guarantee or ensure the accomplishment of the Client’s business goal. Hence, ACL shall be exempted from any liabilities, regardless of whether the developed business idea is feasible or not.

 

1.3           ACL shall not be directly or indirectly responsible for the Client’s fundraising in whatsoever manner. Please take note that a business plan does not guarantee fundraising. ACL may at option, be involved with the Client’s fundraising provided that there is a separate collateral contract formed mutually between the parties.

 

 

 

B(2)         Details of Business Plan service fee:

2.1           The Client is obliged to pay the full total service fee 2 weeks in advance prior to the commencement of service. All payment shall be made in advance and is thereon, non-refundable. Please note that payments made for all the services are non-refundable in howsoever manner, including if the Client elects to discontinue with ACL’s services.

2.2           The Client shall send all the relevant documents to ACL 2 weeks in advance prior to the commencement of service.

 

2.3           ACL will commence the Business Plan service upon receipt of all relevant business
documents and full payment of the service fee.

 

2.4           All additional charges, if any, shall be borne by the Client, in which it will be adjusted according to the actual charge.

 

B(3)         Contents of liabilities and declaration:

3.1           ACL will not guarantee the completion of the relevant work on time or before the related parties in whatsoever manner. ACL shall be exempted from the aforesaid liabilities of any consequences or penalties arising.

 

3.2           All information, documents, statements, signatures provided by the Client or any authorized
agents of the Client are deemed to be true, authentic and accurate.

 

3.3           The Client agrees that ACL may, at any time, by any means, contact all relevant members of
the company, to obtain and to confirm the personal details or information of the Client.

 

3.4           ACL reserves its right to terminate any services provided and resigns any capacity of the
company without prior notice and shall bear no liability to the Client
when in doubt of the authenticity and truthfulness of the above declaration and assurance.

 

3.5           ACL shall bear no liability and shall not compensate any losses or defects suffered by the
Client, if it is caused by third parties during any documents or matters sending to the Client.

 

3.6           ACL shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Terms of Service, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if ACL has been notified of the possibility of any claims. In no event shall ACL’s maximum liability exceed the total amount paid by the Client for the service or the product.

 

B(4)         Disclaimer – International Tax Advice:

4.1         ACL reserves the right not to advise the Client who seeks to utilize his company which is established in Hong Kong for tax optimisation purposes. It is advisable that, in regards to questions relating to International Law, the Client should seek professional and expertise from his country of origin or residence. Nonetheless, ACL may comment on the International Tax Structure, but such comment should not in any manner, be constituted as tax advice from ACL.

 

B(5)         Definitions and Interpretation

5.1         In this Terms of Service, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-

  • words importing the masculine gender only shall include the feminine and neuter genders;
  • words in the singular number only shall include the plural number and vice versa;
  • words applicable to natural persons only shall include any body or persons firm or partnership corporate or unincorporated;

 

 

B(6)         Severability:

                  6.1           Each clause and sub-clause of this Terms of Service shall be independently interpreted and
enforceable. If any clause or sub-clause of this Terms of Service is declared void, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remainder shall survive
unaffected.

 

B(7)         Force Majeure

7.1           Neither party shall be liable to the other for delays or failures in performance for causes beyond the reasonable control of that party, including but not limited to, labor disputes, strikes or disturbances, material shortages or rationing, civil commotion, riots, war, acts of god, governmental regulations, communication or utility failures.

 

B(8)         Data Protection and Confidentiality:

                  8.1           Both ACL and the Client shall comply with the Personal Data Privacy Ordinance (Cap.486), as
amended from time to time, and any applicable data protection legislation, regulations,
codes of practices, or guidelines which may subsequently be introduced.

 

8.2           The Client acknowledges and agrees that both personal data and company data may be
processed as a result of the services being provided by ACL.

 

8.3           The Client and ACL each agree and undertake that during the terms of this service and
thereafter it will keep confidential and will not use for its own purposes or without the prior
written consent of the other party disclose to any party any and all information concerning
the terms of this service.

 

8.4           Each party undertakes to the other to take all reasonable steps as shall from time to time be
necessary to ensure compliance with the provision of 8.3 by its employees, agents,
contracts, sub-contractors and affiliated companies.

 

8.5       ACL further undertakes that during the terms of this service and thereafter, ACL will not use or utilize any of the Client’s information pertaining to Client’s business plan in whatsoever manner, including ACL in establishing a new business which is based on the Client’s material business plan and strategies solely for ACL’s own benefits and gains. Nonetheless, ACL reserves its right to provide similar business plan and services to other new prospective Clients, regardless of whether such new prospective Clients are from the same industry or requires similar business model.

 

B(9)         Governing Law:

                  9.1           This Terms of Service shall be governed by the laws of Hong Kong Special Administrative
Region and the parties hereby mutually agree to submit to the jurisdiction of the Court of
Hong Kong Special Administrative Region.

 

 

TERMS OF SERVICE – BANK ACCOUNT APPLICATION

The Terms of Service is made between:

 

ACL         :                 ATHENASIA CONSULTING LTD

(Hereinafter referred as “ACL”)

                  &

CLIENT   :                 CLIENT/who have requested for ACL to provide services/You/Your

(Hereinafter referred as “the Client”)

 

THE CLIENT UNDERSTANDS THE SCOPE OF SERVICES PROVIDED BY ACL AND IT IS HEREBY AGREED AS FOLLOWS:

 

These Terms and Conditions elucidate the respective rights and obligations of ACL and the CLIENT in connection with the use of the service, by requesting for or using or attempting to use the service, the Client is bound by the Terms of Service below.

 

B(1)         Service of Bank Account Application includes the following:

1.1           Under the Bank Account Application plan (hereinafter referred as ‘’the said Package’’), the Client is required to choose amongst the banks available in Hong Kong ranging from local banks to international banks, and thereafter to gather and present relevant documents to the Client’s choice of bank (hereinafter referred to as ‘’the said bank’’) in accordance to the said bank’s respective Know Your Customer process.

 

1.2           The obligation of ACL is limited to the submission of relevant documents to the said Bank.
The said bank reserves the right for final approval and therefore, ACL is not directly or
indirectly responsible for the application outcome whatsoever.

 

1.3           The application for a bank account will only be assessed and considered by the bank. The grounds for the bank’s rejection are, if:

 

1.3.1      Any member of the company is with a negative personal credit history with
the bank;

1.3.2      Any member of the company is under the age of 30;

1.3.3      Any member of the company is being blacklisted by the bank;

1.3.4      Any member of the company is with a nationality that is considered as high-
risk by the bank;

1.3.5      The business nature that the company is involved with is considered as high-
risk;

1.3.6      Unable to provide the proof of any substantive business operations; or

1.3.7      Unable to provide a reason for opening the bank account.

 

1.4           The assessment and consideration of the bank account will only commence after the submission of all relevant and requested documents by the Client.

 

1.5           The Client agrees that during the application process, the bank may, at any time, by any means, contact the Client for further information or relevant supporting documents.

 

1.6           ACL shall at its best, follow up with the bank account opening process and keep the Client updated from time to time. The ultimate final decision lies with the said Bank and there is no guaranteed success, albeit the smooth co-operation between both ACL and the Client will greatly improve the chances of setting up the account.

 

1.7           In any event, if the bank account is approved by the said bank, ACL shall inform the Client of the bank account number and further arrange for the collection of all the bank account accessories.

 

B(2)         Details of Bank Account Application service fees:

                  2.1           The Client is obliged to pay the full total service fee 2 weeks in advance prior to the
commencement of service. Hence, all payment must be made in advance and is thereon,
non-refundable. Please note that payments made for all the services are non-refundable in
howsoever manner, including if the Client elects to discontinue with ACL’s services.

 

2.2           The client shall send all the relevant documents to ACL 2 weeks in advance prior to the commencement of service.

2.3           ACL will commence bank account opening task upon receipt of all relevant documents as
according to the said bank’s respective Know Your Customer process, and the payment for full total service fee.

 

2.4           The bank account opening is a separate service provided by the ACL to the Client. Charges are on non-refundable basis, and no compensation will be issued whatsoever in any event, if the application for a bank account is unsuccessfully.

 

2.5           All bank charges, if applicable, shall be borne by the Client, in which it will be adjusted according to the actual charge.

 

B(3)         In accordance with the bank requirements, the Client shall submit the following
documents:

                  3.1           A valid identity proof:

3.1.1      A valid identity proof of the director / shareholder / authorized signer (Hong
Kong I.D. Card, original passport or travel permit for entry into Hong Kong);

3.1.2      Details on the identification documents must be consistent with the
company registration documents;

3.1.3      ACL shall issue a certified true copy of the valid identity proof for the
application of opening a bank account;

3.1.4      Confirmative signature of the Client on the certified true copies of
identification documents is required;

3.2           A valid address proof:

3.2.1      Original of the utility bill such as electricity bill, water bill or telephone bill (the aforesaid bills must be in either English or Chinese version of documents) which is issued not more than 3 months from the application date;

3.2.2      The name and address of the director / shareholder must be shown clearly
on the address proof with the issued date; and

3.2.3      China I.D. card is accepted for China Residents (original must be provided for
verification purposes).

3.3           Business proof:

3.3.1      Name card of director / shareholder / authorized signer;

3.3.2      Quotation / invoice / contract / website details of the company; and

3.3.3      If the director / shareholder / authorized signer is an overseas or local corporate, the original of Certificate of Incorporation or the certified true copy by a Certified Public Accountant, Business Registration License and the corporate owner’s information is required.

 

3.4           Company Registration Documents:

3.4.1      A Hong Kong Limited Company is required to provide the following valid registration documents:

3.4.1.1  Certificate of Incorporation;

3.4.1.2  Business Registration License;

3.4.1.3 Full set of incorporation documents; and

3.4.1.4 Share transfer document

 

3.4.2      An offshore Company is required to provide the following valid registration document:

3.4.2.1  Certificate of Incorporation;

3.4.2.2  Full set of incorporation documents; and

3.4.2.3  Certificate of Incumbency which is issued not more
than 6 months from the date of issue.

 

B(4)         The Bank will complete the approval procedure within a specified period. Once approved, the following accessories from the said bank will be sent to the Client:

                  4.1           Bank Account Number;

 

4.2           Cheque Book (if any);

 

4.3           Internet banking password;

 

4.4           Security device; and

 

4.5           Corporate Automated Teller Machine card (if any);             

4.6           All postage and courier charges shall be borne by the Client for forwarding the abovementioned accessories to the specific address as provided by the Client.

 

 

B(5)         Contents of liabilities and declaration:

                  5.1           All information, documents, statements, signatures provided by the Client or any authorized
agents of the Client are deemed to be true, authentic and accurate.

 

5.2           The Client agrees that ACL may, at any time, by any means, contact all relevant members of
the company, to obtain and to confirm the personal details or information of the Client.

 

5.3           ACL reserves its right to terminate any services provided and resigns any capacity of the
company without prior notice and shall bear no liability and no compensation to the Client
when in doubt of the authenticity and truthfulness of the above declaration and assurance.

 

5.4           The Client must take adequate precautions to guard against falsification, and take adequate
steps to facilitate the discovery of falsification (if any). If the Client knowingly falsifies any
statement with the intention to deceive ACL, ACL has the right to report such matter to the
appropriate local law enforcement authorities without any notice.

 

5.5           ACL shall bear no liability and shall not compensate any losses or defects suffered by the
Client, if it is caused by third parties during any documents or matters sending to the Client.

 

5.6           ACL shall not be liable under any circumstances for any special, consequential, incidental or damages arising out of or in any way connected with this Terms of Service, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if ACL has been notified of the possibility of any claims. In no event shall ACL’s maximum liability exceed the total amount paid by the Client for the service or the product.

 

5.7           ACL reserves its right to amend any of the prices without prior notice. All Terms of Service
may change when deemed necessary.

 

B(6)         Definitions and Interpretations:

                  6.1           In this Terms of Service, unless there is something in the subject or context inconsistent
with such construction or unless it is otherwise expressly provided:-

  • words importing the masculine gender only shall include the feminine and neuter genders;
  • words in the singular number only shall include the plural number and vice versa;
  • words applicable to natural persons only shall include any body or persons firm or partnership corporate or unincorporated;
  • the headings are inserted for convenience only and shall not affect the construction of this Terms of Service; and
  • the expression “Hong Kong Dollar” and the abbreviation “HKD” shall mean the lawful currency of Hong Kong Special Administrative Region.

 

B(7)         Severability:

 

                  7.1           Each clause and sub-clause of this Terms of Service shall be independently interpreted and
enforceable. If any clause or sub-clause of this Terms of Service is declared void, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remainder shall survive
unaffected.

 

B(8)         Force Majeure:

8.1           Neither party shall be liable to the other for delays or failures in performance for causes
beyond the reasonable control of that party, including but not limited to, labor disputes,
strikes or disturbances, material shortages or rationing, civil commotion, riots, war, acts of
god, governmental regulations, communication or utility failures.

 

B(9)         Data Protection and Confidentiality:

 

                  9.1           Both ACL and the Client shall comply with the Personal Data Privacy Ordinance (Cap.486), as
amended from time to time, and any applicable date protection legislation, regulations,
codes of practices, or guidelines which may subsequently be introduced.

 

9.2           The Client acknowledges and agrees that both personal data and company data may be processed as a result of the services being provided by ACL.

 

9.3           The Client and ACL each agree and undertake that during the terms of this service and
thereafter it will keep confidential and will not use for its own purposes or without the prior
written consent of the other party disclose to any party any and all information concerning
the terms of this service.

 

9.4           Each party undertakes to the other to take all reasonable steps as shall from time to time be
necessary to ensure compliance with the provision of 7.3 by its employees, agents,
contracts, sub-contractors and affiliated companies.

 

B(10)      Governing Law:

 

                  10.1        This Terms of Service shall be governed by the laws of Hong Kong Special Administrative
Region and the parties hereby mutually agree to submit to the jurisdiction of the Court of
Hong Kong Special Administrative Region.