Terms & Conditions
For all Projects
The Terms and Conditions governing the obligations and liabilities of Hwang Concepts Limited (“Hwang Concepts”) and “the Client” are those set out hereunder together with the terms and conditions set out in the Agreement signed by Hwang Concepts and the Client.
1. Additional Services
The fees quoted in the Agreement are for professional fees for the work specified. Any revisions or additions to these specifications may result in an increase in fees. The Client is responsible for and will be invoiced for expenses incurred by Hwang Concepts which are additional to those set out in the Agreement. Such additional expenses will be billed to the Client on a regular basis at an hourly rate or as such agreed upon with the Client.
Typical out-of-pocket expenses may include, but are not limited to, the following:
- International Courier Services
- Color Proofing
- Printer / Manufacturer Costs
- Research Materials & Art Supplies
- Travel & Transportation
- Illustration & Photography (including retouching and processing/resizing images)
- Photocopies / Color Laser Copies and printouts
- Translation & Copywriting
2. Outside Suppliers
Where Hwang Concepts supervises or coordinates the services of an outside supplier for such matters as research, special photography, illustration, rendering, translation, model making, etc. for the Client, Hwang Concepts will submit a quotation for the Client’s approval before commissioning any such work.
3. Rush Work
The schedule listed in the Agreement is the minimum amount of time required for the scope of the program of work to be done by Hwang Concepts. Any suspension or delay in the program by the Client will result in a revision of the schedule. If the Client requests the program to be completed in less time or outside normal working hours a surcharge may be levied. The Client will be notified in advance of such a charge.
Travel expenses in connection with work sessions, field audits, presentations and meetings in locations other than in Hong Kong are not included in the budgets quoted in the Agreement (unless otherwise specified). All expenses related to travel on behalf of the Client will be charged to the Client at cost. The Client will be notified in advance if travel is required and an estimate of the expenses involved will be provided on request as a rough guide only. For the avoidance of doubt however the actual amount of the expenses incurred will be invoiced to the Client.
Typical travel expenses may include, but are not limited to, the following: business class airfare; ground transportation; hotel accommodation; subsistence; airport tax and any other incidental expenses as required.
5. Legal Advice etc.
Legal advice relating to trademark searches, name checks, and design registration are not included in the budgets or scope of work quoted in the Agreement. The responsibility for such matters, as well as for the costs and expenses relating thereto, rests solely with the Client.
Unless otherwise indicated in the Agreement (or signed quotation), full payment of the fee for each stage of the program of work is required to be paid before commencement of the next stage (which in the event of cancellation during that stage is non-refundable).
a. Invoices are payable in the currency specified in the Agreement. All invoices are payable upon presentation.
b. Interest, at the rate of 8% per month (unless otherwise specified on the invoice), will be charged on any invoices more than 4 weeks late.
c. The fees set out on the Agreement are net insofar as they represent the amount payable to Hwang Concepts after payment of any stamp duties, levies bank charges and taxes (other than profits tax under the Laws of Hong Kong) which shall be borne by the Client. The Client shall further bear payment of all charges imposed by the regulatory authorities of the Client’s locale without any claim for set off whatsoever.
d. Payment terms will differ from project to project, depending on scope and length of project. Please refer to the signed contract for your specific project payment terms.
8. Professional Policy
a. Confidentiality. Hwang Concepts will make every effort to maintain the strictest confidence concerning any materials, plans or policies divulged to Hwang Concepts in the course of its relations with the Client. For the avoidance of doubt however Hwang Concepts reserves the right to use the image of the final design selected by the Client in Hwang Concepts’s own self-promotional material unless the Client expressly objects to the same such objection to be raised in writing and delivered to Hwang Concepts no later than the time of the selection of the final design by the Client. Usage by Hwang Concepts in accordance with the above terms shall not constitute a breach of copyright in the event that this has been assigned to the Client pursuant to sub-clause (b) hereof.
b. Copyright in Final Design. Ownership of the copyright in the final design prepared by Hwang Concepts and selected by the Client shall be given to the Client.
c. Copyright in Development Material. All designs and materials developed by Hwang Concepts in the course of the project prior to the final design (and not being identical to it) shall remain the property of Hwang Concepts who shall retain the copyright in the same.
d. Hwang Concepts’ Artwork etc. All artwork, proofs, films, negatives and computer files used by Hwang Concepts to produce the final form of the design (whether it be for a name, mark or any other item whatsoever) shall remain the property of Hwang Concepts in the absence of any agreement to the contrary between the parties.
e. Artwork other than Hwang Concepts’. Copyright in photographs, illustrations and original works of art not created by Hwang Concepts shall be retained by the creators of the works concerned. Subject to the agreement of the creators concerned the right to use such images may be granted to the Client for a fee to be negotiated with the creator. For the avoidance of doubt however the fee so negotiated shall be for the user of the image on one occasion only, for example in one issue of a regular publication, unless expressly agreed to the contrary.
f. Copyright of Third Parties. The logo designs created by Hwang Concepts are so created in the belief that they do not infringe upon the rights of others. However Hwang Concepts cannot warrant that its Client will be free from liability with regards to claims by others due to the complexity of the laws and regulations governing such rights and the virtual impossibility of searching names and designs worldwide without incurring considerable expenditure on behalf of the Client. The Client shall indemnify Hwang Concepts from all liability in respect of such claims and recommends that the Client consults its own legal counsel as to both availability, user, and registerability of the proposed designs, logos, identities and other materials.
g. Images supplied by the Client. Hwang Concepts accepts no responsibility for obtaining the right to use images supplied by the Client. The Client assumes full responsibility for securing the right to use these images.
h. Non-exclusivity. The Client recognizes and agrees Hwang Concepts may currently provide, may have provided in the past, and may in the future provide, services to other firms corporations and organizations including those directly competing with the Client.
a. Acceptance. The offer of services at the fees quoted by Hwang Concepts remains open for a period of 30 days from the date that the written proposal is sent out to the Client. Hwang Concepts reserves the right to amend or vary fees or service details on acceptance communicated to it after the said period.
b. Modifications. If it is necessary for the Client to modify the scope of the project at any time during its course, or to suspend or delay the program of work beyond a period of sixty (60) days (or where the Agreement in this regard provides for a period other than 60 days then such period as is therein specified) after the date agreed for the completion of the program of work or the relevant step thereof, as the case maybe, Hwang Concepts reserves the right to review the fees quoted and the services described and to charge for any increase in costs accordingly.
c. Client Approvals. Clients are asked to proof-read carefully and given approval at each stage of design, final artwork and final proofs prior to production. No production/printing will be undertaken without the Client’s explicit approval. Additional charges may be incurred if there are any changes to specifications of a step or a part of a step of a program of work after the Client has approved that step. Such changes may result in delay in the date of delivery in which event Hwang Concepts shall not be liable to the Client for any loss arising therefrom.
d. Cancellation. If it is necessary for the project to be cancelled at any time for any reason during the course of the program of work such cancellation by the Client shall not be valid unless communicated in writing to and received by Hwang Concepts whereupon the Client will be charged for the full professional and production fees of the fee stage of the project reached. Any deposit payment will not be refunded. The Client shall be responsible for full reimbursement to Hwang Concepts of all approved outside supplier’s costs and other expenses incurred or in respect of which Hwang Concepts has committed itself to liability prior to receipt of the cancellation notice.
e. Delay. Hwang Concepts will endeavor to meet the schedule listed in the Agreement but will not be liable in the event that the program of work is delayed due to circumstances beyond Hwang Concepts’ control. If project schedule is delayed more than 2 months, Hwang Concepts reserves the right to requote.
f. Full Disclosure. The fees listed in the Agreement have been calculated on the basis that the Client has made full disclosure of its requirements and of all potential problems that may exist.
g. Sub-contracting etc. For the avoidance of doubt, it is understood by the Client that the work being undertaken will be services carried out either by Hwang Concepts or undertaken on behalf of Hwang Concepts by outside suppliers and that Hwang Concepts’ only liability in respect thereof shall be as follows:
(i) In the event of services supplied by Hwang Concepts being proven not to have been carried out to a reasonable standard, or alternatively where both parties hereto agree that such is the case, Hwang Concepts’ maximum liability shall be to carry out such additional services as are reasonably necessary to rectify to the agreed standard; and
(ii) In the event of the work undertaken by outside supplier(s) being proven not to have been carried out to a reasonable standard, or alternatively where both the parties hereto agree that such is the case, then Hwang Concepts’ maximum liability shall be to procure that such suppliers carry out such additional services as are reasonably necessary to rectify to the agreed standard.
10. Entire Agreement
The terms and conditions stated herein, together with the Agreement signed by the Client and Hwang Concepts shall constitute the entirely of the terms agreed by the parties hereto and any variation or termination of the same shall be valid only if agreed in writing and signed by each of the parties hereto.
In the event of any conflict between the terms of the Agreement and these Terms and Conditions, these Terms and Conditions shall prevail unless express provision to the contrary is made in the Agreement.