Terms & Conditions

1. Definitions

"Agreement" means these Terms and Conditions, along with any engagement letter or service agreement.

"Services" means the business consulting services provided by Kinetic Advisory.

"Client" or "You" means the individual or organization engaging our services.

"We," "Us," or "Our" means Kinetic Advisory.

"Website" means {{DOMAIN]}} and all associated pages and content.

2. Acceptance of Terms

By accessing our website or engaging our consulting services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website or services.

These terms constitute a legally binding agreement between you and Kinetic Advisory. You represent that you have the authority to enter into this agreement on behalf of yourself or your organization.

You must be at least 18 years of age and have the legal capacity to enter into contracts to use our services or website.

3. Service Description

Kinetic Advisory provides professional business consulting services in the areas of strategic planning, operational efficiency, and leadership development. Specific services and deliverables are defined in individual engagement letters or service agreements.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of significant changes that affect existing client engagements.

Our services are provided on a project basis as described in engagement agreements. We do not provide ongoing management, implementation, or operational support unless specifically agreed in writing.

4. Engagement Process

4.1 Service Agreements

Each consulting engagement begins with a written agreement that specifies: scope of services, deliverables, timeline, fees and payment terms, and any specific terms relevant to the engagement. Both parties must sign this agreement before work commences.

4.2 Client Responsibilities

Clients are responsible for: providing accurate and complete information, granting reasonable access to personnel and facilities, responding to inquiries in a timely manner, and making decisions within agreed timeframes. Delays caused by client failure to meet these responsibilities may affect project timelines and deliverables.

4.3 Our Responsibilities

We commit to: performing services with reasonable care and professional competence, maintaining confidentiality of client information, delivering agreed services and deliverables within specified timeframes, and communicating openly about project progress and any challenges encountered.

5. Fees and Payment

5.1 Service Fees

Our consulting services are priced as fixed project fees as specified in individual engagement agreements. Fees are quoted in Hong Kong Dollars unless otherwise agreed. All fees are exclusive of applicable taxes, which will be added to invoices as required by law.

5.2 Payment Terms

Payment terms are specified in engagement agreements. Typical arrangements include: an initial payment upon agreement signing, progress payments at specified milestones, and final payment upon project completion. Invoices are due within 30 days of issue unless otherwise agreed.

5.3 Late Payment

Late payments may be subject to interest charges at 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services if payment terms are not met.

5.4 Expenses

Project fees include normal business expenses. Extraordinary expenses such as extensive travel outside Hong Kong or specialized research requiring third-party fees will be discussed and approved before being incurred.

6. Intellectual Property

6.1 Our Intellectual Property

We retain all rights to our proprietary methodologies, frameworks, tools, and pre-existing intellectual property used in providing services. This includes analytical approaches, assessment templates, and general business knowledge.

6.2 Work Product

Upon full payment, clients receive a non-exclusive license to use deliverables created specifically for their engagement for internal business purposes. This does not include the right to reproduce our methodologies for commercial purposes or share with third parties without our written consent.

6.3 Client Information

Clients retain ownership of all data, information, and materials they provide to us. We may retain copies as necessary for our records and professional compliance obligations.

7. Confidentiality

We maintain strict confidentiality regarding all client information, business affairs, and proprietary data disclosed during engagements. This obligation extends beyond the term of individual projects and applies to all our personnel.

Confidentiality obligations do not apply to: information already in the public domain, information independently developed without reference to client materials, information required to be disclosed by law or regulatory requirement, or general business knowledge and experience gained through providing services.

We may reference general information about engagements in aggregate form for business development purposes, but will not identify specific clients or disclose confidential details without written permission.

8. Disclaimers and Limitations

8.1 Service Limitations

Our consulting services provide advice and recommendations based on information available and analysis conducted. We cannot guarantee specific business outcomes or results. Implementation of recommendations remains the client's responsibility and discretion.

8.2 Professional Advice Disclaimer

Our services constitute business consulting and strategic advice. We do not provide legal, accounting, or financial advisory services. Clients should consult appropriate licensed professionals for matters requiring such expertise.

8.3 Information Accuracy

Our recommendations are based on information provided by clients and publicly available sources. We rely on client representations regarding accuracy and completeness of information. We are not responsible for decisions based on inaccurate or incomplete information.

8.4 Website Disclaimer

Website content is provided for informational purposes. While we strive for accuracy, we make no warranties regarding completeness or currentness of website information. Website content does not constitute professional advice for specific situations.

9. Limitation of Liability

To the maximum extent permitted by Hong Kong law, our total liability for any claims arising from consulting services is limited to the fees paid for the specific engagement giving rise to the claim.

We are not liable for indirect, consequential, special, or punitive damages including lost profits, business interruption, or loss of business opportunities, even if advised of the possibility of such damages.

These limitations do not apply to liability that cannot be excluded by law, including liability for fraud, gross negligence, or willful misconduct.

10. Termination

10.1 Termination by Client

Clients may terminate engagements with written notice. Upon termination, clients remain responsible for payment of: fees for work completed to the termination date, expenses incurred, and any termination charges specified in the engagement agreement.

10.2 Termination by Us

We may terminate an engagement with 14 days written notice if: payment terms are not met, the client materially breaches the agreement, we determine a conflict of interest exists, or circumstances make it impractical or inappropriate to continue.

10.3 Effect of Termination

Upon termination, we will provide work product completed to that point, subject to payment of amounts due. Confidentiality obligations survive termination indefinitely.

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt resolution through good faith discussions between senior representatives of each party.

11.2 Mediation

If informal discussions do not resolve the matter within 30 days, parties agree to pursue mediation through a mutually acceptable mediator in Hong Kong before initiating formal legal proceedings.

11.3 Governing Law

These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. Both parties submit to the exclusive jurisdiction of Hong Kong courts.

12. General Provisions

12.1 Entire Agreement

These terms, together with any engagement letter or service agreement, constitute the entire agreement between parties regarding the subject matter and supersede all prior discussions or agreements.

12.2 Amendments

We may update these Terms and Conditions periodically. Material changes will be communicated to active clients. Continued use of services after changes constitutes acceptance of updated terms.

12.3 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

12.4 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision. Waivers must be in writing to be effective.

12.5 Assignment

Neither party may assign rights or obligations under this agreement without the other party's written consent, except that we may assign to a successor entity in the event of a merger or acquisition.

12.6 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, pandemic, government actions, or infrastructure failures.

13. Contact Information

For questions about these Terms and Conditions or to discuss service agreements, please contact us: