This Terms of Services is entered into by and between Crown Relocations and you (“Customer”, “you” or “your”) (“Agreement”). You must read, agree with, and accept all of these terms and conditions in this Agreement. By using or procuring Crown Relocations’ service, you are bound by this Agreement and you indicate your continued acceptance of this Agreement.
1 Definitions and interpretation
1.1 In this Agreement, each of the following words and expressions shall have the following meaning
Affiliate means an entity owned by, controlling, controlled by, or under common control with, directly or indirectly, Crown Relocations. For this purpose, control means the power, directly or indirectly, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise;
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for normal banking business in the jurisdictions in which the Services are to be performed;
Crown Relocations Any Affiliate of Crown Worldwide Holdings Limited which provides Services to the Customer;
Force Majeure means, in relation to either party, any circumstances beyond the reasonable control of that party including without prejudice to the generality of the foregoing any act of God, act or regulation of any governmental or supra-national authority, war or national emergency, acts of terrorism, embargoes or delays in transportation, accident, epidemic, fire, flood, riot, strike, lock-out, or other form of industrial action (but for the avoidance of doubt, shall not include any strikes, lock-out or industrial action affecting the personnel of the affected party);
Insolvency Event means, one or more of the following events affecting a party to the Agreement (an “Affected Party”):-
(i) the Affected Party becomes unable to pay off its debts or is deemed to be unable to pay its debts as defined under the Applicable Laws;
(ii) the Affected Party enters into liquidation either compulsory or voluntary (save for the purposes of a solvent reconstruction or amalgamation) or a provisional liquidator is appointed in respect of the Affected Party;
(iii) an administrator, administrative receiver, receiver or manager, liquidator or similar officer is appointed in respect of the whole or any part of the Affected Party’s assets (save for the purposes of a solvent reconstruction or amalgamation);
(iv) a petition for a bankruptcy or winding-up order is presented against the Affected Party; or
(v) the Affected Party proposes to enter or enters into any composition or arrangement with its creditors generally or any class of creditors;
Quotation
means the quotation issued by Crown Relocations and accepted by the Customer which this Terms of Service is attached to (if any);
Services means any or all services Crown Relocations offers at any time; and
Website means Crown Relocation’s website through which the Services are made available (if applicable).
1.3 In the interpretation of this Agreement or any part of it, no rule of construction shall apply to the disadvantage of any party on the basis that that party (i) prepared this Agreement or any part of it; or (ii) seeks to rely on this Agreement or any part of it.
2 Quotations
2.1 All quotations given and all agreements made by Crown Relocations are subject to the terms and conditions contained herein. Any terms and conditions referred to by the Customer or contained in any order or acceptance of quotation or otherwise brought to the notice of Crown shall not be incorporated into or be construed to amend the terms of this Agreement.
3 Fees, invoicing and payment
3.1 In consideration of the Services performed by Crown Relocations, the Customer agrees to pay Crown Relocations the fees in respect of the Services to be provided hereunder, as set forth on the Website or the Quotation, whichever applies (“Fees”).
3.2 The Customer shall pay the Fees in the currency as indicated on the Website or the Quotation, whichever applies.
3.3 The Customer shall pay the Fees in advance. Crown Relocations is not obliged to commence performing Services until the Customer has paid the relevant Fees in full.
3.4 Every payment payable by the Customer under this Agreement shall be made in full without any set-off or counterclaim howsoever arising and shall be free and clear of, and without deduction, or withholding for or on account of, any amount which is due and payable from Crown Relocations under this Agreement. In the event the Customer is required by law to make such a payment subject to the deduction or withholding of taxes, in which case the sum payable by the Customer shall be increased to the extent necessary to ensure that Crown Relocations receives a sum net of any deduction or withholding equal to the sum which Crown Relocations would have received had no such deduction or withholding had been made or required to be made.
3.5 The Fees are exclusive of the taxes, including without limitation, sales tax, consumption tax, value added tax, goods and services tax, which shall be payable by the Customer.
3.6 Crown Relocations shall be entitled to amend the Fees set forth on the Website from time to time at its sole discretion.
3.7 In the event the Customer cancels any ordered Services, Crown Relocations will not refund any Fees paid by the Customer for such Services.
3.8 Without prejudice to any other rights or remedies that Crown Relocations may have, if the Customer fails to pay any sums on the due date, Crown Relocations shall be entitled to:
3.8.1 charge interest on all outstanding amounts due and owing calculated at the rate of 4% per annum subject to any maximum rate prescribed under applicable law, calculated on a daily basis, from the date of default of payment until the date of full payment of the outstanding amount; and/or
3.8.2 withdraw the provision of Services without affecting any of its rights under the terms of this Agreement.
4 Term and termination
4.1 Crown Relocations may terminate this Agreement for convenience at any time by giving the Customer prior written notice. In such event, Crown Relocations will refund any pre-paid Fees to the Customer for Services not performed as at the date the Agreement is terminated.
4.2 Either party may terminate this Agreement with immediate effect on giving written notice to the other party (the “Defaulting Party”) upon the occurrence of any of the following events:
4.2.1 material breach by the Defaulting Party of this Agreement (being a single event or a series of events which are together a material breach) which is either not capable of being remedied, or, if the breach is capable of being remedied, the Defaulting Party fails to remedy such breach within fifteen (15) days of receiving written notice requiring it to do so; or
4.2.2 the Defaulting Party is affected by an Insolvency Event.
5 Data protection
5.1 Each party shall, at all times, comply with its obligations under all applicable laws relating to data protection and personal data that are processed by it in the course of performing its obligations under this Agreement.
5.2 The parties acknowledge that the Customer has provided written consent to Crown Relocations and its Affiliates to use, process and transfer personal data of the Customer and other individuals in the Customer’s households for whom Services will be rendered, in the manner as described in the consent form signed by the Customer. Such written consent shall be deemed incorporated into this Agreement.
6 Liabilities
6.1 Subject to clauses 6.3 and 6.4, the liability of Crown Relocations, whether arising from any misrepresentation, default, act, omission or negligence on the part of Crown Relocations or otherwise arising under or in connection with this Agreement and/or the performance of Services shall not exceed the service fees payable in respect of that particular Service to which the cause of action relates to.
6.2 Subject to clauses 6.3 and 6.4, in respect of any claims not anticipated at clause 6.1, the liability of Crown Relocations shall be limited to the sum equivalent to the total service fees paid by the Customer to Crown Relocations in the twelve (12) month period immediately prior to the date on which the cause of action first arose.
6.3 Neither party will be liable to the other party (or to any person or entity claiming through such other party) for such party’s (or such person’s or entity’s) loss of profits, special, incidental, indirect, consequential or exemplary damages, in each case whether arising from negligence, breach of contract or otherwise, and whether or not such party has been informed of, or otherwise might have anticipated, the possibility of such damages.
6.4 Neither party limits or excludes its liability: (i) for fraud; (ii) for death or personal injury caused by its negligence; and (iii) to the extent such limitation or exclusion is not permitted by law.
6.5 Neither party to this Agreement shall have any liability whatsoever or be deemed to be in default for any delays or failures in performance under this Agreement resulting from any occurrence of an event of Force Majeure provided that this shall not apply to relieve the Customer of any payment obligation in respect of Services rendered. The occurrence or existence of any event of Force Majeure shall as soon as is reasonably practicable be notified by the party affected thereby to the other. The affected party shall use reasonable endeavours to remedy the effects of the said event of Force Majeure.
7 Notices
7.1 The Customer hereby consents to receive communications and notices from Crown Relocations via the contact information the Customer has submitted to Crown Relocations through the Website or as specified in the Quotation, whichever applies. Any notices by the Customer to Crown Relocations must be in writing to the contact information specified on the Website or the Quotation, whichever applies.
7.2 Any notice shall be served either personally or by sending it by express mail or by email. Any notice shall be deemed to have been served: (i) if served personally, when delivered; (ii) if sent by post, two (2) Business Days after it is posted in the same jurisdiction as the recipient or five (5) Business Days after it is posted if to another jurisdiction; or (iii) if sent by email, one (1) Business Day after the email is sent without any receipt of any delivery failure notification.
7.3 The Customer shall promptly notify Crown Relocations of any changes in the Customer’s contact details. In the event the Customer fails to notify Crown Relocations of any change in details, Crown Relocations shall be entitled to rely on the Customer’s most recent details as shown on Crown Relocations’ records.
8 General
8.1 Nothing in this Agreement shall create, or be deemed to create, a joint venture, partnership, agency, or the relationship of employer and employee between the parties hereto. Crown Relocations and the Customer are independent contractors with respect to one another under the terms of this Agreement and neither party shall represent itself as having any power or authority to act for, bind or commit the other.
8.2 Crown Relocations shall have the right to subcontract the performance of any of its obligations under this Agreement to any Affiliate or third party.
8.3 The Customer shall not be entitled to assign (whether by way of a legal or equitable assignment), novate, transfer or otherwise deal with its rights and obligations arising under or in connection with this Agreement without the prior written consent of Crown Relocations. Crown Relocations shall be entitled to assign its rights and obligations to its Affiliates provided prior written notice has been given to the Customer, and Crown Relocations shall not be prevented from engaging subcontractors to perform any of the Services.
8.4 No failure by a party in exercising any right, power or privilege hereunder shall constitute a waiver by that party of any such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise of any such right, power or privilege. No waiver in connection with this Agreement shall be effective unless it is in writing and is duly signed by or on behalf of the party granting it.
8.5 This Agreement represents the entire understanding, and constitutes the whole agreement, in relation to its subject matter and supersedes any previous agreements and arrangements between the parties with respect thereto.
8.6 In the event that any part (including any sub-clause or part thereof) of this Agreement shall be void or unenforceable by reason of any applicable laws, it shall be deleted and the remaining parts of this Agreement shall continue in full force and effect.
8.7 All parties agree that Crown Relocations’ Affiliates shall be, and is hereby named as third party beneficiaries of this Agreement, with full rights as such. Except as set out in this Agreement, a person who is not a party to this Agreement has no rights to enforce any term of this Agreement. If a person who is not a party to this Agreement is stated to have the right to enforce any of its terms, the parties may rescind or vary this Agreement (and any documents entered into pursuant to or in connection with it) without the consent of that person.
8.8 Crown Relocations reserves the right to amend the terms and conditions of this Agreement from time to time and it is the Customer’s responsibility to review these terms and conditions on each occasion the Customer procures Services from Crown Relocations. Any changes to these terms and conditions made after the Customer’s acceptance will not apply retrospectively.
9 Governing law and jurisdiction
9.1 This Agreement and any dispute or claim arising out of, or in connection with, it (whether contractual or non-contractual in nature) shall be governed by, and construed in accordance with, the laws of Hong Kong. The courts of Hong Kong shall have non-exclusive jurisdiction in relation to any claim, dispute or difference concerning this Agreement and any matter arising therefrom. Notwithstanding the foregoing, the submission to the jurisdiction of the courts of Hong Kong shall not (and shall not be construed so as to) limit the right of Crown Relocations to take proceedings against the Customer in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.
Immigration consultancy service
Note: Provision of this service by Crown Relocations is subject always to the Terms of Service which is made available on Crown Relocations’ website at. Terms defined in the Terms of Service shall, unless otherwise defined in this document or a contrary intention appears, bear the same meaning when used in this document.
This Service involves a one-to-one consultation between the Customer with an immigration expert at Crown Relocations which covers the following scope:
• Advice on immigration requirements such as work permits, dependent permits, etc..
• Counseling on the application process and documentation required for the application.
The Service will be conducted in the following manner:
1. Once the Customer has made payment for this Service, Crown Relocations will send the Customer a pre-assessment form to be completed. The Customer must, within six (6) months of receipt of the form, complete the form and email it to Crown Relocations at the e-mail address stated below to schedule an appointment for the consultation. The Customer must ensure that the completed form is received by Crown Relocations at least twenty-four (24) hours prior to the intended date and time of consultation.
2. Typically, the consultation will be conducted with one named recipient of the Service when order is placed through the Website or in the acceptance to the Quotation. Crown Relocations may, with the Customer’s written consent, conduct the consultation with another person designated by the Customer. Consultations can only be conducted with persons regarded as legal adults under the applicable laws. In the event consultation is required to be rendered to minors, such minors must be accompanied by their guardian during the consultation.
3. Consultations will be conducted during Crown Relocations’ business hours. Crown Relocations will make three attempts to schedule a time and date for the consultation to take place and Crown Relocations will request the Customer to confirm whether it wishes for the consultation to be conducted via telephone or video conference. If parties are not able to agree on a time and date for the consultation, Crown Relocations will refund the Fee pre-paid for the Service within thirty (30) days from date of Crown Relocations’ written notification to the Customer.
4. The Customer must notify Crown Relocations of any changes to the scheduled consultation at least one (1) business day prior to the scheduled time for the consultation.
5. Crown Relocations’ immigration expert will contact the Customer via the Customer’s chosen communication channel at an agreed time to provide consultation for a period up to one (1) hour.
6. If the connection fails during the first 45 minutes of the consultation, Crown Relocations will attempt to reschedule the consultation.
7. Crown Relocations will, no later than five (5) business days after completion of the communication with the Customer, provide a summary of the consultation rendered by Crown Relocations’ immigration expert.
Exclusion From Immigration Consultancy Service
This Service does not include the following:
1. Handling and processing of documentation, including: translation of documents, medical examinations, company registration, apostille or legalization of documents, procurement of documents such as police clearances/ background checks, degree, birth or marriage certificates, labour market tests, sponsorship license or quotas, education evaluations, local registration, de-registration/ cancellation of immigration documents, and entry visa consular support. The Customer may separately purchase these services from Crown Relocations in which case additional charges will be payable by the Customer in respect of such additional services.
2. Assistance on passport applications and renewals. Crown Relocations currently does not assist with passport applications and renewals. Crown Relocations may, on a case-to-case basis, agree to render advice on this subject matter.
3. In-person consultation, unless otherwise agreed by Crown Relocations in writing.
Specific Payment Terms
1. The Customer must pay the Fees in the currency as indicated on the Website or the Quotation, whichever applies. Crown Relocations may accept payment in an alternative currency if requested by the Customer provided that the Customer pays all additional exchange and handling fees which will be notified by Crown Relocations to the Customer prior to payment being made.
2. Any Fees paid for this Service are not transferable to any other services Crown Relocations provides.
3. Each Fee is valid for 6 months from the date payment of such Fee is made. The Customer must, within six (6) months of payment made, schedule an appointment for the consultation. If the Customer fails to schedule an appointment within the stipulated period, the Fee will be forfeited and will not be refunded to the Customer. Crown Relocations may, at its sole discretion, grant an extension of time.
4. In the event Crown Relocations fails to perform the Service in accordance to the terms of this Agreement, Crown Relocations will refund the full Fee for the Service within thirty (30) days from date of the Customer’s written notification of the service failure. Alternatively, Crown Relocations may, at its sole discretion, if requested by the Customer in writing, exchange the Fee as credit to be used to purchase another Service from Crown Relocations.
Assumptions and Qualifications
Any advice given by Crown Relocations as part of this immigration consultation Service is, to the best of its knowledge at the time of issue, correct. Decisions to act upon the advice given by Crown Relocations is undertaken at the Customer’s own risk. Delays to act upon the advice may impact the accuracy of the advice given by Crown Relocations. Crown Relocations accepts no responsibility for the actions of governments or regulatory bodies that impact the requirements of visa applications.
Crown Relocations does not provide any tax and/or legal advice to the Customer and Crown Relocations makes no representation as to the tax and/or legal consequence of any transactions in relation to this Service.