Terms and Conditions for The BOOM HK
Terms and Conditions
By applying for or using our (“Boom Accounting”, or “Boom”) services “you” and any entity, and the shareholders, directors, officers, employees and users of any such entity, which you may set up using our services, and any user delegated by any of the aforesaid person, of our services are deemed to have agreed to our terms and conditions, together referred to as the User..
Our services. Further defined below, include a range of cloud-based corporate services and corporate solutions primarily for incorporation and management and corporate governance of companies in Hong Kong.
“User” also includes:
- any company identified during registration through our online platform, incorporated using our platform, or transferred into our platform for company management services.
- any individual or company which has registered on our website.
“User” means any person using the website whether on his or her own behalf or on behalf of a third party.
The Services include, but are nor limited to the following:
- company incorporation;
- provision of a registered office address, and correspondence forwarding;
- maintenance of statutory registers, preparation of resolutions, and filing of required information, including but not limited to changes of address, shareholder, capital, directors, company name, with the appropriate government bodies in compliance with local statutory rules;
- provision of accounting services, including, but not limited to preparation of management accounts provided that full supporting accounting information has been provided.
- provision of payroll services, including, but not limited to:
- salary calculation;
- monthly submission to selected Mandatory Provident Fund (MPF) providers; ;
preparation if IR56 reports;
- provision of tax services, including, but not limited to preparation of tax computation and tax return for the Company’s approval and submission.
However, Boom does not provide legal or other formal advice and no such reliance shall be placed on any information provided by Boom whether through our platform or by any other means.
- Boom shall have no liability to the User for any loss of damage, including but not limited to indirect or consequential loss, arising from the provision of the Services. If in doubt, these Terms and Conditions, as may be emended from time to time, shall prevail.
- Furthermore, Users shall indemnify Boom against any and all actions, judgements, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever incurred by Boom in the course of and pursuant to its duties and obligations in relation to the Services.
- Registration in the Boom platform is deemed to be acceptance of Boom’s Terms and Conditions.
- By registering, the User warrants that they will provide complete, accurate and timely information requested by Boom, and shall update such information promptly without the need for Boom to have requested it.
- Boom may at any time suspend or discontinue the Services for technical reasons, although it will make best efforts to avoid such suspension or discontinuance.
- Boom may suspend the Services due to force majeure, including but not limited to epidemics, strike, blockade, war, acts of terrorism, riot, natural disaster, flooding, typhoon, or power failure, and shall not be liable for any delay, loss or damage resulting therefrom..
Confidentiality
All information exchanged or received under this agreement or in the performance of the Services shall be defined as Confidential Information, save for information that: is or has already been made publicly available or was already known by the other Party without breaching these Terms by the receiving party; arose independently of the disclosing party; or was lawfully received by the receiving party from a party with no obligation of confidentiality.
Such Confidential Information includes any or all information exchanged in the offering and performance of the Services, and may not, without the express prior written permission of the other party, or as required by law, be disclosed in any form to any Third Party.
The receiving party may, however, disclose the disclosing party’s Confidential Information to its employees, affiliates, consultants, subcontractors, agents, or advisors to the extent that they need to access the Confidential Information for the purpose of performing their obligations to the receiving party.
The receiving party shall make best efforts to ensure that the recipients of the information identified in the previous paragraph shall observe to same confidentiality requirements as the receiving party itself.
Intellectual Property (IP)
Boom’s logo, design, software, processes and procedures are hereby stated as being Boom’s IP and all rights over this IP are hereby reserved.
Payment Terms
- Payment shall be in advance for the package selected by the User on the Boom website.
- The price, features and options of SLEEK Services depend upon the Subscription Plan selected by the User.
- Subscription packages will be automatically renewed 30 days before the end of the applicable subscription period, and Boom is authorised to charge the User through the User’s normal payment method with Boom accordingly unless the User has given written notice to cancel its subscription before the end of the applicable subscription period.
- Payment of Boom’s fees does not guarantee provision of the Services if, for example, the User does not pass Boom’s Customer Due Diligence Process, or does not provide any information requested by Boom.
- Prepaid fees will be refunded provided that no work has been carried out by Boom. However, where work has not commenced because the User did not provide information necessary to commence or perform the Services, then there shall be no refund.
- In the event of late payment, the Services may be suspended, delayed or withheld.
Limitation of Liability
Boom, its directors, officers and employees disclaim all liability arising from the provision of the Services or the User’s use of the Boom platform.
The Boom platform provides a means of processing documents for Users’s own use and no warranty, representation, guarantee or assurance is provided as to their fitness for use by the User, their accuracy, their completeness or their consistency.
In the event of any liability to any User, this shall be capped, per User, at the lower of HK$10,000 or to the total amount paid by the User to Boom for the services provided over the previous 12 months, whichever is lower. Notwithstanding this, Boom reserves the right, at the User’s expense, to assume control over any legal matter arising for which the User is asked to indemnify Boom, and the User agrees to cooperate, at his/her sole expense, with defence of such claims.
Indemnity
The User agree to indemnify and hold Boom (and/or its affiliates, officers, directors and employees) harmless from and against all liabilities, damages, claims, cists (including legal fees and costs), and expenses in connection with or arising from use of the Boom platform, breach of these Terms and Conditions and any misrepresentations made by the User.
Termination
Either party may terminate any Boom Services by giving at least thirty (30) days’ written notice to the other party.
Notwithstanding the foregoing, Boom may immediately terminate the Services upon written notice to the User for any legal or professional reasons within its absolute discretion. provided that the User may be given a refund of the Fees.
If the User wants to terminate the Services before the expiry date of the Services, because of alleged and clear negligence and/or material default by Boom, then Boom shall refund the balance of the current annual services fees. No refunds shall be given under any other circumstances.
Privacy
By using Boom’s platform and Services you acknowledge and agree that Internet transmissions are never completely private or secure, and that any message, data (including personal data), or other information may be read or intercepted by others, and by accepting the Terms and Conditions and by using Boom’s Services, the User accepts this risk.
Variation, Waiver and Severability
These Terms may be varied by Boom from time to time. Omission to enforce these Terms and Conditions does not constitute a waiver. Unenforceability of any term or terms shall not result in the unenforceability of any remaining terms.
Third-party Rights
No rights shall pass to third parties by virtue of the Hong Kong: Contracts (Rights of Third Parties) Ordinance..
Governing Law
These Terms shall be governed by Hong Kong law and the exclusive jurisdiction of the Hong Kong courts. Dispute Resolution.