Terms and Conditions

These Terms and Conditions govern the provision of consulting services by Leiwe & Partners ("the Firm," "we," "us," or "our") to our clients ("the Client" or "you"). By engaging the Firm for any consulting services, the Client agrees to be bound by these Terms and Conditions. These terms shall be read in conjunction with the specific engagement letter, which will detail the precise scope of services, fees, and timelines for each project. In the event of any conflict between these Terms and a specific engagement letter, the terms of the engagement letter shall prevail.

Scope of Services and Client Responsibilities

The specific nature and scope of the consulting services to be provided by the Firm will be fully defined in the separate Engagement Letter or contract signed by both parties. The Firm will perform the services with reasonable care, skill, and diligence. We will rely on the information and data provided by the Client. The Client acknowledges that the success of the consulting engagement is dependent on the timely and complete provision of information, access to personnel, and decisions by the Client. The Client is responsible for ensuring the accuracy and completeness of all data and information furnished to the Firm, including any Protected Health Information (PHI) or personal data, and for its own management decisions and implementation of any recommendations made by the Firm.

Fees, Billing, and Payment

Fees for the services will be set out in the Engagement Letter. The Client agrees to pay the Firm's fees and any agreed-upon expenses as detailed in the invoices. Unless otherwise specified, all invoices are due and payable within a defined period, typically 30 days from the date of the invoice. The Firm reserves the right to charge interest on overdue amounts at the maximum rate permitted by Hong Kong law. If the Client requires the Firm to incur out-of-pocket expenses, the Firm will seek prior approval for all material expenses, and the Client agrees to promptly reimburse the Firm for these reasonable and properly documented expenses. Should the scope of services materially change during the engagement, the Firm and the Client will negotiate and agree to a revised fee structure or an addendum to the Engagement Letter before proceeding.

Intellectual Property and Confidentiality

All original materials, analyses, reports, methodologies, and deliverables created by the Firm specifically for the Client under an engagement are the property of the Client upon full and final payment of all outstanding invoices relating to that engagement. However, the Firm retains all intellectual property rights in its proprietary methodologies, tools, know-how, and general consulting expertise used in the delivery of the services. Both the Firm and the Client agree to treat as strictly confidential all non-public, proprietary, or sensitive information received from the other party during the engagement. This obligation of confidentiality shall survive the termination of the engagement.

Data Protection, Compliance, and Liability

We are committed to full compliance with the Hong Kong Personal Data (Privacy) Ordinance (PDPO), the GDPR, and HIPAA where applicable. The Client acknowledges and agrees to the data processing practices outlined in our Privacy Policy and Personal Information Collection Statement. The Firm will maintain appropriate safeguards to protect any personal data or PHI shared by the Client, acting in accordance with our legal obligations. Our total aggregate liability to the Client for any claim, loss, or damage arising out of or in connection with the services, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid by the Client to the Firm for the specific services that gave rise to the claim. In no event shall the Firm be liable for any indirect, special, punitive, or consequential losses or damages, including loss of profit or goodwill.

Termination and Governing Law

Either the Firm or the Client may terminate the consulting engagement by providing 30 days written notice to the other party, or immediately if the other party breaches a material term of the agreement or becomes insolvent. Upon termination, the Client shall pay the Firm for all services performed and expenses incurred up to the effective date of termination. These Terms and Conditions and any Engagement Letter shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any dispute, controversy, or claim arising out of or relating to this engagement shall be subject to the exclusive jurisdiction of the courts of Hong Kong.