These Terms of Service set out the rules that apply when you use this website or engage the holding company administration and trade desk of Naiyide International Group Holdings Limited. Please read them before you send an enquiry or ask the desk to act on a matter.
Our office is at 12/F San Toi Bldg, 137-139 Connaught Rd C, Sheung Wan, Hong Kong - 999077, Hong Kong (HK). You may reach us by email at care@naiyidegroup.hair or by telephone on +17408677413.
If you do not agree with these terms, please do not use the website or ask the desk to act for you. Where you act for an organisation, you confirm that you are authorised to accept these terms on its behalf.
1. The Agreement
These terms form a binding agreement between you and Naiyide International Group Holdings Limited in relation to this website and the desk services. By using the website, sending an enquiry or instructing the desk, you accept these terms.
These terms apply alongside any written engagement note that the desk issues for a particular matter. Where the engagement note and these terms differ, the engagement note prevails for that matter, to the extent of the difference.
These terms replace any earlier terms published on this website. The version that applies to a matter is the version in force on the date the matter is accepted by the desk.
2. Definitions
In these terms, the company means Naiyide International Group Holdings Limited. The desk means the administration and trade desk operated by the company from its office at 12/F San Toi Bldg, 137-139 Connaught Rd C, Sheung Wan, Hong Kong - 999077, Hong Kong (HK).
The website means the pages published at www.naiyidegroup.hair. The services means the six standing desk services described on the Services page and any related work agreed in writing.
A matter means a specific task accepted by the desk for a client, recorded on a slip and carried through to a closing note. A client means the person or organisation that instructs the desk. Business hours means Monday to Thursday from 09:00 to 17:30 and Friday from 09:00 to 16:30, excluding public holidays and the lunch pause from 13:00 to 14:00.
3. Use of the Website
The website is provided for information about the company and its services. You may read, print and share the pages for your own business use, provided you do not alter the content or present it as your own.
You must not use the website in a way that interferes with its operation or with the ability of others to use it. In particular, you must not attempt to gain unauthorised access to any part of the site or its hosting environment, send automated requests that place an unreasonable load on the server, or introduce any code designed to damage or disrupt the site.
The contact form on the website prepares an email message in your own mail application. The desk is not responsible for the delivery of a message that your mail application fails to send, and a matter is not opened until the desk has received your instruction.
We may change, suspend or withdraw any part of the website at any time. We do not guarantee that the website will always be available or free from error, and we may correct errors when we find them.
4. The Desk Services
The desk provides six standing services: supplier liaison, sample consignment handling, group filing calendar maintenance, trade document checks, warehouse go-down bookings and annual return preparations. Each service has a written scope, a document list and a closing note, and the scope of a matter is agreed before work begins.
The desk works as administrator for the group and as a service provider to counterparties that deal with the group. It does not take ownership of goods, does not act as a carrier, a freight forwarder, a customs broker or a bank, and does not hold itself out as any of those.
Where a matter requires a service that the desk does not provide, the desk will say so and, if asked, will identify the kind of provider that can help. Identifying a provider is not a recommendation and does not make the desk responsible for that provider work.
5. Starting a Matter
A matter begins when you send a written enquiry naming the group company concerned, the counterparty and the task, and the desk replies with a written acceptance. The acceptance states the scope, the documents required, the expected turnaround and the fee basis if a fee applies.
Work does not begin and space is not reserved on the booking board until the acceptance has been confirmed by you in writing. This rule protects both sides: it keeps the rail free of half-started work and ensures that the desk has the documents it needs before it begins.
Where the scope of a matter changes after acceptance, the desk will confirm the revised scope and any effect on timing or fees before continuing. A change that falls outside the accepted scope may be opened as a separate matter.
6. Your Duties
You agree to provide accurate, complete and timely information and documents for each matter. The desk relies on what you provide, and a late or incomplete document can delay a filing or a booking in a way that the desk cannot prevent.
You agree to tell the desk promptly of any change that affects a matter, including a change of officer, a change of address, a revised order quantity or a change in a carrier booking. Where a change is not reported, the desk may complete the matter on the information it holds.
You agree to ensure that any personal information you provide about another person has been collected lawfully and that the person understands it will be passed to the desk. The desk handles that information in accordance with the Privacy Policy.
You agree not to ask the desk to take a step that would be unlawful, misleading or inconsistent with a filing or a document already lodged. Where the desk believes an instruction falls into that category, it may decline the instruction and will explain why.
7. Fees and Payment
Fees are quoted in writing before a matter begins. A quotation states whether the fee is fixed, charged by time or charged as a disbursement, and it identifies any charge that is passed on from a third party.
Where a fee is charged by time, the desk records the time spent on the matter and provides a summary with the invoice. Where a fee is fixed, it applies to the scope described in the acceptance and to that scope only.
Invoices are payable within the period stated on the invoice, which is normally fourteen days from the date of issue. Where an invoice remains unpaid after the due date, the desk may pause work on open matters until payment is received, and it will tell you before doing so.
Disbursements such as registry fees, courier charges and warehouse charges are passed on at cost and are identified separately on the invoice. The desk does not add a margin to a disbursement unless the quotation states otherwise.
8. Timing and Turnaround
The desk gives a turnaround for each matter based on the information available when the matter is accepted. Turnarounds are estimates, not guarantees, and they assume that the required documents arrive complete and on time.
Where a document is missing or a response from a counterparty is delayed, the desk will tell you as soon as the delay becomes apparent and will give a revised estimate. A delay caused by a missing document is not a breach by the desk.
Statutory deadlines are recorded on the group filing calendar and reviewed each quarter. The desk will not accept a matter with a deadline that cannot be met with a reasonable margin, and it will say so at the outset rather than after the date has passed.
9. Samples and Consignments
Samples received at the counter are numbered, recorded and shelved on the case rail. The desk records the supplier, the date of receipt, the piece count and the weight on the balance stand, and it compares the reading with the note that travelled with the sample.
The desk handles samples with ordinary care but does not insure them unless the engagement note says so. A sample that is fragile, valuable or perishable should be described in the enquiry so that appropriate arrangements can be agreed before it is sent.
A sample is normally held for ninety days after the matter closes, after which the desk may return it, dispose of it or hold it for a further period on written instruction. A sample that is not collected within the agreed period may be disposed of without further notice, and the desk will record the disposal.
Where a sample is sent onward, the desk uses the address and recipient named in the instruction. The desk is not responsible for a loss that occurs after the sample has been handed to a carrier chosen by you or by the recipient.
10. Trade Documents
The desk checks trade document sets against the order and marks discrepancies in a way that keeps both the original entry and the correction visible. A checked set is returned to the supplier with a covering note listing each point separately.
The desk checks documents for consistency with the order and with each other. It does not certify that a document is genuine, that goods conform to a specification or that a letter of credit will be honoured. Those matters remain with the parties to the transaction and, where relevant, with their banks.
Where a document set is released for filing only after corrections, the desk records the date the corrected set arrived and files it behind the marked set. A request to release a set before corrections are made must be given in writing, and the desk will note the request in the file.
11. Warehouse Bookings
The desk books go-down space by bay, by week and by group company. A booking is confirmed in writing to the carrier and the warehouse keeper, naming the bay, the date range and the goods description.
A booking is a reservation of space and not a contract of carriage or storage between the desk and the carrier. Storage terms, handling charges and liability for goods in the go-down are governed by the terms of the warehouse keeper concerned.
Where goods do not arrive within the booked range, the desk will hold the bay for the remainder of the booked period and will then release it unless an extension has been confirmed in writing. Where a bay is held beyond the booked period without confirmation, the warehouse keeper may charge for the extra time.
12. Filing and Return Work
The desk prepares filings and annual returns from the register, the minutes and the share records that you provide or that are held on site. The desk checks the particulars against the register and marks any change that has not yet been recorded.
Every return is reviewed by a second clerk before it is signed. The working copy records who prepared the return and who checked it, and it is kept with the acknowledged copy after submission.
The desk does not act as auditor, does not certify that the register is complete and does not accept responsibility for a filing that is rejected because of information supplied to it. Where a filing is rejected, the desk will review the rejection, tell you what is required and, if the matter is within the accepted scope, prepare a corrected submission.
13. No Legal or Tax Advice
The desk provides administration and documentary services. It does not provide legal advice, tax advice, investment advice or accounting opinions, and nothing on this website or in a desk reply should be read as such advice.
Where a matter raises a question of law, tax or accounting judgement, the desk will identify the question and recommend that you take advice from a qualified professional. A recommendation of that kind does not make the desk responsible for the advice you receive or for the decision you take.
The information published on this website is general and is not tailored to the circumstances of a particular person or organisation. You should not rely on it as a substitute for professional advice on a specific matter.
14. Intellectual Property
The content, layout, design and code of this website belong to the company or are used under licence. The company name, the text of the pages and the visual design of the site are protected by copyright and other rights.
You may read and print the pages for your own business use. You may not copy the design, reproduce substantial parts of the text, or use the company name or any mark resembling it in a way that suggests a connection with you that does not exist.
Documents that you provide to the desk remain your property or the property of the organisation you represent. The desk acquires only the right to use them for the matter and to keep them in accordance with the Privacy Policy and these terms.
15. Confidentiality
Each party will keep confidential the information it receives from the other in connection with a matter and will use it only for the purpose of the matter. This obligation does not apply to information that is already public, that is independently developed, or that is required to be disclosed by law.
The desk keeps paper records in the filing room behind the counter and electronic records in protected accounts. Access is limited to the clerks who work on the matter, and the confidentiality obligation continues after a matter closes.
Where a disclosure is required by law or by a regulator, the party required to disclose will, where lawful, tell the other party before doing so so that appropriate steps can be considered.
16. Third Party Dealings
The desk deals with suppliers, carriers, warehouse keepers and registries on your instruction. Those dealings do not make the desk a party to the contract between you and the third party, and the terms of that contract continue to govern the relationship.
Where a third party fails to perform, the desk will tell you promptly and will assist within the accepted scope, but it does not accept liability for the failure of a third party that it did not select or control.
Links on this website to other sites are provided for convenience. The desk does not control those sites and is not responsible for their content, availability or practices.
17. Limitation of Liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
Subject to that, the desk is not liable for loss of profit, loss of business, loss of anticipated saving or any indirect or consequential loss arising out of a matter or the use of the website. The desk is not liable for a loss that arises from information you supplied that was inaccurate or incomplete, or from a step you instructed that the desk advised against in writing.
Subject to the first paragraph of this section, the total liability of the company in relation to a matter is limited to the fee paid for that matter, or, where no fee was paid, to the sum of one thousand Hong Kong dollars. Where a matter is governed by a separate engagement note with a different limit, the limit in that note applies.
The desk takes reasonable care to keep the website available and secure, but it does not warrant that the site will be uninterrupted or free from error, and it is not liable for a loss caused by a failure of your own equipment or connection.
18. Indemnity
You agree to indemnify the company against any claim, loss, liability or cost that it incurs as a result of information you supplied that was inaccurate or misleading, a step you instructed that was unlawful, or your breach of these terms.
This indemnity does not apply to the extent that the claim, loss, liability or cost was caused by the negligence or wilful misconduct of the company or of a person acting for it.
Before accepting a claim that may lead to an indemnity under this section, the company will tell you and will allow you a reasonable opportunity to participate in the response, provided that doing so does not prejudice the company position.
19. Events Outside Our Control
The desk is not liable for a delay or failure to perform that is caused by an event outside its reasonable control. Such events include severe weather, typhoon signals, a failure of public transport or utilities, a labour dispute, an epidemic, a cyber incident affecting a shared service, and an act of a public authority.
Where such an event occurs, the desk will tell you as soon as practicable, will take reasonable steps to reduce its effect and will resume work as soon as it can. Where the event lasts for more than thirty days, either party may end the affected matter in writing without liability for the uncompleted part.
A statutory deadline that cannot be met because of such an event will be raised with you at once so that any available extension can be considered.
20. Suspension and Termination
Either party may end a matter by written notice. Where the desk receives notice to end a matter, it will stop work at the next reasonable point, account for the work done and return the documents that belong to you, subject to any right to retain papers until an invoice is paid.
The desk may suspend a matter where an invoice is overdue, where a required document has not arrived after a reasonable reminder, or where an instruction would require a step that the desk believes to be unlawful or misleading. The desk will tell you the reason for a suspension in writing.
The desk may end a matter immediately where you have provided false information, where you have asked the desk to mislead a registry or a counterparty, or where continuing the matter would place the desk in breach of the law. A matter that is ended under this paragraph will be invoiced for the work done.
The sections on confidentiality, intellectual property, limitation of liability, indemnity and governing law continue to apply after a matter ends.
21. Governing Law and Disputes
These terms and any matter arising out of them are governed by the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, subject to any right to enforce a judgment in another jurisdiction.
Before starting proceedings, the parties will try in good faith to resolve a dispute by discussion. A party who wishes to raise a dispute should write to the other setting out the facts, the amount involved if any, and the outcome sought.
If discussion does not resolve the dispute within thirty days, either party may refer it to mediation at a recognised mediation centre in Hong Kong before starting proceedings. A mediation is confidential, and the costs of the mediation are shared equally unless the mediator directs otherwise.
22. General Terms
Entire agreement
These terms, together with the engagement note for a matter and the Privacy Policy, form the entire agreement between the parties in relation to the website and the services, and they replace any earlier understanding on the same subject.
Severability
If a provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force. The invalid provision will be replaced by a valid provision that achieves, so far as possible, the same purpose.
No waiver
A failure or delay in exercising a right under these terms is not a waiver of that right. A waiver is effective only if it is given in writing and it applies only to the specific instance described in it.
Assignment
You may not assign or transfer your rights under these terms without the written consent of the company. The company may assign its rights to another entity in its group on written notice to you.
Notices
A notice under these terms should be sent by email to care@naiyidegroup.hair and, for a notice to the company, by post to 12/F San Toi Bldg, 137-139 Connaught Rd C, Sheung Wan, Hong Kong - 999077, Hong Kong (HK). A notice sent by email is treated as received on the next business day after it is sent.
Language
These terms are written in English, and the English version prevails over any translation prepared for convenience.
Changes
The company may change these terms from time to time. The version in force when a matter is accepted applies to that matter, and the current version is always the one published on this page.
23. Contact
If you have a question about these terms, write to the desk at care@naiyidegroup.hair or by post to Naiyide International Group Holdings Limited, 12/F San Toi Bldg, 137-139 Connaught Rd C, Sheung Wan, Hong Kong - 999077, Hong Kong (HK).
The desk answers the telephone on +17408677413 during business hours, Monday to Thursday from 09:00 to 17:30 and Friday from 09:00 to 16:30, with a lunch pause from 13:00 to 14:00.
These terms should be read together with the Privacy Policy, which explains how personal information is handled in connection with the website and the services.