合約條款


Intellectual Property

  1. Client licenses and authorizes CDROM.COM.HK, and to permit others authorized by CDROM.COM.HK, to digitize, reproduce, make adaptations of the Materials and to include and transmit the same during the period for the sake of production

  2. Client declares, warrants and undertakes that it is the legal owner or authorized licensor (as the case may be) of Copyright, Patent, Trademark, Design and other rights in the content of the Materials and that it is entitled or has the license and authorization (free from liens, claims and encumbrances) to grant the right to CDROM.COM.HK to use the same for the purpose of performing the Contract without infringing any proprietary rights or other rights of any third party.Client acknowledges that the Contract has been entered into on the basis that such warranty has been made.

  3. Client shall fully indemnify and hold CDROM.COM.HK harmless from any third party’s claim for whatsoever reason including infringement of rights and violation of legal regulations and laws for the replication, reproduction, adaptation, digitization, transmission and other uses of the Materials made for the purpose of performing the Contract.

Production Materials

  1. Client acknowledges that it is not CDROM.COM.HK’s duty to undertake any editing or amendment to Materials provided by the Client unless such additional services are explicitly requested by the Client in the quotation signed by the parties;

  2. Once CDROM.COM.HK received from Client Materials for the production of Products or Services as described in the quotation of CDROM.COM.HK signed by both parties, CDROM.COM.HK shall accept the Materials as its final version for CDROM.COM.HK’s production of Products or Services.For the avoidance of doubt, CDROM.COM.HK shall not accept any revision to the Materials made subsequently by Client, without prejudice to the right of CDROM.COM.HK to charge for the additional works required by the revised Materials, subject to the time and resources availability of CDROM.COM.HK.In such event, CDROM.COM.HK shall issue a quotation for the additional work for the endorsement of Client.

  3. Client acknowledges that Silkscreen Printing of Disc Cover results in approximately 15% deviation in color and image from outputs of color-proof printing whereas Offset Printing results in approximately 5% deviation in color and image from outputs of color-proof printing.

Deliverables

  1. Working Period

    • CDROM.COM.HK shall implement the project process according to production schedule agreed by the parties set out in the quotation subject to review by CDROM.COM.HK upon new requests from the Client or in the event of circumstances arising in the manner not contemplated by the parties when the quotation was signed. The Client, if for whatever reason delay from supplying CDROM.COM.HK the Materials requested by CDROM.COM.HK orally or in writing or request change or changes to the production schedule, is considered to accept re-scheduling which is subject to CDROM.COM.HK’s time and resources availability.

    • Client has the obligation to provide clear requests and all necessary additional items to CDROM.COM.HK (whether requested by CDROM.COM.HK or not) for the consideration of CDROM.COM.HK to additional requests from Client.In the event that CDROM.COM.HK considers that it cannot perform the additional requests of the Client, it shall promptly inform the same to the Client and return the Materials to the Client.Both parties shall confirm any revision to the production schedule in writing.

  2. Additional Requests & Charges

    • If there is any change required by Client other than those stated in the signed quotation, which in CDROM.COM.HK’S reasonable opinion require additional time, material or resources to be provided or utilized, these changes will only be made on the following basis:

      1. Client will notify CDROM.COM.HK of the additional work required;

      2. CDROM.COM.HK will provide Client with another quotation;

      3. If Client agrees to the additional service and fee, additional fee will be charged.

  3. Limited Time for Production

    • Without prejudice to Production Materials Clause 2 above, Client shall submit all Materials that CDROM.COM.HK shall require for the production of the Products or Services within 60 calendar days from the date of signed order or quotation. Otherwise, the project is considered to be cancelled by Client, and CDROM.COM.HK shall not return any deposit that Client made to CDROM.COM.HK. And if there is no deposit paid, CDROM.COM.HK shall charge Client cancellation fee of HKD 900 per order as the administration costs incurred by CDROM.COM.HK.

    • Project will be billed by CDROM.COM.HK for work done to date from time to time. If Client fails to settle the invoices punctually on the due date, CDROM.COM.HK has the right to postpone the production schedule until all the outstanding invoices are settled. CDROM.COM.HK shall not be responsible for all costs and expenses (including claims from third parties) resulting from such delay caused to the production schedule.

Payment Terms

  1. If full payment is not settled within 30 days from the date of invoices or otherwise stated on the signed quotations, CDROM.COM.HK reserves the right to charge interest and Client agrees to pay interest on the outstanding balance at the rate of 3% per month.

  2. Agreed payment terms must be strictly followed and there is no refund policy.

  3. All payments should be made payable to “CDROM.COM.HK” in cross-cheque and mail to the address shown on the invoice.

Cancellation

  1. CDROM.COM.HK may terminate the Order forthwith by giving written notice to the Client if the Client:

    • Fails to make payment of the Fees when they fall due;

    • Commits any breach of any of the provisions of these Terms and Conditions and fails to remedy the same within 7 days from the date when CDROM.COM.HK send its written notice giving particulars of the breach and requiring it to be remedied; or ceases, threatens to cease or seems likely in the sole opinion of CDROM.COM.HK to cease carrying on business.

  2. Any payment including deposit made by the Client is non-refundable under any circumstances.Upon termination of the contract by either or both parties or cancellation of the order by Client, the Client shall not be entitled to any refund of any payment made even if the service has not yet been provided.

Credentials

  1. CDROM.COM.HK has the right to place a credit line on any creative work or final product by CDROM.COM.HK in a reasonable size and location provided that the design and Client’s image is not harmed

  2. CDROM.COM.HK is allowed to place the Client’s name, logo and image of deliverables to its website and publications or be used for marketing activities.

Disclaimer

  1. If there is no report for any misplacement or other complaint from the Client within 24 hours of delivery, the Client shall be deemed to accept the final products and CDROM.COM.HK shall not be responsible for any defects.

  2. CDROM.COM.HK shall not be liable for any claim or loss, whether claimed by third parties or otherwise, arising from the content of Client on the site and on other media platforms. And Client shall indemnify CDROM.COM.HK against such claim.

  3. Client should keep completely and strictly the details of this quotation. Client hereby agrees to use the quotation only for the purpose for which it is supplied by CDROM.COM.HK and not disclose the whole or any part of the quotation to any person or company unless authorized in writing by CDROM.COM.HK.