Terms & Conditions
Zanghellini & Holt Associates will invoice in stages based on progress payments with terms of payment being 15 days from date of invoice. Accounts on which a query is not raised within five (5) days of presentation will be deemed to be approved as issued.
Zanghellini & Holt Associates is entitled to interest at the same rate as the maximum overdraft rate last fixed by the Hong Kong & Shanghai Bank plus 2 percentage points, on all fees due and not paid within 14 days of rendering of account without relieving the client of his obligation to pay the account.
2. INTELLECTUAL PROPERTY
The drawings, specifications and other documents provided by Zanghellini & Holt Associates are the intellectual property of Zanghellini & Holt Associates. The client may be licensed to use the drawings, specifications and other documents for the works for which they are made and they shall not be used for other purposes except by agreement with Zanghellini & Holt Associates. The Client undertakes not to use any of the “Zanghellini & Holt” design intent on any Project other than the project mentioned in this agreement.
The license will be terminated if the client breaches its contractual obligations, Copyright in all drawings, specifications and other documents and any work executed from them, is the property of Zanghellini & Holt Associates.
In the event that any dispute or difference whatsoever shall arise from the performance or as to the meaning of the agreement, it is agreed such dispute or difference shall be submitted to arbitration in accordance with and subject to The Institute of Arbitrators, following the Hong Kong Rules for the Conduct of Commercial Arbitration.
Agreement between the client and Zanghellini & Holt Associates may be terminated by either party at least 2 months upon receipt of written notice should either party fail substantially to perform in accordance with the terms of the agreement, through no fault of the person initiating the termination.
5. STANDARD ADDENDUM TO FEE AGREEMENT (FOR OUT-OF-POCKET EXPENSES)
In addition to our design and supervision fees, we re-charge all disbursements, our out-of-pocket expenses, brought in services agreed with our client and costs incurred for:
1. Purchase of any specialist documents relating to research and presentation of our design.
2. Travel costs incurred. Air fares are under 4 hours to Economy Class (Direct Flight), Air fares are over 4 hours to Business Class (Direct Flight). Rental of transport where necessary, taxi fares in city centres.
3. Hotel costs incurred. Subsistence for meals and refreshments out of office.
4. Dyeline, photocopy and reprographic costs. Photography and printing costs.
5. Postage and delivery, courier and freight services.
6. Survey and data collection, unless specifically included.
7. Artwork and perspectives by outside specialists, production costs and prototype costs, sample costs, models, mock-ups by outside specialists, hire of equipment and charges.
8. Any statutory fees and charges.
9. Specialist stationery printing costs.
10. Full time co-ordination and supervision by project managers, unless specifically included.
TERMS & CONDITIONS (USE OF WEBSITE)
2. Intellectual Property
Zanghellini & Holt Associates owns or is the licensor of all of the intellectual property rights in and to the Website and the Content.
3. Prohibited Activities
In connection with your use of the Website and/or the Content, you acknowledge and agree that you will not:
1. Use the Website in any manner that could damage, disable, overburden or impair Zanghellini & Holt Associates’s servers or networks, or interfere with any other user’s use and enjoyment of the Website.
2. Attempt to gain unauthorized access to any of the Website, accounts, computer systems or networks connected to Zanghellini & Holt Associates through hacking, password mining or any other means.
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services.
4. Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable which may invade another’s right of privacy or publicity.
5. Post or transmit any material that contains a virus or corrupted data.
6. Delete any author attributions, legal notices or proprietary designations on Content.
7. Violate any applicable local, state, national or international law.
8. Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of Zanghellini & Holt Associates or any other party.
9. Manipulate or otherwise display the Website by using framing or similar navigational technology.
We use log files to analyse trends, administer the Website, track users’ movement in the aggregate and gather broad demographic information for aggregate use. Information in log files is not linked to any personal identifiers, except where reasonably necessary to prevent fraud or abuse of the web site and associated systems.
We may also use third party analytical software and services that do not store personal information.
Privacy and links to other sites
Our Website contains links to other sites. Please be aware that we are not responsible for the privacy practices of these other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personal information.
Sometimes we may place links on the Website which let you leave our Website in order to access a linked website. Please be aware that we are not responsible for the availability of any linked sites or resources, and do not endorse any content, advertising, products, or other materials, goods or services on or available from any linked sites or resources.
6. Disclaimer of Warranties
Except as provided by law, the Website is provided ‘as is’ and without any warranty or condition, express or implied.
Zanghellini & Holt Associates does not warrant and expressly disclaims that:
0. i) your use of the website and access to and use of all of its tools and features will be uninterrupted, error-free, or secure;
1. ii) information obtained on the Website is accurate, reliable, complete or suitable for your purposes; or defects will be corrected.
2. iii) any software, services, website or server(s) on which the services and website are hosted are free of viruses or other harmful components.
Your use of the Website and any content or other information or materials provided on or through the Website is entirely at your own risk. You should check the accuracy and completeness of any information you obtain from the Website before using it or relying on it.
7. Disclaimer of Liability
We are not liable to you or anyone else for any loss, damage, liability, cost or expense suffered in connection with your use of the Website or its Content or any reliance you or anybody else places on any information or Content on the Website.
8. Governing Law
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Hong Kong.