AlphaCS

Terms & Conditions, Privacy Policy and Disclaimer

Definitions

AlphaCS or We means Alpha Corporate Services Limited, and its related entities and affiliates, as well as any of its respective representatives and/or agents.

Client means the owner or owners of the Company or Person or Persons authorized by the owner(s) who have requested AlphaCS to provide services to the owner(s) or authorized person(s) of the company and in the case of more than one owner or person mean such owners or persons jointly and severally.

Client’s Appointees means any and all persons who may from time to time be nominated, appointed or act as director, alternate director, secretary, manager, partner, trustee, protector, bank signatory, other officer, grantee of a power of attorney, administrator, registered agent, or provider of a registered office, address for legal service, or registered shareholder of the company.

Company means a company or any company, trust, foundation or other legally recognized structure established and/or administered by AlphaCS.

Person means any human, firm, company or other body incorporated or unincorporated.

Services means the provision by AlphaCS of management, administration and / or services requested by Client or Client’s Appointees or such other related services provided by AlphaCS to Client or Client’s Company.

Communication means any communication between the AlphaCS and Client by email, message (including messages by any instant messenger systems), fax, courier or mail delivery addressed to the last known or notified address of the recipient.

Client’s Obligations

Client shall provide AlphaCS with written details of all requests and instructions which shall include copy of the passport and proof of residential address. We reserve the right to request further information and documentation concerning such requests or instructions and to decline to accept such requests.

We will not divulge to any third party any information concerning the Company, its Owners, its Directors and Shareholders, without the prior consent of the Owner. This clause is inapplicable when we are compelled by law to disclose such information.

Client shall and shall procure that Clients’ Appointees shall:

  • immediately inform AlphaCS of any matters which might affect the Company and/or influence AlphaCS ‘s willingness or ability to provide, or continue to provide the Services
  • immediately inform AlphaCS of the nature of the activities and business of the Company and seek our prior written consent before making any material changes to those activities.

Client shall provide us with updated contact details and instructions regarding restrictions on communication matters.

We shall not be liable for any failure to comply wholly or in part with any instructions received from Client and shall not be responsible for consequences arising from non-receipt of instructions for any reason.

We expressly disclaim any liability to Client, the Company, and any third parties for any damage or loss to Client, the Company or any other Person arising out of the use of the Company and/or Services by Client or any other Person.

Client shall not involve the Company in any unlawful act or undertaking as the same may be defined in various jurisdictions where Client’s Company undertakes business. It shall be Client’s sole responsibility to determine whether any such acts or undertakings are unlawful. We shall not be responsible for any unlawful act or undertaking in place where Client or the Company has been engaged.

Client shall indemnify and hold harmless AlphaCS, its affiliates and their directors, officers, employees and agents from and against all claims, actions, costs (including legal) and liabilities arising out of or relating to these Terms and Conditions and the Services provided to the Company.

Client shall make no reference to the office address(es) provided by AlphaCS to Client or the Company in any marketing or corporate materials, advertisements or public announcements without the specific written consent of AlphaCS.

Where we receive mail, whether by the postal service, courier or other means on behalf of Client, we reserve the right to inspect the contents of such mail.

Any and all obligations of AlphaCS shall cease forthwith if Client shall fail to observe these Terms and Conditions of Business or if it comes to the attention of AlphaCS that the Company is being used for activities other than the nature of business to be undertaken by the Company as provided by Client.

Fees and Direct Costs

Client undertakes to make payment of the negotiated and agreed fees for Services charged by AlphaCS upon receiving an invoice from us for the same. Payment terms are on a COD basis / cash against documents unless credit has been arranged in advance and writing by AlphaCS.

All payments should be made payable to “ALPHA CORPORATE SERVICES LIMITED” or by other means according to the written confirmation by us. Payment of AlphaCS invoices, may be made by cheque (accepts only HKD cheque), PayPal, credit card (Visa, MasterCard or American Express cards) or by transfer to designated bank account of AlphaCS.

Client undertakes to pay AlphaCS in advance all direct costs, government duties, license fees or government fees of any nature relating to the Company.

AlphaCS will not be liable for any penalties, fines or other liabilities incurred by Client or the Company and Client accepts full responsibility to pay these and indemnify AlphaCS against any liability in respect of the same.

In the event Client fails to settle immediately the invoices issued by AlphaCS, Client hereby irrevocably authorizes AlphaCS to withdraw from any sums held on any account managed by AlphaCS or otherwise held by AlphaCS, on behalf of Client and / or the Company any monies required to discharge any fees or expenses, including any government fees, duties, taxes or penalties, payable to or by AlphaCS or the Company.

If Client does not require the Services provided by AlphaCS, then Client shall advise AlphaCS accordingly within thirty days of receipt of AlphaCS’s invoice for the forthcoming year’s Services. If Client fails to notify AlphaCS within the relevant thirty days, then Client shall be deemed to have agreed to pay AlphaCS’s invoice for the Services in full.

In case document already prepared for the matter, we will charge document preparation fee, even the instruction is cancelled. Document preparation fee varies according to the number of document prepared and we will charge back a preparation fee or cancellation fee.

AlphaCS will not refund monies paid for Services (regardless of the specified term of the relevant service). AlphaCS reserves the right not to provide Services or to act on Client’s instructions. If AlphaCS ceases to provide Services or ceases to act for any reason whatever, AlphaCS will not refund monies paid for the same.

For annual service fees, if Client decided to quit, stop or change service provider during the year, regret no refund will be arranged.

AlphaCS or the registered agent in the relevant jurisdiction may move their offices to another location and such a move may require changing of the registered office address(es) of the Company. AlphaCS undertakes to give Client as much advance notice as possible of any such move, but it will not accept responsibility for any costs incurred by Client as a result thereof.

Governing Law and Jurisdiction

AlphaCS reserves the right to modify or amend these Terms and Conditions at any time and for any reason. Unless otherwise agreed in writing between Client and AlphaCS, these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region and the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms and Conditions.

For certain jurisdictions, we need to hold on our files at the time of sale of each company, due diligence (“DD”) or know your client (“KYC”) information in accordance with the requirements of the Government of the jurisdictions where the relevant company is incorporated. Accordingly, the sale of a company in those relevant jurisdictions, details of which will be provided to you in advance, is conditional on the relevant DD/KYC requirements being complied with. Failure to comply with these conditions could affect the continued legal operation of the company.

All matters and disputes will be subject to the final decision of AlphaCS.

This privacy statement applies to Alpha Corporate Services Limited, and its related entities and affiliates, as well as any of its respective representatives and/or agents (collectively “AlphaCS”, “we”, “our” or “us”). We encourage you to read this privacy statement with care so that you know and understand the purposes for which we collect, use and disclose your personal information.

In this statement, “personal information” is any information that is:

  • Related to any living individual; and
  • Practicable to directly or indirectly ascertain the identity of that individual.

By signing up or using any services offered by AlphaCS, or submitting information to or otherwise communicating with AlphaCS, you agree on the use of such personal information in accordance with this statement. “You” or “your” means the existing or prospective corporate entity or in an individual capacity, that will be engaging any services offered by AlphaCS on behalf of that entity or individual, as the case may be.

This privacy statement does not supersede or replace any other consents you may have previously or separately provided to us in respect of your personal information, and your consent to this privacy statement is in addition to other rights which AlphaCS may have at law to collect, use or disclose your personal information.

Please check this statement periodically as we may revise or supplement this statement from time to time. You agree to be bound by the prevailing terms of the privacy statement as updated from time to time. Should you have any questions or enquiries regarding this statement, please contact us by Email.

Collection of Information

AlphaCS does not request you to provide your personal information when you access or browse this website unless you complete and submit an online form or contact. Unless permitted by applicable laws, we will not collect personal information without your consent.

Personal information may be collected from you when you engage any of our services, request that we contact you, visit our websites, post feedback or interact with our officers or employees, take part in any survey or promotion conducted by us and/or our business partners, submitting your personal information to us for any other reasons, and/or when we collect your personal information by other lawful means. If you fail to provide the personal information requested, we will not be able to provide you with the services or handle your case.

You warrant and represent to us that all information which you disclose to us is accurate, complete and valid; and where you volunteer personal information of another person to us, that you are authorized by such other person to disclose such personal information to us, and that such personal information is accurate and complete. You shall consult your parent or guardian before giving us your personal information if you are under the age of eighteen.

You shall understand the purpose and use of the personal information we collected, transfer and disclosure of such information as well as the rights of access to and revise such information through this website.

Use of Information

We use and disclose your personal information, as necessary, to provide our services to you (including but not limited to communicating with you, responding to your queries and/or for our internal administrative purposes etc.), as well as for any other purpose that is ancillary and/or related to our services (including due-diligence background checks, payment and debt-recovery matters, to enforce our legal rights and obligations, and to comply with legal and regulatory requirements). We may also use your personal information to send you including but not limited to newsletters, survey forms, invitations to events and updates or information we think you may be interested in (“ancillary marketing purposes”). By providing us with your personal information, you consent to our use of your personal information for these purposes.

Your personal information may be disclosed for the above purposes to our officers and employees, third parties, affiliates, service providers, advisors, including but not limited to: banks, credit card companies, payment vendors, debt collection agencies, credit information companies, logistics and courier services companies, relevant government regulators or authorities or law enforcement agencies, our insurers and advisors (including consultants, auditors and lawyers), other data users; and any other party to whom you authorize us to disclose your personal information to.

Save for relevant government regulators and authorities or law enforcement agencies, we will ensure that such parties receiving your personal information are under duty of confidentiality to us with respect to the use, holding, processing, retention and/or transfer of your personal information; and have the need to know or handle such personal information.

If you have provided us with your telephone number(s) and have indicated that you consent to receiving marketing or promotional information via your telephone number(s), then from time to time, we may contact you using such telephone number(s) with information about our services.

Your personal information may be transferred, stored and/or processed in a country outside of Hong Kong and you consent to any such transfer, storage and/or processing of your personal information outside of Hong Kong.

Retention of Personal Information

We will retain your personal information for as long as you use our services and it is necessarily required or relevant for business or legal purposes.
Security Policy

AlphaCS adopts all practical security procedures to ensure that your personal information will not be accessed, processed, revised, removed or used without your consent in any unauthorized or accidental circumstances. All personal information will only be preserved for the necessary period of time and accessed by authorized staff.

We strive to ensure that our systems are secure and that they meet industry standards. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the personal information we collect.

Given the nature of the Internet, we do not guarantee that your personal information will not be intercepted or tampered by hackers or malware during the transmission to this website through Internet, despite adoption of all security procedures. All risks are borne by you.

Cookies and Web Beacons

AlphaCS and our service providers may use cookies (small text files stored in a user’s browser) and web beacons (electronic images that allow the website to count the number of visitors who have accessed a particular page and certain cookies) to collect data of Website usage. Cookies and web beacons will not collect your identifiable personal information but system information only, such as local IP address, browser type and browsed webpage, for statistic purpose intended to help manage this website more effectively and enhance the performance of this Website.

Moreover, to optimize your online experience, cookies may record your preference for the activity on this website. You may disable this feature by changing the browser’s setting as you wish to. However, you may not be able to access to part of this website or use part of its functions.

Hyperlinks

Our website and/or services may link to third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by websites or other services as well as the content of such websites.

You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use. To the fullest extent permitted under laws, we cannot be responsible for a third-party’s acts, omissions, data policies or their use of cookies nor the content or security of any third party websites, even if linked to our website. Any such liability is expressly disclaimed and excluded.

The information contained and accessed on this Website is provided by Alpha Corporate Services Limited (hereinafter referred to as “We” or “AlphaCS”) as owner of the Website for general guidance and is intended to offer the user general information of interest. The information provided or presented on this Website is not intended to replace or serve as substitute of any audit, advisory, tax or other professional advice, consultation or service. You should consult with our professional in the respective audit, advisory, tax or other professional areas.

In view of specific facts or circumstances, the application of laws and regulations may vary. Based on the fundamental universal condition of the electronic communication process, we do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided on an “as is” basis, without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall AlphaCS, its related partners, managing directors, principals, agents or employees be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of use, data or profits), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the Website, any content on or accessed by use of the Website, or any copying, display or other use hereof.

As content on the Website is copyrighted, any unauthorized use of any materials on the Website may violate copyright and other laws. Should a user download the materials on the Website for personal or non-commercial use, the user must retain all copyright or other similar notices contained in the original materials or on any copies of the material. Materials on the Website may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without the explicit written permission from the appropriate content or material provider (including third-party links). AlphaCS bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by us.

Third-party links are provided as a convenience to our users. AlphaCS does not control and is not responsible for any of these Websites or their content. AlphaCS is obligated to protect its reputation, and thus, we reserve the right to request removal of any link to our Website.

Use of the name or logo of AlphaCS requires express permission from us, and a license agreement with us. Unauthorized use of these will be prosecuted to the fullest extent of the law. To request this written approval, please contact us by Email.

The following Web link activities are explicitly prohibited by AlphaCS and may present legal infringement issues:

  • Links that involve unauthorized use of our logo;
  • Framing, inline links or meta tags; or
  • Hyperlinks or a form of link that disguises the URL and bypasses the homepage.