Terms and conditions

SLEEK TERMS AND CONDITIONS OF SERVICE 

This dashboard (the “Dashboard”) is provided by SLEEK HONG KONG LIMITED, a
company registered in Hong Kong as one of the services that SLEEK provides along
with the SLEEK website (the “Website”), SLEEK’s email notifications and any
information or content appearing therein (collectively, the “SLEEK Services”).

Use of the Dashboard, Website, email notifications or any SLEEK Services is subject
to the following terms and conditions of service (the “Terms”).

BY ACCESSING OR USING ANY SLEEK SERVICES YOU ARE DEEMED TO
HAVE AGREED TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY
AND PAYMENT TERMS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU
HAVE READ AND UNDERSTOOD THESE TERMS AND ANY ACCOMPANYING
RISKS AND OBLIGATIONS.

1. Definitions
1.1 “You” includes:

a) any company identified during registration on the SLEEK Dashboard and
any company which will or has been incorporated using the Dashboard or
which is now registered on the Dashboard and will use SLEEK’s corporate
secretarial online service (a “SLEEK Company”);
b) any individual linked to a SLEEK Company whether as shareholder,
director, officer, employee or user of the Dashboard on behalf of a SLEEK
Company.

1.2 “User” means any person using the Dashboard and the SLEEK Services whether
on his or her own behalf or on behalf of a third party. All users represent and warrant
to have the legal right and full power and authority to execute, deliver and exercise
the rights and perform the obligations under these Terms on behalf of the third party.

2. Services 
2.1 Nature of SLEEK Services. SLEEK is an online corporate service provider using
cloud software to incorporate and manage the corporate governance for companies
in Hong Kong. SLEEK is not a law firm and as such does not provide any legal
services of a law firm.

2.2 By purchasing and using any SLEEK Services, User agrees to engage SLEEK to
provide corporate secretarial services for User. These services may include the
following:
a) company incorporation (if applicable);
b) provision of a registered office address and mailroom;
c) maintenance of statutory registers in accordance with the legal
requirements;
d) lodgment and payment of regulatory filings with the Company Registry of Hong Kong;
e) preparation of all corporate decisions and resolutions in connection with the governance of a SLEEK Company;
f) filing all changes relating to a SLEEK Company, including but not limited to change of officers, shareholders, share capital, registered office, particulars of officers or shareholders, Constitution;
g) preparing and submitting any application for a work permit with the Ministry of Immigration of Hong Kong (“MIM”);
h) provision of accounting services, including, but not limited to:

● preparation of management report;
● arrangement of audited financial statements (including directors’ statement,
profit and loss statement, balance sheet statement, chance in
shareholders’ equity, and notes to financial statements)
● maintenance of general ledger, accounts payable ledger, accounts
receivable ledger, and fixed assets ledger; and
● perform bank and other accounts reconciliation;
 i) provision of payroll services, including, but not limited to:
● salary calculation on a monthly basis;
● salary payment to employees via issuance of cheques or through bank
transfer;
● automatic generation of monthly pay slips for employees;
● Mandatory Provident Fund (MPF) registration and monthly payment to
MPF;
● issuing necessary firms for personal tax including statutory annual filing;
● maintenance of payroll file for each employee; and
j) provision of payroll services, including, but not limited to:
● tax computation to calculate tax liability of the Company;
● preparation of tax forms for Company’s approval; and
● preparation of tax forms for Company’s submission

2.3 By appointing SLEEK as User’s company secretary service provider, SLEEK
shall carry out, or appoint one of its employees to carry out, the duties of a company
secretary in accordance with Hong Kong laws.

2.4 SLEEK shall only provide the company secretary services as requested by User
from time to time orally, in writing or any other manner in which SLEEK may accept.
User agrees that SLEEK has no liability to User for any loss or damage arising out of
or in relation to SLEEK carrying out the company secretary services in accordance
with User’s instructions.

2.5 User shall indemnify SLEEK (and/or any of its affiliates) against any and all
actions, judgements, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever incurred by SLEEK in the course of and pursuant to its duties and obligations in carrying out the company secretarial services in accordance with your instructions or these Service Terms.

2.6 SLEEK may require that, in order for the performance of SLEEK Services (such
as acting as nominee director for a SLEEK Company), User shall enter into any
supplemental agreements or do any such things as required by SLEEK or applicable
law in order for SLEEK to provide such SLEEK Services.

2.7 SLEEK shall not be obliged to provide such SLEEK Services if User fails to enter
into the supplemental agreements or do the things as required by SLEEK or under
applicable law.

2.8 If SLEEK, in its opinion, is obliged to meet any legal and other requirements or
obligations with regard to User, User agrees that SLEEK is authorised to take any
steps that it may in its reasonable discretion deem necessary to comply with such
obligations or requirements, including taking professional advice at User’s cost.

2.9 At the request of SLEEK, User shall provide SLEEK with all documents and
information as required by SLEEK in order for SLEEK to comply with its internal
policies, any applicable law or guidelines issued by any relevant regulatory authority
and/or for any other reason as SLEEK may consider necessary from time to time.

3. Registration
3.1 In order to use the Dashboard and SLEEK Services, the User must provide some
information and documents. The User undertakes and warrants to provide exact,
exhaustive, sincere and correct information and documents.

3.2 In case of any change in the information provided upon registration the User
undertakes to update this information without delay. SLEEK shall not in any way be
held in case the User has not updated its information or has not notified SLEEK of
any change of situation whatsoever.

3.3 A User registering on the Dashboard automatically accepts these Terms and has
access to the Dashboard through the combination of a username and a password.
The combination of username and password are strictly personal and should be kept
confidential by the User.

3.4 In case of loss of password, the User will be able to reinitialize its password on
the Dashboard.

3.5 SLEEK may at any time suspend or discontinue any feature or any part of the
SLEEK Services, including the support for the use of the Dashboard. SLEEK
Services may also be affected by acts of nature or force majeure events. SLEEK will
make every effort to ensure that SLEEK Services are always available, however they
may be interrupted, including for maintenance, repairs, upgrades or network or
equipment failures.

4. Intellectual property
4.1 Other than content generated by User or other users of the Dashboard, SLEEK owns copyright in the content of this Dashboard. You may download and temporarily store one or more of the pages of this Dashboard for the purposes of viewing them and you may print any page from this Dashboard for use only by User and its employees, officers and agents.

4.2 Any other storage, copying, transmission or distribution of the content of this
Dashboard as well as creation of any derivative works with respect to the Dashboard
is prohibited without our consent.

4.3 So long as the User complies with these Terms, SLEEK grants the User a
worldwide, limited non-exclusive, royalty-free, non-assignable, non-transferable and
revocable licence to use the Dashboard in order to gain access to SLEEK’s
Services.

4.4. The marks ‘SLEEK’ and its logo, are trademarks of SLEEK, and nothing in these
Terms gives User the right to use those trademarks without SLEEK’s prior written
approval.

4.5 SLEEK and User may use third party software and application programming
interfaces (“APIs”) when using the Dashboard or the SLEEK Services. SLEEK does
not guarantee the reliability of such third-party software or APIs. The User agrees
that SLEEK IS not liable for any loss or damage arising out of the use of such third-
party software or APIs to access any information, the Dashboard or SLEEK
Services.

5. Payment terms
5.1 User shall pay SLEEK in advance the fees set out in the Dashboard or the
Website for the relevant SLEEK Services it has ordered (“Fees”) through a secure
payment process incorporated into our Dashboard or Website, or by electronic
invoice, which can be securely paid by credit card, debit card or bank wire. 

5.2 If there are any fees for SLEEK Services that are not set out in the Dashboard or
the Website, SLEEK shall issue an invoice to the User for such SLEEK Services
provided. User shall pay the fees set out in the invoice for such SLEEK Services on
receipt of the invoice issued by SLEEK.

5.3 User acknowledges and agrees that completion of the online payment process
does not constitute SLEEK’s acceptance of User’s offer to purchase the SLEEK.

5.4 SLEEK’s acceptance of User’s order shall take place only on commencement of
the SLEEK Services that User ordered from SLEEK. SLEEK reserves the right to
decline an order for SLEEK Services for any reason and will refund any fees prepaid
if an order is declined, provided that no SLEEK Services have been used by User. 

5.5 During the online payment process, User shall be required to enter its payment
details, which are disclosed directly to an independent third-party payment
processor. SLEEK does not collect or store this information and does not have
access at any time to User’s payment details.

5.6 All payments are processed by an independent third-party payment processor.
SLEEK excludes all liability for any loss or damage that might arise from the
processing of User’s payment information, and the terms of service of that
independent third-party payment processor shall apply.

5.7 User acknowledges and agrees that if, for whatever reason, any payment is
reversed or declined, where recurring payments are required, then User’s liability to
SLEEK will automatically be deemed a debt immediately due and payable. Any
outstanding payments that a User owes SLEEK shall attract late payment interest of
15% per annum until full payment is received.

5.8 SLEEK prices for the Services are exclusive of VAT, sales tax, withholding tax or
any other taxes that may be applicable / levied in connection with the Services. If a
User does not pay for any SLEEK Services in full and on time then SLEEK reserves
the right to either terminate the use of the User Account; and/or suspend and/or
terminate the performance of the Services forthwith in whole or in part.

6. Confidentiality
6.1 Definition of Confidential Information. In connection with their performance under
these Terms, each party may from time to time make certain information available to
the other party that is not generally known to the public at the time of its disclosure
and is either identified as, or should reasonably be understood by the receiving party
to be, proprietary or confidential (the “Confidential Information”). Confidential
Information specifically includes, but is not limited to, the terms of any order form(s)
entered into by the parties, User Content, business plans, product plans, roadmaps,
strategies, forecasts, projects and analyses, the results of any audit related to the
Services (including but not limited to any security audit), financial information and fee
structures, business processes, methods and models, and technical documentation.
Confidential information does not include information that: (a) is or becomes publicly
available without breach of these Terms by the receiving party; (b) was known to the
receiving party prior to its disclosure by the disclosing party; (c) is or was
independently developed by the receiving party without the use of any Confidential
Information of the disclosing party; or (d) is or was lawfully received by the receiving
party from a third party under no obligation of confidentiality.

6.2 Protection of Confidential Information. Without the express prior written
permission of the disclosing party, or as required by law, the receiving party will not
disclose, transmit, or otherwise disseminate to any third party any Confidential
Information of the disclosing party and will use at least the same degree of care and
discretion with respect to the Confidential Information received from the disclosing
party as it uses with its own similar information, but in no event less than a
reasonable degree of care. The receiving party may disclose the disclosing party’s
Confidential Information to its employees, affiliates, consultants, subcontractors,
agents, or advisors (collectively known as “Representatives”) who have a strict need
to access the Confidential Information for the purpose of performing under these
Terms and only to those who are obligated to maintain the confidentiality of such
Confidential Information under terms that are at least as protective as the terms set
forth in these Terms. Either party may disclose these Terms to potential parties to a
bona fide fundraising, acquisition, or similar transaction solely for the purposes of the
proposed transaction, provided that any such potential party is subject to written non-disclosure obligations and limitations on use that are no less protective than those set forth herein.

6.3 Equitable Relief. The receiving party acknowledges that the remedy at law for
breach of these confidentiality provisions may be inadequate and that, in addition to
any other remedy the disclosing party may have, it shall be entitled to seek equitable
relief, including, without limitation, an injunction or injunctions (without the
requirement of posting a bond, other security or any similar requirement or proving
any actual damages), to prevent breaches or threatened breaches of these
confidentiality provisions by the receiving party or any of its Representatives and to
enforce the terms and provisions of this Section 6 in addition to any other remedy to
which the disclosing party is entitled at law or in equity.

6.4 Compelled Disclosure. The receiving party may access and disclose Confidential
Information of the disclosing party if legally required to do so in connection with any
legal proceeding or regulatory requirement; provided, however, that in such event
the receiving party will, if lawfully permitted to do so. The receiving party will provide
only that portion of the Confidential Information that is legally required to be
disclosed, and any Confidential Information so disclosed shall maintain its
confidentiality protection for all purposes other than such legally compelled
disclosure. If SLEEK is compelled by law to access or disclose the User’s
Confidential Information as part of a civil proceeding to which the User is a party, the
User will reimburse SLEEK for the reasonable costs of compiling and providing
secure access to such Confidential Information.

7. Limitation on liability
7.1 To the fullest extent permitted by law, SLEEK and its affiliates, directors, officers,
employees, agents, representatives, partners expressly limit their liabilities in
connection with or arising out of the provision of the SLEEK Services and the use of
the Dashboard. 

7.2 The SLEEK Services and all content and documents generated by the
Dashboard is provided on a “as is” basis. No assurance, representation or warranty
of any kind is made whether express or implied about SLEEK Services. While
SLEEK makes every effort to ensure the quality of the Services, it does not make
any representation or warranty that:

a) the information or content provided as part of the SLEEK Services will be
entirely correct and up to date;
b) the documents generated as part of the services will be accurate,
adequate, reliable, free from defect or error or omissions, suitable for a
particular purpose or legally
sound;
c) SLEEK Services are free from bugs or viruses;
d) correspondence between a User and SLEEK will be free from interception, corruption, error, delay or loss;
e) access to SLEEK Services will always be available or uninterrupted; 
f) use of SLEEK Services will achieve any particular result and meet your expectations.

SLEEK should not be liable for any indirect, special, incidental, punitive, exemplary
or consequential losses or damages or any loss of profit, business or data arising out
of the use of or the inability to use SLEEK Services. Any liability of SLEEK to any
User is limited strictly to the amount paid by the User to SLEEK (if any) for the
Services.

8. Indemnity 
8.1 You agree to indemnify and hold SLEEK (and/or its affiliates, officers, directors
and employees) harmless from and against all liabilities, damages, claims, costs
(including legal fees and costs), and expenses in connection with or arising from
(a) your breach of these Terms,
(b) your use of SLEEK Services and/or
(c) any misrepresentation made by you.

8.2 User represents, warrants and undertakes that it shall comply with all applicable
laws and regulations when using any SLEEK Services.

8.3 User shall indemnify SLEEK (and/or any of its affiliates officers, directors and
employees) against any and all loss, damage, actions, judgements, claims,
demands, costs, taxes and expenses (including legal and/or professional fees)
howsoever incurred by SLEEK arising from User’s breach of clause 8.2 above.

9. Termination of the services
9.1 Either party may terminate the Services by giving at least thirty (30) days’ written
notice to the other party.

9.2 If either party terminates the Services before the Services expire, Sleek shall
refund the balance of the current annual services fees on a pro-rata basis in respect
of the unexpired period to which the annual services fees relates.

9.3 If you terminate the Services, your access to the SLEEK Dashboard will be
restricted solely to the data export functions. You will be able to export the records
pertaining to your Company for a period of twelve (12) months from the date of
termination (the “Post-Termination Period”). Following the expiry of the Post-
Termination Period, you acknowledge that your Company information may be
deleted or overwritten from the SLEEK platform. It is your sole responsibility to
maintain the records of the Company after the termination of our Services.

10. Affiliate Program 
10.1 You may participate in SLEEK’s Affiliate Program (“Affiliate Program”) when you purchase any SLEEK Service set out above in Clause 2. All clients that have purchased any SLEEK Service will be automatically enrolled in the Affiliate Program.

10.2 The Affiliate Program is governed by the Affiliate Agreement (“Affiliate
Agreement”).

10.3 You understand and agree that the Terms and Conditions set out in the Affiliate
Agreement are made a part of these Terms and Conditions by this reference and
you will be bound by them. To view the Affiliate Agreement and the Terms and
Conditions set out therein, please visit our website.

11. Privacy
11.1 SLEEK’s Privacy Policy applies to use of the SLEEK Dashboard, and its terms
are made a part of these Terms of Use by this reference. To view SLEEK’s Privacy
Policy, please visit our website. Additionally, by using the SLEEK Dashboard, you
acknowledge and agree that Internet transmissions are never completely private or
secure. 

11.2 You understand that any message or information you send to the SLEEK
Dashboard may be read or intercepted by others, even if there is a special notice
that a particular transmission (for example, credit card information) is encrypted.

12. Variations of these terms
These Terms may be varied from time to time. In case of a material change to the
Terms, SLEEK will inform User by notice and, by continuing to use this Dashboard or
SLEEK Services, User agrees to be bound by the then current terms.

13. Waiver and severability
SLEEK’s failure to enforce a provision is not a waiver of SLEEK’s right to do so later.
If a provision is found unenforceable the remaining provisions of these Terms will
remain in full effect and an enforceable term will be substituted, reflecting the initial
intent.

14. Third party rights
Only User and SLEEK shall be entitled to enforce these Terms. No third party shall
be entitled to enforce any of these Terms, whether by virtue of the Contracts or
otherwise.

15. Governing law
These Terms and all issues regarding this Dashboard and SLEEK Services are
governed by Hong Kong law and shall be subject to the exclusive jurisdiction of
Hong Kong courts.

16. Dispute resolution
Before filing any claim against SLEEK, you agree to try to resolve the dispute
informally by contacting [email protected]

© 2019 Sleek Hong Kong Limited | Tower No. 1, 17/F, Unit 1, Glenealy, Central, Hong Kong | +852 3594 4334 |  TCSP licence: TC006483 | Privacy Policy & Terms and Conditions

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