Public OfferOffer for provision of coaching servicesHong Kong, 2024This document is the Public Offer (“Offer”) of T4M SOLUTIONS LIMITED (hereinafter – “Contractor”), a company duly organized and validly existing under the laws of the Hong Kong Special Administrative Region of China, registered on 17.10.2024 under No 77197363, having its legal address at 1/F, B08 Monterey Villas, 12 Po Peng street, Peng Chau, Hong Kong SAR, China, with TIN: 77197363, is an invitation to conclude an agreement on the provision of coaching services (“Services”).
This Offer may be accepted by individuals (who have reached the age of 18) and legal entities (each of which is hereinafter referred to as the “Customer”).
The Customers and Contractor for this Offer are referred to collectively as the “Parties” and individually as the “Party”.
When ordering and paying for services of the Contractor, the Customer accepts the terms of this Offer as follows:
1. General provisions
1.1. This Offer is aimed at a potential Customer wishing to receive services from theContractor and/or a person designated by it (the “Services”) on the conditions set forth below.
1.2. The Offer is accepted by payment for the Services following procedures on the webpage:
http://top4mind.tilda.ws.
Any updates to the Offer enter into force from the moment of its publication on that website unless the Contractor notifies otherwise.
The updates to the Offer do not change agreements concluded on the basis of the previous version of the Offer unless the applicable law requires otherwise.
1.3. Acceptance by Customer means full and unconditional acceptance of the terms of the Service description and this Offer.
Payment for the services of the Contractor means that the potential Customer accepts the offer in full and enters into an agreement with the Contractor on the terms specified in this Offer.
Acceptance is complete, absolute, unconditional, and non-revocable.
1.4. The Offer is considered accepted and an agreement is concluded between the Contractor and the Customer on the basis of the Offer and enters into force on the date of receipt of anypayment for Services from the Customer or a person designated by him.
The agreement does not require the signature or seal by the Customer while having the legal force of the signed and sealed document.
1.5. In view of the foregoing, the Customer must carefully study the text of this document. Ifthe Customer does not agree with any terms and conditions, he may not order Services. If Customer accepts the terms and conditions of the Offer, he represents and warrants that the Customer:
• has the full legal authority to bind the Customer to this Offer;
• has read and understood this Offer; and
• agrees to this Offer on behalf of the party that he represents (if any).
1.6. This Offer does not apply to Customers with whom the Contractor entered into a bespokeagreement in writing.
2. Services
2.1. Contractor provides the Customer with one or more Services offered individually or in a set. A price of Services in a set may differ from a price for the same but separate Service.
The Services usually consist of request review, gap analysis, selecting appropriate experts, devising a solution strategy, resolving the request, and reviewing interim and final results.
The exact list of Services ordered by the Customer is indicated in the invoice after approval of the services and their cost by the Customer.
2.2. Contractor performs Services in accordance with a Service description, this Offer, other terms and policies of the Contractor.
2.2. Customer agrees not to use Service(s) for the following activity: spam, illegal, adult, mining, gambling, and any kind of fraud, malicious, or immoral content or activity.
In case such activity takes place Contractor has the right to stop some or all Services to the Customer without any refunds.
The Contractor may use already paid funds to reimburse the possible damage to the Contractor and third parties.
Customers have to stop using Services in the prohibited manner within 24 hours, otherwise Services may be temporarily or permanently disabled.
3. Service charges
3.1. Payment for services is part of the Offer.
Payments are made in the following order:
– Customers should make payments to the Contractor for using its services according to the invoices and price list of Services.
– In case of recurrent payments the payment for the following months is made before the end of the current month for the following month.
– The amount of payment is determined according to the invoice or the price list.
– Payment methods: debit/credit card, wire transfer, transfer via payment institutions, electronic money institutions, crypto-asset service providers, other cryptocurrency transfers, etc.
– Payment to the Contractor is made through the customer’s account or using the payment details specified in an invoice of the Contractor.
3.2. The Customer shall pay a price of Service in the amount stated in an invoice or a price list even in case such payment is subject to withholding, indirect, or other taxes. In case the Customer shall withhold such tax then the Customer shall increase the amount of payment to such extent so that the Contractor receives the amount stated in an invoice or the price list net of such tax.
4. Term and termination
4.1. The agreement on the basis of the Offer comes into force from the date of receipt of the first payment from the Customer (acceptance of this Offer) and is valid until terminated by the Parties. The agreement can be terminated at any time if the Parties wish so.
4.2. If the Customer wishes to terminate the agreement, he will need to notify the Contractorabout it in written form. It may be done by contacting our team by any means of communication – email, Skype, contact form, live chat, etc. There are no charges for canceling the account, however, Customers should pay everything due in full before accounts or Services can be canceled for the cancellation to be complete.
In case of such termination, there are no reimbursements to the Customer for already paid services.
4.3. In case of recurrent payment for Services if the Customer doesn’t want to be billed for Service in the new billing period, he must inform the Contractor about it before the new billing period (1st day of each month) starts.
5. Rights and obligations of the Parties
5.1. The Contractor undertakes to:
5.1.2. Provide the Customer with Services according to the Service description and this Offer.
5.1.3. Provide coaching and consulting support due to Services provided.
5.1.4. Provide the Customer with the invoices for services.
5.2. The Contractor has the right to:
5.2.1. Provide Services not earlier than 5 (five) business days from the date of acceptance by the Customer of this Offer if other hasn’t been agreed upon.
5.2.2. In case of non-payment (payment not in full) of the Fee for the ordered Services, to stop the provision of Services.
5.2.3. Contractor may permanently delete all Customer data from dedicated servers, virtual private server, cloud, and storage, without restoration capability, if the Customer has a suspended account, has not provided payment for 2 or more billing periods.
5.2.4. Make changes and additions to this Offer at any time, as well as other documents posted on the internet in connection with Services provided, without notifying and informing the Customer about it.
5.2.5. Involve any third parties in the provision of Services without any coordination with the Customer.
5.2.6. To process the Customer’s personal data under the Privacy Policy.
5.3. The Customer undertakes to:
5.3.1. Provide the Contractor with reliable information about the Customer.
5.3.2. Immediately notify the Contractor of a change the Customers contact details.
5.3.3. Pay for Services within the terms specified in the invoice or a price list.
5.3.4. Not to use service(s) for the illegal or prohibited activities by this Offer, not to use Contractor network or services to store, distribute, reference domain names, or distribute any material protected by trademark, copyright, patent, or other intellectual property right without owner’s consent or proper authorization.
5.3.5. Be responsible for adverse effects on the Contractor in connection with his failure to fulfill the obligations under an agreement concluded on the basis of the Offer.
5.4. The Customer has the right to require the Contractor to comply with the terms of theagreement concluded on the basis of the Offer.
5.5. The Parties have agreed that:
- digital signatures; and
- scanned copies of the documents related to this Offer, delivered using electronic communication to the e-mail addresses thereof;
shall have the same legal force as if it carries a handwritten (wet ink) signature.
5.6. Any Party has the right to terminate the agreement concluded on the basis of the Offerunilaterally out of court on its own initiative.
6. Responsibility of the Parties and settlement of disputes
6.1. In cases of non-performance or improper performance of their obligations under the agreement concluded on the basis of the Offer, the Parties shall be liable in accordance with the legislation of Hong Kong.
6.2. The Contractor shall not be liable in case of improper performance of this Offer if it was the result of the inaccuracy, insufficiency, or untimeliness of the information provided by the Customer, as well as other violations of the terms of this Offer by the Customer.
6.3. The Contractor is not responsible for the materials that the Customer places on the dedicated servers, virtual private servers, cloud, or storage, as well as for the actions that the Customer performs using the services of the Contractor.
6.4. In case the Customer, for reasons beyond the control of the Contractor, has not used the Service and has not notified the Contractor of its desire to renounce the further right to provide Services, the Service is considered to be provided properly.
6.5. The Parties shall not be liable for breach of their obligations under this Offer, if such breach resulted from a circumstance or event that could not be reasonably foreseen (force majeure), including floods, other natural disasters, military actions, decisions, and actions of public authorities or other events. A certificate issued by an authorized body shall be a proper confirmation of the existence of force majeure circumstances and their duration for the Parties.
6.6. All disputes arising under this Offer shall be settled by the Parties through negotiations and mutual consultations.
6.7. If it is impossible to solve a dispute between the Parties in the negotiation process, the dispute is submitted to the competent courts of Hong Kong.
6.8. The Offer and the agreement concluded on the basis of the Offer are governed by legislation of Hong Kong Special Administrative Region, China excluding its conflict of laws rules.