Terms & Conditions

In these Terms and Conditions:

• "We," "Us," "Our," and "Elmkraft" refer to Elmkraft, a business consulting practice operating in Hong Kong.
• "You" and "Client" refer to the individual or organization accessing our website or engaging our consulting services.
• "Services" refers to the business consulting services we provide, including startup advisory, internal audit advisory, and strategic alliance structuring.
• "Agreement" refers to the specific engagement letter or contract governing a particular consulting engagement.
• "Website" refers to our online presence accessible at elmkrolas.biz.

By accessing our website or engaging our services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms and Conditions
• You are at least 18 years of age and have the legal capacity to enter into binding agreements
• If representing an organization, you have authority to bind that organization to these terms
• You will comply with all applicable laws and regulations when using our services

Elmkraft provides business consulting services to organizations in Hong Kong. Our services include:

• Startup Advisory & Growth Consulting for early to mid-stage startups
• Internal Audit & Controls Advisory for organizations strengthening governance
• Strategic Alliance & Joint Venture Structuring for collaborative partnerships

Service availability, scope, and deliverables are defined in individual engagement letters. These Terms and Conditions supplement but do not replace specific engagement agreements.

We reserve the right to decline engagements that fall outside our expertise or where we cannot provide appropriate value.

Initial Consultation

Initial consultations are exploratory conversations to understand your needs and determine if our services are appropriate. These conversations do not create any contractual obligations for either party.

Engagement Letters

All consulting engagements require a signed engagement letter that specifies:

• Scope of work and deliverables
• Timeline and key milestones
• Fees and payment terms
• Confidentiality obligations
• Termination conditions

Commencement

Work begins only after both parties have signed the engagement letter and initial payment (if required) has been received.

To ensure successful engagement outcomes, you agree to:

• Provide accurate, complete, and timely information as requested
• Make knowledgeable personnel available for interviews and discussions
• Review deliverables and provide feedback within agreed timeframes
• Maintain confidentiality of our methodologies and work products
• Make timely payments in accordance with engagement terms
• Inform us of changes in circumstances that may affect the engagement
• Use our deliverables in accordance with their intended purpose

Our Intellectual Property

We retain all rights to our methodologies, frameworks, templates, and general knowledge developed through our practice. You may not reproduce, distribute, or create derivative works from our intellectual property except as specifically authorized in an engagement letter.

Deliverables

Upon full payment, you receive a limited, non-exclusive license to use engagement deliverables for your internal business purposes. You may not resell, redistribute, or use deliverables for consulting or advisory services to third parties without our written permission.

Your Information

You retain ownership of all information, data, and materials you provide to us. By providing such materials, you grant us a limited license to use them for the purposes of delivering our services.

Fees for our services are specified in individual engagement letters and may be structured as:

• Fixed-price engagements based on defined scope and deliverables
• Milestone-based payments tied to completion of specific phases
• Monthly retainers for ongoing advisory relationships

Payment terms typically require:

• Payment in Hong Kong Dollars (HKD) unless otherwise specified
• Invoice payment within 15 days of receipt
• Upfront payment or deposit for new client engagements

Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

We reserve the right to suspend work if payments become overdue until accounts are brought current.

We maintain strict confidentiality regarding all client information, subject to the following:

• All client information is protected under signed confidentiality agreements
• We do not disclose client names or engagement details without permission
• Team members access client information only as necessary to deliver services
• Confidentiality survives the termination of our engagement

We may disclose confidential information only when:

• Required by law, court order, or regulatory authority
• Necessary to protect our legal rights in a dispute
• You provide explicit written authorization
• The information becomes publicly available through no fault of ours

Service Limitations

Our services are provided on an "as is" basis. While we strive for high-quality deliverables, we make no warranties or guarantees regarding:

• Specific business outcomes or results
• Fundraising success or investor interest
• Regulatory approval or compliance certification
• Partnership or joint venture success
• Implementation effectiveness of our recommendations

Professional Advice Disclaimer

Our services constitute business consulting advice based on information available at the time of engagement. Our recommendations are not:

• Legal advice (consult qualified legal counsel for legal matters)
• Accounting or tax advice (consult qualified accountants for financial reporting)
• Investment advice (consult licensed financial advisors for investment decisions)
• Regulatory compliance certifications (consult appropriate regulators or auditors)

Third-Party Reliance

Our deliverables are prepared for your use only. Third parties should not rely on our work products without our written consent and appropriate engagement.

To the maximum extent permitted by Hong Kong law:

• Our total liability for any engagement is limited to the fees paid for that specific engagement
• We are not liable for indirect, consequential, special, or punitive damages
• We are not liable for lost profits, revenue, data, or business opportunities
• Claims must be brought within one year of the completion of the relevant engagement

These limitations do not apply to liability that cannot be excluded by law, such as liability for fraud or intentional misconduct.

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of our services, your violation of these terms, or your violation of any third-party rights. This indemnification survives the termination of our engagement.

Termination by Either Party

Either party may terminate an engagement by providing written notice as specified in the engagement letter, typically 14 days. Upon termination:

• You remain responsible for payment of fees for work completed to the termination date
• We will provide deliverables completed as of the termination date
• Confidentiality obligations continue after termination
• We will return or destroy client materials as requested

Immediate Termination

We may terminate immediately without notice if you breach material terms of our agreement, fail to make timely payments, or engage in conduct that creates legal or ethical conflicts.

Informal Resolution

In the event of any dispute, we encourage you to first contact us directly to seek an informal resolution. Most concerns can be addressed through direct communication.

Mediation

If informal resolution is unsuccessful, we agree to attempt mediation through a mutually agreed mediator before pursuing formal legal action.

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. Any legal disputes will be subject to the exclusive jurisdiction of the courts of Hong Kong.

Entire Agreement

These Terms and Conditions, together with any specific engagement letter, constitute the entire agreement between you and Elmkraft regarding our services.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms does not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer your rights or obligations under these terms without our written consent. We may assign our rights and obligations with reasonable notice to you.

Notice

All notices under these terms must be in writing and sent to the email addresses specified in the engagement letter or to [email protected].

We may update these Terms and Conditions from time to time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Material changes may be communicated directly to active clients. Your continued use of our services after changes are posted constitutes acceptance of the updated terms.

For questions about these Terms and Conditions or our services, please contact us: