TheseTerms and Conditions ("Agreement") are a legally binding agreementbetween you ("Client," "you," or "your") and HK Kefan Advertising Limited, a companyincorporated under the laws of Hong Kong, with its registered office located at137 - 139 Nickel Hill Road Central, Hong Kong ("Service Provider,""we," "us," or "our"). By accessing or using ourservices, you agree to comply with and be bound by this Agreement.
1. Definitions
For the purposes ofthis Agreement, the following terms will have the meanings described below:
● "Services" refers to the digitalmarketing, media buying, advertising, and software development services offeredby the Service Provider.
● "Client" refers to the individual orentity that has engaged the Service Provider for the provision of Services.
2. Services
The Service Provideragrees to provide the Services outlined in a separate service agreement orproposal provided to the Client. The scope of the Services may include but isnot limited to:
● Digital marketing and advertisingcampaigns on platforms such as Google Ads, Facebook Ads, and TikTok Ads.
● Real-time bidding (RTB)advertising.
Any additionalservices requested by the Client will require a separate agreement or amendmentto this Agreement.
3. Payment Terms
The Client agrees topay the Service Provider according to the terms set forth in the serviceagreement or invoice. All payments must be made in the currency specified inthe invoice and within the payment deadlines outlined therein. Failure to maketimely payments may result in the suspension or termination of Services.
4.Client Obligations
The Client agrees to:
● Provide all necessary information,documentation, and access required for the Service Provider to carry out theServices.
● Cooperate with the ServiceProvider in a timely and efficient manner.
● Comply with any applicable laws,rules, or regulations related to the Services.
5. Confidentiality
Both parties agree tomaintain the confidentiality of any proprietary or confidential informationexchanged during the course of this Agreement. Neither party shall disclosesuch information to any third party without the express written consent of theother party, except as required by law.
6. Intellectual Property
All intellectualproperty rights related to the Services, including but not limited to anysoftware, tools, or methodologies developed by the Service Provider, shallremain the exclusive property of the Service Provider. The Client may use anydeliverables provided under this Agreement solely for its internal businesspurposes.
7. Warranties and Liability
● The Service Provider warrants thatthe Services will be performed in a professional and workmanlike manner inaccordance with industry standards.
● The Service Provider shall not beliable for any indirect, incidental, special, or consequential damages arisingout of or in connection with the Services, even if advised of the possibilityof such damages.
● The total liability of the ServiceProvider, whether in contract or tort, shall not exceed the fees paid by theClient for the Services.
8. Termination
Either party mayterminate this Agreement by providing 30 days' written notice. In the event oftermination, the Client agrees to pay for all Services rendered up to theeffective date of termination. The Service Provider reserves the right toterminate this Agreement immediately in the event of non-payment or breach ofany other term of this Agreement by the Client.
9. Governing Law
This Agreement shallbe governed by and construed in accordance with the laws of Hong Kong. Anydisputes arising under or in connection with this Agreement shall be subject tothe exclusive jurisdiction of the courts of Hong Kong.
10. Force Majeure
Neither party shall beliable for any delay or failure to perform its obligations under this Agreementdue to circumstances beyond its reasonable control, including but not limitedto natural disasters, war, strikes, or government actions.
11. Amendments
This Agreement may beamended only by written consent of both parties. Any changes to the scope ofthe Services or payment terms must be agreed upon in writing by both parties.
12. Entire Agreement
This Agreementconstitutes the entire agreement between the parties and supersedes all prioror contemporaneous communications, representations, or agreements, whether oralor written.
13. Notices
All notices under thisAgreement shall be in writing and delivered by email, mail, or courier to theaddresses of the parties as set forth in the service agreement or otherwisecommunicated.
