POTIS GROUP LIMITED · Rm 1002 10/F EASEY COML BLDG, 253-261 HENNESSY RD, Wan Chai, Hong Kong
These Terms of Service govern the use of this website and the chamber services offered by POTIS GROUP LIMITED, a Hong Kong company whose registered office is at Rm 1002 10/F EASEY COML BLDG, 253-261 HENNESSY RD, Wan Chai, Hong Kong. In these Terms the words we, us, our and the Company refer to POTIS GROUP LIMITED, and the words you and your refer to any person who visits this website or engages the chamber.
By accessing this website, by submitting the contact form, by writing to info@potisgroup.lat or by calling +85259464806, you agree to be bound by these Terms. If you do not accept these Terms, you should not use the website or engage the chamber. These Terms apply to the website and its content, and they also form the standing basis on which the chamber offers its services unless a separate written engagement letter signed by both parties says otherwise.
Where a signed engagement letter conflicts with these Terms, the engagement letter prevails for the services it covers. In all other respects these Terms continue to apply.
In these Terms the following words have the meanings given to them below. A reference to a document includes any amendment or replacement of it, and a reference to a person includes a company, a partnership and any other legal entity.
This website and the chamber services are intended for businesses and their professional advisers. By using the website or engaging the chamber, you confirm that you are at least eighteen years of age and that you have the legal capacity to enter into a binding agreement.
Where you act for a Venture, you confirm that you are duly authorised to give instructions to the Company on its behalf, to receive reports and notices on its behalf and to bind the Venture to these Terms. You agree to provide evidence of that authority if the Company reasonably asks for it.
You also confirm that any information you provide to the chamber is accurate and complete to the best of your knowledge, and that you will tell us promptly if it changes in a way that affects the Engagement.
The chamber provides six chapters of standing practice. Holding structure design covers the design of holding companies, intermediate layers and branch entities, together with the constitutional arrangements that fit the commercial intent of the council. Cross company accounting covers the common chart of accounts, the posting of intercompany transactions, the monthly close and the preparation of consolidated reporting.
Compliance and filings covers the maintenance of a dated compliance calendar, the preparation and lodgement of statutory filings and the archiving of evidence of submission. The shared service desk covers bookkeeping intake, invoicing, purchase processing, payroll coordination, vendor correspondence and records archiving.
Venture board reporting covers board papers, management accounts, variance notes, decision memoranda and sealed minutes, together with the tracking of actions. Treasury and cash coordination covers forecasting, payment sequencing, distribution planning, reserve management and the control of banking mandates and reconciliations.
The precise scope of any Engagement is set out in the engagement letter or confirmed in writing by the chamber desk. Work outside that scope may be undertaken by separate agreement and may attract additional fees.
Nothing on this website is an offer that is capable of acceptance so as to create a binding Engagement by itself. An Engagement is formed only when the Company confirms in writing that a Venture has been seated, or when the parties sign an engagement letter.
The chamber may decline to seat any Venture at its discretion and without giving reasons. In particular, the chamber may decline where it has a conflict of interest, where the proposed work falls outside its competence, where information provided appears inaccurate or misleading, or where seating the Venture would breach a legal or regulatory duty.
Before seating a Venture the chamber may carry out identity, ownership and compliance checks. The Venture agrees to cooperate with those checks and to provide the documents reasonably requested.
A seated Venture agrees to provide complete, accurate and timely information to the chamber, and to deliver documents and instructions within the periods requested so that filings, accounts and reports can be prepared and lodged on schedule.
The Venture agrees to maintain its own legal and regulatory responsibilities where those cannot be delegated, including the duty of its directors to act properly in the interests of the company. The chamber supports the Venture but does not replace its officers or its own advisers.
The Venture agrees to keep confidential credentials and access details secure, to tell the chamber promptly of any change in its ownership, officers, banking arrangements or business that may affect the Engagement, and to cooperate with any reasonable request connected with security, auditing or compliance.
Fees for chamber services are set out in the engagement letter or in a written schedule agreed with the Venture. Unless stated otherwise, fees are quoted in Hong Kong dollars and are exclusive of any disbursements, taxes or statutory charges that may apply.
Disbursements may include filing fees, bank charges, postage, courier costs and the cost of any external professional service that the chamber is instructed to obtain on behalf of the Venture. Such amounts are charged at cost or as otherwise agreed in writing.
Invoices are payable within the period stated on the invoice. Where an invoice is not paid by its due date, the chamber may charge interest on the outstanding amount, suspend work and suspend the Venture seat until payment is received, and recover reasonable costs of collection.
Fees are reviewed from time to time. The chamber will give reasonable notice before a change takes effect, and continued instructions after that date confirm acceptance of the revised fees.
The Venture owns the Records it provides to the chamber. The chamber holds those Records in confidence and uses them only to carry out the Engagement, to meet its legal duties and to protect its own rights.
The chamber may rely on any instruction that appears to come from an authorised representative of the Venture. Where an instruction is unusual, unclear or high in value, the chamber may ask for written confirmation before acting.
On termination of an Engagement, the chamber will return or make available the Records that belong to the Venture, subject to any retention required by Hong Kong law and to payment of outstanding fees. The chamber may keep copies where the law requires it to do so.
Each party will keep confidential the non public information of the other that it receives in connection with the website or an Engagement. Confidential information may be used only for the purpose for which it was disclosed and may be shared only with those who need it and who are bound by comparable duties.
Confidentiality does not apply to information that is already public, that becomes public without breach of duty, that is independently developed without use of the confidential information or that must be disclosed by law or by a competent authority.
The chamber may describe the general nature of its practice in promotional material, but it will not identify a Venture or disclose its affairs without permission, except where the law or a professional duty requires disclosure.
All intellectual property in this website, including its text, layout, graphics, styling and code, belongs to POTIS GROUP LIMITED or is used under licence. You may read, print and share the public pages for lawful business purposes, but you may not copy, adapt, republish or exploit them commercially without written permission.
The chamber retains ownership of its methods, templates, checklists, systems and know how, including anything developed in the course of an Engagement. The Venture receives a licence to use the deliverables prepared for it for its own internal business purposes.
Nothing in these Terms transfers ownership of the chamber name, its arch mark or any other branding to the Venture, and the Venture may not use the chamber branding without written consent.
You may use this website for lawful purposes connected with learning about the chamber and contacting it. You agree not to interfere with the operation of the website, not to attempt to gain unauthorised access to any system, not to introduce malicious code and not to scrape or harvest content or contact details for unauthorised purposes.
You agree not to use the website in a way that damages the reputation of the Company, misleads any person or breaches any applicable law. The chamber may restrict or block access where it reasonably believes that the website is being misused.
The website is provided continuously on a reasonable efforts basis. The chamber may change, suspend or withdraw any part of it without notice, including for maintenance or security reasons.
This website may refer to or link to third party materials, including professional guidance and the sites of counterparties. Those materials are provided for convenience only and are not under the control of the Company.
The Company does not endorse and is not responsible for the accuracy, completeness, legality or security of any third party material. If you rely on it, you do so at your own risk and you should review the terms and privacy practices of the third party concerned.
Where a third party service is used in connection with an Engagement, its own terms may apply in addition to these Terms. To the extent of any conflict concerning that service, the third party terms govern the relationship with that third party.
The content of this website is general information about the chamber and its services. It is not legal advice, tax advice, accounting advice, investment advice or any other form of professional advice, and it must not be relied on as such.
Chamber services are delivered under a separate Engagement and are tailored to the facts of a particular Venture. No advisory relationship is created by visiting the website or by sending an enquiry to the chamber desk.
You should obtain advice appropriate to your circumstances before acting on anything you read on this website or receive in general correspondence.
The website is provided as it stands. To the fullest extent permitted by Hong Kong law, the Company disclaims all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non infringement.
The Company does not warrant that the website will be uninterrupted, error free or free of harmful components, or that any defect will be corrected. The Company does not warrant that information on the website is complete, current or suitable for any particular purpose.
Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited, including rights that may arise under the applicable consumer protection legislation of Hong Kong.
To the fullest extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, goodwill, data or business opportunity, however arising and whether or not the possibility of such loss was known.
Where liability cannot be excluded, the total liability of the Company to a Venture in connection with an Engagement is limited to the fees paid by that Venture to the Company for the twelve months preceding the event that gave rise to the claim, or to the amount permitted by the applicable professional rules, whichever is greater.
Nothing in this section limits liability for fraud, for wilful misconduct or for any matter that cannot be limited by law. The limitations in this section reflect a reasonable allocation of risk between the parties and form part of the basis on which fees are set.
The Venture agrees to indemnify the Company against any loss, damage, cost or expense that the Company reasonably incurs as a result of a breach of these Terms by the Venture, the provision of inaccurate or misleading information, an instruction that the Venture was not authorised to give or the misuse of chamber systems or credentials.
The indemnity does not apply to the extent that the loss results from the negligence or wilful misconduct of the Company. Where a claim is made, the Company will take reasonable steps to mitigate the loss and will keep the Venture informed of material developments.
Any amount payable under this indemnity is subject to the limitations set out in the preceding section.
Either party may end an Engagement by giving the other reasonable written notice. The chamber may suspend or end an Engagement immediately where it is required to do so by law, where a conflict of interest arises that cannot be managed, where fees remain unpaid after a due date or where continued service would require the chamber to act improperly.
On termination, the Venture remains liable for fees for work carried out up to the date of termination and for any committed costs properly incurred. The chamber will complete any filing that is already due and will hand over Records as described under Venture Records and Instructions.
Provisions that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability, indemnity and governing law, continue in force after the Engagement ends.
The Company will not be in breach of these Terms, and will not be liable, for a delay or failure in performance caused by an event beyond its reasonable control. Such events include natural disasters, epidemics, public emergencies, war, civil disorder, government action, failure of public networks or power supplies, and the acts of a third party that the Company could not reasonably prevent.
Where such an event occurs, the Company will notify the Venture as soon as it reasonably can, will take reasonable steps to reduce the effect and will resume performance promptly once the event has passed. If the event continues for a prolonged period, either party may end the affected Engagement on written notice.
Notices to the Company should be sent to info@potisgroup.lat or to the chamber address at Rm 1002 10/F EASEY COML BLDG, 253-261 HENNESSY RD, Wan Chai, Hong Kong. Notices to a Venture will be sent to the email address or postal address most recently provided to the chamber.
A notice sent by email is treated as received on the next business day after it was sent, unless the sender receives an automated failure message. A notice sent by post is treated as received on the third business day after posting. Notices are in English unless the parties agree otherwise in writing.
It is the responsibility of the Venture to keep its contact details current so that notices reach it without delay.
These Terms are governed by the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any dispute arising out of or in connection with these Terms, the website or any Engagement.
Before starting proceedings, the parties will try in good faith to resolve the matter through discussion between senior representatives. If discussion does not resolve the matter within a reasonable period, either party may refer it to mediation in Hong Kong before resorting to litigation.
Nothing in this section prevents either party from applying to a court for urgent relief where this is necessary to protect its rights.
These Terms, together with the Privacy Policy and any engagement letter, form the entire understanding between the parties on the matters they cover and replace any earlier discussion or representation on those matters.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in force and the invalid provision is read down so as to give effect to its intention as far as the law allows. A failure to enforce a provision is not a waiver of it.
The Company may assign or transfer its rights and obligations under these Terms as part of a reorganisation or transfer of its practice. A Venture may not assign its rights or obligations without the written consent of the Company.
These Terms may be updated from time to time, and the revised version takes effect when it is published on this page. Continued use of the website or continued instructions after that date confirm acceptance of the revision. If you have any question about these Terms, please write to info@potisgroup.lat or call +85259464806, and the chamber desk will be glad to help.
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