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TERMS AND CONDITIONS
- Company Information
Name: Reality Group Limited
Legal Form: Limited Liability Company existing under the laws of Hong Kong
Registration Number: 3019146
- General
These terms and conditions apply to all services and products ("Services" or "Products") provided by Reality Group Limited ("Reality Group"). By engaging our Services or purchasing our Products, the client ("Client") agrees to these terms. Any deviations must be agreed upon in writing.
- Definitions
- Client: The individual or entity engaging Reality Group's Services or purchasing its Products.
- Services: The consulting, design, project management, vendor sourcing, production supervision, or other services provided by Reality Group.
- Products: The physical or digital goods provided by Reality Group.
- Deliverables: The final outputs provided to the Client as part of the Services.
- Force Majeure: Events beyond the reasonable control of either party, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government restrictions, or pandemics.
- Nature of Services and Products
4.1. Collaborative Process for Services:
The Client acknowledges that our work often involves a collaborative process of exploration and refinement. Reality Group is committed to working closely with the Client to ensure the Deliverables align with their vision and objectives. Open communication, timely feedback, and mutual understanding are key to achieving a successful outcome.
4.2. Scope of Services and Products:
The scope of Services or details of Products will be defined in a Statement of Work (SOW), Service Agreement, or Product Description agreed upon by both parties. Any changes to the scope or specifications must be documented in writing and may result in additional fees or adjustments to the timeline.
- Client Responsibilities
5.1. Brief and Feedback (for Services):
For Services, the Client agrees to provide a clear and detailed brief, including objectives, preferences, and any relevant materials, to guide the process. The Client must provide timely and constructive feedback during the project to ensure alignment with expectations.
5.2. Approval of Deliverables (for Services):
The Client is responsible for reviewing and approving Deliverables at each stage of the project. Once a Deliverable is approved, any subsequent changes may incur additional charges.
5.3. Product Specifications (for Products):
The Client is responsible for reviewing and confirming the specifications of Products before purchase. Any changes to Product specifications after confirmation may result in additional costs or delays.
- Intellectual Property (IP)
6.1. Ownership of Services Deliverables:
All intellectual property rights in the final Deliverables (e.g., designs, concepts, creative work) will transfer to the Client only as agreed in the contract and upon full payment of all fees. Until full payment is received, Reality Group retains ownership of all IP rights.
6.2. Licensing of Rejected Work (for Services):
If the Client rejects any work, Reality Group retains ownership and may use, modify, or license the rejected work to other clients.
6.3. Third-Party Materials:
If third-party materials (e.g., stock images, fonts, components) are used in the Services or Products, the Client is responsible for obtaining the necessary licenses.
- Fees and Payment
7.1. Quotation and Invoicing:
Fees for Services or Products will be outlined in a written quotation, SOW, or Product Description. Invoices will be issued in HKD, CNY, EUR, USD or another agreed currency.
7.2. Payment Terms:
Payment is due as agreed in the contract and on the invoice. Unless otherwise agreed, payment is due within 30 days after the invoice issue date. Late payments incur interest at 1.5% per month on overdue amounts and may result in suspension of Services or withholding of Products until payment is received.
7.3. Additional Costs:
Any additional costs (e.g., revisions beyond the agreed scope, third-party fees, or customizations) will be communicated to the Client and invoiced separately.
7.4. Refunds:
No refunds will be issued for Services rendered or Products delivered prior to cancellation or termination, except as required by law.
- Revisions and Changes
8.1. Included Revisions :
The number of revisions included in the fee will be specified in the SOW. Additional revisions will be charged at the standard hourly rate.
8.2. Change Requests:
Any changes to the scope of work or Product specifications must be submitted in writing and may result in additional fees and timeline adjustments.
- Delivery and Timeline
9.1. Delivery Dates:
Estimated delivery dates for Services or Products will be provided in the SOW or Product Description but are subject to change based on Client feedback, scope changes, or unforeseen circumstances.
9.2. Delays:
Delays caused by the Client (e.g., late feedback, change requests, or delayed approvals) may extend the project timeline or delay Product delivery.
- Subjective Nature of Creative Work
10.1. Professional Standards (for Services):
Reality Group agrees to perform the Services with reasonable skill, care, and professionalism, in line with industry standards.
10.2. Client’s Role in Alignment (for Services):
The Client acknowledges that achieving alignment with their vision requires active participation, including providing clear briefs, timely feedback, and approvals at key stages of the project. - Warranty
Reality Group warrants that all Services will be performed with reasonable skill and care, and Products will conform to the agreed specifications. Any defects must be reported within 14 days of delivery.
- Cancellation and Termination
12.1. Cancellation by Client:
The Client may cancel the project or Product order at any time by providing written notice. If the service or order cancellation is accepted by Reality Group, the Client is responsible for payment of all work completed, products produced, or products ordered up to the cancellation date, including any non-refundable expenses incurred. Additionally, the Client agrees to compensate for any losses or allocated resources, such as reserved time or materials, that cannot be immediately reallocated to other projects.
12.2. Termination by Reality Group Limited:
Reality Group may terminate the Services or Product orders if the Client fails to meet their obligations, including but not limited to non-payment, lack of feedback, or delayed approvals. In such cases, the Client remains accountable for any losses, costs, or allocated resources incurred by Reality Group up to the termination date. This includes payment for all work completed, products produced, or products ordered, as well as compensation for any resources that cannot be immediately reallocated to other projects.
- Limitation of Liability
13.1. Exclusion of Consequential Damages:
Reality Group Limited is not liable for any indirect, consequential, or incidental damages arising from the Services or Products.
13.2. Maximum Liability:
Reality Group Limited’s total liability is limited to the total fees paid by the Client for the specific Services or Products in question.
- Force Majeure
Reality Group Limited shall not be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government restrictions, pandemics, or any other events deemed to be force majeure. In such cases, Reality Group Limited will make reasonable efforts to notify the Client and resume performance as soon as practicable. If the force majeure event persists for more than 15 days, either party may terminate the agreement without liability, except for payment of services rendered or products delivered up to the date of termination.
- Data Protection
Reality Group Limited will handle all Client data in accordance with applicable data protection laws and its Privacy Policy, available on its website.
- Confidentiality
16.1. Confidential Information:
Both parties agree to keep confidential information (e.g., business plans, creative concepts, Product specifications) confidential and not disclose it to third parties without prior written consent.
16.2. Exceptions:
Confidentiality obligations do not apply to information that is publicly available or independently developed by the receiving party.
- Governing Law and Dispute Resolution
17.1. Governing Law:
These terms are governed by the laws of Hong Kong.
17.2. Dispute Resolution:
Any disputes will first be resolved through good-faith negotiations. If unresolved, disputes will be settled through arbitration in Hong Kong under the rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitration will be conducted in English.
- Miscellaneous
18.1. Notices:
All notices must be in writing and delivered via email or registered mail to the addresses specified in the contract.
18.2. Third-Party Rights:
This agreement does not create any rights enforceable by third parties under the Contracts (Rights of Third Parties) Ordinance.
18.3. Severability:
If any provision is found invalid, the remaining provisions remain in full force and effect.
18.4. Entire Agreement:
These terms, along with the SOW, Service Agreement, or Product Description, constitute the entire agreement between the parties.
18.5. Amendments:
Any amendments to these terms must be in writing and signed by both parties.
- Acceptance of Terms
By engaging Reality Group Limited’s Services or purchasing its Products, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.