Legal
Terms & Conditions
Last Updated: 14 February 2025 | Effective Date: 14 February 2025
1. Definitions
- "Cinnabar Arc", "we", "us", "our" — refers to Cinnabar Arc, a business advisory practice operating from Unit 08, 17th Floor, Emerald Place, 62 Hoi Wan Street, Quarry Bay, Hong Kong.
- "Service" or "Services" — advisory services provided by Cinnabar Arc, including Exit Strategy Planning, Cross-Functional Team Effectiveness, and Regulatory Affairs Strategy.
- "Client", "you", "your" — the individual or organisation engaging Cinnabar Arc under a formal engagement agreement.
- "Website" — the Cinnabar Arc website accessible at cinnabar.pro.
- "Engagement Agreement" — the written scope document signed or confirmed by both parties prior to the commencement of any advisory work.
- "Content" — all materials, documents, reports, and recommendations produced by Cinnabar Arc in connection with an engagement.
2. Acceptance of Terms
By using our Website or engaging our Services, you confirm that you are at least 18 years of age, that you have the legal capacity to enter into binding agreements, and that you accept these Terms & Conditions in full. If you are engaging our Services on behalf of an organisation, you confirm that you have authority to bind that organisation to these terms.
3. Service Description
Cinnabar Arc provides independent business advisory services to organisations operating primarily in Hong Kong and the Asia-Pacific region. Our Services are provided as described in individual Engagement Agreements. Services are subject to availability and to our assessment of whether an engagement is one where we can contribute usefully.
We reserve the right to decline an engagement at our discretion, including where we identify a conflict of interest or where we assess that we are not well-placed to contribute effectively.
4. Engagement Process
All advisory work is governed by a written Engagement Agreement specifying scope, deliverables, timeline, and fees. No billable work commences prior to the execution of an Engagement Agreement. Verbal instructions or informal arrangements do not constitute a binding engagement.
Variations to agreed scope require written confirmation from both parties before additional work proceeds.
5. User Responsibilities
In using our Website and Services, you agree to:
- Provide accurate and complete information as required for our Services
- Not use our Website for any unlawful purpose or in any way that could damage or impair the Website
- Not attempt to gain unauthorised access to any part of the Website or its related systems
- Not reproduce, distribute, or commercially exploit any content from our Website without our prior written consent
6. Intellectual Property
All Content produced by Cinnabar Arc in connection with an engagement remains the intellectual property of Cinnabar Arc until payment for the relevant engagement has been received in full, at which point ownership of deliverables transfers to the Client as specified in the Engagement Agreement.
All other content on the Website — including text, design elements, and methodological frameworks — remains the property of Cinnabar Arc and may not be reproduced or used without prior written permission.
7. Fees and Payment
Fees for advisory services are fixed amounts specified in the Engagement Agreement, denominated in Hong Kong Dollars (HKD) unless otherwise agreed. Payment terms are specified in the Engagement Agreement. Where payment is not received in accordance with agreed terms, Cinnabar Arc reserves the right to suspend or terminate the engagement.
8. Advisory Nature of Services
Our Services are advisory in nature. Recommendations provided are based on information available at the time of the engagement and on our professional judgement. We do not provide legal, financial, tax, or regulatory compliance advice, and our recommendations should not be treated as a substitute for advice from qualified legal or financial professionals.
Outcomes resulting from implementation of our recommendations are subject to factors outside our control and we make no representation regarding specific results.
9. Confidentiality
Both parties agree to treat the other's confidential information with appropriate discretion. Cinnabar Arc will not disclose client-specific information to third parties except as required by law or as authorised by the client. Where a formal Non-Disclosure Agreement is required, it may be executed as part of the engagement process.
10. Disclaimers
Our Website and Services are provided on an "as is" basis. While we take care to ensure the accuracy of information on our Website, we make no warranty as to its completeness or current accuracy. We are not liable for any loss arising from reliance on Website content outside the context of a formal engagement.
11. Limitation of Liability
To the maximum extent permitted by applicable law in Hong Kong, Cinnabar Arc's total liability in connection with any engagement shall not exceed the fees paid for that engagement. We exclude liability for indirect, consequential, or incidental loss arising from the provision of our Services, except where such exclusion is not permitted by law.
Nothing in these terms limits our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
12. Indemnification
You agree to indemnify Cinnabar Arc against any claims, losses, or costs arising from your use of our Website or Services in breach of these Terms & Conditions or applicable law.
13. Termination
Either party may terminate an engagement by providing written notice as specified in the Engagement Agreement. In the event of termination by the Client, fees for work completed to the date of termination are payable. Termination does not affect provisions of these terms that are intended to survive, including confidentiality and intellectual property terms.
14. Governing Law and Jurisdiction
These Terms & Conditions and any engagement with Cinnabar Arc are governed by the laws of Hong Kong. Any dispute arising from these terms or from an engagement shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR, unless the parties agree to an alternative resolution mechanism.
We encourage parties to seek informal resolution of disputes before pursuing formal legal proceedings.
15. General Provisions
- Entire agreement: These terms, together with any Engagement Agreement, constitute the entire agreement between the parties regarding the Services.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any provision of these terms does not constitute a waiver of the right to enforce it in future.
- Notices: Formal notices should be sent by email to [email protected] or in writing to our registered office address.
16. Changes to These Terms
We may update these Terms & Conditions from time to time. Updates will be reflected in the "Last Updated" date above. Continued use of our Website or Services following an update constitutes acceptance of the revised terms. Active engagements are governed by the terms in force at the time the Engagement Agreement was signed.
17. Contact
Cinnabar Arc
Unit 08, 17th Floor, Emerald Place
62 Hoi Wan Street, Quarry Bay, Hong Kong
Email: [email protected]
Phone: +852 5049 8091