Terms of Service

1. Acceptance of Terms

By visiting this website, submitting an enquiry or instructing Shining Solutions Property (Hong Kong) Limited to carry out work, you accept these Terms of Service in full. These terms operate alongside any written proposal, engagement letter or contract that we issue for a specific project. Where a signed project agreement conflicts with these terms, the project agreement takes precedence for that project.

If you are accepting these terms on behalf of an organisation, you confirm that you have authority to bind that organisation. If you do not have that authority, you must not accept the terms or instruct work on the organisation behalf.

2. Definitions

In these terms, the Company means Shining Solutions Property (Hong Kong) Limited. The Client means the person or organisation that engages the Company or uses this website. Services means the computer integrated systems design and related professional services described on this website and in any project documentation. Deliverables means the drawings, schedules, reports, documentation and other materials produced by the Company. Website means the pages served under the domain of the Company.

References to writing include email unless a specific provision requires a signed document. The singular includes the plural where the context allows, and headings are for convenience only and do not affect interpretation.

3. Eligibility and Authority

This website and our services are intended for businesses, property owners, managing agents and professional project teams. By using the site you confirm that you are at least eighteen years of age and legally capable of entering into binding agreements in your jurisdiction.

Where a project involves a building, you confirm that you have, or will obtain, the authority of the owner or the responsible party to instruct work and to grant access. The Company is entitled to rely on the instructions of the person who engages it and is not obliged to verify the internal authority of a client organisation.

4. Permitted Use of the Website

You may use this website for lawful purposes connected with learning about our services and contacting us. You agree not to misuse the site. Misuse includes attempting to gain unauthorised access to any system, interfering with the normal operation of the site, introducing malicious code, scraping content at a volume that burdens our hosting, or using the site in a way that infringes the rights of others.

All content on the site is provided for general information. It does not constitute a technical specification, a design, or professional advice for any particular building. You should not rely on website content as a substitute for a site survey and a written proposal prepared for your circumstances.

5. Scope of Services

The Company provides computer integrated systems design, coordination and related professional services. These include Building Systems Integration, Access Control Deployment, CCTV and Sensor Networks, Fire Alarm Interface Works, Smart Building Retrofits and Facilities Data Platforms. Each engagement is defined by a written scope that states what is included, what is excluded, and the assumptions on which the price and schedule rest.

The Company designs, specifies and coordinates. It is not a fire safety contractor, a security company or a building contractor, and it does not replace the licensed trades responsible for regulated installations. Where the law requires a licensed party to certify or install a system, that party is engaged by the client and the Company coordinates the interface. Any work outside the agreed scope requires a written variation before it proceeds.

6. Proposals and Quotations

Proposals and quotations issued by the Company are valid for the period stated in the document, or for thirty days if no period is stated. A proposal becomes binding when the Client accepts it in writing or instructs the Company to begin work.

Quotations are prepared on the basis of the information available at the time. If a survey reveals conditions that differ materially from the information provided, or if the client changes the brief, the Company may adjust the price and schedule and will explain the reasons before proceeding.

7. Client Responsibilities

The Client agrees to provide accurate information about the property, existing systems and any constraints that affect the work. The Client will make available the records it holds, arrange reasonable access to the site, and nominate a point of contact who can give timely decisions.

The Client is responsible for obtaining any consents required from owners, occupiers, insurers or authorities, and for ensuring that other trades cooperate with the agreed programme. Delays or additional costs caused by incomplete information, restricted access or late decisions are the responsibility of the Client.

8. Fees and Payment

Fees are set out in the accepted proposal. Unless stated otherwise, invoices are payable within the period shown on the invoice. The Company may charge interest on overdue amounts and may suspend work where an undisputed invoice remains unpaid after a reasonable reminder.

Amounts are exclusive of applicable taxes unless stated otherwise. Expenses reasonably incurred in the delivery of the services, such as travel to sites outside the agreed area, are chargeable where the proposal provides for them. The Client is responsible for the fees of any third party trade or supplier it engages.

9. Scheduling and Access

Programmes are indicative and depend on access, weather, the availability of third party trades and the cooperation of building occupants. The Company will give reasonable notice of site visits and will work flexibly around operating hours, including night or weekend work where the project requires it.

If access is refused or delayed through no fault of the Company, the Company may treat the affected work as suspended, adjust the schedule and charge for time lost, provided it has given reasonable notice of the need for access.

10. Intellectual Property

All intellectual property rights in this website and in the Company standard methods, templates and know how remain with the Company. Upon full payment, the Client receives a licence to use the Deliverables prepared for its project for the operation, maintenance and modification of the relevant building.

The Client may not resell, publish or reuse the Deliverables for another property or another client without written permission. The Company may retain a copy of project documentation for its records, for professional indemnity purposes and to support future maintenance of the installation.

11. Deliverables and Handover

Deliverables are issued in the formats described in the proposal. The Company aims to provide clear, usable documentation, including as built records, addressing schedules and acceptance records where those form part of the scope. Handover is complete when the agreed acceptance activities are finished and the handover pack is issued.

The Client is responsible for storing the handover pack safely and for passing it to future managing agents or maintenance providers. The Company can supply replacement copies on request, subject to availability and any reasonable charge.

12. Third Party Systems and Materials

The Company may specify equipment, software or services supplied by third parties. Such items are subject to the terms, warranties and licensing conditions of their manufacturers or suppliers. The Company is not the manufacturer and does not warrant third party products beyond the warranty that the supplier passes through.

Where the Company coordinates third party trades, it does so as the Client agent for integration purposes. The contract for the supply or installation of those works may be between the Client and the relevant supplier, and the Company is not liable for the acts or omissions of that supplier.

13. Confidentiality

Each party will keep confidential the non public information of the other that it receives in connection with a project. This includes building plans, security arrangements, credential information and commercial terms. Confidential information may be used only for the purposes of the engagement and may be disclosed only to those who need it to deliver the work.

These obligations do not apply to information that is already public, that is independently developed, or that must be disclosed by law. Where disclosure is required, the party disclosing will, where lawful, give the other party notice so that protective steps can be considered.

14. Warranties and Disclaimers

The Company will perform the services with reasonable skill and care, consistent with good industry practice for computer integrated systems design. The Company does not warrant that any system will be free from every fault, that a particular energy or operational result will be achieved, or that third party products will perform without interruption.

This website is provided on an as available basis. While the Company takes care to keep the content accurate, it gives no warranty that the site will be uninterrupted or error free, and it may change or withdraw content at any time without notice.

15. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of business or loss of data, however arising. The Company total liability in connection with an engagement is limited to the fees paid for the services giving rise to the claim.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, for death or personal injury caused by negligence, or for any other matter where exclusion is prohibited by the law of the Hong Kong Special Administrative Region.

16. Indemnity

The Client agrees to indemnify the Company against claims, losses and costs arising from information the Client supplies that is inaccurate, from the Client failure to obtain a required consent or authority, or from the Client use of the Deliverables in a manner inconsistent with the agreed scope or with applicable law.

The Company agrees to indemnify the Client against claims that the Company own design work, when used as intended, infringes the intellectual property rights of a third party, provided the Client promptly notifies the Company and allows it to control the defence.

17. Termination

Either party may terminate an engagement by written notice if the other commits a material breach that is not remedied within a reasonable period after notice, or if the other becomes insolvent or ceases to trade. Termination does not affect rights that have already accrued.

On termination, the Client will pay for services performed and commitments properly made up to the date of termination. The Company will provide the Deliverables completed to that date and any records needed to protect the safety and operation of the building.

18. Force Majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control. Such events include natural disasters, severe weather, epidemic disease, civil disorder, industrial action, failure of public utilities or transport, and government action. The affected party will notify the other promptly and will use reasonable efforts to resume performance.

If a force majeure event continues for an extended period, either party may terminate the affected part of the engagement by written notice, and the Client will pay for work properly performed up to that point.

19. Governing Law and Disputes

These terms are governed by the laws of the Hong Kong Special Administrative Region. The parties will first attempt to resolve any dispute through good faith discussion between senior representatives. If the dispute is not resolved within a reasonable period, it will be referred to the exclusive jurisdiction of the courts of Hong Kong.

Before commencing formal proceedings, the parties may agree to attempt mediation. Nothing in this clause prevents either party from seeking urgent interim relief where that is necessary to protect its rights.

20. Notices and Communication

Notices under these terms may be sent by email to the address each party has nominated, or by hand delivery to the registered office of the Company. A notice sent by email is treated as received on the next business day after transmission, unless the sender receives an automated failure message. A notice delivered by hand is treated as received when it is signed for at the address.

The Client should direct project correspondence to the contact person named in the proposal and direct contractual notices to the Company business address in Tsim Sha Tsui. The Company will send operational updates to the Client nominated contact. Each party will inform the other promptly if its nominated contact or contact details change, so that important messages are not missed.

21. Assignment and Subcontracting

The Client may not assign or transfer its rights or obligations under an engagement without the prior written consent of the Company. The Company may assign its rights to a successor in the same business, provided the successor accepts the obligations owed to the Client.

The Company may engage sub-contractors, specialist consultants or surveyors to support the delivery of the services. Where it does so, the Company remains responsible for the coordination of that work and for the standard of the services it has agreed to provide. The use of a sub-contractor does not release the Company from its obligations to the Client under the accepted proposal.

22. Severability and Waiver

If any provision of these terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, or if that is not possible, it will be severed. The remaining provisions will continue in full force and effect, and the parties will negotiate in good faith a replacement provision that reflects the original intention.

A failure or delay by either party in exercising a right under these terms does not amount to a waiver of that right, and a single or partial exercise of a right does not prevent any further exercise. Any waiver must be given in writing to be effective, and it applies only to the specific instance and purpose for which it was given.

23. Changes to These Terms

The Company may update these Terms of Service from time to time. The version published on this website at the time of your use governs that use. Material changes will be reflected in the date shown at the foot of the page.

Project engagements are governed by the terms in force when the engagement was accepted, unless the parties agree in writing to apply an updated version. Continued use of the website after an update indicates acceptance of the revised terms.

24. Contact Information

If you have a question about these terms, or if you wish to discuss a project before instructing work, please contact us by email or telephone. We will be glad to explain how the terms apply to your situation.