Terms and Conditions of Service

These terms and conditions (the "Terms") form a legally binding agreement between AMD global Limited, a company incorporated in Hong Kong (company number 80784470) with its registered office at 50 Stanley Street, Central, Hong Kong, and trading as AMD Global ("AMD Global", "we", "us" or "our"), and the business that accepts them (the "Client" or "you"). We provide our services to businesses around the world.

You accept these Terms by ticking the acceptance box in the onboarding form or by paying for a Plan, whichever occurs first.

Our Privacy Policy, which explains how we handle personal data, forms part of this agreement.

In these Terms:

• "Client Content" means all material supplied by the Client, including text, photographs, videos, logos, reviews, prices and business information.
• "Customer Data" means personal data relating to the Client's customers, prospective customers or other individuals that is collected through the Website or through any system we operate for the Client.
• "Paid Period" means the period covered by the Client's most recent payment: one month on the monthly Plan, or 64 weeks on the annual Plan.
• "Plan" means the Client's monthly or annual subscription to the Services.
• "Services" means the services described in clause 4.
• "Website" means the website we design, build and host for the Client, including its pages, design, code, images we create, and any features or systems we build into it, such as enquiry forms or booking systems.
• "Working Day" means Monday to Friday, excluding public holidays.

The Services are provided exclusively to businesses, including sole traders, partnerships and companies, acting for business purposes.

By accepting these Terms, you confirm that you are at least 18 years of age, that you are acting in the course of your business, and that you are authorised to bind that business to these Terms.

As the Services are supplied to businesses, rights available only to consumers, including any cooling-off period, do not apply, to the extent permitted by the law applicable to you.

Each Plan includes:

1. Design and build: a website designed around the Client's business, written and built by us using the Client Content and imagery we create;
2. Hosting and security: keeping the Website online, secured with HTTPS and up to date;
3. Local search set-up: structuring the Website so that search engines can identify the Client's trade, location and service area;
4. Enquiry delivery: forwarding enquiries submitted through the Website to the Client by the agreed method; and
5. Updates: reasonable changes requested by the Client, such as new photographs, prices, services, wording or opening hours, which we normally complete on the same Working Day.

Work beyond reasonable updates, including a full redesign, a new booking or payment system, an online shop or a substantial number of new pages, falls outside the Plan and may require additional time or fees. We will agree any such work and its cost with the Client in writing before starting.

We aim to publish the Website within 7 days of our initial consultation, subject to the Client completing the onboarding form and providing all required materials and approvals. Any delay in doing so will extend this timeframe. All dates we give are estimates and are not guaranteed.

We may engage subcontractors and use software tools, including artificial intelligence tools for imagery and drafting, in providing the Services. We remain responsible for all work performed.

The Client will have an opportunity to review the Website before publication, and we will correct any errors brought to our attention.

No shipping. The Services are provided online. We host the Website on our own systems and make it available on the internet for the Client's use while the Plan is active. No physical goods, files or code are sent or shipped to the Client, and no shipping charges apply. Ownership of the Website is set out in clause 13.

The Client shall:

1. provide accurate and complete information and keep it up to date;
2. supply only Client Content that it owns or is authorised to use, including images of individuals or their property and customer reviews;
3. ensure that all statements on the Website about its business are true, including accreditations, memberships, insurance, guarantees, prices and reviews;
4. provide any business information that the law requires to be displayed on the Website, such as its legal name, registration number, registered address and tax number;
5. respond to our questions and review requests within a reasonable time;
6. review the Website once published and promptly notify us of any errors;
7. respond to its own enquiries, which remain the Client's responsibility once forwarded by us;
8. keep confidential any passwords or access links we provide; and
9. comply with its obligations in respect of Customer Data under clause 15.

The Services are offered on a single Plan, payable in one of two ways:

1. Monthly: payable monthly in advance; or
2. Annual: payable in advance at twelve times the monthly fee, covering a period of 64 weeks (one year plus 12 additional weeks) and renewing every 64 weeks.

The fee and currency applicable to the Client's Plan are shown in the onboarding form and on the payment page before payment. Any applicable VAT, goods and services tax or similar tax will be shown before payment.

We may change our fees by giving the Client at least 30 days' written notice. A new fee applies from the first payment due after the notice period ends. Annual fees already paid are not affected. The Client may cancel before a new fee takes effect in accordance with clause 10.

Payments are processed by our payment provider, Airwallex, by card. By making a payment, the Client authorises us, through Airwallex, to collect the same amount automatically at the start of each subsequent Paid Period until the Plan is cancelled. Card details are held by Airwallex and are never stored by us. Invoices are sent to the Client's registered email address.

If the Client believes a payment has been taken in error, the Client shall notify us at team@amdsites.com before initiating any chargeback or payment dispute with its bank or card issuer. We will investigate promptly.

If a payment fails, Airwallex will attempt to collect it again and we will notify the Client by email.

If any amount remains unpaid:

1. 14 days after its due date, we may suspend the Website (take it offline) until payment is received; and
2. 30 days after its due date, we may terminate the Plan under clause 11, and clause 12 will apply.

Once the outstanding amount is paid, we will restore a suspended Website within one Working Day. Suspension does not affect any amount owed.

Each Website is built to order. Accordingly, fees are non-refundable once we have begun work on the Website, and no refund is given for any part of a Paid Period.

Suitability review. Where a Client signs up without an initial consultation (by selecting "Skip the call"), we will review the project within one Working Day of receiving payment. If we decide that we are not suitable for the Client's business, we will notify the Client, refund the payment in full, and take no further payments.

If we terminate the Plan under clause 11.2, we will refund the unused portion of any annual fee.

Requesting a refund. Any request for a refund under these Terms should be sent to team@amdsites.com from the Client's registered email address, identifying the payment concerned. No request is needed for a refund under clause 9.2, which we issue on our own initiative. We will reply within 5 Working Days.

How refunds are paid. Approved refunds are returned to the original payment card through our payment provider, Airwallex, and we will notify the Client by email when a refund has been submitted. Refunds are normally processed within 1 to 2 Working Days of submission. The time it then takes for the funds to appear in the Client's account depends on the Client's card issuer or payment provider. For card refunds, we will give the Client the Acquirer Reference Number (ARN) so that the Client's bank can trace the refund.

There is no minimum term. The Client may cancel the Plan at any time by written notice sent to team@amdsites.com from its registered email address, which must be received at least 24 hours before the next payment date. We will confirm cancellation in writing.

Following cancellation, the Services continue until the end of the current Paid Period and then cease. No further payments will be taken.

If notice is received less than 24 hours before a payment date, that payment may be collected, and cancellation will take effect at the end of the Paid Period it covers.

On the annual Plan, cancellation prevents the next renewal. The current Paid Period is not refundable.

When the Paid Period ends, the Services cease immediately and clause 12 applies.

We may terminate the Plan with immediate effect by written notice if:

1. any payment is more than 30 days overdue;
2. the Client commits a material breach of these Terms, or a breach that continues after we have asked the Client to remedy it;
3. the Website or the Client's business is used for any unlawful, harmful or misleading purpose;
4. the Client behaves abusively or threateningly towards us or our personnel; or
5. the Client becomes insolvent or ceases to trade.

We may also terminate the Plan for any other reason by giving the Client at least 30 days' written notice. In that event, we will refund the unused portion of any annual fee, and the purchase option in clause 12 will remain available.

Purchase option. On termination of the Plan for any reason, we will offer the Client the option to purchase the Website for a one-off fee, which we will quote in writing. On payment of that fee, the Client will receive:

1. a complete copy of the Website files, ready to be hosted elsewhere;
2. transfer of the Website's domain name to the Client, where we registered it on the Client's behalf;
3. the systems we built for the Website, such as booking or enquiry systems, in a usable form, together with the Customer Data they contain; and
4. the licence described in clause 13.2.

Following purchase, migrating and operating the Website is the Client's responsibility, unless we agree to assist for an additional fee.

If the Client does not purchase the Website, it will be suspended (taken offline) for up to 30 days after termination. At the end of that period, the Website and all copies we hold will be permanently deleted.

Whether or not the Website is purchased, the Client may request, free of charge and in writing within 30 days of termination:

1. a copy of the Client Content; and
2. a copy of the Customer Data in a commonly used, machine-readable format, such as a spreadsheet.

After that 30-day period, we will delete the Client Content and the Customer Data, except where we are required by law to retain them.

A domain name that the Client owned before engaging us remains the Client's property. We will remove our configuration from it or assist the Client in redirecting it.

We own all intellectual property rights in the Website and in every element of it that we create, including its design, layout, code, copy written by us, images and video created or licensed by us, and the systems we build. While the Plan is active, we grant the Client a non-exclusive, non-transferable licence to use the Website for its business. This licence ends on termination unless the Client purchases the Website under clause 12.1.

On purchase, the Client receives a perpetual, non-exclusive licence to use, modify and host the purchased copy of the Website for its own business. We retain ownership of our general tools, templates and know-how and may continue to use them for other clients, but will not produce a website that substantially replicates the Client's. Certain components, such as fonts or stock imagery, may be subject to their own licence terms, of which we will inform the Client.

The Client retains ownership of the Client Content. The Client grants us a non-exclusive, royalty-free licence to use, copy, edit, store and publish the Client Content solely to provide the Services, until it is deleted under clause 12.

We may display the Website, its name and screenshots as examples of our work on our website and in our marketing. The Client may withdraw this permission at any time by written notice.

We may freely use any suggestions or feedback the Client provides about the Services.

Where the Client requires a new domain name, we may register it on the Client's behalf. While the Plan is active, the domain is held in our account and renewed by us. Where the Client already owns a domain name, the Client retains control of it and shall provide the access or take the steps we reasonably require to connect it to the Website.

The Website may connect to services operated by third parties, such as Google Business Profile, booking calendars, WhatsApp or job management software. Such services are subject to their own terms and may change or be withdrawn. We will configure these connections with reasonable care but are not responsible for the services themselves.

Each party shall comply with the data protection laws that apply to it. For AMD Global, these include the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong and, where applicable, the UK General Data Protection Regulation (UK GDPR) and the EU General Data Protection Regulation (EU GDPR). For the Client, these are the laws applicable to its business and its customers. Our Privacy Policy describes how we process personal data relating to the Client.

In respect of Customer Data, the Client is the controller (or "data user") and AMD Global is the processor. This clause 15 constitutes the data processing agreement between the parties and satisfies the requirements of Article 28 of the UK GDPR and the EU GDPR. We apply it to all Clients, wherever they are located.

Details of processing.

1. Subject matter and purpose: operating the Website and any systems we build for it, such as enquiry and booking forms, and delivering submissions to the Client.
2. Categories of data subjects: the Client's customers, prospective customers and any other individuals who contact the Client through the Website.
3. Categories of personal data: the information requested by the Website's forms, typically names, telephone numbers, email addresses, postal addresses, job details, preferred dates and times, messages and any photographs submitted.
4. Duration: the term of the Plan, followed by the period set out in clause 12.

Our obligations. We shall:

1. process Customer Data only on the Client's documented instructions, which comprise these Terms and any further written instructions, unless required to do otherwise by law, in which case we will inform the Client beforehand unless the law prohibits it;
2. not use Customer Data for our own purposes, sell it, or contact the Client's customers to promote our services;
3. ensure that all persons authorised to process Customer Data are bound by obligations of confidentiality;
4. implement appropriate technical and organisational measures to protect Customer Data, including encryption in transit, access controls and private storage;
5. assist the Client in responding to requests from individuals exercising their rights, and with security, breach notification, data protection impact assessments and consultation with regulators, insofar as these relate to our processing;
6. notify the Client without undue delay, and in any event within 48 hours of becoming aware, of any personal data breach affecting Customer Data, providing the information reasonably required for the Client to meet its own reporting obligations;
7. on termination, return or delete Customer Data at the Client's choice in accordance with clause 12, unless the law requires its retention; and
8. make available the information reasonably necessary to demonstrate compliance with this clause 15, and permit reasonable audits on reasonable notice, no more than once a year unless following a personal data breach.

Sub-processors. The Client gives general authorisation for us to engage sub-processors. Our current sub-processors are listed in section 5 of our Privacy Policy. Each sub-processor is bound by a written contract containing data protection obligations no less protective than those in this clause 15. We will notify the Client before adding or replacing a sub-processor that processes Customer Data, and the Client may object on reasonable data protection grounds. If an objection cannot be resolved, the Client may terminate the Plan and we will refund the unused portion of any annual fee. We remain liable to the Client for the performance of our sub-processors.

International transfers. We are based in Hong Kong and our sub-processors operate internationally, so Customer Data may be processed outside the Client's country. The Client consents to such processing. Where Customer Data originates in the United Kingdom or the European Union, we will ensure that an appropriate safeguard is in place, such as an adequacy decision, the EU Standard Contractual Clauses, the UK International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses.

Client obligations. As controller, the Client shall:

1. ensure that it has a lawful basis for collecting and using Customer Data, and collect only what it needs;
2. provide a privacy notice to its customers on the Website. We can provide a standard notice for the Client to review and approve, but responsibility for its content remains with the Client;
3. handle requests from its customers regarding their personal data, with our assistance where required;
4. obtain any consents required by law before sending marketing communications to its customers; and
5. ensure that its instructions to us are lawful.

Websites are hosted on Cloudflare's global network, and we take reasonable steps to keep them fast, secure and available. However, no service can be guaranteed to be available at all times. The Website may be temporarily unavailable due to maintenance, failures of our providers or the internet, or malicious attacks. We will use reasonable efforts to resolve any problem promptly, but we do not warrant that the Website will be uninterrupted or error-free.

We maintain secure copies of the Website's code. The Client should also retain its own copies of important content and documents.

We design each Website to help the Client win business, but we do not guarantee any particular outcome, including any number of enquiries or sales or any search engine ranking. Such outcomes depend on factors outside our control, including the Client's location, competition, reviews and responsiveness to enquiries.

The Client shall not request the publication of, or use the Website for, any material or activity that:

1. is unlawful, fraudulent, defamatory, hateful or harassing;
2. is false or misleading, including fabricated reviews, accreditations the Client does not hold, or prices the Client will not honour;
3. infringes the rights of any third party, including copyright, trade marks or privacy; or
4. distributes spam or malicious software, or attempts to gain unauthorised access to, or disrupt, any system.

We may decline to publish, or remove, any material that breaches this clause 18, and clause 11 may apply.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to clause 19.1, we shall not be liable for any loss of profits, sales, business, revenue, goodwill, opportunity or anticipated savings, or for any indirect or consequential loss.

Subject to clause 19.1, we shall not be liable for any loss arising from the Client Content, the Client's instructions, third-party services used by the Client, or events beyond our reasonable control.

Subject to clause 19.1, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid by the Client in the 12 months immediately preceding the event giving rise to the claim.

We will perform the Services with reasonable skill and care. Except as expressly set out in these Terms, all other warranties, conditions and terms are excluded to the fullest extent permitted by law.

The Client shall indemnify us against all reasonable losses, costs and expenses arising from any third-party claim relating to the Client Content, the Client's instructions, or the Client's use of the Website or the Customer Data, including any claim that Client Content infringes a third party's rights. We will notify the Client promptly of any such claim and consult the Client on its handling.

Each party shall keep confidential the other party's confidential information and use it only to perform this agreement. Confidential information includes any information marked as confidential or that a reasonable person would regard as confidential, such as business plans, pricing, passwords and customer lists. This obligation does not apply to information that is publicly available or that must be disclosed by law, and it survives termination.

Neither party shall be liable for any delay or failure to perform caused by events beyond its reasonable control, including major internet or service provider outages, cyber attacks, power failures, severe weather, illness, industrial action or acts of government. The affected party shall notify the other as soon as reasonably practicable and take reasonable steps to mitigate the effects.

We may amend these Terms from time to time, for example to reflect changes to the Services or to the law. We will give the Client at least 30 days' written notice of any material change. If the Client does not accept the change, it may cancel the Plan before the change takes effect under clause 10. Continued use of the Services after that date constitutes acceptance of the amended Terms. The date at the top of this page shows when these Terms were last updated.

Notices. We will send notices to the Client by email to its registered email address. The Client may send notices to us at team@amdsites.com. The Client shall keep its registered email address up to date.

Assignment. The Client may not assign or transfer this agreement without our prior written consent. We may assign this agreement to a successor to our business, and will notify the Client if we do so. The Client's rights will not be reduced as a result.

Entire agreement. These Terms, the Privacy Policy and any written agreement relating to the Client's project constitute the entire agreement between the parties.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. A delay or failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other.

Third-party rights. Only the parties may enforce these Terms. No other person has any right to enforce them, including under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong.

Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture or employment relationship.

Survival. Clauses 9, 12, 13, 15, 19, 20, 21 and 25, and any other provision intended by its nature to survive, shall continue after termination.

If the Client has a complaint, it should first contact us at team@amdsites.com. We will respond within 5 Working Days and seek to resolve the matter.

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong shall have non-exclusive jurisdiction. Nothing in this clause prevents either party from bringing proceedings in the courts of the country in which the other party is established, or from relying on any rights under the law applicable to it that cannot be excluded by agreement.