Terms of Service

Any user which uses any service of Firmus System agrees to accept and comply with this Terms of Service.

Definitions
Client means any legal entity (e.g. a natural person, a company) which offers payment to Firmus System in exchange for services of Firmus System. The client is identified on quotations, invoices and emails of Firmus System.

Firmus System means Firmus System Limited registered in Hong Kong Special Administrative Region.

Service term means the period of time which a service is provided or is being provided or is going to be provided.

Services includes this website, insurance intermediary management system, domains, web hosting, SSL certificates, virtual servers, advisory, consultancy, development, support, communications and other work performed by Firmus System for clients and users.

System means all hardware, software, network and other equipment owned by or leased to Firmus System which are used to provide services to clients and users.

Terms of Service includes all terms and conditions in this document, Acceptable Use Policy, Privacy Policy and Personal Information Collection Statement.

User means any legal entity which uses any service of Firmus System. This includes but not limited to clients, users related to the clients directly and indirectly and non-paying users.

Recurring Services
A Service may be provided on a one-off or recurring basis as agreed with the client. Insurance intermediary management system, domains, web hosting, SSL certificates and virtual servers are examples of services provided on a recurring basis. The service term is as specified in the quotation, invoice, email and other communications with the client. The client agrees that upon the expiry of a service term, the service is automatically renewed for the same length of time as the existing service term unless the client terminates the service in writing no less than 30 days before expiry.

Payment
The client agrees to pay in full to Firmus System for the services in advance of the service term. Firmus System will issue invoice by email to the client. The client agrees to pay in full before the due date stated on the invoice. Firmus System may charge a late payment fee calculated at the rate of 2% per month pro rata on daily basis on any overdue charges. The client agrees to pay for all additional charges incurred due to late payment e.g. domain redemption fee. The client shall provide proof of payment made to Firmus System for confirmation, otherwise, the payment is considered as outstanding. All payments are not refundable.

Obligations of the Client and Users
The client agrees to provide complete, true, up-to-date and valid documents e.g. business registration certificate, certificate of incorporation, certificate of good standing, ID card, passport and other information which Firmus System may request from time to time. The client agrees to cooperate with Firmus System and provide assistance to Firmus System as needed. The client understands that failure to provide Firmus System what is needed may result in failure to provide services to the client and users.

The client is solely responsible and accountable for all actions and activities of the client and all users related to the client directly and indirectly in using services and systems of Firmus System. The client and users agree to be solely responsible for the security of their information and keep them secure and private. Such information includes but not limited to all logins, passwords, files and data. The services are personal and private to the client and each user. The client and users must not share their access to services with any third party.

The client agrees to provide Firmus System valid and up-to-date contact information including address, phone, fax and email at all times. The client warrants that Firmus System can reach the client using such contact information any time.

The client agrees to check and read emails from Firmus System to the contact email address on a daily basis and take follow-up actions as requested in the emails e.g. payment of invoices. Any notice, invoice or other message from Firmus System to the client is deemed to have been duly given when it is sent to the contact email address. Any such communication is deemed to have been received and read by the client on the same day of sending the email.

The client agrees to inform Firmus System any changes of the contact information as soon as the change takes place.

Suspension of Services
Firmus System may at its sole and absolute discretion, without terminating this Terms of Service and without liability, refuse to provide services to the client and users with or without advance notice and refund at any time. The client and users may not be able to obtain or recover any data stored in the systems. The client and users irrevocably and unconditionally agree that Firmus System may permanently delete and remove all data, files, content and other information of the client and users upon suspension or termination of services. Firmus System may suspend or terminate services to the client and users because of but not limited to below reasons:

• The client fails to provide full payment or proof of payment to Firmus System before due date. The client fails to provide payment full payment or proof of payment for any late payment fees and any outstanding charges.
• The client fails to provide documents, information, cooperation or assistance as needed to Firmus System.
• The client and users fail to comply with the Acceptable Use Policy. This includes using services of Firmus System to conduct any illegal, improper or unacceptable activities as determined in the sole and absolute opinion of Firmus System.
• Firmus System is requested by authorities including but not limited to a court of law and law enforcement agencies to suspend or terminate services to any client and users.

The client and users agree that resumption of suspended services, if it occurs, may take a reasonable amount of time.

Firmus System is not responsible for or liable to any kind of losses, including but limited to loss of money, data, information, files, emails and communications, of the client and users due to suspension or termination of services. The client and users irrevocably and unconditionally waive and forgo any claims against Firmus System.

Authorization
The client and users warrant that they hold all legal rights, including but not limited to written authorization, copyright, licenses, intellectual property rights, of all content, data, files, information and personal data uploaded to, stored in, transmitted through and / or processed by the systems of Firmus System.

The client and users warrant that all such content, data, files, information and personal data are collected and obtained legally and comply with all relevant laws and regulations.

The client and users authorize Firmus System to cache, store, transmit and use all such content, data, files, information and personal data in order to provide services.

Termination
The client may terminate the services in writing e.g. by post, by email to Firmus System no less than 30 days before expiry of a service term. Such termination notice is only valid if Firmus System receives and confirms with the client the receipt of such notice no less than 30 days before expiry of a service term. The client accepts the responsibility of ensuring Firmus System receives and confirms the termination notice no less than 30 days before expiry of a service term.

The client and users irrevocably and unconditionally agree that Firmus System may permanently delete and remove all content, data, files and any other information of the client and users upon suspension or termination of services. Firmus System is not responsible for or liable to any kind of losses of the client and users due to suspension or termination of services.

Termination of services does not imply the termination of any responsibilities and liabilities stated in this Terms of Service. The terms and conditions set in this Terms of Service continue to be effective after suspension and termination of services.

Maintenance
Firmus System may perform upgrade, maintenance, repair and other changes to the system at any time. The client and users acknowledge that such work may be performed with or without advance notice and may cause interruption and other consequences. Firmus System is not liable to any consequences of such work.

Warranties
Firmus System makes no warranties of any kind, expressed or implied for the services. Firmus System disclaims any warranty, merchantability or fitness of services for any purpose. Firmus System does not warrant or represent that the services will be available, uninterrupted, error-free or completely secure. The use of the services is at the sole risk of the client and users. Firmus System is not liable to any actions, claims, costs, charges, losses, damages or expenses due to any unavailability, interruption, error, security issue, delay or use of services.

Indemnification
The client and users agree to indemnify and hold harmless Firmus System for all actions, claims, costs, losses, damages and expenses due to the use of any services of Firmus System. The client and users related to the client agree to indemnify and hold harmless Firmus System for all claims, proceedings, costs and legal expenses brought by any third party in relation to the use of any services of Firmus System.

Firmus System’s liability in connection with any service, whether caused by failure to deliver, non-performance, defects or otherwise, in respect of any one or more incidents will not exceed the amount of 10% of paid fees for one-off services or paid fees for one month of service for recurring services.

Assignment
The client and users will not assign any of its rights of this Terms of Service to any third party. Firmus System may assign its rights at any time.

Waiver
Any failure, delay, action or inaction by Firmus System to enforce any of the terms and rights in this Terms of Service is not a waiver of such right.

Severability
If any term or condition in this Terms of Service is found to be unenforceable or illegal by authorities, e.g. a court of law, law enforcement agencies, it will be severed from this Terms of Service and will not affect the enforceability of the remainder of this Terms of Service.

Amendments
Firmus System may update this Terms of Service from time to time without notice which will become binding to the client and users upon their accepting, using, renewing or continuing to use the services. The latest version of this Terms of Service can be found at Firmus System website at https://www.firmussystem.com/terms-of-service.

Entirety
This Terms of Service represents the entire understanding between Firmus System, the client and users and supersedes all prior agreements and understanding between the parties whether oral or written.

Interpretation
The client and users agree that the interpretation of all terms and conditions in this Terms of Service is in the sole and absolute opinion of Firmus System.

Jurisdiction
This Terms of Service is governed by and constructed in accordance with the laws of the Hong Kong Special Administration Region of the People’s Republic of China. All parties agree to submit any difference or disputes to arbitration services and / or courts of law in Hong Kong.

Acceptable Use Policy
The client and users may use the services for legal and proper purposes only. The client and users must not use the services for any illegal, improper or unacceptable purposes in our sole and absolute opinion. Firmus System may remove and delete permanently any illegal, improper or unacceptable content, data, files and other information in the system any time without notice. Firmus System may impose resource limits to ensure fair use of resources.

Unacceptable uses include but not limited to the following:

• Conduct any illegal activities e.g. harm or attempt to harm minors, making threats, harassment, frauds, forgery, impersonation, infringement of copyright, patent, trademark, trade secret or intellectual property, unauthorized collection or use of personal data, invasion of privacy, access to computer with criminal or dishonest intent, unauthorized access to any hardware, software, network or system, distribution of virus or malware
• Spam, junk email, unsolicited mass mailing, email bombing, email forgery, Usenet or newsgroup spamming
• Abuse of services and system, IRC, network disruptions, denial of service attacks, inappropriate use of software, P2P file sharing, excessive resource usage, providing free email service, providing shell accounts
• Upload, store, transmit or publish any content, data, files and other information which are immoral, improper, inappropriate, objectionable, obscene, indecent, seditious, offensive, defamatory, discriminatory, pornographic, excessively violent, incites violence, threatening, deceptive, fraudulent, promoting illegal activities and / or posing a risk to public health and safety
• Execute, run, store or use insecure, outdated, not completely patched or hacked software

Privacy Policy and Personal Information Collection Statement
Firmus System is committed to protecting the privacy, confidentiality and security of the personal information we hold by complying with the requirements of Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region with respect to the management of personal information.

Cookies
Most web browsers are initially set up to accept cookies. Cookies may be used to store access token, authentication data, session data and data related to website and system usage. You can choose not to accept cookies by changing the settings of your browser. However, if you do so, you may find that certain features of the website and system do not work properly or function at all.

Web Statistics and Analytics
When you visit our website and system, the web server, statistics software and external analytics service will record your visit for record and statistical purposes. The information collected may include your IP address, domain name, browser info, geo-location, operating system, time, duration and pages visited and actions (e.g. pressing buttons) in the website and system.

Collection of Personal Data
You may be required to provide your personal data including but not limited to your name, company name, address, phone, fax, email, business registration, incorporation, payment information from time to time. We may be unable to provide services to you if such information are not provided. If you are a minor under 18 years of age, you are required to obtain prior consent from a person with parental responsibility. However, our services are intended for commercial use by adults over 18 years of age. Personal data collected can only be accessed by authorized personnel only.

Data from Users
The client and users may use our services and system to upload, store, transmit and process content, data, files, information and personal data. The client and users warrant that all such data including personal data are collected and obtained legally and comply with all relevant laws and regulations. The client and users agree that Firmus System may collect non-personally identifiable data from such data and use them for analysis, commercial, record keeping and statistics purposes.

Purpose of Personal Data Collection
The primary purpose of collection of personal data is to provide services to and communicate with the client and users. These include:

• Provide services such as access to system, use of system functions, maintenance, improvements
• Communications such as customer service, support, quotation, invoicing, news and announcements
• If approved by you, direct marketing such as direct mails, emails, phone calls, SMS, social media message of marketing and promotional materials
• Business operations such as account management, accounting, analysis, commercial, record keeping, statistics purposes

Retention of Personal Data
The personal data will be retained by Firmus System for a reasonable period of time for services, communications and record keeping purposes. Such data will be permanently deleted when they are deemed no longer needed in our sole and absolute opinion.

Disclosure of Personal Data
Firmus System may disclose and transfer your personal data to third parties in order to provide services to the client and users and for operations and legal purposes. Such parties may include:

• IT services providers such as payment gateway, internet, network, infrastructure, software, emails, analytics services providers
• Banks, financial services providers, professional services providers such as accountants, auditors
• Authorities such as courts of laws, law enforcement agencies

Direct Marketing
Firmus System will only use your personal data for direct marketing purposes if approved by you. If you no longer wish to receive any direct marketing from Firmus System, please send your request to [email protected].

Access and Correction
You may request access or correction to your personal data held by Firmus System by email to [email protected]. There may be a reasonable admin fee no more than HKD 500 to process each request. Processing of such request may also take a reasonable amount of time.