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PLEASE READ THIS DOCUMENT CAREFULLY AND ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTAND, AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS HEREIN BY REPLYING “AGREE” EITHER VERBALLY OR IN WRITING.
EXPERT TERMS AND CONDITIONS
OF CHINA INSIGHTS CONSULTANCY
China Insights Consultancy (hereinafter “CIC”) provides a platform of experts in diverse industries and sectors to domestic and international investment managers, consulting/research firms, corporations, and other professional organizations (hereinafter referred to “Clients”). Experts may include business professionals, experts, academics, researchers, and regulatory observers (hereinafter referred to the “Expert” or “You”).
On invitation by CIC and your acceptance of these Terms and Conditions, you become a member of the CIC’s Expert community, and therefore have been recognized as a specialized and/or leading professional in your industry of occupation and/or field of research or expertise.
You may invite your friends and colleagues to join CIC’s Expert community and you may contact us on topics and areas you think would be of interest to CIC, its clients or its Expert community.
Consultations can be conducted through phone or in-person meetings. Other optional consultations may include business meal, online surveys, discussion groups and appearances. Consultancy fees will be provided for the services you offer accordingly.
WARRANTIES AND REPRESENTATIONS OF CIC EXPERT
Expert shall warrant and represent that:
YOU are permitted to be an Expert and that by participating in any CIC projects you are not breaching or otherwise failing to comply with any employment obligations (including current and former employers) and any other contractual or legal obligations that you have to any third party. You acknowledge that you are responsible in determining your compliance with the aforementioned obligations and you agree to be responsible for all liabilities (if any) incurred as a result of your failure to do so. By taking the project as assigned by CIC, you are acting in the capacity of an independent contractor and you agree that you will do whatever is necessary to avoid being deemed a “de facto” or “de jure” representative of CIC or your employer.
YOU shall always act in a professional manner and will comply with these Terms and Conditions, in addition to applicable laws, during your participation in all CIC engagements, including, but not limited to, laws regarding insider-trading, anti-bribery and anti-corruption, other administrative or industry self-discipline regulation and other regulatory and legal frameworks.
YOU shall not knowingly provide Clients with any information that would place you in violation of this agreement or that would potentially be illegal or unethical for Clients to receive under any relevant law and regulation.
YOU, during the consultation process, shall not breach or violate any limitation by relevant law, regulation or industry rule arising from your position or industry you ever or now engage in. You must decline any project or activity that (i) would result in a violation of applicable law or your obligations to any third parties, (ii) that would violate this Agreement, or (iii) that presents any other conflict of interest, legal or moral risk to you, CIC, Clients, or any other third party.
YOU, as an Expert, shall keep all material non-public information obtained from Clients during the consultations confidential, and not violate any obligations of confidentiality you may already be encumbered with in any sense during the consultations or interactions with Clients.
YOU, regardless of any professional qualification you may have, such as medical degree and law degree, shall not, in direct or indirect way, provide any professional advice during the Consultation without prior written consent by CIC .
YOU, as an Expert, shall not ask Clients for any fee in any manner, directly or indirectly, during or after the Consultation.
YOU agree to cooperate fully in any CIC inquiry concerning actual, alleged, or potential violations of these Terms and Conditions.
YOU shall be fully responsible for your activity during the consultation to the Client. If you become concerned with the nature of any inquiry or project, you must discontinue your participation and notify CIC immediately.
YOU promise that all biographical information provided to CIC, including but not limited to your current job status, employment history and educational background, is accurate and true to the best of your knowledge. You will update this information as necessary.
YOU shall not disclose any information obtained during the Consultation, including but not limited to company of interest, detailed questions, Client name, to any third party.
CIC makes no representation regarding the frequency, quantity or type of projects or activities in which you will be invited to participate. Without prior consent by CIC in writing, you shall, in no event, delegate your work to any other individuals other than yourself, or include any other individuals beyond yourself in any phone call or in-person consultations or any other CIC activities.
CIC will arrange all projects, activities, and Client interactions. If a Client contacts you without CIC having arranged the interaction, you must immediately cease the interaction and notify CIC. This applies to follow-up inquiries related to past projects and inquiries regarding a new project. Clients are not authorized to expand the scope of a project or activity unless this is done through CIC. Additionally, you will not attempt to contact a Client directly for a period of one year following the completion of a CIC project or activity. CIC reserves the right to seek compensation from you should you fail to comply with this non-circumvention requirement.
INDEPENDENT CONTRACTOR AND NON-JOINT AND SEVERAL LIABILITY
YOU agree that you are an independent contractor when taking the assignment from CIC, and as such, you shall assume full liability and responsibility that might arise in connection therewith. CIC shall not assume any joint and several liability along with you, if there exist any mandatory law/regulation which causes CIC to assume such liability as a result of your performance of an assignment, CIC reserves the right to seek compensation from you.
ARBITRATION AND GOVERNING LAW
These Terms and Conditions, as well as any claims arising from or related thereto, whether in tort, contract or otherwise, are governed by the laws of the People’s Republic of China and Hong Kong S.A.R.
Any dispute arising from or in connection with this contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The seat of arbitration shall be Hong Kong. The venue for oral hearing shall be Hong Kong. The number of arbitrators shall be one.
The invalidity or unenforceability of any provision of these Terms and Conditions shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms and Conditions.
AMENDMENTS AND MODIFICATIONS
CIC reserves the right to modify or supplement these Terms and Conditions at any time at its sole and absolute discretion. When these Terms and Conditions are modified, we will publish any revised Terms and Conditions to our website which shall be deemed as sufficient notice. Therefore, you should review our website from time to time so that you will be aware of any such modifications. Your membership in the CIC Expert community is contingent on agreeing to be bound by this framework. Your continued participation in CIC engagements after the publication of any changes shall be considered as your agreement to such modified or supplemented Terms and Conditions and shall be governed by the Terms and Conditions as modified.
Accept the terms & conditions
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