- Introduction
These Terms and Conditions (“Terms”) govern your use of The China Desk – Streamline (the “Service”) by Kinyu SCM (“Kinyu”). By accessing or using the Service, you (“The Company”) agree to be bound by the Terms and Conditions set forth in this document. If you disagree with any part of the terms, then you may not access the Service.
- The China Desk – Streamline (the “Service”)
Deployment of Kinyu Key Personnel in Guangzhou to work on Deliverables set out by The Company at a fixed number of hours each week. The number of hours allocated are detailed on your bill, based on your checkout selection.
Deliverables of Key Personnel on the ground in China can include any of the following tasks and functions:
Vendor Management and Communication
- Act as the primary point of contact between suppliers and The Company management team.
- Facilitate communication between all parties involved in the supply chain process.
- Ensure timely and effective resolution of issues and inquiries.
PO and Production Planning
- Monitor and manage the progress of purchase orders and production schedules.
- Coordinate with suppliers to ensure timely delivery of materials and components.
- Provide regular updates on production status and potential delays.
Logistics Support
- Coordinate logistics activities, including transportation, shipping, and customs clearance.
- Arrange for the pickup and export of goods in collaboration with freight partners.
- Ensure accurate documentation and compliance with relevant regulations.
On-site Vendor Discussions and Audits
- Conduct on-site visits to suppliers for discussions, audits, and quality inspections.
- Document findings and communicate issues or improvements to the management team.
- Ensure adherence to quality standards and contractual agreements.
Project Coordination
- Assist in coordinating project activities and timelines between stakeholders.
- Track project milestones, deliverables, and deadlines.
- Provide support in project planning, execution, and reporting.
Quality Control Oversight
- Implement quality control measures and inspection plans.
- Monitor production processes and work with third party inspection companies to identify and
address quality issues. - Generate reports and documentation to ensure compliance with quality standards.
Coordination with Existing Resources
- Collaborate with existing resources, such as internal teams and external partners.
- Support coordination efforts to streamline processes and improve efficiency.
- Foster positive relationships and effective communication with all stakeholders.
Sourcing New Vendors
- Attending Trade fairs on behalf of The Company to source and assess new suppliers.
- Online search for new suppliers based on specific criteria shared by The Company.
- Timing the Service
Key Personnel can begin carrying out the Service for The Company within 72 hours of successful payment. This does not include weekends or periods of Chinese National Holidays unless prior agreement by Kinyu. Allocated time by Key Personnel will be capped at the number of hours detailed in your bill, based on your checkout selection. Any increase of this requires agreement from both parties in writing. A time expenditure sheet will be shared with The Company monthly for transparency. At least 5 hours will be allocated to onboarding and training of the Key personnel on the project needs and task management.
Should there be a week where the full number of hours is not allocated, this will be banked to use in another week within the month.
Any overtime work or work conducted outside of China office hours of 9am-6pm CST will be billed separately at $60 USD per hour or currency equivalent. This doesn’t include time spent travelling.
- Expenses
Any activities that may incur expenses require prior written confirmation from The Company. This includes, but is not limited to, travel, accommodation, and other project-related costs.
A separate itemized bill will be sent to The Company at the end of each month, detailing all expenses incurred during the previous month.
Expenses must be settled within 14 days of receipt of the invoice. Failure to settle expenses within the specified timeframe may result in late payment penalties or interest charges.
If expenses remain unpaid beyond the specified payment term, the total value of outstanding expenses will be deducted from the monthly hours allocated for the following billing cycle.
The Company reserves the right to dispute any expenses deemed inaccurate or unjustified. Disputes must be raised in writing within 5 days of receipt of the itemized bill.
Any expenses exceeding a predefined limits in Appendix A must receive explicit written approval from The Company before they are incurred. Failure to obtain prior approval may result in The Company refusing payment for such expenses.
All expenses must be adequately documented and supported by valid receipts or invoices. The service provider will provide transparent documentation upon request by The Company.
- Confidentiality
Kinyu understands that all of the information provided to it or otherwise obtained by it in connection with the assignment is confidential and should not be disclosed to third parties orally or in writing unless, should the work require disclosure, permission from The Company management is first obtained.
- Client Cooperation
The Company should provide reasonable training and access to The Company resources for Key Personnel to carry out the Deliverables.
The Company should ensure that Kinyu Personnel and partners can perform activities in good conditions – this includes securing their access to facilities as needed for service performance and ensuring the additional personnel and/or equipment needed for service performance are fully available.
The Company should endeavour to communicate to Kinyu all relevant information of their product, market channel requirements, branding etc. - Payment Terms
The Company hereby authorizes Kinyu SCM to initiate direct debits from the designated bank account provided by The Company for payment of fees and charges incurred under this agreement. Direct debit payments will be processed on the billing cycle stated on your chosen package at check out, with the first payment initiated upon submission of The Company’s credit card details on Kinyu website, and subsequent payments to be processed on the same day of each following billing cycle. The Company agrees to ensure that sufficient funds are available in the designated bank account to cover the direct debit payments on the scheduled payment dates. In the event of a failed direct debit payment due to insufficient funds or any other reason, The Company shall be responsible for any associated bank fees or charges. The Company may cancel or amend the direct debit authorization at any time by providing written notice to Kinyu. Kinyu reserves the right to suspend or terminate services in the event of non-payment or failure to adhere to the terms of the direct debit agreement. All payments made via direct debit are refundable, subject to deduction of any expenses incurred or hours worked in that billing cycle period at the rate of $60 USD per hour, unless otherwise agreed upon in writing by both parties. Any changes to the payment terms or direct debit arrangements must be agreed upon in writing by both parties and incorporated into this agreement as an amendment. Kinyu shall provide The Company with a statement of account detailing all charges and payments processed via direct debit for each billing cycle. This direct debit authorization shall remain in effect until terminated by either party in accordance with the terms herein or by mutual agreement.
- Cap on Liability
Kinyu acts as a consultant. Kinyu is not an insurer or a guarantor. In case Kinyu received wrong/incomplete information from its client, Kinyu accepts no liability. Kinyu accepts liability only in cases of negligence proven by The Company, and within limits set below.
For all types of services, Kinyu’s liability can in no circumstance exceed two times the price of that single service.
- Key Personnel
Key Personnel to carry out the Deliverables will be chosen by Kinyu. Kinyu reserves the right to change Key Personnel without prior notice. The Company is able to terminate this agreement should they not feel that the performance on Deliverables being carried out by the Key Personnel is not meeting their expectations. This is subject to ‘Agreement of Terms’ clause below.
The Company shall not seek to hire any Key Personnel, Kinyu employee or representative while Kinyu is performing services for The Company and within 3 years after termination of these services, unless the The Company pays Kinyu an entire year of that employee or representative salary.
- Other Important Terms
Kinyu declines any liability deriving from what may appear to be legal or tax advice. The Company is advised to work with a law or accounting firm on these matters.
In case of an accusation of corruption, The Company must cooperate and provide all information necessary for Kinyu investigation.
Any reference to writing or written includes and e-mail and instant messaging services such as WeChat and WhatsApp.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong. - Agreement of Terms
The term of this agreement shall be for an initial period of 1 month, commencing from the effective date stated herein, and shall automatically renew for successive periods of 1 month each (each a “Renewal Term”) unless terminated by either party in accordance with the termination provisions herein. Upon the expiration of each Renewal Term, the agreement shall automatically renew for another Renewal Term, unless either party provides written notice of termination at least 2 weeks prior to the end of the then- current term. This agreement will continue to remain effective until terminated by either party in accordance with the termination provisions herein. Kinyu will arrange a thorough handover and report before the agreement ends. The Company shall agree to pay any fees owed on Deliverables up to the date of notice of termination. We thank you for engaging Kinyu SCM Ltd and look forward to working with you. If you have any questions or concerns about these Terms and Conditions, please contact us at Benjamin.king@kinyu.co.uk. We encourage you to reach out to us before taking any action that may impact your rights or obligations under these Terms.
Appendix A – Services fee schedule
| Travel Expenses compensation | ||
|---|---|---|
| China domestic travel expenses | ||
| Hotel Tier 1 cities | 800 RMB | Per night |
| Hotel Tier 2, 3, 4 cities | 600 RMB | Per night |
| Flight | Economy ticket | Per return trip to Guangzhou |
| Train | Economy ticket | Per return trip to Guangzhou |
| City Taxis | Standard rate | Per return trip |
| Organised Car | Standard rate | Per return trip |
| Driving | 2 RMB | Per Km |
| Food and beverage | 100 RMB | Per meal (lunch, dinner) |
Terms and Conditions
- Any travel by Key Personnel will be applied for and agreed in writing by The Company.
- Tier 1 cities include the following cities: Beijing, Shanghai, Guangzhou, Shenzhen, Hong Kong,
Taiwan, Macau. - Deliverables and fees do not include the cost of any third parties or service provides that The
Company needs to engage as part of carrying out the Deliverables. - Business and administration costs such as courier fees are not included.
- Time expenditure whilst travelling is not included within the allocated hours per week detailed
on your bill but any travel time within the hours of 9am and 6pm will be charged at $20 USD per
hour. - For all expenses quoted in RMB currencies, the People’s Bank of China central parity rate will be
used to calculate USD/GBP equivalent. The rate used will be the rate on the day which the monthly invoice is raised.