1. Agreement to These Terms
These Terms of Service form a binding agreement between you and Commons Properties Limited. By visiting this website, submitting an enquiry, or engaging the company for any service, you confirm that you have read, understood and accepted these terms. If you are accepting on behalf of a company or an estate owner, you confirm that you have authority to bind that organisation to these terms.
If you do not accept these terms, you should not use this website and you should not engage the company for services. If a signed agreement or a statement of work between you and Commons Properties Limited conflicts with these terms, the signed document prevails for the matters it covers.
These terms apply together with our Privacy Policy, which explains how personal information is handled. In the event of a conflict about personal information, the Privacy Policy governs that subject.
2. Definitions
In these terms, the following words have the meanings set out below.
- The Company means Commons Properties Limited, its employees, surveyors, consultants and authorised subcontractors.
- The Client means the person or organisation that engages the Company for services.
- The Website means the pages published under the domain of the Company, including the home page, service pages, contact page and legal pages.
- Services means the computer integrated systems design and related professional, scientific and technical services described in these terms and in any statement of work.
- Estate means a commercial building, mixed use development, logistics floor, industrial ground or portfolio of such properties on which the Company works.
- Deliverable means any report, plan, configuration, drawing, document or system element provided by the Company.
3. Who We Are
Commons Properties Limited is a company operating from Room 5, 30/F, W50, 50 Wong Chuk Hang Road, Wong Chuk Hang, Hong Kong (HK). The Company provides computer integrated systems design for the built estate, including estate systems architecture, building telemetry integration, access and gate control systems, metering and utility data, grounds and plant networks, and managed estate stewardship.
The Website is published by the Company and was prepared with the assistance of the developer Commons Estates. It describes the practice and provides a means to contact the survey office. The Website is informational and does not itself constitute a binding offer of any particular service.
4. Scope of Services
The Company plans, integrates and stewards the digital nervous system of commercial buildings and industrial grounds. Access, metering, telemetry and plant control are woven into one estate-wide system, read from a single fixed station and entered in one field book. The exact scope of any engagement is defined in a written statement of work agreed by the parties.
The Company may decline a project where the requested work would be unsafe, unlawful, or outside the competence of the practice. The Company may also recommend specialist partners where a task, such as structural work or electrical installation, falls outside its own professional scope. Recommendations do not make the Company responsible for the work of an independent third party.
Services are delivered with the reasonable skill and care expected of a professional practice in the field of computer integrated systems design. The Company does not promise any specific commercial outcome, energy saving, or operational result unless a written statement of work expressly commits to a measurable target and defines how it will be verified.
5. Engagement and Statements of Work
Every engagement begins with a survey and a written statement of work. The statement records the estate covered, the systems in scope, the deliverables, the timetable, the assumptions on which the price is based, and the responsibilities of each party. Nothing in an enquiry, quotation or website page obliges the Company to begin work until a statement of work is accepted by both parties.
Changes to scope are handled through a written variation. Where a variation affects cost or timetable, the Company will set out the effect and seek written agreement before proceeding. Where the Client instructs the Company to proceed without a written variation, the Company may do so and record the instruction in the estate field book.
Timetables are given in good faith and depend on factors that include site access, the availability of Client staff, the state of existing equipment and the cooperation of third party suppliers. Dates are estimates unless a statement of work makes them firm.
6. Client Responsibilities
The Client agrees to provide accurate information about the estate, its systems and its constraints. The Client will give the Company reasonable access to plant rooms, risers, gate lanes, control panels and records, and will appoint a single point of contact for decisions. Where the Client is not the owner of the estate, the Client confirms that it has the owner permission to commission the work.
- Provide accurate drawings, device lists and network information where they exist.
- Ensure that staff and contractors cooperate with the survey and integration schedule.
- Obtain any consent needed for the Company to access and read client systems.
- Maintain the confidentiality of credentials issued for estate systems.
Where the Client delays a decision or fails to provide access, the Company may adjust the timetable and charge for standing time as recorded in the statement of work. The Company will give notice where such a delay is material.
7. Estate Access and Site Safety
The Company treats site safety as a condition of work, not as a formality. Surveyors will follow the safety rules of the estate, wear the required protective equipment, and work only where the area has been made safe. The Client will warn the Company of hazards such as live conductors, confined spaces, asbestos, working at height, hazardous substances and operational plant that cannot be shut down.
The Company may suspend work where a hazard is discovered or where conditions become unsafe. Any such suspension will be recorded and reported to the Client point of contact. Work will resume when the hazard has been controlled, and any effect on cost or timetable will be handled as a variation where the hazard was not disclosed in advance.
Access credentials issued to the Company are for the named personnel only and are returned or revoked at the end of the engagement.
8. Fees, Invoicing and Payment
Fees are set out in the statement of work and may be based on a fixed price, a time and materials rate, or a recurring stewardship fee. Unless the statement of work provides otherwise, fees are invoiced monthly as work progresses, with the final invoice issued on completion of the deliverable.
Invoices are payable within thirty days of the invoice date, in the currency stated on the invoice. The Company may charge interest on overdue amounts at the rate permitted by applicable law. Where an invoice remains unpaid after written notice, the Company may suspend work and withhold deliverables until the account is settled.
Fees are exclusive of taxes, duties and third party charges such as equipment, licences and travel, which are passed through at cost unless the statement of work says otherwise. The Client will reimburse pre-approved expenses on production of a receipt.
9. Intellectual Property
The Company retains ownership of its pre-existing methods, templates, tools, naming schemes, integration libraries and know how. These remain the property of Commons Properties Limited whether or not they are used in a Client project. Nothing in these terms transfers ownership of that background intellectual property to the Client.
On full payment, the Client receives a licence to use the deliverables prepared specifically for its estate, for the operation and maintenance of that estate. The licence is perpetual and non-exclusive, and it does not permit the Client to resell the deliverables as a competing service or to remove notices of authorship.
Where the deliverable includes third party software or open source components, those components remain subject to their own licences, and the Company will identify them on request. The Website content, including its text and visual design, belongs to the Company and may not be copied for commercial use without written permission.
10. Client Data and Estate Records
The Client owns the operational data of its estate. The Company processes that data only to deliver the services and only as the Client instructs. Where the Company acts as a processor, it will follow the documented instructions of the Client and will not use estate data for its own purposes.
The Company will return or delete Client data at the end of an engagement as directed, subject to any legal retention duty and to the Company need to keep a record of the work performed. Estate field books and integration documentation prepared for the Client are handed over under the licence described in the intellectual property section above.
The Company keeps its own operational records of access, changes and incidents so that the estate can be audited. These records are held securely and are available to the Client on reasonable request.
11. Confidentiality
Each party will keep confidential the non-public information of the other party that it receives during an engagement. This includes estate plans, credentials, commercial terms, tenant information and technical documentation. Confidential information may be used only for the purpose of the engagement and may be disclosed only to personnel and advisers who need it and who are bound by equivalent duties.
Confidentiality does not apply to information that is public through no fault of the receiving party, that was already lawfully held before disclosure, that is independently developed without reference to the disclosed information, or that must be disclosed by law or by a court of competent jurisdiction. Where disclosure is compelled, the receiving party will give prompt notice where it is lawfully able to do so.
These confidentiality duties continue after the engagement ends, for as long as the information remains confidential.
12. Acceptable Use of This Website
You may read and print pages of this Website for your own reference and for the purpose of evaluating the services of the Company. You may not copy, republish, sell or redistribute the Website content for commercial purposes without written permission.
You agree not to interfere with the Website or its supporting infrastructure, not to attempt unauthorised access to any system, not to introduce malicious code, and not to use automated means to harvest content or contact details. You agree to use the contact form and email address for genuine enquiries and not for unsolicited marketing.
The Company may suspend access to the Website, in whole or in part, where it detects misuse, where it performs maintenance, or where a security risk requires it. The Company will restore access as soon as it is reasonable to do so.
13. Third Party Systems and Equipment
Estate integration depends on equipment and platforms made by third parties. The Company selects and configures these components with professional care, but it does not manufacture them and it cannot guarantee that a third party will not change a firmware, a licence, an interface or a subscription term in a way that affects the estate.
Where a third party component fails or is withdrawn, the Company will use reasonable efforts to provide a workable alternative, which may involve a variation to the statement of work. Warranties for third party hardware and software are provided by the manufacturer or supplier and pass to the Client to the extent permitted by that supplier.
The Client is responsible for maintaining any third party licences, connectivity services and subscriptions needed for the estate system to operate after handover.
14. Warranties and Disclaimers
The Company warrants that it will perform the services with the reasonable skill and care expected of a competent professional practice, and that it holds the qualifications and insurance appropriate to the work it undertakes. If a deliverable does not conform to the statement of work, the Client should notify the Company promptly and the Company will correct the non-conformity at no additional fee where the fault lies with the Company.
Except for that warranty, and to the fullest extent permitted by law, the services and the Website are provided on an as is and as available basis. The Company disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not warrant that the Website will be uninterrupted or free of error, or that any estate system will be free of every risk.
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud, for death or personal injury caused by negligence, or for any other matter where exclusion would be unlawful.
15. Limitation of Liability
To the fullest extent permitted by law, the Company will not be liable for indirect, incidental, special or consequential loss, including loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of data or business interruption, however caused and whether or not the possibility of such loss was known in advance.
The total aggregate liability of the Company arising out of or in connection with an engagement, whether in contract, in tort, by statute or otherwise, will not exceed the total fees paid by the Client to the Company for the services giving rise to the claim. Where the engagement is delivered in phases, the cap applies to the fees paid for the phase in which the claim arose.
These limits reflect the allocation of risk between the parties and are a fundamental basis on which the fees were set. They apply even if a limited remedy is found to have failed of its essential purpose.
16. Indemnity
The Client will indemnify and hold harmless the Company against claims, losses, damages and reasonable costs arising from the Client breach of these terms, from inaccurate information supplied by the Client, from the Client failure to obtain a consent or a permission needed for the work, or from the unsafe condition of a site that was not disclosed to the Company.
The Company will indemnify and hold harmless the Client against claims that a deliverable prepared by the Company infringes the intellectual property rights of a third party, provided that the Client notifies the Company promptly, allows the Company to control the defence, and does not settle the claim without consent. This indemnity does not cover claims arising from Client materials, from modifications made by the Client, or from use of a deliverable outside the scope for which it was provided.
17. Suspension and Termination
The Company may suspend services where an invoice is overdue, where a site is unsafe, where a legal or regulatory obligation requires it, or where the Client breaches these terms and does not remedy the breach within a reasonable time after written notice. Suspension does not remove the Client duty to pay for work already performed.
Either party may terminate an engagement for material breach that remains unremedied after written notice, or on insolvency or an equivalent event affecting the other party. On termination, the Client will pay for services performed and for commitments properly incurred up to the date of termination, and the Company will hand over work in progress on receipt of payment.
Clauses concerning confidentiality, intellectual property, liability, indemnity and governing law survive termination.
18. Governing Law and Disputes
These terms and any engagement between the parties are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, save that either party may seek urgent injunctive relief in any court of competent jurisdiction to protect its confidential information or intellectual property.
Before beginning formal proceedings, the parties will attempt in good faith to resolve a dispute by discussion between senior representatives. If a dispute is not resolved within thirty days of written notice, either party may refer it to mediation before a mediator agreed by the parties, and only then proceed to litigation. Nothing in this clause prevents either party from taking immediate steps where a delay would cause serious harm.
19. Changes to These Terms
The Company may update these terms from time to time to reflect changes in its practice, in the law or in the services offered. The current version is published on this page with the effective date shown at the top. Material changes will be brought to the attention of Clients with active engagements by written notice or by a clear notice on the Website.
Continued use of the Website after an update constitutes acceptance of the revised terms for that use. A signed statement of work continues to be governed by the version of these terms in force when it was accepted, unless the parties agree otherwise in writing.
20. Contact Information
Questions about these Terms of Service, requests for permission to use Website content, and notices under these terms should be sent to Commons Properties Limited at the details below. Notices are effective when received at the address or email shown, or on the next business day if sent outside business hours.
- Company: Commons Properties Limited
- Address: Room 5, 30/F, W50, 50 Wong Chuk Hang Road, Wong Chuk Hang, Hong Kong (HK)
- Email: contact@avyfertilizer.mom
- Phone: +15313216284
These terms were prepared for Commons Properties Limited with the assistance of the developer Commons Estates. Thank you for reading them.