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Talent Smart Standard Terms and Conditions of Sale

1. General Acceptance of Terms

  • The client expressly waives its own standard terms and conditions, regardless of when they were issued, in favor of these Standard Terms and Conditions of Sale. Any modification or derogation from these terms must be agreed to in writing by Talent Smart in advance to be valid.

2. Payment Terms

  • Unless specified otherwise on the invoice or order, invoices are payable within 21 working days. In the event of non-payment by the due date, Talent Smart reserves the right to apply a fixed interest charge of 10% on the overdue amount. Additionally, Talent Smart may suspend all services without notice until outstanding payments are resolved.

3. Late Payments and Debt Recovery

  • For invoices outstanding beyond sixty (60) days, Talent Smart reserves the right to enlist the services of a debt recovery agency, and any legal fees or recovery charges will be the client’s responsibility.

4. Tax Withholding

  • For clients located in countries with withholding tax obligations, the client is responsible for remitting such taxes to the relevant authorities. Talent Smart will not be liable for any withholding taxes applied by foreign jurisdictions. All invoices issued by Talent Smart are due in full, excluding any tax-related costs specific to the client's country.

5. Service Commitment and Limitation of Liability

  • Talent Smart will use commercially reasonable efforts to deliver ERP services in a timely and effective manner per the agreed timeline. However, Talent Smart’s obligations are best-effort commitments and not guarantees of specific outcomes. Talent Smart cannot be held liable for any claims or damages brought against the client by third-party end-users.

6. Claims and Disputes

  • Clients must notify Talent Smart in writing by recorded delivery of any claims regarding service or deliverables within eight (8) days of service delivery or software implementation. Claims received after this period will be considered void.

7. Governing Law

  • All contractual relations between Talent Smart and the client will be governed exclusively by the laws of Hong Kong.