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Terms & Conditions

Otterwick  ·  Last updated: 14 March 2025  ·  Effective date: 14 March 2025

1. Introduction

These Terms and Conditions ("Terms") govern the relationship between Otterwick ("we", "us", "our") and any individual or organisation ("Client", "you") that engages our business consulting services or accesses this website. By submitting an enquiry, signing an engagement letter, or otherwise instructing us to commence work, you confirm that you have read and accept these Terms.

Our registered place of business is 14/F, AIA Central, 1 Connaught Road Central, Central, Hong Kong. These Terms are governed by the laws of Hong Kong SAR.

2. Services

Otterwick provides business consulting services as described in the relevant proposal or engagement letter, which forms part of the agreement between us. Our current service offerings include:

  • Contract Portfolio Review — a structured review of existing client, supplier, and partner agreements to identify key provisions, expiration risks, and renegotiation opportunities. Delivered over three weeks with a prioritised action register.
  • Expansion Feasibility Study — a five-week analysis of the viability of entering a new market, launching a product line, or opening additional locations, culminating in a go/no-go recommendation and phased execution plan.
  • Performance Measurement Design — a four-week engagement to design a KPI framework, reporting dashboards, and review cadences aligned to your strategy and operating model.

The specific scope, timeline, deliverables, and fees for each engagement are agreed in writing before work commences. Any material change to scope requires written agreement from both parties.

3. Fees and Payment

Fees are stated in Hong Kong Dollars (HKD) and are exclusive of any applicable taxes unless otherwise specified. Our standard fee schedule is:

  • Contract Portfolio Review — HK$3,500
  • Expansion Feasibility Study — HK$6,100
  • Performance Measurement Design — HK$4,000

A deposit of 50% of the agreed fee is payable upon signing the engagement letter. The remaining balance is invoiced upon delivery of the final deliverable and is due within 14 calendar days of the invoice date.

Invoices not settled within 30 days of the due date may attract a late payment charge of 1.5% per month on the outstanding balance. We reserve the right to pause work on engagements where an invoice remains overdue.

4. Cancellation and Postponement

Either party may cancel an engagement by providing written notice. The following applies:

  • Cancellation more than 10 business days before the agreed start date: any deposit paid will be refunded in full.
  • Cancellation within 10 business days of the agreed start date, or after work has commenced: the deposit is non-refundable, and any work completed to the point of cancellation will be invoiced at a pro-rated fee.
  • Postponement requested by the Client more than 5 business days before the start date may be accommodated subject to availability, with no financial penalty on a single occasion.

If we are unable to complete an engagement due to circumstances on our side, we will provide a full refund of any amounts received and make reasonable efforts to assist you in finding an alternative.

5. Client Responsibilities

Engagements depend on the timely provision of information and cooperation from your side. You agree to:

  • Provide accurate, complete, and relevant documents and data requested by our consultants within the timeframes agreed.
  • Make relevant personnel reasonably available for interviews, workshops, and clarification sessions.
  • Designate a primary point of contact who has authority to act on your behalf during the engagement.
  • Notify us promptly of any material changes to your business that may affect the scope or direction of the engagement.

Where delays in receiving necessary information or access materially affect our ability to deliver on the agreed timeline, we may adjust milestone dates or invoice for time spent waiting at our standard day rate. We will communicate any such adjustments in writing before applying them.

6. Confidentiality

Both parties acknowledge that the engagement may involve the disclosure of commercially sensitive information. Each party agrees to:

  • Keep all confidential information received from the other party strictly private and not disclose it to third parties without prior written consent.
  • Use confidential information only for the purposes of the engagement.
  • Apply at least the same standard of care to protecting the other party's confidential information as it would apply to its own.

These obligations do not apply to information that is already in the public domain through no breach of this clause, or that a party is required to disclose by law or court order. Confidentiality obligations survive the conclusion of the engagement for a period of three years.

We do not use client information or engagement outputs as marketing case studies without your express written permission.

7. Intellectual Property

On receipt of final payment, ownership of the specific deliverables created for your engagement (reports, frameworks, dashboards) transfers to you. You may use these deliverables for your internal business purposes without restriction.

Otterwick retains ownership of all proprietary methodologies, templates, tools, and background intellectual property used to develop the deliverables. Nothing in these Terms grants you a licence to reproduce or commercialise our proprietary materials independently.

You grant us a limited, non-exclusive licence to use your name and a high-level description of the engagement type for our internal records and, with your written consent, in anonymised form for reference purposes.

8. Limitation of Liability

Our advice and deliverables are prepared in good faith based on the information made available to us. We do not accept responsibility for decisions made by you in reliance on our work, or for any outcomes that depend on factors outside the scope of the engagement.

To the extent permitted by law, our aggregate liability to you in connection with any engagement shall not exceed the total fees paid by you for that specific engagement. We are not liable for indirect, consequential, or punitive losses of any kind.

Nothing in these Terms limits liability for fraud, gross negligence, or any matter that cannot be excluded by law.

9. Independent Contractor

Otterwick acts as an independent contractor. Nothing in these Terms or any engagement creates a partnership, joint venture, employment, or agency relationship between us. We are free to provide services to other clients during the period of your engagement, provided there is no material conflict of interest, which we will disclose to you promptly if one arises.

10. Website Use

This website is provided for information purposes only. Content on the website does not constitute professional advice and should not be relied upon as such. While we take reasonable steps to keep information current, we make no representations about the completeness or accuracy of website content.

You may not use this website in any way that is unlawful, harmful, or disruptive, or to transmit unsolicited commercial communications.

11. Governing Law and Disputes

These Terms and any engagement arising from them are governed by the laws of the Hong Kong Special Administrative Region. Any dispute that cannot be resolved amicably shall be referred to the exclusive jurisdiction of the courts of Hong Kong SAR.

In the first instance, we encourage both parties to seek resolution through direct discussion. If a dispute cannot be resolved within 30 days of written notice, either party may refer the matter to mediation administered by the Hong Kong Mediation Centre before initiating court proceedings.

12. Changes to These Terms

We may revise these Terms from time to time. The version in force at the time an engagement letter is signed governs that engagement. For ongoing matters, we will provide reasonable notice of any material changes before they take effect.

13. Contact

For questions about these Terms or any engagement matter: