Updated January 2022

Please read these terms of use (“Terms”) carefully.

The Next Big Thing is managed, owned and operated by The Next Big Thing Limited. When you access The Next Big Thing website located at https://thenextbigthinghk.com (“Site”, “we”, “us” or “our”) and use all services provided to you (“User” or “you”) through The Next Big Thing, you must read these Terms of Use carefully. 

By using the services provided to you (“User” or “you”) through The Next Big Thing, you agree to abide by and be bound by the following Website Terms and Conditions of Use, the relevant Privacy Policy and relevant laws.

If you do not agree to be bound by these Terms and Conditions and the relevant Privacy Policy, you will not be able to use the Website and provide the following services to you.

If you are under 18 years of age, you must seek the consent of your parent or guardian before providing any personal information.

1. Service Description

The Next Big Thing Limited is a Hong Kong based creative entertainment company with a presence on various social media platforms such as YouTube, Facebook and Instagram. the agreed specifications for the provision of the Services to you. These materials include, but are not limited to, text, artwork, icons, images, software, source code and trademarks. You should be aware that we are entitled to a reasonable extension of the submission period if you fail to provide us with the materials as outlined above within the required time frame and as a result the work cannot be completed as scheduled.

It is your responsibility to ensure that the materials and documents provided comply with these Terms of Use, comply with all laws and do not violate any third party rights.

You hereby agree to fully indemnify the Company, to the extent permitted by law, against any and all complaints, allegations, claims, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees, court costs) arising out of or relating to any of the above.

2. Permission and access to the Website

We grant you a limited licence to use this website and for your personal use; you may not misuse our online shop without our express prior written consent. You must not use any automated system or software to extract data from this Online Shop for any purpose. You must not commit or encourage criminal offences, distribute or transmit viruses, including but not limited to Trojan horses, worms, logic bombs or any other malicious or harmful technology on the Online Shop, breach confidentiality or publish in any objectionable or obscene manner, hack, corrupt data, interrupt other users, infringe the proprietary rights of any other person, send any unsolicited advertising or promotional material, or attempt to influence the Online Shop. or attempt to affect the performance or functionality of the Online Shop or any computer equipment accessed through the Online Shop. Any violation of this provision may constitute a crime under applicable law. In the event of such a breach, we automatically terminate the licence granted as described above and report the breach to the relevant law enforcement agency and take appropriate legal action.

You may not modify this website or any part of it. This permission does not include any endorsement of: the transfer, commercial exploitation of the Site or its content; the collection and use of any product listings, descriptions or prices; any derivative use of the Site or its content; the downloading or copying of user information for the benefit of other businesses; or the use of any data mining, robotic technology or similar data collection and extraction tools. Neither this website nor any part of it may be reproduced, copied, sold, resold, viewed or otherwise used for other commercial purposes without the express prior written consent of the Company. You may not use any of the original labels or any other hidden text containing our name or trade marks without our express prior written consent. Any unauthorised use will automatically terminate the licence granted as described above.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the https://thenextbigthinghk.com provided that the link does not render the Company, its related affiliates, or its products or services in a false, misleading, derogatory or otherwise offensive manner. Upon our request, you must remove any hyperlinks to the Website from your personal website or other digital carrier. You must not use any of our logos, other proprietary images or trademarks in any link without our express prior written consent.

3. Changes/ Modifications of Project

Any changes to the Project must be sent by you in writing to the Company by post or Email. We will assess the required changes and discuss the details of the revised project with you. You hereby agree that our website design and system development phase is flexible and allows for some necessary changes to the original specification during support and maintenance. However, the number of such changes must be limited to a reasonable amount. If you make any further changes to the finalised design requirements, we reserve the right to charge an additional fee for such requests.

4. Client Responsibilities

The Company shall not be liable for any delay in the completion of the project caused by the delay in the provision of materials and amendments required by the Company or by the complexity of the design, provided that you cooperate with the Company within the contractual deadline.

Completion of the project will depend on your cooperation. If you are at a standstill during the course of the project and do not provide us with a valid revision or acknowledgement of the work provided by us, any standstill of more than 7 working days will automatically be deemed to be an extension of the term of this contract.

You shall establish or appoint a person to act as the Company’s representative to provide feedback, instructions and requests, including the provision of materials and documents, to ensure the efficiency of its work.

5. Approval of work

Once the entire website has been developed, we will send the completed project and you will have to review the appearance and content of the website. You must notify us of any dissatisfaction in writing (by email or mail) within a specified time frame.

If you reject any of our work within the specified time frame (“Review Period”), we will be happy to provide you with the opportunity to amend the design of the project or any areas of dissatisfaction. Once you have approved the project or work, the work cannot subsequently be rejected and the contract will be deemed to have been completed by us and we may ask you to pay the balance of 50% of the project price.

6. Refusal to Approve Work

If you reject any of our work within the review period or do not approve the work subsequently carried out and, subject to our reasonable handling or refinement of the work and project, consider that your reasons for refusing to approve the work are unreasonable, we shall be entitled to terminate the contract and you shall pay the corresponding fee for the part completed.

7. Payment Terms

The Client agrees to pay the Company for all services subscribed by the Client in accordance with the terms and conditions set forth in this Agreement. Payment is due upon receipt of the invoice, unless otherwise agreed upon in writing. Payments can be made by credit card, wire transfer, or any other method agreed upon by both parties in writing.

8. Late Payments
Any payments not received by the Company within thirty (30) days of the invoice date shall be considered delinquent. The Company reserves the right to charge interest on delinquent accounts at the maximum legal rate allowed by law. 

9. Termination for Non-payment: 

The Company reserves the right to suspend or terminate any services provided to the Client for non-payment of fees. 

10. Payment Disputes

The Client must notify the Company in writing of any payment disputes within fifteen (15) days of the invoice date. Failure to do so will be deemed acceptance of the charges on the invoice. 

11. Intellectual Property Rights

All materials (including but not limited to text, graphics etc.) provided by you and used in the construction of the Website will remain your property and so there is no need to worry about breaching copyright laws.  Once you have paid us in full for our work, we will grant you the right to use the Website and its associated software and content until the end of the Website’s life cycle.

12. Termination

If work on the Project has not yet commenced, you may request in writing that the Project be cancelled and the Company will accept such request for termination as appropriate; if work has already commenced on the Project, the Company will invoice you for the work commenced.

13. Disclaimer and Limitation of Liability

All information contained in this website (including text and video) is for general information purposes only and should not be regarded as professional advice. Persons who have read all the information contained in this website (including text and video etc.) are advised to seek appropriate professional guidance if necessary.

Every effort has been made to ensure that all information (including text and video etc.) provided on this website is complete, accurate and up-to-date. The Company shall not be liable, directly or indirectly, for any errors or omissions in the information (including text and video, etc.) which may lead to unanticipated misunderstandings or any other losses.

The Company shall not be liable, directly or indirectly, for any misrepresentation or solicitation and for all losses arising therefrom. You are requested to comply with the relevant local laws and regulations. All information contained in this website (including text and video etc.) shall not create any legal binding obligations on the Company and the Company shall have the right to change or withdraw the relevant services at any time without prior notice.

14. Update Policy

We may update these Terms of Use from time to time without notice by posting the updated version of our Terms of Use or any related policies on the Website. You should check these Terms of Use and the relevant Policies regularly by noting the effective date of the updated version of these Terms and Policies.

If you do not accept any such amendments, you must immediately terminate your use of the Site. We reserve the right to interpret these Terms of Use and to decide any questions or disputes arising out of these Terms of Use. As a user of the Website, you agree that all such interpretations and decisions shall be final and conclusive and you shall be bound by them.

15. Contacting us

If you have any questions about these terms and conditions or wish to exclude your personal information from our system, you are welcome to contact us at any time.

You may contact us by.

(i) by sending an email to [email protected].

(ii) by leaving a message on our website; or

(iii) by emailing us at Unit 902B, 9/F, Benson Tower, 74 Hung To Road, Kwun Tong, Hong Kong

16. Governing Law

Your use of this website is subject to all applicable laws, laws, ordinances and regulations (whether or not having the force of law) (“Applicable Laws”). You acknowledge that the Internet is a global network and understand that the jurisdictions of the Applicable Laws may be different from your jurisdiction and agree that it is entirely your responsibility to comply with the Applicable Laws. For your benefit, if you are unsure of the meaning of the applicable law, we recommend that you seek your own legal advice.

By accessing this website (except for linked pages), you agree that any conflict or claim relating to this website shall be governed by the laws of Hong Kong without regard to any principles of conflict of laws, but we reserve the right to bring civil or criminal proceedings in any jurisdiction that has control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the laws of Hong Kong.