Terms
The conditions that apply to this website and to district communication work carried out by L Eclat Communication Limited.
These Terms of Service govern your access to and use of this website and, where a separate written agreement does not state otherwise, the district communication services provided by L Eclat Communication Limited. By browsing the site, submitting an enquiry or commissioning a round, you agree to these terms. If you do not agree, please do not use the site or the services.
Where a signed proposal, statement of work or order confirmation has been issued for a specific campaign, that document takes precedence over these terms to the extent of any conflict. These terms fill the gaps and describe the standard position that applies to every engagement.
L Eclat Communication Limited is a company operating from Rm 702 7/F Cheung Fung Comm Bldg, 21-25 Cheung Sha Wan Rd, Prince Edward, Hong Kong - 999077, Hong Kong (HK). In these terms, the Company means L Eclat Communication Limited, and the desk means the working team at that address.
In these terms the following words have the meanings given below. Client means the person or organisation that commissions a campaign. Campaign means the printed and placed communication work described in a proposal. Materials means the text, images, artwork, logos and data supplied by the Client for use in a campaign. Host means a shop, office or other premises that agrees to display a bulletin or board sheet. Route means the schedule of surfaces, frontages and delivery points agreed for a campaign. Website means the pages published at the address shown in the site footer.
A working day means any day other than a Saturday, Sunday or public holiday in Hong Kong. A round window means the period in which the desk executes paste, delivery or placement days. Reference to writing includes email sent to the address stated in these terms.
The website is provided for information. You may read the pages, print a reasonable number of copies for your own reference and share links to the site with colleagues or clients. You must not rely on the site as a substitute for a written proposal, because a proposal addresses your specific district and the website can only describe the general method.
We aim to keep the site available and accurate, but we do not promise uninterrupted access. Maintenance, supplier faults or a security incident may interrupt service. Where an interruption is within our control we will restore access promptly. The site is offered without any warranty as to fitness for a particular purpose, and no statement on this site creates a contractual commitment to deliver a specific outcome.
You are responsible for the device and connection you use to reach the site. We are not responsible for charges imposed by your network operator or for the performance of software you have installed.
You must not attempt to gain unauthorised access to any part of the site or to any system connected to it. You must not interfere with the operation of the site, introduce malicious code, run automated scraping at a volume that degrades service, or use the contact form to send unsolicited commercial messages.
You must not misrepresent your identity or your affiliation when contacting the desk. You must not submit material that infringes the rights of another person, that is unlawful, defamatory or misleading, or that would place the Company in breach of a legal obligation if printed and distributed.
Where a request appears to breach this section, we may decline to act, suspend access to the site and take such further steps as are reasonable to protect the desk, its clients and its hosts.
The text, layout, illustrations, typography and code of this website belong to the Company or are used under licence. You may not reproduce substantial parts of the site, adapt its layout for a competing service or present its content as your own without written permission.
Materials supplied by a Client remain the property of the Client, and the Client grants the Company a licence to use those materials for the purpose of producing and placing the campaign. That licence covers reproduction in print, temporary storage for production, and inclusion in an internal sample archive. It does not extend to any other use.
Layouts, route maps, inspection reports and print specifications produced by the Company remain the property of the Company unless a proposal states otherwise. On full payment the Client receives a non exclusive licence to use the finished printed pieces for the campaign they were produced for.
An enquiry, whether made through the contact form, by email or by telephone, does not create a contract. A quotation is an invitation to discuss and remains open for thirty days unless it states a different period. A contract is formed only when the Client accepts a written proposal and the Company confirms acceptance in writing.
Quotations are prepared after a district walk wherever possible. Where the Client asks for a figure before a walk has taken place, the figure is an estimate based on described conditions and may be revised once the district has been inspected. We will explain any revision rather than presenting a new figure without context.
The Company provides the six service lines described on the services page: shopfront bulletin rounds, street poster cycles, district newsletter prints, handbill distribution days, notice board upkeep and shop interview features. Each service is delivered according to the route and calendar agreed for the campaign.
The Company will perform the work with reasonable skill and care, using suitable papers, fixings and pastes for the surfaces concerned. We will follow the approved route, keep dated records of each placement and report any site that has become unavailable so that a replacement can be agreed.
Where a campaign is planned in phases, each phase is separately scheduled and separately invoiced unless the proposal states otherwise. A delay in one phase does not oblige the Company to compress a later phase into a shorter window.
The Client is responsible for supplying Materials on time, in a usable format and with all necessary permissions. The Client confirms that any claim made in the Materials is accurate and that any quotation from a third party has been cleared for print.
The Client must nominate a person who can approve proofs and route changes promptly. Where approvals are delayed, the calendar may need to move and the Company will indicate the effect on the schedule before the delay becomes a problem. The Client is also responsible for telling the Company about any instruction from a landlord, building manager or local authority that affects a chosen surface.
The Client must not ask the Company to place material in a way that would breach a lease, a licence, a planning condition or a local rule. Where such a breach is suspected, the Company may refuse the placement and propose an alternative.
Placement depends on the goodwill of hosts. A host may withdraw permission at any time and for any reason. Where a host withdraws before a paste day, the Company will substitute another frontage on the same route where one is available and will record the change in the route sheet.
The Company will not damage a host surface. Fixings are chosen to be removable, and the Company will remove its own material at the end of the agreed display period unless the host asks to keep it. Neither party may paste over material belonging to another party without permission.
Where a poster surface is on public or third party property, the Company acts only within the permission that has been obtained for that surface. The Client acknowledges that a surface may be removed by a property owner or authority without notice, and that such removal is outside the control of the Company.
Paste and distribution days depend on dry conditions. Where heavy rain, a typhoon signal or another severe weather warning makes a paste day unsafe or ineffective, the day is postponed to the next suitable working day and the rest of the calendar shifts accordingly. The Company will notify the Client of any postponement as soon as the decision is made.
Estimates of completion are made in good faith. A route may take longer than expected where a frontage is inaccessible, where a host is closed for renovation or where a board requires repair before a sheet can be mounted. The Company will report the reason and the revised plan rather than leaving a gap unexplained.
Fees are stated in the proposal and cover the work described there, including preparation, printing to the stated specification, placement and the stated number of inspections. Any additional service or reprint requested after approval is quoted separately.
Unless the proposal states otherwise, the Company invoices forty percent on acceptance and the balance on completion of the final paste or delivery day. Invoices are payable within fourteen days. Where a campaign runs over several months, the proposal may set a monthly billing rhythm instead.
Late payment may attract interest at a reasonable commercial rate and may lead to suspension of further work. Expenses such as permits, specialist mounting hardware or courier charges are passed on at cost only where the proposal says so or the Client approves them in writing beforehand.
A Client may cancel a campaign in writing at any time. Where cancellation occurs before printing begins, the Company refunds any amount paid beyond the work already carried out. Where cancellation occurs after printing, the Client is liable for print costs already committed and for placement work already performed.
Where a campaign is postponed rather than cancelled, the Company will hold the agreed print and the agreed route for up to sixty days where storage allows. After that period the materials may need to be reprinted, and the cost of reprinting is treated as a new commitment.
The Company may cancel a campaign where the Materials are unlawful, where a required permission cannot be obtained, or where the Client fails to pay an undisputed invoice. In that event the Company refunds any amount paid for work not carried out.
The Client is responsible for ensuring that any third party image, font, quotation or mark used in the Materials is properly licensed. The Company may use licensed print fonts under its own licence, but it does not grant the Client a right to reuse those fonts beyond the printed campaign.
Where a proof includes an element supplied by a third party, the Client confirms that the element may be printed and distributed in the way proposed. If a claim is later made by a rights holder, the Client is responsible for resolving it and for keeping the Company informed.
The Company plans routes, produces printed material and inspects placements. It does not control how many people walk past a surface, whether a passer by reads a sheet or whether a reader decides to make contact. The Company therefore does not guarantee a number of enquiries, sales or other commercial outcome from a campaign.
What the Company does commit to is the process: the agreed route, the agreed print specification, the agreed number of paste or delivery days and the agreed number of inspections. Those commitments are measurable and are recorded in the route sheet and inspection report.
Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded. Subject to that, the Company is not liable for indirect or consequential loss, for loss of profit, or for loss arising from a host withdrawing permission or a surface being removed by a third party.
The total liability of the Company arising from a campaign is limited to the fees paid for that campaign. Where the Client supplies inaccurate Materials or fails to obtain a permission, the Company is not liable for the resulting loss.
The Company will correct a defect in printed material where the defect was caused by the Company and reported within fourteen days of the paste or delivery day. The remedy is a reprint or an equivalent adjustment, at the discretion of the Company.
The Client agrees to indemnify the Company against a claim arising from the Materials, from an instruction given by the Client, or from the Client failing to obtain a permission that the Client was responsible for obtaining. This indemnity applies only to the extent that the claim results from the Client action concerned and not from any independent fault of the Company.
The Company agrees to indemnify the Client against a claim that printed material produced by the Company infringes a third party right, where the infringement arises from the Company own design work and not from the Materials. The Company may defend such a claim itself and may replace the offending element.
The Company may suspend work where an invoice remains unpaid after a written reminder, where the Materials appear unlawful, or where the Client asks the Company to act in a way that would breach a law or a host agreement. Suspension lasts only while the issue remains unresolved.
Either party may terminate a campaign for a material breach that is not remedied within fourteen days of a written notice. On termination, the Client pays for work carried out up to that date, and the Company returns Materials that belong to the Client.
Personal information handled in connection with the website and the desk is described in the Privacy Policy published on this site. The Privacy Policy forms part of these terms. In the event of a conflict between the two documents on a privacy matter, the Privacy Policy prevails.
The Client must ensure that any personal information it supplies about its staff or a host has been collected lawfully and that the individuals understand it will be shared with the Company for the purpose of the campaign.
These terms are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the Hong Kong courts, subject to any mandatory rule that gives a consumer a right to bring a claim elsewhere.
Before beginning formal proceedings, the parties agree to discuss a dispute in good faith for at least twenty one days. A discussion may be arranged by writing to the address in section twenty one, and it costs nothing to begin.
The Company may update these terms from time to time to reflect a change in the services, the law or the way the desk operates. The date at the top of this page shows when the current version took effect. Where a change affects a campaign already under way, the version in force when the proposal was accepted continues to apply to that campaign unless the parties agree otherwise in writing.
Continued use of the website after a change indicates acceptance of the updated terms for future enquiries. If you do not accept a change, you may stop using the website and contact the desk to discuss any live engagement.
Notices under these terms should be sent to L Eclat Communication Limited at Rm 702 7/F Cheung Fung Comm Bldg, 21-25 Cheung Sha Wan Rd, Prince Edward, Hong Kong - 999077, Hong Kong (HK). The desk can be reached by email at contact@vastdistrict.autos or by telephone at +18028312666 during business hours.
A notice sent by email is treated as received on the next working day after it is sent, provided that no delivery failure is reported. A notice sent by post is treated as received on the third working day after posting.
These terms should be read together with the Privacy Policy and with any written proposal issued for a specific campaign.