Terms of Service

These Terms of Service (the “Terms”) govern your access to novarkconsulting.com and any consulting or advisory service offered by Novark Commerce Limited(“Novark”). By using the website or engaging our services, you accept these Terms.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.

Novark provides consulting services for e-commerce, online sales, and digital-product businesses, including Market & Growth Strategy, Marketing & Sales Optimization, and Operations & Team Advisory. The services may include written analysis, models, dashboards, workshops, and recommendations.

Our deliverables are for informational and decision-support purposes only. They are not investment, tax, accounting, or legal advice, and you should consult qualified professionals before acting on them in those domains.

Specific services are governed by a signed statement of work or letter of engagement that sets scope, deliverables, fees, timelines, and any bespoke terms. Where the engagement document conflicts with these Terms, the engagement document prevails for that engagement.

Each party agrees to keep confidential any non-public information received from the other party, to use it only to perform the engagement, and to apply at least the same degree of care it applies to its own confidential information. Confidentiality survives termination for five (5) years.

Confidentiality does not apply to information that becomes public through no fault of the receiving party, was already lawfully known, or must be disclosed under applicable law or regulator request.

Novark retains ownership of its pre-existing methodologies, frameworks, analytical models, software, and documentation. You retain ownership of data you supply and any pre-existing materials you provide.

On full payment of fees for an engagement, you receive a non-exclusive, worldwide, perpetual licence to use the bespoke deliverables produced for that engagement for your internal business purposes. You may not resell or redistribute Novark deliverables without written consent.

Fees are denominated in Hong Kong Dollars (HKD) or United States Dollars (USD), as specified in the engagement document. Unless otherwise stated:

• invoices are issued at the milestones set in the engagement;
• payment terms are net thirty (30) days from invoice date;
• overdue amounts accrue interest at the lower of one percent (1%) per month or the maximum rate permitted by Hong Kong law;
• you are responsible for any taxes, duties, or withholding imposed by your jurisdiction, with Novark issuing tax-compliant invoicing.

Novark warrants that services will be performed with the professional care and skill expected of a reputable strategic consulting firm.

Beyond that warranty, services and deliverables are provided “as is”and we expressly disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law. We do not guarantee any specific commercial outcome — market conditions, execution quality, and external factors are outside our control.

To the maximum extent permitted by Hong Kong law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or relating to these Terms or any engagement.

Novark’s total aggregate liability arising out of or relating to a given engagement, regardless of the cause of action, is limited to the fees you paid Novark for that engagement in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be limited under Hong Kong law, including liability for fraud or for death or personal injury caused by negligence.

Either party may terminate an engagement for material breach that remains uncured thirty (30) days after written notice. On termination, you will pay for services rendered up to the termination date and Novark will return or, at your written direction, destroy your confidential data within thirty (30) days, subject to legal record-keeping obligations.

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any engagement is likewise governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-laws principles.

Any dispute arising out of or in connection with these Terms or an engagement, including the existence, validity, interpretation, performance, breach, or termination thereof, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration is Hong Kong, the language is English, and the arbitral tribunal will consist of one arbitrator.

We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Material changes affecting active engagements will be communicated to the engagement contact.

Questions about these Terms can be sent to inquiry@novarkconsulting.com or by post to the registered office shown below.