General Terms and Conditions
Effective Date: January 1, 2022 (Updated June 2025 – v3.0)
This document outlines the General Terms and Conditions (the "Terms") governing the services provided by Red Arrow Ltd. ("Red Arrow" or "we/us"). These Terms apply to all engagements between Red Arrow Limited and its clients ("Client" or "you").
1. Nature of Services
Red Arrow Limited offers consultancy and creative services in marketing strategy, brand development, and content creation. Our role is primarily advisory. We provide strategic, visual, and conceptual recommendations based on industry best practices. Execution and operational implementation remain the client’s responsibility unless explicitly contracted.
Red Arrow Limited assumes no liability for the execution outcomes of strategies, campaign performance, or subjective dissatisfaction.
2. Provision of Services
Services provided by Red Arrow Limited are described in the agreed service agreement or contract. Red Arrow reserves the right to modify, reject, or cancel service orders if necessary, with appropriate notice to the Client.
All descriptions, content, or previews shared during the service process are made to the best of our knowledge but are not legally binding. The Client agrees to engage our services at their own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary.
3. Intellectual Property
Unless otherwise agreed in writing:
· All creative works, visual content, text, strategy documents, and files developed by Red Arrow Limited remain the property of Red Arrow Limited.
· Final deliverables transferred to the Client are licensed for the agreed purpose only and may not be reused or resold without permission.
Client-Provided Content
The Client represents and warrants that any materials supplied to Red Arrow Limited (e.g., logos, images, text, brand assets) are either original to the Client or properly licensed for commercial use. The Client accepts full liability for any legal disputes arising from unauthorized content it provides.
Red Arrow-Provided Content
Red Arrow warrants that it will not knowingly use any third-party intellectual property in deliverables unless:
· It has been generated in-house,
· Created using AI platforms with valid licensing,
· Or is sourced from commercially licensed material under agreed terms.
Red Arrow does not use third-party stock photography in commercial final outputs unless pre-approved and licensed in writing.
4. AI-Generated Content & Image Licensing
In response to increased legal scrutiny over image use and content licensing, Red Arrow applies the following rules:
· All non-client-provided images used in final deliverables must be generated by AI or internally designed.
· Stock images may be used solely for reference and layout exploration but must be replaced in final client-facing materials.
· Clients are responsible for providing proof of license for any image or asset they instruct us to use.
· We maintain records of AI-generated content and reserve the right to replace any unverified assets retroactively.
5. Indemnification
The Client agrees to fully indemnify and hold harmless Red Arrow Limited and its affiliates, directors, employees, and contractors from any claims, damages, liabilities, legal fees, or losses resulting from:
· The Client’s use of deliverables in a way that infringes on third-party rights,
· The Client’s provision of unauthorized or unlicensed content,
· Any action, negligence, or omission by the Client resulting in reputational or financial damage.
This clause includes but is not limited to:
· Copyright infringement claims,
· Content takedown requests,
· Court-ordered fines or injunctions.
6. Limitation of Liability
Red Arrow Limited, including its directors, officers, agents, employees, subsidiaries, and affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of our advisory services. This limitation of liability applies to all actions, claims, losses, and damages of any kind arising from or in connection with the use of services provided by Red Arrow Limited.
This includes:
· Loss of profits or business,
· Strategic underperformance,
· Delays in delivery.
7. No Guarantee of Results
While we strive to deliver high-quality creative and strategic outcomes, Red Arrow does not guarantee specific performance outcomes, sales metrics, or commercial success. Marketing inherently carries variable results influenced by external market conditions.
8. Third-Party Websites and Tools
Red Arrow’s deliverables may include integration with third-party platforms or references (e.g., Meta, Figma, WeChat). We are not liable for the content, practices, or service levels of those third-party tools. Clients are advised to review their terms and conditions independently.
9. Professional Insurance
Red Arrow Limited maintains professional liability (Errors & Omissions) insurance, including intellectual property infringement coverage, to ensure additional protection for high-risk or high-value engagements.
10. Governing Law & Dispute Resolution
These Terms are governed by the laws of Hong Kong. Disputes will first be attempted to be resolved through mutual discussion and mediation. Both parties retain the right to seek:
· Legal relief in small claims court,
· Injunctions for IP protection or contract breach.
11. Severability
If any part of these Terms is held to be legally unenforceable, the rest of the Terms shall remain in full effect.
12. Amendments
Red Arrow may amend these Terms from time to time. Any material changes will be communicated to active clients.
13. Acceptance
By engaging our services, the Client confirms full understanding and acceptance of these Terms. Engagement through contract, proposal approval, or payment constitutes binding agreement.
14. Entire Agreement
These Terms, together with any signed service agreement or scope of work, constitute the entire agreement between Red Arrow Limited and the Client. No verbal or informal representations shall be binding unless confirmed in writing by Red Arrow Limited.
15. No Reliance on Preliminary Work
Red Arrow Limited shall not be liable for any action taken by the Client based on drafts, prototypes, or preliminary advice not explicitly delivered as final work or as part of a confirmed deliverable. All creative, strategic, or conceptual outputs must be formally approved before use.
Contact
Email: [email protected]
Contact: Max Farrow
Address: Red Arrow Ltd. | Suite C, Level-7, World Trust Tower, 50 Stanley Street, Central, Hong Kong