Terms and Conditions for HKCareers Coaching Program

Upon students joining the coaching program, they have to agree and sign on below terms.

IT IS AGREED as follows:

  1. DEFINITIONS AND CONSTRUCTION

    1. In this Agreement the following terms shall have the following meanings unless otherwise specified:

“Coaching Period” starts on the date of this Agreement and ends either on the first day which the Student starts his/her Full-Time Employment; or six (6) months after the Student’s graduation from the undergraduate or master degree, whichever is earlier

“Coaching Service” refers to review of cover letter and resume, interview preparation, job offer decision, other career-related advice and trainings

“Employment Compensation” means a fair estimation of the Student’s total income derived from the first month (first 30 days) of Full-Time Employment and/or Internship before MPF and Tax with reference to the Student’s payroll documents issued by his/her employer and/or bank statements as the case may be

“Full-Time Employment” means full-time employment that commences after the completion of the Student’s studies of undergraduate degree and/or master degree (if any), and/ or return offers (full-time employment offer after Internship) with no exceptions

“Internship” means paid internships that commences within the Coaching Period

“Confidential Information” includes course materials, contact details, data, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.

“Personal Information” includes but not limited to names, phone numbers, postal address, information on identification documents, photos and employment records.

  1. “Appendix 1” refers to the list of companies attached to this AgreementTHE COMPANY’S OBLIGATIONS

    1. Subject to the Agreement, the Company shall provide Coaching Service and other service to the Student as agreed between the Parties during the Coaching Period.

    2. The time schedule, format and other specifications of the Coaching Service during the Coaching Period shall be mutually agreed between the Parties.

    3. The Company undertakes to:-

      1. review resume and cover letter;

      2. provide market news and job opening updates;

      3. arrange mock interviews for the Student; and

      4. conduct regular workshops and assessment centre practice training.

    4. The Company shall not provide any Coaching Service to part-time internship program and the Company shall not charge Employment Compensation for part time internship program.

    5. The Student can access Appendix 1 via (https://www.hkcareers.hk/companylist) provided by the Company.

    6. The Company may review Appendix 1 from time to time to update, add or remove details of companies at its absolute discretion, but the Company undertakes not to review and/or amend Appendix 1 provided that the Student has served a written notice of offers he/she received to the Company pursuant to any provisions of this Agreement.

 

  1. THE STUDENT’S OBLIGATIONS

    1. The Student shall notify the Company in writing within seven (7) days after he/she receives any offers for Internship or Full-Time Employment.

    2. Subject to Clause 3.3, when the Student has accepted offer(s) of Full-Time Employment or Internship during the Coaching Period, the Student shall:-

      1. notify the Company his/her acceptance of offer(s) in writing within seven (7) days after his/her communication of acceptance of offer to the employer.

      2. pay the Company his/her Employment Compensation of that Full-Time Employment or Internship within ninety (90) days from the first day of that Full-Time Employment or Internship provided that the offer(s) for Internship or Full-Time Employment was/were given by company(ies) from Appendix 1.

      3. not pay the Company his/her Employment Compensation only when the Students have not received any offer(s) for Internship or Full-Time Employment that was/were given by company(ies) from Appendix 1.

      4. If the Student receives any offer(s) for Internship or Full-Time Employment that was/were given by company(ies) from Appendix 1 but decides to take an offer given by company(ies) out of Appendix 1 save as Administrative Officer (AO) or Executive Officer (EO) in clause 3.2.5 hereinbelow, he/she shall still pay the Company his/her Employment Compensation in full.

      5. If the Student receives offer(s) for Internship or Full-Time Employment from HKSAR for the position of Administrative Officer (AO) or Executive Officer (EO) and he/she takes that offer, the Student shall pay the Company the Student’s total income derived from the first sixteen (16) days of Full-Time Employment or Internship before MPF and Tax.

    3. When the Student receives offer(s) of Internship or Full-Time Employment but does not accept any of the offers, he/she shall notify the Company his/her non-acceptance to offer(s) in writing within seven (7) days of his/her decision.

    4. When the Student has revoked previous accepted offer(s) of Internship or Full-Time Employment, he/she shall: -

      1. notify the Company his/her revocation of offer(s) immediately; and

      2. act in accordance with Clause 3.2 if he/she accepts any other offer(s).

    5. 5% contractual interest per month shall be applicable in case of late payment pursuant to Clause 3.2.2, 3.2.4, 3.2.5 or Clause 3.4.2 hereinabove.

    6. The payment obligation of the Student shall be discharged if the Student pays the full sum to the Company pursuant to Clause 3.2 hereinabove and any interests payable pursuant to Clause 3.5 hereinabove.

    7. Clause 3.5 hereinabove applies without prejudice to any other legal obligation that may arise as imposed on the Student by this Agreement or otherwise by law, including any obligations that may arise as a result of the breach of any terms of this Agreement.

 

  1. DEPOSIT

    1. The Student shall pay a monthly deposit of HK$750 for 12 months over the course of coaching period, starting from the signing of this agreement.

    2. The total amount of Deposit shall be deducted from the final payment under Clause 3 at the end of the Coaching Period, provided that the Student at all times during the Coaching Period is honest and candid with the Company.

    3. Shall any dispute as to the compliance with Clause 4.2 hereinabove arises, the decision of the Company is final and determinative of the matter.

 

  1. COVENANTS

    1. The Student covenants that he/she will promptly supply his/her Personal Information and employment information, including offer letter, acceptance, or other reasonable information, regarding his/her Full-Time Employment or Internship immediately after the Student possesses such information or when the Company may reasonably require. 

    2. The Student and the Company are required to keep all information confidential and are prohibited from discussing any information with anyone else before and after the termination of this Agreement.

 

  1. NON-COMPETITION

    1. The Student covenants and agrees that, for twelve (12) months after termination of the Coaching Period, he/she shall not directly or indirectly, anywhere in Hong Kong, own, manage, engage in, operate, consult or to be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage.

7. TERMINATION

  1. Each Party may terminate this Agreement in respect of the other Party, by written notice with a notice period of fourteen (14) days in case of a material breach by the other Party of any term and/or clause of the Agreement (including but not limited to breach of representations or warranties).

  2. Save for the situation as stated in clauses 7.1 above, the Party who terminated the Agreement (“the Defaulting Party”) shall, within seven (7) days from the termination of the Agreement, pay the other Party a fair estimation of Employment Compensation being liquidated damages.

 

  1. CONFIDENTIALITY

    1. The Student agrees and acknowledges that: 

      1. All Confidential Information shall remain the exclusive property of the Company and the Student shall not use any Confidential Information for any purpose except those permitted by this Agreement;

      2. The Company owns the exclusive copyright of the materials (including electronic, printed, audio and visual) distributed during the Coaching period, which may contain Confidential Information.

      3. He/she shall not, distribute, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information without prior written consent of the Company.

 

  1. BREACH

    1. Breach of this Agreement shall include, but not limited to:-

      1. the Student fails to pay any amount payable by him/her under this Agreement at the time in which it shall be paid, unless any failure to pay is caused by a delay or error in the transmission of funds or any other reasons which are beyond the control of the Student and such failure is remedied to the satisfaction of the Company within fourteen (14) calendar days from the due date; or

      2. the representation and warranty made by the Student in this Agreement is or proven to be incorrect or misleading or fraudulent when made; or

      3. the Student fails to duly perform or comply with any covenants and/or obligations owed under this Agreement;

    2. The Company may use the Student’s Personal Information for conducting due diligence process regarding the Internship/ Full-Time Employment offer that the Student received in case when the Company has reasonable grounds to suspect that breach of Clause 3 and/or any of its sub-clauses has been committed.

    3. If a breach has occurred and has not been remedied within seven (7) days, the Student shall pay to the Company a fair estimation of Employment Compensation being liquidated damages.

    4. 5% contractual interests per month shall be applied if the payment obligation pursuant to Clause 9.1.1 is not satisfied within thirty (30) days from the date of the breach.

 

  1. EXTENSION OF COACHING PERIOD

    1. Upon mutual consent of the Parties in writing, the Coaching Period may be extended for a period of one (1) year. 

 

  1. GOVERNING LAWS AND JURISDICTIONS

    1. This Agreement is governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). The Parties irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong.

 

This Agreement has been entered into on the date stated at the beginning of this Agreement.

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