Legal

Terms of Service

Terms of Service

Version: TOS-2026-05-11
Last Updated: 11 May 2026
Effective Date: 11 May 2026

By creating an account, using our websites (mdhk.ltd, track.mdhk.ltd, app.mdhk.ltd), or proceeding with any order, you agree to these Terms of Service. If you do not agree, do not register or use our services.


1. Parties & Roles

Administrative Facilitator

Massive Dynamic Limited
Hong Kong Company Registration: #78076051
Registered Address: Unit 1603, 16/F, The L. Plaza, 367-375 Queen's Road Central, Sheung Wan, Hong Kong

Our Role:

  • Sales and client relationship management
  • Order coordination and case management
  • Document collection and forwarding
  • Status updates and client communication
  • Payment processing and invoicing

What We Do NOT Do:

  • Provide legal advice or immigration counsel
  • Guarantee visa, permit, or regulatory approvals
  • Make decisions on behalf of government authorities
  • Practice law in any jurisdiction
  • Operate as a Money Service Operator, Trust or Company Service Provider, or Financial Institution (see Section 7)

Third-Party Provider

The designated Third-Party Provider's details will be disclosed after the Client signs the service agreement. The Third-Party Provider is responsible for:

  • Delivering core services as specified in the agreement
  • Ensuring compliance with agreed timelines and quality standards
  • Maintaining legal and regulatory compliance in service delivery
  • Managing relationships with sub-providers and authorities

2. Contract Structure

Your engagement with Massive Dynamic operates under a structured contractual framework:

Pre-Engagement Deposit Agreement (PEDA)

Purpose: Governs your advance payment and exclusivity before the main contract execution

Key Terms:

  • Defines deposit amount and payment terms
  • Establishes exclusivity period and confidentiality obligations
  • Sets review period for service agreement
  • Specifies refund conditions and conversion terms

General / Master Services Agreement (MSA)

Purpose: Sets the comprehensive service and fee framework

Key Terms:

  • Service scope, deliverables, and milestones (Schedule A)
  • Fee structure and payment schedules
  • Service delivery timelines and performance standards
  • Liability limitations and dispute resolution
  • Incorporates Third-Party Provider terms by reference (Annex B) where applicable
  • Regulatory status and disclaimers (MSA Section 15)

Pass-Through Principle

Critical Understanding: Any refund or compensation originates from the Third-Party Provider and is coordinated through Massive Dynamic to you when and if recovered. Massive Dynamic does not independently determine refund eligibility for services performed by the Third-Party Provider. Massive Dynamic does not hold any escrow, trust, or fiduciary account for Client funds.


3. Payments & Refunds

Payment Structure

  • Prices: Defined per service in order confirmation and Schedule A (Service Scope & Fees)
  • Installment Splits: Payment may be divided into milestones (e.g., 50% upfront, 50% on delivery)
  • Currency: Specified in invoice (EUR default; USD, GBP, or HKD where agreed in Schedule A)
  • Payment Methods: Stripe, Airwallex, bank transfer, or other approved methods
  • Receipt as Revenue: All amounts received are recognized as revenue for administrative facilitation services in the Company's operating account upon receipt

Advance Payment (PEDA)

  • Advance payment is non-earned until converted to service contract
  • Conversion occurs upon your acceptance of the Master Services Agreement
  • Refund scenarios are explicitly stated in the PEDA and MSA
  • Exclusivity and confidentiality obligations apply during PEDA period

Non-Refundable Third-Party Costs

The following costs are borne by the Customer and are non-refundable:

  • Government fees (consular fees, application fees, processing charges)
  • Translation and notarization expenses
  • Courier and postal charges
  • Travel expenses (where client travel is required)
  • Health insurance premiums (where required for applications)
  • Background check and document verification fees
  • Embassy appointment fees

Exception: Expressly stated otherwise in your specific service agreement

Refund Approval Process

  1. Client Request: Submit refund request to [email protected] with supporting documentation
  2. Investigation: Massive Dynamic investigates and forwards to Third-Party Provider if applicable (72 hours)
  3. Provider Decision: Third-Party Provider determines refund eligibility under contract terms
  4. Recovery Coordination: If approved, Massive Dynamic coordinates receipt of recovered funds
  5. Onward Payment: Funds recovered are paid to Client within 5 business days of receipt, as a separate commercial transaction

Refund Timeline

Approved refunds are processed within the timeline specified in your service agreement, typically:

  • Before Service Commencement: 5 business days
  • After Provider Approval: Within 1 month from approval notification

4. Your Obligations

Accurate Information

  • Provide complete, accurate, and truthful information in all communications
  • Update us promptly of any changes to personal circumstances, contact details, or relevant facts
  • Verify accuracy of all documents before submission
  • Notify us immediately of any errors or discrepancies

KYC and Sanctions Compliance

  • Furnish KYC documentation (passport/HKID, proof of address dated within 3 months, ownership chart for corporate clients, source-of-funds declaration for transactions exceeding EUR 15,000) within ten (10) business days of request
  • Identity verification must be completed within thirty (30) working days of engagement, in accordance with AMLO Cap. 615 requirements
  • Failure to complete verification within this timeline will result in mandatory suspension of the business relationship without right of refund for fees already earned

Timely Response

  • Respond to requests for information or documentation within specified deadlines
  • Meet document submission deadlines (typically 3-7 business days unless otherwise specified)
  • Attend scheduled consultations, interviews, or appointments
  • Late responses may result in processing delays or additional fees

Payment References

  • Use exact payment references provided in invoices
  • Retain all payment receipts and confirmation emails
  • Notify us immediately of payment issues or discrepancies
  • Do not make payments to unauthorized accounts or individuals

No Circumvention

Critical Obligation: You agree NOT to:

  • Bypass Massive Dynamic or its partners to engage directly with Third-Party Providers, implementers, or their affiliates
  • Use information, contacts, or relationships obtained through our services to circumvent our involvement
  • Engage in any conduct that deprives Massive Dynamic of earned fees or commissions

Liquidated Damages:
Breach of the no-circumvention obligation results in liquidated damages of EUR 50,000 (fifty thousand euros) or the full value of the circumvented transaction, whichever is greater.

Rationale and Pre-Estimate of Loss:
The Parties expressly acknowledge and agree that the liquidated damages amount represents a genuine pre-estimate of actual losses and is not a penalty. This pre-estimate reflects:

  • Customer Acquisition Cost: Average cost incurred by Massive Dynamic (typically EUR 8,000–15,000 per client, including marketing, sales personnel time, and platform infrastructure investment)
  • Lost Commission Income: From circumvented transactions (typically EUR 20,000–35,000 over the lifetime of the commercial relationship)
  • Reputational Damage: Impact on relationships with affected Third-Party Providers (typically EUR 5,000–10,000)
  • Administrative & Legal Costs: Reasonably incurred in detecting and addressing circumvention

The Parties confirm that EUR 50,000 represents a reasonable pre-estimate of actual losses given the Company's investments in its business relationships and is not intended as a punishment or deterrent in excess of the Company's legitimate commercial interests. This clause is intended to be enforceable under Hong Kong contract law applying the principles set out in Cavendish Square Holding BV v Makdessi [2015] UKSC 67.


5. Electronic Records & Signatures

Consent to Electronic Communications

By using our services, you consent to:

  • Receive contracts, invoices, receipts, and notices electronically
  • Conduct transactions through electronic means
  • Execute agreements via electronic signatures

Electronic Signature Validity

You agree that:

  • Ticking "I agree" or similar checkboxes constitutes your legally binding electronic signature
  • Proceeding with payment constitutes acceptance of associated terms
  • Electronic signatures have the same legal effect as handwritten signatures under applicable e-signature laws (Hong Kong Electronic Transactions Ordinance Cap. 553, EU eIDAS Regulation, US ESIGN Act)

Record Retention

We log and retain for evidentiary purposes:

  • Agreement version and timestamp of acceptance
  • IP address and user agent at time of acceptance
  • Payment confirmations and transaction records
  • Communication history and status updates

6. Privacy & Data Protection

Massive Dynamic and our service providers handle personal data as independent data controllers.

Data Processing Purposes:

  • Account management and user authentication
  • Order processing and service delivery
  • Payment processing and invoicing
  • Compliance with legal and regulatory obligations (AML, KYC, sanctions screening)
  • Customer support and communication

Your Privacy Rights: Comprehensively outlined in our Privacy Policy, including:

  • Right to access your personal data
  • Right to rectification and deletion
  • Right to restriction and objection
  • Right to data portability

Full Details: See our Privacy Policy


7. Disclaimers & Liability

Regulatory Status

Not a Money Service Operator (MSO)

Massive Dynamic Limited is NOT:

  • A licensed Money Service Operator (MSO) under Hong Kong's Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO, Cap. 615)
  • A licensed Stored Value Facility (SVF) operator under the Payment Systems and Stored Value Facilities Ordinance (PSSVFO, Cap. 584)
  • An Electronic Money Institution (EMI) under any jurisdiction
  • A Money Transmitter under United States state regulations
  • A Payment Institution under the EU Payment Services Directive (PSD2)

Massive Dynamic does not provide remittance services, money changing services, foreign exchange services, or operate stored value facilities. Fees paid by the Client are received as revenue for administrative facilitation services and recognized in the Company's operating account, not in any escrow, trust, or segregated client account. Any payments made by the Company to Third-Party Providers are paid from the Company's operating funds as part of service delivery, not as transit funds or remittance on behalf of the Client.

Not a Trust or Company Service Provider (TCSP)

Massive Dynamic Limited does NOT hold a TCSP licence under Hong Kong's AMLO Cap. 615 and does NOT directly provide Hong Kong company formation services, nominee director or shareholder services, registered office or correspondence address services, or company secretarial services. Where the Client requires such services, Massive Dynamic refers them to licensed TCSP partners listed on the Hong Kong Companies Registry public register.

Not a Law Firm or Immigration Consultant

Massive Dynamic Limited is NOT a law firm, is NOT licensed to practice law in any jurisdiction, does NOT provide legal advice or legal opinions, and does NOT represent clients before courts, tribunals, or immigration authorities. In jurisdictions where immigration consultancy is a regulated profession, Massive Dynamic does NOT hold immigration consultant licenses and acts solely as an administrative facilitator.

Not a Financial Services Provider

Massive Dynamic Limited is NOT a financial institution, is NOT licensed to provide financial, investment, or insurance advice, does NOT offer financial products or securities, and is NOT subject to financial services regulation under Hong Kong's Securities and Futures Ordinance (SFO, Cap. 571) or any equivalent foreign regulation.

No Guarantees

Massive Dynamic provides administrative coordination only. We do NOT guarantee:

  • Visa or permit approvals (decisions made by government authorities)
  • Specific processing timelines (subject to government workloads and policies)
  • Outcomes of applications (multiple factors affect success)
  • Acceptance by Third-Party Providers or employers

Service Delivery Factors Beyond Our Control

  • Government processing speeds and backlogs
  • Changes in immigration laws or policies
  • Consular discretion and subjective assessments
  • Economic or political conditions
  • Employer decisions or circumstances
  • Force majeure events (defined in Section 8)

Liability Limitations

To the extent permitted by applicable law:

Indirect Damages: Neither party is liable for indirect, special, incidental, consequential, or punitive damages including:

  • Lost profits or business opportunities
  • Reputational harm
  • Data loss (subject to our data backup obligations)
  • Third-party claims

Liability Caps: Maximum liability is limited to fees paid for the specific service giving rise to the claim, unless:

  • Caused by willful misconduct or gross negligence
  • Otherwise specified in your Master Services Agreement
  • Prohibited by mandatory consumer protection laws

Exceptions to Limitations:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Violations of fundamental statutory rights that cannot be waived

8. Force Majeure

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including:

Examples:

  • Natural disasters (earthquakes, floods, pandemics)
  • War, terrorism, civil unrest, or government actions
  • Strikes or labor disputes (not involving our own employees)
  • Regulatory changes, sanctions, or government orders
  • Telecommunications or internet failures
  • Cyberattacks affecting critical infrastructure

Effect: Performance obligations are suspended for the duration of the force majeure event plus a reasonable recovery period (typically 30 days).

Termination Right: If force majeure continues for more than 90 days, either party may terminate the affected agreement with written notice.


9. Governing Law & Dispute Resolution

Governing Law

Unless otherwise agreed in your specific service contract, these Terms are governed by the laws of Hong Kong SAR without regard to conflict of law principles.

Dispute Resolution Process

Step 1: Negotiation Parties agree to negotiate in good faith for 30 days before initiating formal dispute resolution.

Step 2: Arbitration If negotiation fails, disputes shall be resolved by arbitration under the rules of:

  • Administering Body: International Chamber of Commerce (ICC)
  • Seat of Arbitration: Hong Kong
  • Language: English
  • Number of Arbitrators: 1 (for claims under USD $100,000) or 3 (for claims exceeding USD $100,000)

Step 3: Interim Relief Nothing in this clause prevents either party from seeking interim or injunctive relief in competent courts for:

  • Protection of intellectual property rights
  • Prevention of irreparable harm
  • Enforcement of confidentiality obligations
  • Preservation of evidence

Arbitration Award

  • Final and binding on all parties
  • Enforceable in any court of competent jurisdiction
  • Limited grounds for appeal under applicable arbitration laws

10. Intellectual Property

Massive Dynamic IP

We retain all rights to:

  • Massive Dynamic trademarks, logos, and brand elements
  • Website design, code, and content
  • Proprietary systems, processes, and methodologies
  • Marketing materials and documentation templates

Client IP

You retain all rights to:

  • Personal information and documents you provide
  • Your business information and trade secrets
  • Materials you create or own

License Grant

You grant us a limited, non-exclusive license to:

  • Use your documents for the purpose of delivering contracted services
  • Reference your company name as a client (unless you opt out in writing)
  • Create anonymized case studies (with all identifying information removed)

11. Confidentiality

Mutual Obligations

Both parties agree to:

  • Keep confidential information private and secure
  • Use confidential information only for authorized purposes
  • Not disclose to third parties without written consent
  • Return or destroy confidential information upon request or termination

Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of this agreement
  • Was rightfully known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order (with prior notice where possible)

Duration

Confidentiality obligations survive termination of the service agreement for 5 years.


12. Account Security

Your Responsibilities

  • Maintain confidentiality of your login credentials
  • Use strong, unique passwords for your account
  • Enable two-factor authentication where available
  • Notify us immediately of unauthorized access or security breaches
  • Do not share your account with others

Our Security Measures

  • Bank-level AES-256 encryption for data at rest
  • TLS 1.3 encryption for data in transit
  • Cloudflare DDoS protection and WAF
  • Regular security audits and penetration testing
  • SOC 2 compliant infrastructure (via third-party providers)

Detailed Security Information: See Privacy Policy - Section 4


13. Termination

Termination by You

  • You may cancel before service commencement for full refund (per Refund Policy)
  • After service commencement, termination does not entitle you to refund of earned fees
  • You must submit termination request in writing to [email protected]

Termination by Us

We may terminate or suspend your account immediately for:

  • Material breach of these Terms
  • Fraudulent activity or misrepresentation
  • Non-payment of fees
  • Illegal activity or violation of applicable laws
  • Abusive conduct toward our staff
  • No-circumvention clause violations
  • Sanctions list inclusion or sanctions-related concerns identified during screening (see Privacy Policy Section 14)
  • Failure to complete KYC verification within 30 working days of engagement per AMLO Cap. 615 requirements
  • Suspicious transaction patterns triggering AML/CFT reporting obligations

Effect of Termination

  • Outstanding fees become immediately due and payable
  • You lose access to your account and uploaded files
  • We may delete your data in accordance with our retention policies
  • Confidentiality and liability provisions survive termination

14. Changes to These Terms

We may update these Terms from time to time to reflect:

  • Changes in our services or business practices
  • New legal or regulatory requirements
  • Improvements to security or user protections
  • Clarifications based on user feedback

Notification Process

  • Material Changes: Email notification to account holders at least 30 days in advance
  • Minor Changes: Notice on this page with updated version and date
  • Effective Date: Changes take effect on the date specified in the notice

Your Options

  • Acceptance: Continued use after effective date constitutes acceptance
  • Rejection: If you do not agree, you may terminate your account before the effective date

Version History

Current Version: TOS-2026-05-11 (11 May 2026)
Previous Versions: Available upon request to [email protected]


15. Miscellaneous Provisions

Entire Agreement

These Terms, together with your service-specific agreements (PEDA, MSA) and our Privacy Policy, constitute the entire agreement between you and Massive Dynamic regarding use of our services.

Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision. Waivers must be in writing to be effective.

Assignment

  • By You: You may not assign or transfer your rights or obligations without our prior written consent
  • By Us: We may assign our rights and obligations to affiliates or in connection with a merger, acquisition, or sale of assets

Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated in service-specific agreements.

Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

Notices

All legal notices must be sent to:

Massive Dynamic Limited
Unit 1603, 16/F, The L. Plaza
367-375 Queen's Road Central
Sheung Wan, Hong Kong

Email: [email protected]
Phone: +852 9290 0201

Client Notices: Sent to the email address associated with your account


16. Contact & Support

For questions about these Terms of Service:

General Inquiries: [email protected]
Legal Department: [email protected] (for formal legal notices)
Data Protection: [email protected] (for privacy-related matters)

Office Hours:
Monday - Friday: 9:00 AM - 6:00 PM (Hong Kong Time)
Saturday - Sunday: Closed (emergency support via email)

Expected Response Time:

  • Urgent matters: Within 24 hours
  • General inquiries: Within 48 hours
  • Legal notices: Within 5 business days

17. Acceptance & Electronic Signature

By proceeding to create an account, make a payment, or use our services, you acknowledge that:

  1. You have read and understood these Terms of Service
  2. You agree to be bound by these Terms and all referenced policies
  3. You are of legal age (18+) and have authority to enter into this agreement
  4. You understand that electronic acceptance constitutes a legally binding signature
  5. You have the right to request a paper copy of these Terms

Signed electronically by proceeding with service use


These Terms of Service are legally binding. Please read carefully before using our services.

If you do not agree with any provision, do not use our services and contact us to discuss your concerns.


Last Updated: 11 May 2026
Version: TOS-2026-05-11
Governing Law: Hong Kong SAR
© 2025-2026 Massive Dynamic Limited. All rights reserved.

Questions about this policy? Email [email protected].