The Contractor or Authorized Person (whichever is applicable) must read these Terms and Conditions carefully before applying for or using the Levy E-service as described in paragraphs 6 to 8 below (the "E-service"). By registering to use the E-service using the “Levy E-service Application Form” (the "Form") with a new User ID and Password, the Contractor or Authorized Person shall be deemed to have accepted and be bound by all these Terms and Conditions:
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Use of E-service
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1. |
The Form is only for the sole and exclusive use by the contractors and authorised persons who have the requirements to submit levy forms to the Construction Industry Council (the “Council”). For assistance, please contact the Finance Department, Levy Section at 38/F, COS Centre, 56 Tsun Yip Street, Kwun Tong, Kowloon, or call 2100-9200, or fax to 2100 9339 or email to [email protected]. |
Login ID and Password
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2. |
The Contractor or Authorized Person should enter the user identification code (the "Login ID") and the password provided by the Council for identifying the user for the purpose of using the E-service. |
3. |
The Contractor or Authorized Person may change the Password at any time but the Login ID cannot be changed by the Contractor or Authorized Person. |
4. |
The Contractor or Authorized Person shall be fully responsible for any accidental or unauthorised disclosure of the Login ID and/or the Password to any other person and shall bear the risks of the Login ID and/or the Password being used by unauthorised persons or for unauthorised purposes. |
5. |
Upon notice or suspicion of the Login ID and/or the Password being disclosed to any unauthorised person or any unauthorised use of the E-service, the Contractor or Authorized Person shall notify the Council by telephone as soon as possible, and the Council may ask the Contractor or Authorized Person to confirm in writing and, until the Council's actual receipt of such notification, the Contractor or Authorized Person shall remain responsible for any and all use of the E-service by unauthorised persons or for unauthorised purposes. |
Online Communication with E-service
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6. |
Upon successful online registration to use the E-service, the Contractor or the Authorized Person may use its Login ID and Password provided by the Council to submit online as prescribed by the Council the following forms pursuant to the Construction Industry Council Ordinance (Cap. 587) (the "CICO"): Form 1 (Notice of Commencement of Construction Operations), Form 2 (Notice of Interim/Final Payment – for Contractor only) and Form 3 (Notice of Completion of Construction Operations). |
7. |
The Contractor or Authorized Person consents to the giving of information and notices pursuant to the CICO, including but not limited to the giving of the notice of assessment and the notice of surcharge under sections 33(3) and 41(3) of the CICO, by the Council to the Contractor or Authorized Person by way of email (attaching the information or notices) and/or by way of a notification email ("eNotification") with a hyperlink or instructions provided for access to the information or notices, and to such emails or eNotifications being treated as forms of electronic records for the purposes of the Electronic Transactions Ordinance (Cap. 553) (the "ETO"). |
8. |
The Contractor or Authorized Person shall be deemed to have received the information or notices, for the purposes of the CICO, the ETO or otherwise, at the time when the Council sends the email or eNotification to the email address as specified in the Form or any other email address subsequently notified in writing to the Council at least 14 days before its effective date (the "Email Address"). If the information or notices were sent by both email and eNotification, the time of receipt shall be the earlier time of sending the information or notices by either means. The time of receipt shall not be affected by any failure by the Contractor, Authorized Person or the Email Address to receive the information or notices or any messages related to such failure being sent back to the Council or whether the information or notices come to the knowledge of the Contractor or Authorized Person. The Contractor or Authorized Person shall ensure that the Email Address is and remains valid and capable of receiving any information or notices that may be sent by the Council by way of email or eNotification to the Email Address. The Contractor or Authorized Person shall regularly and diligently check for and review any information or notices that may be sent by the Council to the Email Address. |
Liabilities of the Contractors and Authorized Persons
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9. |
The Contractor and/or Authorized Person shall be fully liable and responsible for all consequences arising from or in connection with use of the E-service and/or access to any information or any other information as a result of such use by the Contractor and/or Authorized Person respectively or any other person whether or not authorised. |
10. |
Communications sent by the Contractors or Authorized Person to the Council shall be treated as delivered to the Council on the day of actual receipt by the Council. |
11. |
Without knowledge on the staff movements and internal changes within individual organization, CIC has to count on the assistance of the Contractors and Authorised Persons to upkeep the data confidentiality of the E-service platform. |
12. |
Despite the actions taken by the Council to protect the data privacy of the E-service platform (see item 15), proper measures should also be taken by the Contractors and Authorised Persons to minimise the risks of unauthorised access. |
13. |
Contractors should proactively make use of the E-service platform to maintain their staff accounts according to staff movements and works arrangement as required to avoid exposing their data to unauthorized personnel. |
14. |
In case an Authorised Person has resigned from his/her organization (if applicable) and no longer remains the Authorised Person of an existing construction operation, the Authorised Person should send a notice informing the Council of such change and the Authorised Person should also remind its employed organization who in turn should, together with the Authorised Person, ensure that such notice reaches the Council (Finance Department - Levy Section) at least 14 days before it becomes effective so that the Council’s record and the Authorised Person’s notification obligations under the Construction Industry Council Ordinance (Cap. 587) can be updated. Without a timely notice to the Council as aforesaid, the Authorised Person may risk being held liable for unauthorized access to project details of the organization under which he/she is no longer employed. |
Liabilities of the Council
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15. |
The Council will take reasonably practicable steps to ensure that its systems (the "Systems") in connection with the E-service are installed with adequate security designs and to control and manage the risks in operating the Systems. Upon receiving the notice from the Authorised Person on his/her resignation (per item 14), the Council will disable the Authorised Person’s access to such project details accordingly. |
16. |
Although the Council has taken every effort to keep its website free from viruses, the Council takes no responsibility for any computer virus which might be transferred by way of using the E-service. |
17. |
The Systems are provided solely to facilitate the use of the E-service. |
18. |
The Council will not be responsible for any incidental, indirect, loss of use, or damages upon the use of this website, and/or access to any information as a result of such use by any person whether or not authorised by the Contractors and/or Authorized Persons. |