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Cost And Fee Contract
"I need a Cost and Fee Contract for my IT consulting firm to provide cloud infrastructure services to a Hong Kong-based financial institution, including monthly retainer fees plus variable costs, starting March 2025, with specific provisions for cybersecurity compliance and data protection."
1. Parties: Identifies and defines the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Scope of Services: Detailed description of services to be provided
5. Fee Structure and Payment Terms: Outlines the fee calculation methodology, payment schedule, and invoicing requirements
6. Cost Components: Specifies which costs are included, excluded, or separately chargeable
7. Payment Mechanics: Details the process for invoicing, payment methods, and timing
8. Obligations of the Service Provider: Lists the provider's duties, standards of service, and deliverables
9. Client Obligations: Specifies client responsibilities and required cooperation
10. Term and Termination: Duration of the agreement and termination provisions
11. Confidentiality: Provisions for handling confidential information
12. Liability and Indemnity: Risk allocation between parties
13. Force Majeure: Provisions for handling unforeseen circumstances
14. Governing Law and Jurisdiction: Confirms Hong Kong law applies and specifies dispute resolution approach
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Service Levels: Include when specific performance metrics need to be maintained
2. Intellectual Property Rights: Include when services involve creation or use of intellectual property
3. Data Protection: Include when personal data processing is involved
4. Insurance: Include when specific insurance requirements need to be maintained
5. Anti-Corruption: Include for high-value contracts or when dealing with public sector
6. Change Control: Include when scope or fees may need adjustment during the term
7. Audit Rights: Include when client requires right to audit costs and records
8. Subcontracting: Include when service provider may need to subcontract services
1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, rates, and pricing structure
2. Schedule 2 - Scope of Services: Detailed specification of services to be provided
3. Schedule 3 - Cost Categories: Itemized list of cost components and their treatment
4. Schedule 4 - Payment Procedures: Detailed invoicing and payment procedures
5. Schedule 5 - Key Personnel: List of key personnel and their roles (if applicable)
6. Schedule 6 - Service Levels: Detailed service level requirements and measurements
7. Appendix A - Rate Card: Standard rates for additional services or personnel
8. Appendix B - Form of Invoice: Template for invoices and cost reporting
Authors
Professional Services
Construction
Engineering
Consulting
Information Technology
Project Management
Legal Services
Financial Services
Healthcare
Education
Real Estate Development
Infrastructure
Manufacturing
Research and Development
Legal
Finance
Commercial
Procurement
Operations
Project Management
Business Development
Risk Management
Compliance
Contract Administration
Commercial Director
Legal Counsel
Contract Manager
Project Manager
Finance Director
Chief Financial Officer
Operations Manager
Procurement Manager
Business Development Manager
Account Manager
Cost Controller
Financial Controller
Managing Director
Commercial Manager
Risk Manager
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