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Cost And Fee Contract Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Cost and Fee Contract is essential for business relationships where services are provided on a cost-recovery or fee-based structure in Hong Kong. This document type is particularly relevant when parties need to establish clear parameters for cost allocation, fee calculations, and payment terms while ensuring compliance with Hong Kong legal requirements. It is commonly used in professional services, construction projects, consulting arrangements, and other business relationships where detailed cost tracking and fee structures are necessary. The agreement addresses key aspects such as cost components, markup calculations, payment schedules, and service delivery standards, while incorporating necessary protections and risk allocation mechanisms for both parties. This contract type is especially useful when the scope of services may vary or when costs need to be tracked and charged on a transparent basis, providing flexibility while maintaining clear accountability and compliance with Hong Kong regulatory requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses





































Relevant Industries

Professional Services

Construction

Engineering

Consulting

Information Technology

Project Management

Legal Services

Financial Services

Healthcare

Education

Real Estate Development

Infrastructure

Manufacturing

Research and Development

Relevant Teams

Legal

Finance

Commercial

Procurement

Operations

Project Management

Business Development

Risk Management

Compliance

Contract Administration

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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