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Exclusive Service Provider Agreement

Exclusive Service Provider Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Exclusive Service Provider Agreement

"I need an Exclusive Service Provider Agreement for my IT consulting company based in Hong Kong to be appointed as the sole provider of cybersecurity services to a financial institution, with a three-year term starting March 1, 2025, including strict confidentiality provisions and data protection measures."

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Document background
The Exclusive Service Provider Agreement is a specialized contract used when a company (the client) wishes to engage a service provider as their sole provider for specific services in Hong Kong. This document is particularly crucial in business relationships where exclusivity is a key component of the commercial arrangement, such as specialized technical services, managed services, or strategic outsourcing relationships. The agreement comprehensively addresses the rights and obligations of both parties, including service levels, performance metrics, and compliance with Hong Kong regulations. It is designed to protect both parties' interests while ensuring the arrangement complies with Hong Kong competition law and other relevant legislation. The document is especially relevant in situations requiring long-term, stable service relationships with clear accountability and performance standards.
Suggested Sections

1. Parties: Identifies and provides full details of 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. Appointment and Scope: Establishes the exclusive appointment and defines the scope of services

5. Term and Renewal: Specifies the initial term and any renewal provisions

6. Service Provider's Obligations: Details the core obligations and service standards

7. Client's Obligations: Specifies the client's responsibilities and commitments

8. Exclusivity Provisions: Details the nature and extent of the exclusive arrangement

9. Fees and Payment Terms: Specifies pricing, payment schedule, and related terms

10. Intellectual Property Rights: Addresses ownership and usage of IP

11. Confidentiality: Defines confidential information and protection obligations

12. Data Protection: Addresses handling of personal and business data

13. Liability and Indemnification: Sets out liability limitations and indemnification terms

14. Termination: Details termination rights and procedures

15. Post-Termination Obligations: Specifies obligations surviving termination

16. General Provisions: Contains standard boilerplate clauses

17. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction

Optional Sections

1. Change Control: Used when services may need significant modification during the term

2. Service Credits: Include when specific service levels are critical and financial adjustments apply for underperformance

3. Insurance Requirements: Detailed insurance obligations when services involve significant risks

4. Anti-Corruption Compliance: Required for high-value contracts or when dealing with public sector

5. Force Majeure: Important when service delivery could be affected by external events

6. Non-Solicitation: Used to prevent poaching of staff

7. Business Continuity: Important for critical services requiring disaster recovery planning

8. Environmental Compliance: Relevant when services have environmental impact

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Service Levels: Performance metrics and measurement criteria

3. Schedule 3 - Fees and Payment Schedule: Detailed pricing structure and payment terms

4. Schedule 4 - Key Personnel: Lists key staff and their roles

5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation

6. Schedule 6 - Technical Requirements: Technical specifications and requirements

7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix 1 - Form of Change Order: Template for documenting agreed changes to services

9. Appendix 2 - Reports and Documentation: Templates and requirements for regular reporting

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions









































Clauses




































Relevant Industries

Information Technology

Professional Services

Healthcare

Financial Services

Telecommunications

Facilities Management

Manufacturing

Logistics

Business Process Outsourcing

Marketing and Advertising

Construction

Education and Training

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Commercial

Business Development

Project Management

Vendor Management

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

General Counsel

Head of Procurement

Commercial Director

Operations Manager

Procurement Manager

Contract Manager

Legal Counsel

Business Development Director

Project Manager

Vendor Management Lead

Risk Manager

Compliance Officer

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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