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General Service Contract for Hong Kong

General Service Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which one party (the Service Provider) agrees to provide specified services to another party (the Customer). This document incorporates key provisions required under Hong Kong legislation, including service scope, payment terms, performance standards, liability limitations, and data protection requirements. It is designed to comply with Hong Kong's Contract and Rights of Third Parties Ordinance, Control of Exemption Clauses Ordinance, and other relevant Hong Kong commercial laws while providing a flexible framework for various service arrangements.

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General Service Contract

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What is a General Service Contract?

This General Service Contract template is designed for use in Hong Kong business environments where one party seeks to engage another for the provision of professional or commercial services. It is particularly relevant in situations requiring a formal documented agreement that complies with Hong Kong law and commercial practices. The contract encompasses essential elements such as service specifications, performance standards, payment terms, and risk allocation, while incorporating specific requirements under Hong Kong legislation including the Control of Exemption Clauses Ordinance and Personal Data (Privacy) Ordinance. This template is suitable for both straightforward service arrangements and more complex ongoing service relationships, providing a robust framework that can be customized based on specific service requirements while maintaining legal compliance in the Hong Kong jurisdiction.

What sections should be included in a General Service Contract?

1. Parties: Identifies and provides full details of the service provider and customer, including registered addresses and company numbers

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Services: Clearly outlines the services to be provided under the agreement

5. Term and Commencement: Specifies the duration of the agreement and when services will begin

6. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

7. Service Provider's Obligations: Lists the key responsibilities and commitments of the service provider

8. Customer's Obligations: Specifies the customer's responsibilities and commitments

9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created or used in providing the services

10. Confidentiality: Establishes obligations regarding confidential information

11. Data Protection: Covers compliance with Hong Kong's Personal Data (Privacy) Ordinance

12. Liability and Indemnity: Sets out liability limitations and indemnification obligations

13. Termination: Specifies circumstances and procedures for ending the agreement

14. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law

What sections are optional to include in a General Service Contract?

1. Service Levels: Include when specific performance metrics need to be maintained

2. Insurance: Include when specific insurance requirements need to be maintained

3. Non-Competition: Include when the service provider should be restricted from competing activities

4. Non-Solicitation: Include when parties need to be prevented from poaching each other's staff/clients

5. Change Control: Include for complex services where formal processes for changes are needed

6. Force Majeure: Include when specific events beyond parties' control need to be addressed

7. Disaster Recovery: Include for critical services requiring business continuity planning

8. Anti-Bribery and Corruption: Include when dealing with public sector or high-risk industries

9. Environmental Compliance: Include when services have environmental impacts

What schedules should be included in a General Service Contract?

1. Schedule 1 - Service Description: Detailed description of services, including specifications and deliverables

2. Schedule 2 - Charges and Payment Terms: Detailed breakdown of fees, rates, and payment schedules

3. Schedule 3 - Service Levels: Detailed performance metrics and measurement methods

4. Schedule 4 - Key Personnel: Details of key staff members assigned to provide the services

5. Schedule 5 - Required Insurance: Specific insurance types and coverage levels required

6. Schedule 6 - Data Processing Agreement: Detailed terms for handling personal data if applicable

7. Appendix A - Change Request Form: Template for requesting and documenting service changes

8. Appendix B - Service Report Template: Standard format for service performance reporting

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions














































Clauses








































Relevant Industries

Information Technology

Professional Services

Consulting

Facilities Management

Business Process Outsourcing

Healthcare Services

Educational Services

Financial Services

Marketing and Advertising

Construction Services

Engineering Services

Maintenance Services

Logistics and Supply Chain

Real Estate Services

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk and Compliance

Finance

Business Development

Project Management

Service Delivery

Account Management

Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Operations Director

Chief Operating Officer

Commercial Manager

Project Manager

Risk Manager

Compliance Officer

General Manager

Service Delivery Manager

Account Manager

Department Head

Chief Financial 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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