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IT Services Contract for Hong Kong

IT Services Contract Template for Hong Kong

This is a comprehensive contract template governed by Hong Kong law, designed to establish and regulate the provision of IT services between a service provider and a customer. The document incorporates key provisions required under Hong Kong's legal framework, including data privacy requirements under the Personal Data (Privacy) Ordinance, electronic transaction considerations under the Electronic Transactions Ordinance, and intellectual property protections under the Copyright Ordinance. It addresses essential aspects such as service levels, performance metrics, data security, confidentiality, and risk allocation, while ensuring compliance with Hong Kong's common law system and relevant statutory requirements.

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What is a IT Services Contract?

This IT Services Contract template is designed for use in Hong Kong when establishing a formal relationship between an IT service provider and a customer requiring technology services. It is particularly suitable for arrangements involving software development, system maintenance, cloud services, IT consulting, or managed services. The document incorporates Hong Kong's legal requirements and business practices, including provisions for data protection, electronic transactions, and intellectual property rights. It provides a comprehensive framework for defining service scope, performance standards, pricing, and risk allocation, while ensuring compliance with Hong Kong's regulatory environment. The contract is structured to accommodate various IT service arrangements, from straightforward support services to complex system implementations.

What sections should be included in a IT Services Contract?

1. Parties: Identification and details of the service provider and customer

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of IT services to be provided

5. Service Provider's Obligations: Key responsibilities and commitments of the service provider

6. Customer's Obligations: Key responsibilities and commitments of the customer

7. Service Levels: Performance standards and metrics for service delivery

8. Charges and Payment: Pricing, payment terms, and invoicing arrangements

9. Intellectual Property Rights: Ownership and licensing of IP in deliverables and existing materials

10. Data Protection and Security: Obligations regarding data handling, privacy, and information security

11. Confidentiality: Protection of confidential information

12. Term and Termination: Duration of agreement and termination rights

13. Liability and Indemnities: Risk allocation between parties

14. Force Majeure: Provisions for handling events beyond parties' reasonable control

15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

What sections are optional to include in a IT Services Contract?

1. Change Control: Procedures for managing changes to services or specifications - include for complex or long-term services

2. Transition and Implementation: Process for service setup and migration - include when there's a significant implementation phase

3. Disaster Recovery: Business continuity and disaster recovery procedures - include for business-critical services

4. Staff and Key Personnel: Requirements for service provider personnel - include when specific staff expertise is crucial

5. Audit Rights: Customer's rights to audit service provider - include for regulated industries or critical services

6. Source Code Escrow: Arrangements for source code protection - include when custom software is developed

7. Service Credits: Financial remedies for service level failures - include for SLA-driven services

8. Export Control: Compliance with export regulations - include for international service provision

9. Anti-Bribery and Corruption: Specific compliance obligations - include for public sector or high-risk territories

What schedules should be included in a IT Services Contract?

1. Service Description: Detailed technical specifications of services

2. Service Levels and Service Credits: Detailed performance metrics and remedies

3. Charges: Detailed pricing structure and calculation methodology

4. Security Requirements: Specific security standards and procedures

5. Data Processing Agreement: Detailed data protection obligations and procedures

6. Business Continuity Plan: Detailed disaster recovery and business continuity procedures

7. Change Control Procedure: Detailed process for managing changes

8. Form of Change Order: Template for documenting agreed changes

9. Key Personnel: Details of key staff and their roles

10. Exit Plan: Procedures for service termination and transition

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

Cost

Free to use
Relevant legal definitions











































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

E-commerce

Relevant Teams

Legal

Information Technology

Procurement

Operations

Risk & Compliance

Information Security

Commercial

Finance

Project Management Office

Service Delivery

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

Procurement Manager

Legal Counsel

Contract Manager

IT Project Manager

Information Security Officer

Operations Director

Risk Manager

Compliance Officer

Commercial Director

Technology Consultant

Service Delivery 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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