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Management And Administrative Services Agreement
"I need a Management and Administrative Services Agreement for my Hong Kong fintech company to outsource back-office operations to a third-party service provider, with specific provisions for data security and regulatory compliance in the financial services sector."
1. Parties: Identification of the service provider and client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Scope of Services: Clear statement of appointment and detailed description of management and administrative services to be provided
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Service Provider's Obligations: Detailed responsibilities and duties of the service provider
7. Client's Obligations: Responsibilities and duties of the client, including provision of necessary information and access
8. Fees and Payment Terms: Service fees, payment schedule, expenses, and invoicing procedures
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Data Protection: Compliance with PDPO and data handling requirements
11. Intellectual Property: Ownership and usage rights of IP created during service provision
12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
13. Force Majeure: Provisions for unforeseen circumstances affecting performance
14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Service Levels: Specific performance metrics and standards, used when quantitative service levels need to be maintained
2. Staff and Subcontracting: Rules regarding personnel and subcontractors, included when service provider may need to delegate tasks
3. Insurance: Insurance requirements and coverage details, important for high-risk services
4. Audit Rights: Client's rights to audit service provider's operations, included for regulated industries or complex services
5. Business Continuity: Disaster recovery and business continuation procedures, important for critical services
6. Anti-Corruption Compliance: Detailed anti-corruption provisions, necessary for government contracts or regulated industries
7. Change Control: Procedures for modifying services or terms, useful for long-term or complex arrangements
8. Non-Competition: Restrictions on competitive activities, included when service provider has access to sensitive information
9. Exit Management: Detailed transition procedures upon termination, important for complex or critical services
1. Schedule 1 - Services Description: Detailed breakdown of all management and administrative services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, including base fees, additional charges, and expense categories
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and reporting requirements
4. Schedule 4 - Key Personnel: List of key staff members and their roles in service delivery
5. Schedule 5 - Reports and Deliverables: List and description of all reports and deliverables to be provided
6. Schedule 6 - Client Equipment and Facilities: Details of any client-provided equipment, software, or facilities
7. Appendix A - Data Processing Agreement: Detailed terms for handling personal and sensitive data
8. Appendix B - Business Continuity Plan: Detailed procedures for ensuring service continuity
9. Appendix C - Contact Details: Key contact information for both parties
Authors
Financial Services
Professional Services
Real Estate
Technology
Manufacturing
Retail
Healthcare
Education
Hospitality
Logistics
Construction
Trading
Telecommunications
Consulting
Legal
Operations
Finance
Administration
Human Resources
Compliance
Risk Management
Procurement
Facilities Management
Company Secretarial
Business Development
Project Management
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Managing Director
Operations Director
Financial Controller
Company Secretary
Legal Counsel
Compliance Officer
Administrative Manager
Operations Manager
Procurement Manager
HR Director
Facilities Manager
Business Development Manager
Project Manager
Risk Manager
General Counsel
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