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Outsourcing Contract Agreement

Outsourcing Contract Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Outsourcing Contract Agreement

"I need an Outsourcing Contract Agreement under Hong Kong law for outsourcing our IT support services to a third-party provider, with particular emphasis on data protection and cybersecurity requirements, as the service provider will have access to our customer database starting March 2025."

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Document background
The Outsourcing Contract Agreement is a vital document for businesses operating in Hong Kong who wish to engage external service providers for various business functions. This agreement is particularly important given Hong Kong's position as a major international business center and its comprehensive legal framework, including the Personal Data (Privacy) Ordinance and various sector-specific regulations. The document is designed to protect both parties' interests while ensuring compliance with Hong Kong law, covering essential elements such as service levels, data protection, intellectual property rights, and risk allocation. It's commonly used when companies seek to outsource IT services, business processes, facilities management, or other operational functions, and includes specific provisions for performance monitoring, governance, and dispute resolution under Hong Kong jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names and registered addresses

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the outsourcing arrangement

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of the services to be provided, including any phases or implementation periods

5. Service Provider's Obligations: Key responsibilities and commitments of the service provider, including quality standards and delivery timeframes

6. Customer's Obligations: Responsibilities of the customer, including provision of necessary information and access

7. Service Levels: Performance standards, metrics, and measurement methodologies

8. Charges and Payment Terms: Pricing, payment schedule, invoicing procedures, and any price adjustment mechanisms

9. Data Protection and Security: Obligations regarding data handling, security measures, and compliance with privacy laws

10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

13. Liability and Indemnities: Allocation of risks, limitation of liability, and indemnification obligations

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

15. Governing Law and Dispute Resolution: Choice of Hong Kong law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Staff Transfer: Required when the outsourcing involves transfer of employees, addressing employment terms and TUPE-like provisions

2. Business Continuity and Disaster Recovery: Needed for critical services or when required by industry regulations

3. Compliance with Industry Standards: Required for regulated industries or when specific certifications must be maintained

4. Anti-Bribery and Corruption: Important when dealing with public sector or highly regulated industries

5. Environmental Compliance: Relevant when services have environmental impacts or for ESG compliance

6. Change Control: Needed for complex services likely to require modifications during the term

7. Exit Management: Important for complex or critical services requiring detailed transition arrangements

8. Parent Company Guarantee: Required when seeking additional financial security from service provider's parent company

Suggested Schedules

1. Service Description: Detailed technical specifications of services to be provided

2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies

3. Pricing and Payment Schedule: Detailed pricing breakdowns, payment milestones, and calculation methods

4. Personnel: Key personnel, qualifications, and any dedicated team requirements

5. Technical Requirements: Infrastructure, system requirements, and technical specifications

6. Data Protection Requirements: Specific data handling procedures, security measures, and compliance requirements

7. Transition Plan: Detailed implementation or transition timeline and responsibilities

8. Business Continuity Plan: Detailed procedures for maintaining service during disruptions

9. Exit Plan: Detailed procedures and requirements for service termination and transition

10. Approved Subcontractors: List of pre-approved subcontractors and their permitted scope of work

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














































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Relevant Industries

Financial Services

Technology

Manufacturing

Logistics and Supply Chain

Healthcare

Professional Services

Retail

Telecommunications

Banking

Insurance

Real Estate

Education

Relevant Teams

Legal

Procurement

Operations

Information Technology

Finance

Compliance

Risk Management

Vendor Management

Project Management

Business Operations

Human Resources

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Chief Technology Officer

Chief Legal Officer

Head of Procurement

Head of Operations

Legal Counsel

Procurement Manager

Operations Manager

Contract Manager

Vendor Management Lead

Risk Management Officer

Compliance Officer

Project Manager

IT Director

Business Unit Head

Finance Director

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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