This Service Contract template is designed for use in Hong Kong business transactions where one party agrees to provide professional services to another. It is particularly relevant for businesses operating in Hong Kong's dynamic commercial environment and ensures compliance with local laws and regulations. The document covers essential elements including service scope, performance metrics, payment terms, and risk allocation, while incorporating specific requirements of Hong Kong's legal framework. This template is suitable for both straightforward service arrangements and complex long-term service relationships, providing flexibility to accommodate various business needs while maintaining legal certainty.
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1. Parties: Identification and details of the service provider and client
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 services to be provided
5. Term and Commencement: Duration of the agreement and start date
6. Fees and Payment Terms: Service fees, payment schedule, and payment methods
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Performance Standards: Quality standards and performance metrics for the services
10. Intellectual Property Rights: Ownership and usage rights of any IP created or used
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with PDPO and data handling requirements
13. Liability and Indemnity: Limitation of liability and indemnification provisions
14. Termination: Circumstances and process for ending the agreement
15. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Service Levels: Detailed service level agreements (SLAs) - include for technical or complex services
2. Change Control: Process for managing changes to services - include for long-term or complex services
3. Force Majeure: Provisions for unforeseen circumstances - include if services are critical or long-term
4. Insurance: Insurance requirements - include for high-risk services or where required by industry
5. Compliance with Laws: Specific regulatory compliance - include for regulated industries
6. Anti-Corruption: Anti-bribery and corruption provisions - include for government or regulated services
7. Business Continuity: Disaster recovery and business continuity - include for critical services
8. Audit Rights: Client's right to audit service provider - include for regulated services or complex arrangements
1. Schedule 1 - Service Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
3. Schedule 3 - Service Levels: Detailed performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Client Dependencies: List of items, access, or information to be provided by client
6. Schedule 6 - Data Processing Requirements: Specific requirements for handling personal data
7. Schedule 7 - Change Control Procedure: Detailed process for managing contract changes
8. Appendix A - Form of Change Order: Template for documenting agreed changes to services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Consulting
Financial Services
Healthcare
Education
Real Estate
Manufacturing
Logistics
Marketing and Advertising
Facilities Management
Business Process Outsourcing
Legal Services
Engineering
Construction
Relevant Teams
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Business Development
Project Management
Service Delivery
Account Management
Executive Leadership
Commercial
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Procurement Manager
Legal Counsel
Contract Manager
Operations Director
Project Manager
Business Development Manager
Risk Manager
Compliance Officer
Department Head
Managing Director
Service Delivery Manager
Account Manager
Finance Director
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