The Service User Agreement serves as the primary contractual framework for businesses providing services in or from Hong Kong. This document is essential for companies offering any form of service, whether digital, professional, or traditional, and is particularly crucial in today's technology-driven marketplace. It addresses key aspects required under Hong Kong law, including data privacy, electronic transactions, and consumer protection. The agreement is designed to protect both service providers and users by clearly defining service scope, usage terms, pricing, liability limitations, and dispute resolution processes. Given Hong Kong's status as an international business hub, this Service User Agreement template is structured to accommodate both local and cross-border service arrangements while ensuring compliance with Hong Kong's legal framework and business practices.
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1. Parties: Identification of the service provider and user, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement
4. Service Description: Detailed description of services to be provided, including scope and any limitations
5. User Obligations: Requirements and responsibilities of the user when using the service
6. Service Provider Obligations: Commitments and responsibilities of the service provider in delivering the service
7. Fees and Payment: Payment terms, fee structure, billing cycles, and payment methods
8. Data Protection and Privacy: Handling of personal data in compliance with the Personal Data (Privacy) Ordinance
9. Intellectual Property Rights: Ownership and usage rights of intellectual property related to the service
10. Confidentiality: Protection and handling of confidential information shared between parties
11. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties
12. Term and Termination: Duration of agreement and circumstances under which it can be terminated
13. Force Majeure: Provisions for handling events beyond reasonable control of the parties
14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Service Level Agreement (SLA): Include when specific performance metrics and service levels need to be guaranteed
2. Security Requirements: Include for digital services or when handling sensitive data
3. User Content: Include when users can upload, share or create content through the service
4. Third-Party Services: Include when the service integrates with or depends on third-party providers
5. Insurance: Include for high-risk services or when specific insurance coverage is required
6. Compliance with Industry Standards: Include when service must comply with specific industry regulations or standards
7. Language: Include when agreement is bilingual (English and Chinese) to specify prevailing version
8. API Terms: Include when providing API access as part of the service
1. Schedule 1 - Service Specifications: Detailed technical specifications and features of the service
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and service availability commitments
4. Schedule 4 - Data Processing Agreement: Detailed terms for personal data processing in compliance with privacy laws
5. Schedule 5 - Acceptable Use Policy: Specific rules and restrictions for using the service
6. Appendix A - Contact Information: Key contacts for both parties for various purposes (technical, legal, billing)
7. Appendix B - Change Request Form: Standard form for requesting changes to the service or agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software as a Service (SaaS)
Professional Services
E-commerce
Financial Services
Healthcare Technology
Educational Technology
Cloud Computing
Digital Marketing
Consulting Services
Telecommunications
Information Technology
Relevant Teams
Legal
Compliance
Operations
Customer Success
Product
Business Development
Risk Management
Commercial
Information Technology
Customer Service
Account Management
Executive Leadership
Relevant Roles
Legal Counsel
Chief Legal Officer
Compliance Officer
Contract Manager
Business Development Manager
Product Manager
Chief Technology Officer
Operations Manager
Customer Success Manager
Risk Manager
Commercial Director
Chief Executive Officer
Chief Operations Officer
Service Delivery Manager
Account Manager
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