The Master Professional Services Agreement (MPSA) is designed for situations where a company requires a long-term framework for engaging professional services providers in Hong Kong. It establishes the overarching terms and conditions that will govern multiple service engagements, typically delivered through individual statements of work or service orders. The agreement addresses key aspects of Hong Kong law including data privacy under the Personal Data (Privacy) Ordinance, intellectual property rights under the Copyright Ordinance, and service provider obligations under the Supply of Services (Implied Terms) Ordinance. This type of agreement is particularly useful for ongoing professional service relationships where the scope, timing, and exact nature of future services may not be known at the outset, but a consistent legal and commercial framework is needed.
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1. Parties: Identification of the service provider and client entities, including registered addresses and company numbers
2. Background: Context of the agreement, relationship between parties, and general purpose of the master agreement framework
3. Definitions and Interpretation: Key terms used throughout the agreement, interpretation rules, and hierarchy of documents
4. Structure and Scope: Framework explanation, relationship between master agreement and statements of work, process for engaging services
5. Service Provider Obligations: Core obligations, service standards, compliance requirements, and personnel requirements
6. Client Obligations: Client responsibilities, cooperation requirements, and provision of necessary resources
7. Ordering Process: Procedure for requesting services, SOW approval process, and variation mechanisms
8. Fees and Payment: Fee structure, payment terms, expenses, invoicing requirements, and dispute procedures
9. Intellectual Property Rights: Ownership of pre-existing and newly created IP, licenses, and IP warranties
10. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms
11. Data Protection: Compliance with Hong Kong PDPO, data handling obligations, and security measures
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
13. Term and Termination: Agreement duration, renewal provisions, termination rights, and consequences of termination
14. Force Majeure: Events constituting force majeure, notification requirements, and consequences
15. General Provisions: Standard boilerplate including notices, assignment, amendments, and governing law
1. Service Levels: Detailed service level requirements and KPIs - include when specific performance metrics are crucial
2. Compliance with Anti-Bribery Laws: Specific anti-corruption provisions - include for high-risk services or jurisdictions
3. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
4. Security Requirements: Specific IT and physical security obligations - include for sensitive operations
5. Staff Vetting: Personnel screening and qualification requirements - include for sensitive or regulated services
6. Non-Competition: Restrictions on competitive activities - include when sharing sensitive market information
7. Parent Company Guarantee: Guarantee provisions - include when service provider's financial strength is crucial
8. Environmental Compliance: Environmental standards and requirements - include for services with environmental impact
1. Schedule 1 - Service Categories: List and description of available service categories and specialized terms for each
2. Schedule 2 - Rate Card: Standard rates for different service categories, personnel levels, and locations
3. Schedule 3 - Form of Statement of Work: Template SOW including required information and approval process
4. Schedule 4 - Service Levels: Detailed service level metrics, measurement methods, and remedies
5. Schedule 5 - Key Personnel: List of key service provider personnel and their roles
6. Schedule 6 - Approved Subcontractors: Pre-approved subcontractors and their permitted scope of work
7. Schedule 7 - Technical Requirements: Technical specifications and standards for service delivery
8. Schedule 8 - Data Processing Agreement: Detailed data protection obligations and procedures
9. Appendix A - Insurance Requirements: Required insurance types, coverage levels, and evidence requirements
Relevant legal definitions
Clauses
Interpretation
Services
Statements of Work
Service Provider Obligations
Client Obligations
Personnel
Subcontracting
Change Control
Acceptance
Service Levels
Charges
Invoicing
Payment
Tax
Records and Audit
Intellectual Property
Data Protection
Confidentiality
Security
Anti-Bribery
Modern Slavery
Warranties
Indemnification
Liability
Insurance
Force Majeure
Term
Termination
Exit Management
Assignment
Notices
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Governing Law
Dispute Resolution
Services
Statements of Work
Service Provider Obligations
Client Obligations
Personnel
Subcontracting
Change Control
Acceptance
Service Levels
Charges
Invoicing
Payment
Tax
Records and Audit
Intellectual Property
Data Protection
Confidentiality
Security
Anti-Bribery
Modern Slavery
Warranties
Indemnification
Liability
Insurance
Force Majeure
Term
Termination
Exit Management
Assignment
Notices
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Governing Law
Dispute Resolution
Relevant Industries
Technology and Software
Management Consulting
Financial Services
Professional Services
Manufacturing
Healthcare
Telecommunications
Real Estate
Construction
Energy and Utilities
Retail and Consumer Goods
Education
Transportation and Logistics
Relevant Teams
Legal
Procurement
Finance
Operations
Risk and Compliance
Information Technology
Commercial
Project Management Office
Vendor Management
Professional Services
Relevant Roles
Chief Legal Officer
General Counsel
Legal Director
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Chief Financial Officer
Operations Director
Project Manager
Vendor Manager
Risk Manager
Compliance Officer
Chief Technology Officer
Head of Professional Services
Chief Operating Officer
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