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Project Service Agreement

Project Service Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Project Service Agreement

"I need a Project Service Agreement for a software development project where my Hong Kong company will be the service provider delivering a new CRM system to a retail client, with the project starting in March 2025 and including specific data privacy and security requirements."

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Document background
The Project Service Agreement is a critical commercial contract used when a service provider agrees to deliver specific project-based services to a client in Hong Kong. This document is essential for projects requiring detailed scope definition, milestone-based deliverables, and clear performance metrics. It's particularly relevant in today's business environment where companies increasingly rely on external expertise for project delivery. The agreement must comply with Hong Kong's legal framework, including the Contract (Rights of Third Parties) Ordinance, Employment Ordinance, and Personal Data (Privacy) Ordinance. It's designed to protect both parties' interests while ensuring clear communication channels, defined responsibilities, and proper risk allocation. The document is typically used for technology implementations, consulting engagements, construction projects, and other professional services requiring structured project delivery.
Suggested Sections

1. Parties: Identification of contracting parties with full legal names and registered addresses

2. Background: Context of the agreement, brief description of the project and parties' capabilities

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided and project objectives

5. Project Timeline: Key dates, milestones, and delivery schedule

6. Payment Terms: Fees, payment schedule, invoicing requirements, and payment methods

7. Obligations of Service Provider: Key responsibilities, performance standards, and deliverables

8. Client Obligations: Client's responsibilities, including provision of information and resources

9. Intellectual Property Rights: Ownership and usage rights of project deliverables and pre-existing IP

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: Compliance with PDPO and data handling requirements

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction for disputes

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

Optional Sections

1. Change Control: Process for managing changes to project scope or requirements - include for complex projects with likely variations

2. Service Levels: Specific performance metrics and related penalties/rewards - include when quantifiable performance standards are required

3. Insurance: Insurance requirements and coverage details - include for high-risk projects or when required by industry standards

4. Security Requirements: IT security and physical security requirements - include for projects involving sensitive data or systems

5. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries or government projects

6. Personnel: Key personnel requirements and replacement procedures - include when specific expertise is crucial

7. Audit Rights: Client's rights to audit service provider's performance - include for regulated industries or critical services

8. Business Continuity: Disaster recovery and business continuity requirements - include for critical services or long-term projects

9. Third-Party Rights: Rights of third parties under the Contract (Rights of Third Parties) Ordinance - include when third parties may need to enforce terms

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical specifications and scope of services

2. Schedule 2 - Project Timeline: Detailed project plan with milestones and dependencies

3. Schedule 3 - Charges and Payment: Detailed fee structure, rates, and payment schedules

4. Schedule 4 - Service Levels: Detailed performance metrics, measurement methods, and remedies

5. Schedule 5 - Key Personnel: Details of key team members and their roles

6. Schedule 6 - Client Dependencies: Detailed list of client-provided resources and requirements

7. Appendix A - Change Request Form: Template for submitting and approving project changes

8. Appendix B - Acceptance Criteria: Detailed criteria for accepting deliverables

9. Appendix C - Security Policies: Relevant security policies and procedures

10. Appendix D - Required Reports: Templates and specifications for required project reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Affiliate
Agreement
Applicable Laws
Background IP
Business Day
Change Request
Charges
Client
Client Dependencies
Client Materials
Confidential Information
Contract Year
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Implementation Plan
Intellectual Property Rights
Key Personnel
Milestone
Personal Data
Project
Project Manager
Project Timeline
Services
Service Levels
Service Provider
Specification
Subcontractor
Term
Third Party Materials
Work Product
Working Hours
Clauses
Interpretation
Services Scope
Project Management
Payment Terms
Performance Standards
Client Obligations
Service Provider Obligations
Change Control
Acceptance Testing
Intellectual Property
Confidentiality
Data Protection
Personnel
Subcontracting
Warranties
Liability and Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Dispute Resolution
Governing Law
Assignment and Novation
Notices
Third Party Rights
Entire Agreement
Variation
Severability
Waiver
Costs and Expenses
Further Assurance
Counterparts
Anti-Corruption
Audit Rights
Business Continuity
Compliance with Laws
Relevant Industries

Information Technology

Management Consulting

Professional Services

Engineering

Construction

Financial Services

Healthcare

Education

Manufacturing

Real Estate Development

Telecommunications

Digital Transformation

Research and Development

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk and Compliance

Finance

Project Management Office

Business Development

Information Technology

Strategy

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Procurement Manager

Commercial Director

Chief Operating Officer

Business Development Manager

Risk Manager

Compliance Officer

Operations Manager

Account Executive

Program Director

Chief Technology Officer

Chief Financial Officer

Industries
Contract (Rights of Third Parties) Ordinance (Cap. 623): Governs how third parties may enforce terms of a contract and affects how third-party rights should be addressed in the agreement
Employment Ordinance (Cap. 57): Important for establishing clear contractor relationship and avoiding misclassification of employment status
Personal Data (Privacy) Ordinance (Cap. 486): Regulates collection, handling and use of personal data, crucial if project involves processing personal information
Copyright Ordinance (Cap. 528): Protects intellectual property rights and governs ownership of works created during the project
Supply of Services (Implied Terms) Ordinance (Cap. 457): Establishes implied terms for service contracts regarding quality and performance standards
Electronic Transactions Ordinance (Cap. 553): Relevant for electronic signatures and digital documentation if agreement is executed electronically
Trade Descriptions Ordinance (Cap. 362): Ensures accurate description of services and prevents misrepresentation
Business Registration Ordinance (Cap. 310): Ensures compliance with business registration requirements for service providers
Limitation Ordinance (Cap. 347): Sets time limits for bringing legal actions and should be considered for warranty and liability periods
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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