The Service Contract Terms and Conditions document serves as a foundational legal agreement for businesses operating in Hong Kong that provide or receive services. This document is essential for establishing clear contractual relationships and protecting both parties' interests under Hong Kong law. It is designed to comply with Hong Kong's legal framework, including key ordinances governing contracts, services, and data protection. The document is typically used when businesses need to formalize service arrangements, whether for one-time projects or ongoing service provision. It covers crucial aspects such as service scope, performance standards, payment terms, liability limitations, and dispute resolution mechanisms, while remaining adaptable to various service types and industry requirements. The terms and conditions can be customized based on specific service needs while maintaining compliance with Hong Kong's legal requirements and business practices.
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1. Parties: Identification of the service provider and customer, including full legal names and registered addresses
2. Background: Brief context of the agreement and the parties' intention to enter into a service relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document
4. Services: Detailed description of the services to be provided, including scope and delivery standards
5. Service Provider's Obligations: Key responsibilities and commitments of the service provider, including quality standards and performance metrics
6. Customer's Obligations: Customer's responsibilities, including cooperation, access provision, and information sharing
7. Fees and Payment: Pricing structure, payment terms, invoicing process, and late payment consequences
8. Intellectual Property Rights: Ownership and usage rights of any IP involved in or created during service delivery
9. Confidentiality: Obligations regarding confidential information protection and permitted uses
10. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance and data handling procedures
11. Liability and Indemnity: Limitations of liability and indemnification obligations of both parties
12. Term and Termination: Contract duration, renewal terms, and circumstances for termination
13. Force Majeure: Provisions for handling events beyond reasonable control of the parties
14. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, and governing law
1. Service Levels: Detailed service level agreements (SLAs) and performance metrics - include when specific performance standards need to be measured
2. Change Control: Procedures for requesting and implementing changes to services - include for long-term or complex service arrangements
3. Insurance: Insurance requirements and coverage details - include for high-risk services or where significant liability exists
4. Staff and Subcontractors: Rules regarding personnel and subcontracting - include when service delivery involves key personnel or subcontractors
5. Audit Rights: Customer's rights to audit service provider's performance - include for regulated industries or critical services
6. Business Continuity: Disaster recovery and business continuity requirements - include for critical services or regulated sectors
7. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for government contracts or high-value services
8. Environmental Compliance: Environmental standards and compliance - include for services with environmental impact
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Charges and Payment Terms: Detailed fee structure, rates, and payment schedules
3. Schedule 3 - Service Levels: Detailed performance metrics, measurement methods, and remedies
4. Schedule 4 - Data Processing Agreement: Detailed data protection obligations and procedures
5. Schedule 5 - Contact Details and Representatives: Key contacts and authorized representatives for both parties
6. Schedule 6 - Change Control Procedure: Detailed process for requesting and implementing service changes
7. Appendix A - Form of Change Order: Template for documenting and approving service changes
8. Appendix B - Report Templates: Standard formats for service performance reporting
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Group Company
Hong Kong
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Party/Parties
Personal Data
Personnel
Related Companies
Representatives
Schedule
Service Credits
Service Hours
Service Levels
Services
Service Provider
Specification
Subcontractor
Term
Termination Date
Working Hours
Change Request
Change Control Procedure
Dispute
Emergency
Fees
Initial Term
Performance Standards
Renewal Period
Required Consents
Security Requirements
Service Location
Service Requirements
Special Terms
Territory
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Customer
Customer Data
Customer Materials
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Group Company
Hong Kong
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Party/Parties
Personal Data
Personnel
Related Companies
Representatives
Schedule
Service Credits
Service Hours
Service Levels
Services
Service Provider
Specification
Subcontractor
Term
Termination Date
Working Hours
Change Request
Change Control Procedure
Dispute
Emergency
Fees
Initial Term
Performance Standards
Renewal Period
Required Consents
Security Requirements
Service Location
Service Requirements
Special Terms
Territory
Clauses
Interpretation
Definitions
Service Provision
Service Standards
Service Provider Obligations
Customer Obligations
Fees and Payment
Invoicing
Performance Monitoring
Service Levels
Change Control
Personnel
Subcontracting
Intellectual Property Rights
Data Protection
Confidentiality
Security
Audit Rights
Warranties
Indemnification
Liability Limitations
Force Majeure
Insurance
Term and Duration
Termination
Termination Consequences
Exit Management
Assignment and Novation
Non-Solicitation
Notice Requirements
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Relationship of Parties
Anti-Corruption
Compliance with Laws
Business Continuity
Records and Reports
Publicity
Force Majeure
Definitions
Service Provision
Service Standards
Service Provider Obligations
Customer Obligations
Fees and Payment
Invoicing
Performance Monitoring
Service Levels
Change Control
Personnel
Subcontracting
Intellectual Property Rights
Data Protection
Confidentiality
Security
Audit Rights
Warranties
Indemnification
Liability Limitations
Force Majeure
Insurance
Term and Duration
Termination
Termination Consequences
Exit Management
Assignment and Novation
Non-Solicitation
Notice Requirements
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Relationship of Parties
Anti-Corruption
Compliance with Laws
Business Continuity
Records and Reports
Publicity
Force Majeure
Relevant Industries
Information Technology
Professional Services
Financial Services
Healthcare
Telecommunications
Consulting
Facilities Management
Business Process Outsourcing
Construction
Education
Logistics
Real Estate
Marketing and Advertising
Research and Development
Relevant Teams
Legal
Procurement
Operations
Commercial
Risk and Compliance
Business Development
Sales
Contract Administration
Account Management
Service Delivery
Executive Leadership
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Operations Director
Commercial Manager
Risk Manager
Compliance Officer
Project Manager
Account Manager
Service Delivery Manager
Chief Operating Officer
General Counsel
Sales Director
Business Owner
Managing Director
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