Service Provision Agreement for Hong Kong

Service Provision Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which a service provider will deliver specified services to a client. The document outlines the scope of services, payment terms, performance standards, and mutual obligations of the parties while incorporating specific requirements of Hong Kong legislation, including data privacy requirements, implied terms under the Supply of Services Ordinance, and relevant consumer protection measures. It provides a robust framework for managing the service relationship while ensuring compliance with local regulatory requirements and protecting both parties' interests.

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What is a Service Provision Agreement?

The Service Provision Agreement is essential for businesses operating in Hong Kong that engage external service providers or offer services to clients. This document is particularly relevant in today's business environment where companies increasingly rely on specialized service providers for various aspects of their operations. The agreement serves as a comprehensive framework that defines the commercial relationship between service provider and client, covering crucial aspects such as service scope, performance standards, payment terms, and risk allocation. It incorporates specific requirements under Hong Kong law, including provisions required by the Supply of Services (Implied Terms) Ordinance and the Personal Data (Privacy) Ordinance. This type of agreement is suitable for both one-off projects and ongoing service arrangements, and can be customized to address industry-specific requirements while maintaining compliance with Hong Kong's legal and regulatory framework.

What sections should be included in a Service Provision Agreement?

1. Parties: Identifies and provides full legal details of the service provider and client

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Fees and Payment: Payment terms, rates, and invoicing procedures

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. Intellectual Property Rights: Ownership and usage rights of IP created during service provision

10. Confidentiality: Protection of confidential information exchanged during the service relationship

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

12. Liability and Indemnity: Limitation of liability and indemnification provisions

13. Force Majeure: Handling of events beyond parties' reasonable control

14. Notices: How formal communications between parties should be made

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

16. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

What sections are optional to include in a Service Provision Agreement?

1. Service Levels: Include when specific performance metrics need to be maintained

2. Change Control: Include for complex services where scope changes are likely

3. Insurance: Include when specific insurance coverage is required

4. Non-Competition: Include when service provider should be restricted from working with competitors

5. Staff and Subcontractors: Include when service provider may need to use subcontractors or specific staff requirements exist

6. Compliance with Laws: Include when services are in regulated industries

7. Audit Rights: Include when client needs right to audit service provider's performance

8. Business Continuity: Include for critical services requiring disaster recovery planning

9. Exit Assistance: Include when transition assistance is needed at end of services

What schedules should be included in a Service Provision Agreement?

1. Schedule 1 - Services Description: Detailed technical specifications of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria

4. Schedule 4 - Key Personnel: List of key staff assigned to provide the services

5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data if applicable

6. Schedule 6 - Change Control Procedure: Process for managing changes to services

7. Appendix A - Form of Change Order: Template for documenting agreed changes to services

8. Appendix B - Security Requirements: Information security requirements and protocols

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Management Consulting

Financial Services

Business Process Outsourcing

Marketing and Advertising

Facilities Management

Engineering Services

Healthcare Services

Education and Training

Legal Services

Telecommunications

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Risk and Compliance

Business Development

Project Management

Account Management

Service Delivery

Executive Leadership

Relevant Roles

Legal Counsel

Commercial Director

Procurement Manager

Contract Manager

Business Development Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Project Manager

Account Manager

Service Delivery Manager

Chief Operating Officer

General Counsel

Managing Director

Industries
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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