Standard Contract Form Template for Hong Kong

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Key Requirements PROMPT example:

Standard Contract Form

I need a Standard Contract Form governed by Hong Kong law for use in my technology services business, which will be used as a template for client engagements starting from January 2025, with particular focus on data protection and intellectual property provisions.

Document background
This Standard Contract Form has been developed to serve as a template for recurring commercial transactions in Hong Kong. It is specifically designed to comply with Hong Kong legal requirements while maintaining commercial practicality. The document is particularly useful for businesses engaging in repeated similar transactions with different counterparties, providing a consistent and efficient approach to contracting. It incorporates provisions required by Hong Kong legislation, including compliance with the Control of Exemption Clauses Ordinance and Unconscionable Contracts Ordinance, while maintaining flexibility to adapt to various commercial contexts. The Standard Contract Form includes essential elements such as clear party obligations, payment terms, liability provisions, and termination rights, all drafted in accordance with Hong Kong legal principles and commercial practice.
Suggested Sections

1. Parties: Identifies and defines the contracting parties with their full legal names and addresses

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

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Agreement: Clearly outlines what is covered by the agreement and any territorial or temporal limitations

5. Obligations of the Parties: Details the core responsibilities and commitments of each party

6. Payment Terms: Specifies pricing, payment schedules, and payment methods

7. Term and Termination: Sets out the duration of the agreement and circumstances for termination

8. Representations and Warranties: Contains standard representations and warranties from both parties

9. Liability and Indemnification: Addresses limitation of liability and indemnification obligations

10. Confidentiality: Establishes obligations regarding confidential information

11. Notices: Specifies how formal notices should be given between parties

12. General Provisions: Contains standard boilerplate clauses including governing law, entire agreement, and severability

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Force Majeure: Include when parties want protection from events beyond their reasonable control

2. Intellectual Property: Include when the agreement involves IP rights or licensed materials

3. Data Protection: Include when personal data will be processed under the agreement

4. Insurance: Include when specific insurance requirements need to be maintained

5. Non-Competition: Include when restrictions on competitive activities are necessary

6. Assignment and Subcontracting: Include when transfer rights need to be specifically addressed

7. Dispute Resolution: Include when specific dispute resolution procedures (e.g., arbitration) are preferred

8. Change Control: Include when the agreement may need formal procedures for amendments

9. Service Levels: Include when specific performance standards need to be maintained

10. Compliance with Laws: Include when specific regulatory compliance needs to be addressed

Suggested Schedules

1. Schedule 1 - Definitions: Detailed definitions if too extensive for main agreement

2. Schedule 2 - Services/Products: Detailed description of services or products covered

3. Schedule 3 - Charges: Detailed pricing structure and payment terms

4. Schedule 4 - Service Levels: Detailed performance metrics and standards

5. Schedule 5 - Contact Details: Key contact information for both parties

6. Schedule 6 - Form of Notice: Template forms for formal notices

7. Appendix A - Required Documents: List of documents required for contract performance

8. Appendix B - Technical Specifications: Technical details and requirements

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Technology

Manufacturing

Professional Services

Financial Services

Construction

Healthcare

Logistics

Real Estate

Trading

E-commerce

Telecommunications

Hospitality

Education

Relevant Teams

Legal

Procurement

Commercial

Operations

Compliance

Risk Management

Sales

Business Development

Supply Chain

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Commercial Director

Business Development Manager

Operations Manager

Compliance Officer

Risk Manager

Sales Director

General Manager

Chief Legal Officer

Chief Operating Officer

Supply Chain Manager

Account Manager

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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