The Supplier Service Agreement is a fundamental commercial contract used when a business requires ongoing services from an external provider. This document, governed by Hong Kong law, establishes a clear framework for the service relationship, defining expectations, obligations, and commercial terms. It is particularly important in Hong Kong's dynamic business environment, where service outsourcing is common across various industries. The agreement typically covers service scope, performance metrics, payment terms, liability provisions, and compliance requirements, while incorporating relevant Hong Kong ordinances and common law principles. This type of contract is essential for protecting both parties' interests and ensuring clear accountability in service delivery.
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1. Parties: Identifies the contracting parties with their full legal names and registered addresses
2. Background: Sets out the context of the agreement and basic premises underlying the contract
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Services: Detailed description of services to be provided by the supplier
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Supplier Obligations: Key responsibilities and commitments of the supplier
7. Customer Obligations: Key responsibilities and commitments of the customer
8. Fees and Payment: Payment terms, pricing, invoicing requirements, and payment methods
9. Service Levels: Performance standards and metrics for service delivery
10. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: Compliance with privacy laws and data handling requirements
13. Liability and Indemnification: Allocation of risks and responsibilities for losses
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendment process, and entire agreement
1. Change Control: Procedures for managing changes to services or agreement terms - used for complex or long-term service arrangements
2. Business Continuity: Disaster recovery and business continuity requirements - important for critical services
3. Compliance with Laws: Specific regulatory compliance obligations - needed for regulated industries or services
4. Insurance: Insurance requirements and coverage - important for high-risk services
5. Anti-Bribery and Corruption: Compliance with anti-corruption laws - important for international services or public sector contracts
6. Environmental and Social Responsibility: ESG requirements - relevant for companies with strong sustainability focus
7. Security Requirements: Specific security protocols and standards - important for IT or sensitive services
8. Audit Rights: Customer's right to audit supplier - important for regulated industries or critical services
9. Key Personnel: Identification and replacement of key staff - important where specific expertise is crucial
10. Transition and Exit: Procedures for service transition and termination - important for complex or critical services
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Schedule 3 - Charges and Payment: Detailed pricing structure, rate cards, and payment milestones
4. Schedule 4 - Customer Dependencies: Detailed customer obligations and requirements
5. Schedule 5 - Contact Details: Key contacts and escalation matrix for both parties
6. Schedule 6 - Form of Change Order: Template for documenting agreed changes to services
7. Schedule 7 - Data Processing Agreement: Detailed data protection and privacy requirements
8. Schedule 8 - Business Continuity Plan: Detailed disaster recovery and business continuity procedures
9. Appendix A - Technical Requirements: Technical standards and specifications
10. Appendix B - Security Requirements: Detailed security protocols and standards
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Business Day
Change Control
Change Request
Charges
Commencement Date
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Disclosing Party
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Hong Kong
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Notice
Payment Terms
Personal Data
Receiving Party
Representative
Schedule
Services
Service Levels
Service Credits
Service Period
Specification
Supplier
Supplier Personnel
Term
Termination Date
Third Party
Working Hours
Agreement
Applicable Law
Business Day
Change Control
Change Request
Charges
Commencement Date
Confidential Information
Customer
Customer Data
Customer Materials
Deliverables
Disclosing Party
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Hong Kong
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Notice
Payment Terms
Personal Data
Receiving Party
Representative
Schedule
Services
Service Levels
Service Credits
Service Period
Specification
Supplier
Supplier Personnel
Term
Termination Date
Third Party
Working Hours
Clauses
Interpretation
Appointment
Term and Duration
Services
Service Levels
Supplier Obligations
Customer Obligations
Fees and Payment
Invoicing
Taxes
Quality Assurance
Performance Monitoring
Change Control
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Record Keeping
Audit Rights
Warranties
Anti-Corruption
Force Majeure
Liability
Indemnification
Insurance
Termination
Exit Management
Assignment and Novation
Non-Solicitation
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Business Continuity
Compliance with Laws
Environmental and Social Responsibility
Health and Safety
Security Requirements
Appointment
Term and Duration
Services
Service Levels
Supplier Obligations
Customer Obligations
Fees and Payment
Invoicing
Taxes
Quality Assurance
Performance Monitoring
Change Control
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Record Keeping
Audit Rights
Warranties
Anti-Corruption
Force Majeure
Liability
Indemnification
Insurance
Termination
Exit Management
Assignment and Novation
Non-Solicitation
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Business Continuity
Compliance with Laws
Environmental and Social Responsibility
Health and Safety
Security Requirements
Relevant Industries
Technology
Manufacturing
Financial Services
Retail
Healthcare
Professional Services
Telecommunications
Construction
Logistics
Education
Hospitality
Energy
Media and Entertainment
Real Estate
Relevant Teams
Legal
Procurement
Operations
Finance
Risk and Compliance
Supply Chain
Commercial
Project Management
Vendor Management
Business Operations
Internal Audit
Relevant Roles
Procurement Manager
Legal Counsel
Commercial Director
Operations Manager
Supply Chain Manager
Contract Manager
Chief Financial Officer
Risk Manager
Compliance Officer
Vendor Manager
Business Unit Head
Project Manager
General Counsel
Chief Operating Officer
Sourcing Manager
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