The Usage Agreement serves as a fundamental legal instrument in Hong Kong's digital and commercial landscape, establishing the contractual relationship between service providers and users. This document is essential when offering software, digital platforms, content services, or other products where specific terms of use need to be defined and enforced. The agreement must comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance, Electronic Transactions Ordinance, and common law principles. It typically covers access rights, usage restrictions, data handling, intellectual property protection, and liability allocation. Usage Agreements are particularly crucial in the current digital economy where clear terms of service and user obligations need to be established to protect both providers and users.
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1. Parties: Identification of the service provider and user, including full legal names and addresses
2. Background: Context of the agreement, nature of the service/product being licensed for use
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Usage Rights: Scope of permitted use, license terms, and any territorial restrictions
5. User Obligations: Key responsibilities and requirements for users of the service/product
6. Prohibited Activities: Specific restrictions and prohibited uses of the service/product
7. Data Protection and Privacy: Data collection, processing, and protection obligations compliant with PDPO
8. Intellectual Property Rights: ownership and protection of IP rights in the service/product
9. Payment Terms: Fees, payment schedule, and payment methods if applicable
10. Term and Termination: Duration of agreement and circumstances for termination
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Service Level Agreement: Include when specific performance metrics and service levels need to be guaranteed
2. Security Requirements: Add when the usage involves sensitive data or systems requiring specific security measures
3. Third-Party Terms: Include when the service incorporates third-party components with pass-through terms
4. User Content: Add when users can create, upload, or share content through the service
5. Support and Maintenance: Include when ongoing technical support or maintenance services are provided
6. Compliance with Laws: Add detailed compliance obligations for regulated industries or special use cases
7. Insurance: Include when specific insurance coverage is required for high-risk usage scenarios
1. Schedule 1 - Service Description: Detailed technical specifications and description of the service/product
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service level commitments
4. Schedule 4 - Technical Requirements: Minimum technical requirements for using the service/product
5. Schedule 5 - Data Processing Terms: Detailed data processing obligations and procedures
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the service
7. Appendix B - Privacy Policy: Detailed privacy policy and data protection procedures
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