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
Relevant legal definitions
Acceptable Use Policy
Agreement
Authorized Users
Business Day
Confidential Information
Content
Data Protection Laws
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Licensed Materials
Maintenance
Personal Data
Platform
Privacy Policy
Security Requirements
Service Level Agreement
Service Provider
Services
Support Services
System
Term
Third Party Content
Update
Upgrade
User
User Account
User Content
User Data
Usage Rights
Usage Restrictions
Working Hours
API
Authentication Credentials
Bandwidth
Breach
Designated Equipment
License Key
Malicious Code
Service Credits
Subscription
Technical Requirements
Territory
Agreement
Authorized Users
Business Day
Confidential Information
Content
Data Protection Laws
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Licensed Materials
Maintenance
Personal Data
Platform
Privacy Policy
Security Requirements
Service Level Agreement
Service Provider
Services
Support Services
System
Term
Third Party Content
Update
Upgrade
User
User Account
User Content
User Data
Usage Rights
Usage Restrictions
Working Hours
API
Authentication Credentials
Bandwidth
Breach
Designated Equipment
License Key
Malicious Code
Service Credits
Subscription
Technical Requirements
Territory
Clauses
Grant of Rights
License Scope
Usage Restrictions
Access Rights
User Obligations
Data Protection
Privacy Compliance
Intellectual Property
Confidentiality
Payment Terms
Service Levels
Technical Requirements
Security Requirements
Support and Maintenance
User Content
Acceptable Use
Term and Duration
Termination
Suspension Rights
Warranties
Representations
Liability Limitation
Indemnification
Force Majeure
Assignment
Subcontracting
Audit Rights
Insurance
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Survival
Counterparts
License Scope
Usage Restrictions
Access Rights
User Obligations
Data Protection
Privacy Compliance
Intellectual Property
Confidentiality
Payment Terms
Service Levels
Technical Requirements
Security Requirements
Support and Maintenance
User Content
Acceptable Use
Term and Duration
Termination
Suspension Rights
Warranties
Representations
Liability Limitation
Indemnification
Force Majeure
Assignment
Subcontracting
Audit Rights
Insurance
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Survival
Counterparts
Relevant Industries
Technology
Software Development
E-commerce
Digital Services
Financial Services
Healthcare
Education
Media and Entertainment
Professional Services
Telecommunications
Cloud Services
Mobile Applications
Gaming
Enterprise Solutions
Relevant Teams
Legal
Compliance
Product Development
Information Technology
Operations
Risk Management
Commercial
Customer Success
Information Security
Privacy
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Chief Legal Officer
Product Manager
Chief Technology Officer
Compliance Officer
Risk Manager
Commercial Director
Operations Manager
Business Development Manager
IT Director
Privacy Officer
Contract Manager
General Counsel
Software License Manager
Head of Digital Services
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