The Agreement For Website Development And Hosting is essential for businesses in Hong Kong seeking to establish their online presence through professional web development and hosting services. This document is typically used when a company engages a service provider to both develop and host their website, combining these related services under a single agreement. It addresses key aspects required under Hong Kong law, including compliance with the Electronic Transactions Ordinance and Personal Data (Privacy) Ordinance. The agreement covers critical elements such as development methodology, hosting specifications, service level commitments, intellectual property rights, data security measures, and disaster recovery procedures. It's particularly important in the Hong Kong business environment where digital presence is crucial for commercial success and where specific local legal requirements must be met for electronic transactions and data protection.
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1. Parties: Identification of the developer/hosting provider and the client
2. Background: Context of the agreement and general objectives
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of website development and hosting services to be provided
5. Project Timeline and Milestones: Development phases, delivery dates, and acceptance criteria
6. Development Process: Website development methodology, approval processes, and change management
7. Hosting Services: Specifications of hosting services, including server requirements and maintenance
8. Service Level Agreement: Performance metrics, uptime guarantees, and response times
9. Client Obligations: Client's responsibilities, including provision of content and approvals
10. Fees and Payment: Price, payment schedule, and additional costs
11. Intellectual Property Rights: Ownership of website content, code, and related materials
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: Compliance with privacy laws and data security measures
14. Warranties and Indemnities: Service quality guarantees and liability provisions
15. Term and Termination: Duration, renewal, and termination conditions
16. Post-Termination: Handover process and ongoing obligations after termination
17. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. E-commerce Functions: Additional terms for online payment processing and transaction handling
2. Third-Party Integrations: Terms regarding integration with third-party software or services
3. Domain Name Management: Terms for domain registration and management if provided by developer
4. Search Engine Optimization: Terms for SEO services if included in the scope
5. Content Management: Terms for ongoing content updates and management if provided
6. Training and Support: Terms for user training and technical support services
7. Disaster Recovery: Specific provisions for backup and recovery procedures
8. Security Testing: Terms for periodic security assessments and penetration testing
1. Schedule 1 - Technical Specifications: Detailed technical requirements and functionality specifications
2. Schedule 2 - Website Design: Design mockups, wireframes, and brand guidelines
3. Schedule 3 - Service Level Metrics: Detailed performance indicators and measurement methods
4. Schedule 4 - Fee Schedule: Detailed breakdown of costs and payment milestones
5. Schedule 5 - Hosting Infrastructure: Technical specifications of hosting environment
6. Schedule 6 - Acceptance Testing: Testing procedures and acceptance criteria
7. Schedule 7 - Support Services: Details of maintenance and support services
8. Appendix A - Change Request Form: Template for requesting and approving changes
9. Appendix B - Security Policies: Information security policies and procedures
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