This Flat Rate Agreement template is specifically designed for use in Hong Kong's business environment, providing a structured framework for fixed-price service arrangements. It is particularly suitable for situations where parties wish to agree on a predetermined price for a well-defined scope of services, eliminating the complexity of variable pricing models. The document incorporates essential elements required under Hong Kong's common law system and relevant ordinances, including the Control of Exemption Clauses Ordinance and Supply of Services (Implied Terms) Ordinance. It is commonly used in professional services, consulting, and project-based work where certainty of pricing is crucial for both parties. The agreement includes comprehensive provisions for service standards, payment terms, intellectual property rights, and risk allocation, while maintaining flexibility through optional clauses and schedules that can be tailored to specific business needs.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided under the flat rate arrangement
5. Flat Rate Payment Terms: Specified fixed price, payment schedule, and invoicing requirements
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Service Standards: Quality standards and performance metrics for service delivery
10. Intellectual Property Rights: Ownership and usage rights of any IP created or used
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Handling of events beyond reasonable control
14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Data Protection: Required if personal data processing is involved in service delivery
2. Change Control: Include if service scope modifications might be needed during the term
3. Service Credits: Include if specific service levels with penalties are required
4. Insurance: Include if specific insurance requirements are needed for the services
5. Anti-Corruption: Include for high-value contracts or government-related services
6. Business Continuity: Include for critical services requiring disaster recovery plans
7. Audit Rights: Include if client requires right to audit service delivery or compliance
8. Exit Management: Include for complex services requiring transition planning
1. Schedule 1 - Service Description: Detailed specifications of services covered under the flat rate
2. Schedule 2 - Fee Schedule: Breakdown of the flat rate fee and payment milestones
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Required Documents: List of documents/deliverables to be provided
6. Appendix A - Change Request Form: Template for requesting changes to service scope
7. Appendix B - Service Report Template: Standard format for service delivery reporting
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Consulting
Construction
Financial Services
Legal Services
Marketing and Advertising
Engineering
Project Management
Business Process Outsourcing
Healthcare
Education and Training
Facilities Management
Real Estate Services
Creative Industries
Relevant Teams
Legal
Procurement
Operations
Finance
Risk and Compliance
Commercial
Business Development
Contract Management
Project Management
Service Delivery
Account Management
Sales
Relevant Roles
Contract Manager
Legal Counsel
Procurement Manager
Project Manager
Business Development Manager
Operations Director
Commercial Director
Chief Financial Officer
Risk Manager
Compliance Officer
Service Delivery Manager
Account Manager
Sales Director
General Counsel
Managing Director
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