The IT Managed Services Contract is essential for organizations outsourcing their IT operations in Hong Kong's dynamic business environment. This document is typically used when a company wants to engage an external provider to manage their IT infrastructure, applications, security, and related services on an ongoing basis. The contract addresses crucial aspects such as service scope, performance standards, data protection (complying with Hong Kong's PDPO), security requirements, and risk allocation. It is specifically designed to align with Hong Kong's legal framework while providing comprehensive coverage of technical, operational, and commercial aspects of the managed services relationship. The agreement is particularly relevant given Hong Kong's position as a major business hub and its increasing focus on digital transformation and technology adoption.
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1. Parties: Identification of the service provider and customer, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of technical terms, service-related terminology, and other key concepts used throughout the agreement
4. Scope of Services: Comprehensive description of IT services to be provided, including core managed services and support levels
5. Service Provider's Obligations: Detailed responsibilities of the service provider, including service delivery, reporting, and compliance requirements
6. Customer's Obligations: Customer's responsibilities, including access provision, cooperation, and information sharing
7. Service Levels: Specific performance standards, metrics, and measurement methods
8. Charges and Payment: Fee structure, payment terms, expenses, and invoicing procedures
9. Data Protection and Security: Compliance with PDPO and security measures for protecting customer data
10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Contract duration, renewal terms, and termination provisions
13. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
14. Force Majeure: Provisions for handling events beyond reasonable control
15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Change Control: Procedures for requesting and implementing changes to services - include when significant service modifications are anticipated
2. Disaster Recovery: Specific disaster recovery and business continuity provisions - include for critical IT services
3. Staff and Key Personnel: Requirements for service provider's staff and key personnel - include when specific expertise or security clearance is required
4. Transition and Exit: Detailed transition in/out procedures - include for complex or business-critical services
5. Compliance with Customer Policies: Adherence to customer's specific policies - include when working within customer's premises or systems
6. Third-Party Contracts: Management of third-party suppliers and subcontractors - include when subcontracting is permitted
7. Innovation and Technology Refresh: Requirements for service modernization - include for long-term contracts
8. Environmental Compliance: Environmental standards and sustainability requirements - include when relevant to service delivery
1. Schedule 1 - Service Description: Detailed technical specifications of all services to be provided
2. Schedule 2 - Service Levels and KPIs: Comprehensive service level agreements, performance indicators, and measurement methodologies
3. Schedule 3 - Charges: Detailed pricing structure, rate cards, and payment milestones
4. Schedule 4 - Customer Dependencies: Specific customer-provided resources, facilities, and requirements
5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Schedule 6 - Business Continuity Plan: Disaster recovery procedures and business continuity requirements
7. Schedule 7 - Governance and Reporting: Service management procedures, meeting schedules, and reporting requirements
8. Schedule 8 - Form of Change Order: Template and process for implementing service changes
9. Appendix A - Technical Environment: Description of customer's technical environment and supported systems
10. Appendix B - Personnel: Key personnel, roles, and responsibilities
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Healthcare
Professional Services
Retail
Manufacturing
Education
Telecommunications
Government
Insurance
Banking
E-commerce
Relevant Teams
Information Technology
Legal
Procurement
Operations
Finance
Risk & Compliance
Information Security
Vendor Management
Service Delivery
Infrastructure & Operations
Digital Transformation
Enterprise Architecture
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Head of IT Operations
Procurement Manager
Legal Counsel
IT Service Delivery Manager
Chief Information Security Officer
Contract Manager
IT Infrastructure Manager
Risk Manager
Compliance Officer
Operations Director
Chief Financial Officer
IT Vendor Manager
Service Level Manager
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