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Operating Service Agreement for Hong Kong

Operating Service Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which one party (the Service Provider) agrees to provide specified operational services to another party (the Service Recipient). The document details service scope, performance standards, pricing, operational procedures, and compliance requirements while incorporating Hong Kong's legal framework, including data privacy regulations and business operation requirements. It serves as a master agreement for ongoing operational relationships, typically including detailed schedules for specific service requirements, KPIs, and operational procedures.

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Operating Service Agreement

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What is a Operating Service Agreement?

The Operating Service Agreement is a critical document used when establishing formal operational service relationships between businesses in Hong Kong. It is particularly relevant when one entity requires another to manage and execute specific operational functions on their behalf, whether in technology, facilities management, or business process outsourcing. The agreement comprehensively addresses service delivery standards, operational requirements, compliance with Hong Kong regulations, risk allocation, and commercial terms. It is designed to provide clear governance for long-term operational relationships while ensuring flexibility for service evolution. The document typically incorporates Hong Kong's specific legal requirements, including data privacy regulations, business registration requirements, and electronic transaction laws, making it suitable for both local and international businesses operating in the Hong Kong jurisdiction.

What sections should be included in a Operating Service Agreement?

1. Parties: Identification and details of the service provider and service recipient

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the operating services to be provided

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Service Provider Obligations: Key responsibilities and commitments of the service provider

7. Customer Obligations: Key responsibilities and commitments of the customer

8. Service Levels: Performance standards and metrics for service delivery

9. Fees and Payment: Pricing structure, payment terms, and invoicing procedures

10. Intellectual Property Rights: Ownership and usage rights of IP involved in service delivery

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: Compliance with PDPO and data handling requirements

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Termination: Conditions and procedures for agreement termination

15. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

16. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Operating Service Agreement?

1. Change Management: Procedures for implementing changes to services or requirements - include when services may evolve over time

2. Disaster Recovery: Business continuity and disaster recovery procedures - include for critical operations

3. Security Requirements: Specific security protocols and requirements - include for sensitive operations

4. Staff and Personnel: Requirements for service provider personnel - include when specific staffing requirements exist

5. Insurance: Insurance requirements and coverage - include for high-risk services

6. Audit Rights: Customer's rights to audit service provider - include for regulated industries

7. Environmental Compliance: Environmental standards and requirements - include for operations with environmental impact

8. Transition Services: Provisions for service transition at start and end - include for complex services

What schedules should be included in a Operating Service Agreement?

1. Schedule 1 - Service Specifications: Detailed technical and operational specifications of services

2. Schedule 2 - Service Levels and KPIs: Detailed service level requirements and key performance indicators

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

4. Schedule 4 - Contact Details: Key contacts and escalation procedures

5. Schedule 5 - Required Reports: List and templates of required operational reports

6. Schedule 6 - Operating Procedures: Detailed operating procedures and protocols

7. Appendix A - Form of Change Order: Template for documenting and approving changes

8. Appendix B - Security Protocols: Detailed security requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions



















































Clauses










































Relevant Industries

Information Technology

Financial Services

Manufacturing

Logistics and Supply Chain

Facilities Management

Business Process Outsourcing

Healthcare

Real Estate

Telecommunications

Professional Services

Retail Operations

Data Center Operations

Relevant Teams

Legal

Operations

Procurement

Compliance

Risk Management

Commercial

Finance

Information Technology

Facilities Management

Project Management

Vendor Management

Business Development

Service Delivery

Relevant Roles

Chief Operating Officer

Operations Director

Legal Counsel

Procurement Manager

Contract Manager

Operations Manager

Service Delivery Manager

Compliance Officer

Risk Manager

Commercial Director

Business Development Manager

Project Manager

Vendor Management Lead

Chief Technology Officer

Facilities Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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