The Service Delivery Agreement is essential for businesses operating in Hong Kong that engage external service providers for various professional services. This document is particularly crucial in today's business environment where companies increasingly rely on specialized service providers for efficiency and expertise. The agreement establishes a clear framework for service delivery, incorporating Hong Kong's legal requirements and business practices. It typically includes detailed service specifications, performance metrics, payment structures, and risk allocation mechanisms. The Service Delivery Agreement is designed to protect both parties' interests while ensuring compliance with Hong Kong regulations, including data protection and electronic transaction laws. It's particularly valuable for long-term service arrangements or complex service delivery scenarios where clear terms and performance standards are critical for success.
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1. Parties: Identifies and provides full details of the contracting parties - the service provider and the client
2. Background: Sets out the context and commercial purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Services: Detailed description of the services to be provided, including scope and deliverables
5. Term and Commencement: Specifies the duration of the agreement and when services will begin
6. Fees and Payment: Details the fee structure, payment terms, expenses, and invoicing procedures
7. Service Provider's Obligations: Lists the key obligations and responsibilities of the service provider
8. Client's Obligations: Specifies the client's responsibilities and obligations to enable service delivery
9. Performance Standards: Defines the expected quality levels and performance metrics for the services
10. Intellectual Property Rights: Addresses ownership and usage rights of any IP created or used during service delivery
11. Confidentiality: Protects confidential information shared during the service relationship
12. Data Protection: Ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance
13. Liability and Indemnities: Sets out the liability framework and any indemnification obligations
14. Termination: Specifies circumstances and procedures for ending the agreement
15. Force Majeure: Addresses unforeseen circumstances preventing performance
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Change Control: Procedures for managing changes to services or terms - relevant for complex or long-term arrangements
2. Service Credits: Financial mechanisms for service level failures - useful for critical service arrangements
3. Business Continuity: Disaster recovery and business continuity requirements - important for essential services
4. Audit Rights: Client's rights to audit service provider - relevant for regulated industries or critical services
5. Insurance: Specific insurance requirements - important for high-risk services
6. Anti-Bribery and Corruption: Compliance with anti-corruption laws - particularly relevant for government or regulated clients
7. Sub-contracting: Terms governing use of subcontractors - relevant if subcontracting is permitted
8. Staff and Key Personnel: Requirements for service provider's personnel - important if specific expertise is crucial
9. Non-Competition: Restrictions on competitive activities - relevant for sensitive or specialized services
10. Transition and Exit: Procedures for service transfer or termination - important for complex or critical services
1. Service Description: Detailed specifications of services, methodologies, and deliverables
2. Service Levels: Specific performance metrics, measurement methods, and remedies
3. Charges: Detailed fee structure, rates, and payment terms
4. Key Personnel: Details of key staff members and their roles
5. Technical Requirements: Technical specifications and requirements for service delivery
6. Security Requirements: Information security and data protection requirements
7. Form of Reports: Templates and requirements for service reporting
8. Change Control Procedure: Detailed process for managing changes to services
9. Business Continuity Plan: Detailed procedures for service continuity and disaster recovery
10. Exit Plan: Detailed procedures for service transition upon termination
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Telecommunications
Business Process Outsourcing
Consulting
Facilities Management
Software Development
Marketing and Advertising
Engineering Services
Legal Services
Educational Services
Real Estate Services
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Risk and Compliance
Project Management
Service Delivery
Account Management
Quality Assurance
Technical Operations
Business Development
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Procurement Manager
Legal Counsel
Contract Manager
Operations Director
Service Delivery Manager
Account Manager
Project Manager
Risk Manager
Compliance Officer
Finance Director
Commercial Director
Business Development Manager
Technical Director
Quality Assurance Manager
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