The Service Use Agreement serves as a fundamental legal document for businesses providing services in Hong Kong, whether digital, professional, or technical in nature. This agreement is essential when establishing a formal relationship between service providers and their users, covering crucial aspects such as service delivery, payment terms, user obligations, and liability limitations. It must comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance, Electronic Transactions Ordinance, and relevant consumer protection laws. The document is particularly important in today's digital economy where services are increasingly provided online or through digital platforms. It helps mitigate risks, set clear expectations, and provide legal protection for all parties involved while ensuring regulatory compliance in the Hong Kong jurisdiction.
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1. Parties: Identification of the service provider and user, including full legal names and addresses
2. Background: Context of the agreement and brief description of the service offering
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of services to be provided, including scope and limitations
5. User Obligations: User's responsibilities, acceptable use policies, and compliance requirements
6. Service Provider Obligations: Provider's commitments, service levels, and support provisions
7. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods
8. Term and Termination: Duration of agreement, renewal terms, and termination conditions
9. Intellectual Property Rights: Ownership and usage rights of intellectual property
10. Data Protection and Privacy: Compliance with PDPO and data handling procedures
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and warranty disclaimers
13. Force Majeure: Circumstances excusing performance of obligations
14. Governing Law and Jurisdiction: Application of Hong Kong law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Service Level Agreement (SLA): Include when specific performance metrics and service levels need to be guaranteed
2. Security Requirements: Add for services involving sensitive data or requiring specific security measures
3. Audit Rights: Include when compliance monitoring or performance verification is necessary
4. Insurance: Add when specific insurance coverage requirements exist
5. Third-Party Services: Include when the service incorporates or depends on third-party services
6. User Content: Add when users can upload, store, or share content through the service
7. API Terms: Include when providing API access or integration capabilities
8. Disaster Recovery: Add for critical services requiring business continuity provisions
1. Schedule 1 - Service Specifications: Detailed technical specifications and service parameters
2. Schedule 2 - Fee Schedule: Detailed pricing structure, including all fees and charges
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and remedies
4. Schedule 4 - Support Services: Details of support services, including contact methods and hours
5. Schedule 5 - Data Processing Agreement: Detailed data handling procedures and compliance requirements
6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Appendix A - Technical Requirements: Minimum technical requirements for service use
8. Appendix B - Contact Information: Key contacts for both parties for various purposes
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