The Supply Of Services Agreement is a fundamental commercial contract used when one party wishes to engage another for the provision of specific services in Hong Kong. This document is essential for businesses operating in Hong Kong's dynamic commercial environment, whether they are local companies or international firms. The agreement should be used whenever there is a need to formally document a service arrangement, establishing clear expectations, responsibilities, and commercial terms between the parties. It incorporates key provisions required under Hong Kong law, including compliance with the Personal Data (Privacy) Ordinance and consideration of the Supply of Services (Implied Terms) Ordinance. The document typically includes detailed service specifications, performance standards, payment terms, and risk allocation provisions, while remaining flexible enough to accommodate various types of service arrangements.
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1. Parties: Identifies and provides full legal details of the service provider and customer
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the service provider
6. Customer's Obligations: Key responsibilities and commitments of the customer
7. Fees and Payment: Payment terms, fee structure, and invoicing arrangements
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance
12. Liability and Indemnities: Allocation of risks and limitations of liability
13. Force Majeure: Handling of events beyond parties' reasonable control
14. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Service Levels: Specific performance metrics and standards, used when quantifiable service levels are required
2. Change Control: Process for managing changes to services, included for complex or long-term service arrangements
3. Compliance with Laws: Specific regulatory compliance requirements, needed for regulated industries
4. Insurance: Insurance requirements, important for high-risk services
5. Staff and Subcontractors: Rules regarding personnel and subcontracting, needed when service delivery involves multiple parties
6. Non-Competition: Restrictions on competitive activities, used when sharing sensitive business information
7. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
8. Exit Management: Transition arrangements at contract end, important for complex service relationships
1. Schedule 1 - Services Description: Detailed technical specifications of the services
2. Schedule 2 - Charges and Payment: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed performance metrics and measurement methods
4. Schedule 4 - Customer Materials: List of materials/resources to be provided by the customer
5. Schedule 5 - Key Personnel: Details of key staff assigned to provide the services
6. Schedule 6 - Processing of Personal Data: Details of personal data handling and protection measures
7. Schedule 7 - Form of Change Order: Template for documenting agreed changes to services
8. Appendix A - Required Insurance Coverage: Specific insurance types and coverage levels required
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Consulting
Financial Services
Healthcare
Education
Manufacturing
Logistics
Real Estate
Marketing and Advertising
Facilities Management
Business Process Outsourcing
Legal Services
Engineering
Construction
Telecommunications
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Business Development
Risk and Compliance
Service Delivery
Account Management
Project Management
Supply Chain
Vendor Management
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Commercial Director
Chief Financial Officer
Project Manager
Business Development Manager
Risk Manager
Compliance Officer
Service Delivery Manager
Account Manager
Department Head
General Manager
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