The Business Agreement Form is a foundational legal document designed for use in Hong Kong's dynamic business environment. It serves as a comprehensive template for establishing formal business relationships between various entities operating under Hong Kong jurisdiction. This document is particularly valuable when parties need to formalize their business arrangements, whether for service provision, supply relationships, or other commercial partnerships. The agreement incorporates key requirements from Hong Kong's legal framework, including the Contracts Ordinance (Cap. 26) and other relevant commercial legislation. It is structured to accommodate both simple and complex business arrangements, with optional sections that can be tailored to specific business needs while maintaining compliance with Hong Kong's legal requirements.
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1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Sets out the context and commercial intent behind the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Scope of Agreement: Outlines the fundamental business arrangement and key obligations of each party
5. Term and Commencement: Specifies when the agreement begins and its duration
6. Financial Terms: Details pricing, payment terms, invoicing procedures, and any financial obligations
7. Obligations and Responsibilities: Lists specific duties and responsibilities of each party
8. Representations and Warranties: States the legal promises and assertions made by each party
9. Confidentiality: Establishes obligations regarding confidential information
10. Intellectual Property: Addresses ownership and usage rights of intellectual property
11. Termination: Specifies how and when the agreement can be terminated
12. Consequences of Termination: Outlines what happens after termination
13. Liability and Indemnification: Sets out liability limitations and indemnification obligations
14. Force Majeure: Addresses unforeseeable circumstances preventing performance
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
16. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and assignment
1. Data Protection: Required when personal data processing is involved, ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance
2. Service Levels: Include when specific performance metrics need to be maintained
3. Insurance: Required when specific insurance coverage needs to be maintained by either party
4. Compliance with Laws: Include when specific regulatory compliance obligations need to be highlighted
5. Anti-Corruption: Important for international business dealings or government-related contracts
6. Change Control: Include when the agreement may need formal procedures for making changes to services or deliverables
7. Dispute Resolution: Optional detailed procedures for resolving disputes before litigation, including mediation or arbitration
8. Staff and Subcontractors: Include when either party will use subcontractors or deploy staff to the other's premises
9. Business Continuity: Important for critical business services or long-term partnerships
1. Schedule 1 - Services Description: Detailed description of services or products being provided
2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of pricing, payment schedules, and calculation methods
3. Schedule 3 - Service Levels and KPIs: Specific metrics and performance standards if applicable
4. Schedule 4 - Contact Details and Notice Requirements: Key contact information and communication protocols
5. Schedule 5 - Data Processing Requirements: Specific requirements for handling personal data if applicable
6. Appendix A - Form of Change Order: Template for documenting agreed changes to the services or agreement
7. Appendix B - Technical Specifications: Detailed technical requirements or specifications
8. Appendix C - Required Insurance Coverage: Specific insurance requirements and minimum coverage levels
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