The Customer Agreement serves as the foundational document for establishing and managing customer relationships in Hong Kong. It is essential for any business providing goods or services to customers, whether they are individuals or other businesses. This document is specifically designed to comply with Hong Kong's legal framework, including the Contract Ordinance, Control of Exemption Clauses Ordinance, and Personal Data (Privacy) Ordinance. The Customer Agreement typically covers crucial aspects such as service specifications, payment terms, liability limitations, data protection, and dispute resolution mechanisms. It is particularly important for businesses seeking to establish clear, enforceable terms while maintaining compliance with Hong Kong's consumer protection and contract laws. The agreement can be customized for various industries while maintaining its core legal requirements and protections.
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1. Parties: Identifies and provides full details of the contracting parties - the business provider and the customer
2. Background: Sets out the context of the agreement and the general nature of the business relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Services: Detailed description of the services to be provided to the customer
5. Payment Terms: Specifies prices, payment methods, payment schedules, and handling of late payments
6. Customer Obligations: Outlines the customer's responsibilities and obligations under the agreement
7. Provider Obligations: Details the provider's commitments, service standards, and responsibilities
8. Data Protection and Privacy: Addresses handling of personal data in compliance with the Personal Data (Privacy) Ordinance
9. Intellectual Property: Covers ownership and usage rights of intellectual property
10. Confidentiality: Specifies confidentiality obligations for both parties
11. Term and Termination: Details the agreement duration, renewal processes, and termination provisions
12. Liability and Indemnities: Sets out liability limitations and indemnification obligations
13. Force Majeure: Addresses unforeseeable circumstances preventing contract fulfillment
14. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
15. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and entire agreement
1. Service Level Agreement: Include when specific service levels and performance metrics need to be guaranteed
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Compliance with Laws: Include when specific regulatory compliance obligations need to be highlighted
4. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with sensitive industries
5. Change Control: Include when services or terms may need systematic modification during the agreement term
6. Audit Rights: Include when provider needs right to audit customer's use of services
7. Business Continuity: Include for critical services requiring disaster recovery planning
8. Environmental Requirements: Include when environmental compliance or sustainability commitments are relevant
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Charges and Payment Terms: Detailed pricing structure, payment schedules, and calculation methods
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Personal Data Processing: Details of personal data handling procedures and compliance measures
5. Schedule 5 - Contact Details: Key contacts and notice details for both parties
6. Appendix A - Acceptable Use Policy: Rules and guidelines for appropriate use of services
7. Appendix B - Technical Requirements: Customer system requirements and technical specifications
8. Appendix C - Change Request Form: Standard form for requesting changes to services or terms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Financial Services
Professional Services
E-commerce
Healthcare
Education
Telecommunications
Manufacturing
Hospitality
Consulting
Software and IT
Real Estate
Consumer Goods
Media and Entertainment
Relevant Teams
Legal
Commercial
Sales
Customer Service
Compliance
Operations
Risk Management
Business Development
Account Management
Product Management
Executive Leadership
Relevant Roles
Legal Counsel
Commercial Director
Business Development Manager
Sales Manager
Customer Service Manager
Compliance Officer
Operations Manager
Contract Administrator
Risk Manager
Chief Legal Officer
Chief Commercial Officer
Account Manager
Product Manager
General Manager
Managing Director
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