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Customer Service Agreement for Hong Kong

Customer Service Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which a service provider will deliver specified customer services to a customer. The document incorporates key provisions required under Hong Kong legislation, including compliance with the Personal Data (Privacy) Ordinance, Trade Descriptions Ordinance, and Control of Exemption Clauses Ordinance. It details service levels, performance standards, payment terms, and dispute resolution mechanisms while ensuring protection of both parties' interests in accordance with Hong Kong's commercial law framework.

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What is a Customer Service Agreement?

The Customer Service Agreement serves as a foundational document for businesses operating in Hong Kong that provide customer service functions to their clients. This agreement is essential when establishing a formal service relationship, whether for outsourced customer support, help desk services, or integrated customer service solutions. It comprehensively addresses key aspects such as service scope, performance metrics, data protection (particularly under Hong Kong's PDPO), and risk allocation between parties. The agreement is designed to comply with Hong Kong's legal framework while providing flexibility to accommodate various service models and industry-specific requirements. It is particularly relevant in today's digital economy where customer service functions often involve multiple channels and complex data handling requirements.

What sections should be included in a Customer Service Agreement?

1. Parties: Identification of the service provider and customer, including full legal names and addresses

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided, including service levels and standards

5. Service Provider Obligations: Key responsibilities and commitments of the service provider

6. Customer Obligations: Customer's responsibilities and requirements for service delivery

7. Fees and Payment: Pricing structure, payment terms, and billing procedures

8. Term and Termination: Duration of the agreement and conditions for termination

9. Data Protection and Privacy: Compliance with PDPO and data handling procedures

10. Confidentiality: Protection of confidential information shared between parties

11. Liability and Indemnification: Limitations of liability and indemnification obligations

12. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

13. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Customer Service Agreement?

1. Service Level Agreement (SLA): Detailed performance metrics and service levels, used when specific performance standards need to be measured

2. Intellectual Property Rights: IP ownership and licensing terms, included when services involve creation or use of intellectual property

3. Insurance: Insurance requirements and coverage details, relevant for high-risk services

4. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries

5. Business Continuity: Disaster recovery and business continuity provisions, crucial for essential services

6. Staff and Subcontractors: Terms regarding service provider personnel and subcontracting rights, relevant when service delivery involves third parties

7. Change Management: Procedures for implementing changes to services, important for long-term or complex service arrangements

8. Audit Rights: Customer's right to audit service provider's performance, included for critical services or regulatory requirements

What schedules should be included in a Customer Service Agreement?

1. Schedule 1 - Service Specifications: Detailed technical specifications and service descriptions

2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms

3. Schedule 3 - Service Levels and KPIs: Specific performance metrics, measurement methods, and remedies

4. Schedule 4 - Data Processing Agreement: Detailed data handling procedures and PDPO compliance requirements

5. Schedule 5 - Contact Details: Key contacts and escalation procedures

6. Schedule 6 - Change Request Form: Template for requesting and documenting service changes

7. Appendix A - Service Location(s): List of locations where services will be provided

8. Appendix B - Required Documentation: List of documents required for service delivery and compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions

















































Clauses








































Relevant Industries

Retail

Technology

Telecommunications

Financial Services

Professional Services

Healthcare

Hospitality

E-commerce

Manufacturing

Logistics

Education

Real Estate

Relevant Teams

Legal

Operations

Customer Service

Compliance

Risk Management

Commercial

Procurement

Business Development

Account Management

Data Protection

Quality Assurance

Relevant Roles

Chief Operating Officer

Customer Service Director

Head of Legal

Compliance Officer

Operations Manager

Customer Experience Manager

Service Delivery Manager

Contract Manager

Business Development Director

Risk Manager

Data Protection Officer

Commercial Director

Account Manager

Legal Counsel

Procurement Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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