The IT Outsourcing Service Level Agreement is essential for organizations looking to outsource their information technology functions to external service providers under Hong Kong law. This document type is particularly relevant in today's digital business environment, where companies increasingly rely on specialized IT service providers for their operational needs. The agreement encompasses critical elements such as service definitions, performance metrics, data protection provisions (compliant with Hong Kong's Personal Data (Privacy) Ordinance), security requirements, and governance frameworks. It is designed to protect both parties' interests while ensuring clear accountability and performance standards. The document is structured to comply with Hong Kong's legal requirements while incorporating international best practices in IT service management and outsourcing.
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1. Parties: Identification of service provider and customer, including registered addresses and company numbers
2. Background: Context of the agreement, brief description of the services being outsourced, and business objectives
3. Definitions: Detailed definitions of technical terms, service levels, and other key terms used throughout the agreement
4. Services: Comprehensive description of IT services to be provided, including scope and exclusions
5. Service Levels: Detailed service level requirements, measurement methodologies, and reporting requirements
6. Customer Obligations: Customer's responsibilities, including provision of access, information, and resources
7. Charges and Payment: Pricing structure, payment terms, and invoicing procedures
8. Data Protection and Security: Obligations regarding data handling, security measures, and compliance with Hong Kong privacy laws
9. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created materials
10. Governance and Change Management: Procedures for contract governance, change requests, and ongoing service management
11. Term and Termination: Contract duration, renewal terms, and termination rights and procedures
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Circumstances excusing performance and related procedures
14. Confidentiality: Obligations regarding confidential information and trade secrets
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Transition Services: Required when services are being transferred from another provider or internal team
2. Business Continuity and Disaster Recovery: Needed for critical services requiring specific recovery commitments
3. Staff and Key Personnel: Important when specific staff or roles are crucial to service delivery
4. Benchmarking: Include when market comparison of services and pricing is required
5. Step-in Rights: Necessary for critical services where customer may need to take control
6. Multi-supplier Provisions: Required when service provider must interact with other suppliers
7. Parent Company Guarantee: Include when financial backing from parent company is required
8. Anti-bribery and Modern Slavery: Important for compliance with international standards and group policies
1. Service Description: Detailed technical specifications of all services to be provided
2. Service Levels and Service Credits: Detailed metrics, measurement methods, and financial consequences of missed targets
3. Charges: Detailed pricing, including rate cards, volume discounts, and pricing mechanisms
4. Customer Dependencies: Detailed list of facilities, systems, and resources to be provided by customer
5. Security Requirements: Specific security standards, protocols, and compliance requirements
6. Business Continuity Plan: Detailed procedures for service continuity and disaster recovery
7. Governance Procedures: Detailed procedures for contract management, escalation, and reporting
8. Form of Change Order: Template for documenting and approving changes to services
9. Exit Plan: Procedures and requirements for service termination and transition
10. Data Processing Agreement: Detailed terms for personal data handling compliance with Hong Kong privacy laws
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