The Managed Service Provider Agreement is essential for organizations in Hong Kong seeking to outsource their IT operations, infrastructure management, or specific technical services to a specialized provider. This agreement type is particularly relevant in Hong Kong's dynamic business environment, where companies increasingly rely on external expertise for technology services. The document addresses key aspects required under Hong Kong law, including data privacy compliance, electronic transactions, and intellectual property protection. It provides comprehensive coverage of service levels, performance standards, security requirements, and risk allocation, while ensuring compliance with Hong Kong's regulatory framework and common law system. The agreement is structured to protect both parties' interests while facilitating efficient service delivery and relationship management.
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1. Parties: Identification of the MSP and the client, including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of technical terms, service-related concepts, and contract terminology
4. Scope of Services: Overview of the managed services to be provided and general service obligations
5. Service Levels: Key performance indicators, service availability, and response time commitments
6. MSP Responsibilities: Detailed obligations of the service provider including reporting, maintenance, and support
7. Client Responsibilities: Client's obligations including access provision, cooperation, and resource availability
8. Fees and Payment: Pricing structure, payment terms, expenses, and invoicing procedures
9. Data Protection and Security: Compliance with PDPO and security standards, data handling procedures
10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
14. Force Majeure: Events excusing performance and related procedures
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Change Management: Procedures for requesting and implementing changes to services or specifications - include when services are likely to evolve
2. Disaster Recovery: Disaster recovery and business continuity procedures - include for critical service provision
3. Staff and Key Personnel: Requirements for service delivery team and key personnel - include when specific expertise is crucial
4. Third-Party Contractors: Rules for subcontracting and managing third-party providers - include when subcontractors will be used
5. Asset Management: Provisions for managing client hardware/software assets - include for infrastructure management services
6. Transition Services: Procedures for service transition in and out - include for complex service arrangements
7. Compliance and Audit Rights: Detailed compliance obligations and audit procedures - include for regulated industries
8. Service Credits: Financial consequences for missing service levels - include for high-value or critical services
1. Schedule 1 - Service Description: Detailed technical specifications of all services to be provided
2. Schedule 2 - Service Levels: Detailed SLA metrics, measurement methods, and reporting requirements
3. Schedule 3 - Pricing and Payment: Detailed fee structure, rate cards, and payment milestones
4. Schedule 4 - Security Requirements: Specific security protocols, standards, and compliance requirements
5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation
6. Schedule 6 - Approved Subcontractors: List of pre-approved third-party contractors and their roles
7. Schedule 7 - Technical Infrastructure: Details of technical infrastructure and system requirements
8. Schedule 8 - Data Processing Agreement: Specific terms for personal data handling and processing
9. Schedule 9 - Exit Plan: Detailed procedures for service termination and transition
10. Appendix A - Incident Response Procedures: Step-by-step procedures for handling service incidents
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