The Managed Services Contract is designed for businesses operating under Hong Kong law who wish to outsource significant operational functions to specialized service providers. This document is particularly relevant when organizations seek to establish long-term service relationships with clear performance metrics, governance structures, and risk allocation mechanisms. The contract addresses key aspects of service delivery, including data protection requirements under Hong Kong's Personal Data (Privacy) Ordinance, service level commitments, pricing mechanisms, and transition provisions. It is specifically structured to comply with Hong Kong legal requirements while providing flexibility for various service types and industry-specific needs. The document becomes essential when businesses need to formalize complex service arrangements with detailed operational requirements, regulatory compliance measures, and clear accountability frameworks.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement, including brief description of the services and business relationship
3. Definitions: Defined terms used throughout the agreement, including technical and service-specific terminology
4. Services Scope: Detailed description of the services to be provided, including core obligations and deliverables
5. Term and Renewal: Duration of the agreement, including commencement date and renewal provisions
6. Service Provider Obligations: Key responsibilities and commitments of the service provider
7. Customer Obligations: Key responsibilities and commitments of the customer, including provision of access and information
8. Service Levels: Performance standards, measurement metrics, and reporting requirements
9. Charges and Payment: Pricing, payment terms, invoicing procedures, and any rate adjustment mechanisms
10. Governance and Change Control: Management structure, reporting lines, and procedures for implementing changes
11. Data Protection and Security: Obligations regarding data handling, security measures, and compliance requirements
12. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created materials
13. Confidentiality: Protection of confidential information and trade secrets
14. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
15. Force Majeure: Provisions for handling events beyond reasonable control
16. Termination: Grounds for termination, notice requirements, and consequences of termination
17. Exit and Migration: Procedures for service transition upon termination
18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Regulatory Compliance: Specific compliance obligations when services are subject to regulatory oversight
2. Staff and Key Personnel: Requirements for specific staff assignments and qualifications when key personnel are critical
3. Business Continuity and Disaster Recovery: Detailed continuity provisions when services are business-critical
4. Environmental Requirements: Environmental obligations when services have significant environmental impact
5. Insurance: Detailed insurance requirements when services carry significant risks
6. Parent Company Guarantee: Additional financial security when dealing with subsidiary companies
7. Anti-Bribery and Corruption: Specific provisions when dealing with government contracts or high-risk jurisdictions
8. Subcontracting: Controls on subcontracting when service provider may need to engage third parties
1. Service Description: Detailed technical and operational specifications of the services
2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Pricing and Charging Model: Detailed pricing structure, rates, and calculation methodologies
4. Customer Dependencies: Detailed list of customer-provided items, facilities, and support
5. Transition Plan: Detailed implementation and service transition procedures
6. Security Requirements: Detailed security protocols, standards, and compliance requirements
7. Business Continuity Plan: Detailed procedures for maintaining service continuity
8. Exit Plan: Detailed procedures for service transition upon termination
9. Approved Subcontractors: List of pre-approved subcontractors and their scope of work
10. Form of Change Order: Template for documenting and approving changes to services
11. Key Personnel: Details of key staff members and their roles
12. Required Insurance: Detailed insurance types, coverage levels, and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Telecommunications
Manufacturing
Professional Services
Real Estate
Retail
Energy
Transportation and Logistics
Education
Government and Public Sector
Relevant Teams
Legal
Procurement
Information Technology
Operations
Finance
Risk and Compliance
Commercial
Service Delivery
Project Management
Vendor Management
Business Operations
Strategy
Relevant Roles
Chief Information Officer
Chief Technology Officer
Head of Procurement
Legal Counsel
Procurement Manager
Contract Manager
Operations Director
IT Director
Service Delivery Manager
Risk Manager
Compliance Officer
Commercial Director
Chief Financial Officer
Vendor Manager
Project Manager
Business Unit Head
Chief Operations Officer
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