The Network Access Agreement is a critical document used when a network infrastructure provider grants access to its network to another party in Hong Kong. This agreement is essential for telecommunications companies, internet service providers, and enterprises requiring network infrastructure access. It must comply with Hong Kong's regulatory framework, including the Telecommunications Ordinance (Cap. 106) and Personal Data (Privacy) Ordinance (Cap. 486). The document typically includes detailed technical specifications, service levels, security protocols, operational procedures, and pricing structures. It's particularly important in scenarios involving shared infrastructure, data center access, or telecommunications service provision.
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1. Parties: Identification of the network provider and the accessing party, including registration details and addresses
2. Background: Context of the agreement, including the network provider's authority to grant access and the accessing party's intended use
3. Definitions and Interpretation: Detailed definitions of technical terms, services, and interpretation rules
4. Grant of Access: Scope and nature of network access being granted, including any territorial or usage limitations
5. Technical Requirements: Technical specifications and standards for network access and interconnection
6. Service Levels: Performance standards, availability commitments, and quality metrics
7. Security Requirements: Security protocols, access controls, and cybersecurity measures
8. Operational Procedures: Day-to-day operational procedures, maintenance windows, and change management processes
9. Charges and Payment: Pricing structure, payment terms, and billing procedures
10. Data Protection and Privacy: Compliance with PDPO and data handling requirements
11. Intellectual Property: IP rights, licensing, and usage restrictions
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
14. Term and Termination: Duration, renewal options, and termination rights
15. Force Majeure: Events excusing performance and related procedures
16. Governing Law and Jurisdiction: Hong Kong law governance and jurisdiction provisions
17. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Emergency Access: Additional provisions for emergency service providers requiring priority access
2. Regulatory Compliance: Specific section for regulated entities requiring additional compliance provisions
3. Infrastructure Sharing: Provisions for shared physical infrastructure when applicable
4. Resale Rights: Terms for reselling network access if permitted
5. Interconnection: Specific provisions for interconnection with other networks if relevant
6. Quality of Service Rebates: Additional service credit scheme for premium service levels
7. Network Upgrade Procedures: Specific procedures for handling major network upgrades
8. Disaster Recovery: Enhanced disaster recovery and business continuity provisions
1. Technical Specifications: Detailed technical requirements and standards for network access
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing structure, including any volume discounts or special rates
4. Security Protocols: Detailed security requirements and procedures
5. Operational Procedures Manual: Detailed operational procedures and contact information
6. Acceptable Use Policy: Network usage rules and restrictions
7. Emergency Contacts: List of emergency contacts and escalation procedures
8. Change Control Procedure: Detailed process for implementing changes to services or infrastructure
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