Management Services Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Management Services Agreement

"I need a Management Services Agreement for my Hong Kong-based IT consulting firm to provide technology infrastructure management services to a financial services company, with strict data protection provisions and compliance with HKMA regulations."

Document background
The Management Services Agreement is essential for businesses operating in Hong Kong that either provide or require professional management services. This document is commonly used when a company seeks to outsource management functions, obtain specialized expertise, or engage professional advisory services. It comprehensively addresses the service relationship, including detailed service descriptions, performance metrics, fee structures, and compliance requirements under Hong Kong law. The agreement is particularly important in ensuring clear delineation of responsibilities, protecting confidential information, and establishing professional service standards while maintaining compliance with Hong Kong's regulatory framework, including the Companies Ordinance and Personal Data (Privacy) Ordinance.
Suggested Sections

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

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the management services arrangement

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

4. Appointment and Scope of Services: Details of the service provider's appointment and comprehensive description of management services to be provided

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Fees and Payment Terms: Management fee structure, payment schedule, expenses, and invoicing procedures

7. Service Provider's Obligations: Detailed responsibilities and performance standards of the service provider

8. Client's Obligations: Client's responsibilities including provision of information, access, and support

9. Confidentiality: Protection and handling of confidential information from both parties

10. Intellectual Property Rights: Ownership and usage rights of IP created during service provision

11. Data Protection: Compliance with PDPO and data handling requirements

12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

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

14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when service provider may have access to sensitive business information

2. Insurance: Insurance requirements, included when specific coverage is needed for high-risk services

3. Key Personnel: Identification and obligations of key service provider staff, used when specific individuals are crucial to service delivery

4. Service Levels: Specific performance metrics and standards, included when quantifiable service levels are required

5. Audit Rights: Client's rights to audit service provider's performance and records, used in regulated industries or for critical services

6. Business Continuity: Disaster recovery and business continuity requirements, important for critical management services

7. Anti-Corruption: Compliance with anti-corruption laws, particularly important when dealing with public entities or regulated industries

8. Change Control: Procedures for changing service scope or terms, useful for long-term or complex service arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of management services to be provided

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Reports and Deliverables: List and format of required reports and deliverables

6. Schedule 6 - Client Policies: Relevant client policies that service provider must comply with

7. Appendix A - Form of Reports: Templates for required management and performance reports

8. Appendix B - Change Request Form: Standard form for requesting changes to services or terms

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Professional Services

Real Estate

Technology

Manufacturing

Retail

Healthcare

Hospitality

Education

Construction

Logistics

Energy

Relevant Teams

Legal

Operations

Finance

Procurement

Compliance

Risk Management

Commercial

Business Development

Executive Management

Corporate Services

Contract Management

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Managing Director

Operations Manager

Business Development Manager

Project Manager

Legal Counsel

Compliance Officer

Finance Director

Contract Manager

Procurement Manager

Risk Manager

Company Secretary

General Counsel

Commercial Director

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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