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Master Service Agreement And Statement Of Work

Master Service Agreement And Statement Of Work Template for Hong Kong

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Key Requirements PROMPT example:

Master Service Agreement And Statement Of Work

"I need a Master Service Agreement and Statement of Work to engage a Hong Kong-based IT service provider for cloud infrastructure management and support services, with the agreement starting in March 2025 and including provisions for data privacy compliance and service level commitments for our APAC operations."

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Document background
This Master Service Agreement And Statement of Work template is designed for use in commercial relationships where one party provides ongoing services to another under Hong Kong law. It provides a flexible framework that establishes the general terms governing the relationship while allowing specific services to be defined through individual Statements of Work. This approach is particularly useful for long-term service relationships where the scope, nature, or volume of services may evolve over time. The document ensures compliance with Hong Kong legal requirements while incorporating international best practices for service agreements. It includes comprehensive provisions for service delivery, performance standards, intellectual property rights, data protection, and risk allocation, making it suitable for both straightforward and complex service arrangements across various industries.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names and registered addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Term and Renewal: Duration of the agreement and renewal provisions

5. Services Framework: Overview of how services will be engaged through Statements of Work

6. Statement of Work Process: Process for proposing, accepting, and amending SOWs

7. Service Provider's Obligations: Key obligations, service standards, and performance requirements

8. Client's Obligations: Client responsibilities, cooperation requirements, and dependencies

9. Fees and Payment Terms: Pricing structure, payment terms, invoicing, and expenses

10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and deliverables

11. Confidentiality: Protection and handling of confidential information

12. Data Protection and Privacy: Compliance with privacy laws and data handling requirements

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. Termination: Termination rights, process, and consequences

15. Post-Termination Obligations: Obligations surviving termination and transition assistance

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Change Control: Formal process for managing changes to services or agreement terms. Include when dealing with complex or long-term services

2. Service Levels: Detailed service level requirements and remedies. Include when specific performance metrics are crucial

3. Business Continuity and Disaster Recovery: Requirements for service continuity and recovery. Include for critical services or regulated industries

4. Security Requirements: Specific security protocols and requirements. Include when handling sensitive data or systems

5. Compliance and Audit Rights: Rights to audit and compliance requirements. Include in regulated industries or for critical services

6. Personnel Requirements: Specific requirements for service provider's personnel. Include when services are personnel-dependent

7. Non-Competition: Restrictions on competitive activities. Include when sharing sensitive market information or strategic services

8. Parent Company Guarantee: Guarantee from service provider's parent company. Include when provider's financial strength is crucial

9. Force Majeure: Handling of events beyond parties' control. Include based on risk assessment and industry practice

Suggested Schedules

1. Template Statement of Work: Standard template for creating project-specific SOWs

2. Pricing and Rate Card: Detailed pricing structure, rates, and charging models

3. Service Levels and KPIs: Detailed service level agreements, metrics, and measurement methods

4. Data Processing Agreement: Detailed terms for personal data processing and protection

5. Security Requirements: Detailed security protocols, standards, and compliance requirements

6. Approved Subcontractors: List of pre-approved subcontractors and their scope

7. Technical Requirements: Detailed technical specifications and requirements

8. Business Continuity Plan: Detailed business continuity and disaster recovery procedures

9. Change Control Procedure: Detailed process for managing and implementing changes

10. Transition Plan: Framework for service transition in and out

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Clauses
Interpretation
Appointment
Term and Renewal
Services Framework
Statements of Work
Service Standards
Service Provider Obligations
Client Obligations
Key Personnel
Subcontracting
Change Control
Acceptance Testing
Service Levels
Charges and Payment
Invoicing
Tax
Intellectual Property Rights
Data Protection
Confidentiality
Security
Audit Rights
Records and Reports
Warranties
Anti-Bribery
Insurance
Liability
Indemnification
Force Majeure
Business Continuity
Termination
Exit Management
Assignment and Novation
Variation
Waiver
Severability
Entire Agreement
Third Party Rights
Notices
Governing Law
Dispute Resolution
Relevant Industries

Information Technology

Professional Services

Management Consulting

Financial Services

Healthcare

Manufacturing

Telecommunications

Business Process Outsourcing

Engineering Services

Marketing and Advertising

Research and Development

Facilities Management

Software Development

Cloud Services

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Commercial

Business Development

Project Management

Service Delivery

Technical Services

Account Management

Senior Management

Information Technology

Human Resources

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

General Counsel

Legal Director

Commercial Director

Procurement Manager

Contract Manager

Project Manager

Operations Director

Risk Manager

Compliance Officer

Business Development Manager

Account Manager

Service Delivery Manager

Technical Director

Finance Manager

Legal Counsel

Department Head

Program Manager

Industries
Contract and Rights of Third Parties Ordinance (Cap. 623): Governs the rights of third parties in contractual relationships and their ability to enforce terms of a contract. Essential for MSAs where subcontractors or affiliated companies might be involved.
Electronic Transactions Ordinance (Cap. 553): Provides legal framework for electronic contracts and signatures, crucial for modern business agreements and digital execution of documents.
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of personal data. Relevant for service agreements involving data processing or transfer.
Copyright Ordinance (Cap. 528): Protects intellectual property rights, crucial for defining ownership of deliverables and pre-existing materials in service agreements.
Employment Ordinance (Cap. 57): May be relevant if the services involve deployment of personnel, to ensure compliance with employment laws and distinguish between contractors and employees.
Control of Exemption Clauses Ordinance (Cap. 71): Regulates the use of exemption clauses in contracts, important for limitation of liability and indemnification provisions.
Arbitration Ordinance (Cap. 609): Provides framework for arbitration as a dispute resolution method, commonly included in international service agreements.
Supply of Services (Implied Terms) Ordinance (Cap. 457): Establishes implied terms for service contracts, including requirements for reasonable care, skill, and timing.
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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