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Advisory Services Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which professional advisory services will be provided. The document details the scope of services, responsibilities of both parties, compensation structure, confidentiality obligations, and liability provisions while ensuring compliance with Hong Kong's regulatory framework, including relevant ordinances governing professional services, data privacy, and business operations. It provides a robust framework for protecting both the advisor's and client's interests while maintaining flexibility to accommodate various types of advisory services.

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What is a Advisory Services Agreement?

The Advisory Services Agreement is a crucial document used in Hong Kong's business environment when engaging professional advisors or consultants. It serves as the primary contract governing the relationship between advisory service providers and their clients, whether for one-time projects or ongoing consultancy arrangements. The agreement must comply with Hong Kong's common law system and relevant ordinances, particularly regarding contract law, professional services regulations, and data privacy requirements. It typically includes detailed provisions on service scope, deliverables, fees, confidentiality, intellectual property rights, and liability limitations. This document is essential for protecting both parties' interests while ensuring clarity in their professional relationship and compliance with local regulatory requirements.

What sections should be included in a Advisory Services Agreement?

1. Parties: Identifies the advisor and the client, including their respective legal names, registration numbers, and registered addresses

2. Background: Sets out the context of the agreement, including the client's needs and advisor's qualifications

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Scope of Services: Defines the specific advisory services to be provided and the terms of the advisor's appointment

5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment: Details the compensation structure, payment terms, and expenses

7. Obligations of the Advisor: Outlines the advisor's duties, standards of service, and compliance requirements

8. Obligations of the Client: Specifies the client's responsibilities, including providing necessary information and cooperation

9. Confidentiality: Addresses the handling and protection of confidential information

10. Intellectual Property: Establishes ownership and usage rights of any IP created during the advisory services

11. Liability and Indemnification: Sets out liability limitations and indemnification obligations

12. Force Majeure: Addresses circumstances beyond parties' control affecting performance

13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

14. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and assignment

What sections are optional to include in a Advisory Services Agreement?

1. Non-Competition: Restricts advisor from competing activities - include when advisor may have access to sensitive market information

2. Non-Solicitation: Prevents poaching of employees/clients - relevant for long-term advisory relationships

3. Insurance: Specifies required insurance coverage - important for high-risk advisory services

4. Data Protection: Detailed data handling procedures - essential when personal data processing is involved

5. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions - crucial for government-related or high-value advisory services

6. Service Levels: Specific performance metrics - relevant for ongoing advisory services with measurable outputs

7. Dispute Resolution: Alternative dispute resolution procedures - useful for complex advisory relationships

8. Key Personnel: Identifies specific individuals responsible for service delivery - important for specialized advisory services

What schedules should be included in a Advisory Services Agreement?

1. Schedule 1 - Scope of Services: Detailed description of advisory services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and expense categories

3. Schedule 3 - Service Levels: Specific performance metrics and service standards if applicable

4. Schedule 4 - Key Personnel: Details of key team members and their roles if specific individuals are crucial

5. Schedule 5 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services

6. Appendix A - Required Forms and Ƶ: Standard forms for reporting, invoicing, or service requests

7. Appendix B - Client Policies: Relevant client policies that advisor must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use

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