The Agency Client Contract is a fundamental commercial document used to establish and govern the professional relationship between service agencies and their clients in Hong Kong. This agreement is essential when engaging external agencies for professional services such as marketing, consulting, or creative work. It includes crucial provisions regarding service scope, deliverables, payment terms, and intellectual property rights, while ensuring compliance with Hong Kong laws and regulations. The document is designed to protect both parties' interests and clearly define their respective obligations and rights. It incorporates specific considerations for Hong Kong's business environment, including data privacy requirements, competition law compliance, and local commercial practices. This contract type is particularly important in Hong Kong's dynamic business landscape where professional agency services play a vital role in supporting various industries.
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1. Parties: Identifies and provides full details of the agency and client
2. Background: Sets out the context of the agreement and basic intentions of the parties
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Appointment and Scope: Establishes the agency's appointment and defines the scope of services
5. Agency's Obligations: Details the responsibilities and duties of the agency
6. Client's Obligations: Outlines the client's responsibilities and requirements
7. Fees and Payment: Specifies fee structure, payment terms, and expenses
8. Intellectual Property Rights: Addresses ownership and usage rights of created materials
9. Confidentiality: Defines confidential information and protection obligations
10. Data Protection: Covers compliance with privacy laws and data handling requirements
11. Term and Termination: Specifies contract duration and termination provisions
12. Liability and Indemnities: Sets out liability limitations and indemnification obligations
13. General Provisions: Contains standard boilerplate clauses including governing law
1. Performance Metrics: Defines KPIs and performance measurement criteria - used when specific performance targets are required
2. Sub-contracting: Governs the appointment and management of sub-contractors - needed if agency may delegate work
3. Non-Competition: Restricts agency from working with competing clients - used in sensitive industries
4. Insurance: Specifies required insurance coverage - important for high-risk services
5. Compliance with Laws: Details specific regulatory compliance requirements - needed for regulated industries
6. Marketing and Publicity: Governs use of client name/logo and case studies - important for marketing agencies
7. Crisis Management: Procedures for handling public relations issues - relevant for public-facing services
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structure
3. Schedule 3 - Service Levels: Specific service levels and performance requirements
4. Schedule 4 - Key Personnel: Details of key team members assigned to the client
5. Schedule 5 - Client Materials: List of materials and information to be provided by client
6. Schedule 6 - Approved Sub-contractors: List of pre-approved sub-contractors if applicable
7. Appendix A - Report Ƶ: Standard formats for regular reporting to client
Authors
Relevant legal definitions
Clauses
Relevant Industries
Advertising and Marketing
Public Relations
Digital Services
Management Consulting
Creative Services
Media and Entertainment
Technology
Professional Services
Real Estate
Financial Services
Retail
Healthcare
Education
Relevant Teams
Legal
Procurement
Commercial
Finance
Operations
Client Services
Account Management
Project Management
Compliance
Risk Management
Business Development
Relevant Roles
Chief Executive Officer
Managing Director
Commercial Director
Legal Counsel
Contract Manager
Procurement Manager
Agency Director
Client Services Director
Account Manager
Project Manager
Operations Director
Finance Director
Compliance Officer
Business Development Manager
Risk Manager
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