A Project Agreement Between Company And Client is a fundamental commercial contract used when a company undertakes to deliver specific project-based work for a client. This document, governed by Hong Kong law and common law principles, is essential for projects requiring formal documentation of scope, deliverables, timelines, and commercial terms. It's particularly relevant for complex or high-value projects where clear definition of rights, obligations, and risk allocation is crucial. The agreement incorporates Hong Kong-specific legal requirements while providing flexibility to accommodate various industry-specific needs and project complexities. It serves as the primary reference point for project execution, dispute resolution, and relationship management between the contracting parties.
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1. Parties: Identifies and provides full legal details of the contracting parties
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Project Scope: Detailed description of the project deliverables, objectives, and expected outcomes
5. Company's Obligations: Comprehensive list of the Company's responsibilities and commitments
6. Client's Obligations: Detailed outline of the Client's responsibilities and commitments
7. Timeline and Milestones: Project schedule, key dates, and delivery milestones
8. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
9. Intellectual Property Rights: Ownership and usage rights of project deliverables and pre-existing IP
10. Confidentiality: Obligations regarding confidential information protection
11. Term and Termination: Duration of agreement and circumstances for termination
12. Warranties and Representations: Promises and assurances made by both parties
13. Limitation of Liability: Caps on liability and exclusions
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Dispute Resolution: Process for resolving disagreements including jurisdiction choice
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
17. Execution: Signature blocks and execution formalities
1. Change Control: Process for managing changes to project scope or specifications - include for complex projects with likely variations
2. Service Levels: Performance metrics and standards - include when specific service levels need to be maintained
3. Data Protection: Specific provisions for handling personal data - include when project involves processing personal information
4. Insurance: Insurance requirements and obligations - include for high-risk or high-value projects
5. Security Requirements: IT or physical security requirements - include for projects involving sensitive systems or facilities
6. Compliance with Laws: Specific regulatory compliance obligations - include for heavily regulated industries
7. Staff and Subcontractors: Requirements for project personnel - include when specific expertise or clearances are required
8. Business Continuity: Disaster recovery and business continuity requirements - include for critical service provisions
1. Project Specifications: Detailed technical specifications and requirements
2. Pricing Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Service Levels and KPIs: Detailed performance metrics and measurement methods
4. Project Timeline: Detailed project plan with dates and dependencies
5. Personnel: Key personnel and their roles/responsibilities
6. Required Insurance: Details of insurance types and coverage levels
7. Acceptance Criteria: Specific criteria for accepting deliverables
8. Change Request Template: Standard form for requesting and documenting changes
9. Security Requirements: Detailed security protocols and standards
10. Contact Details: Key contacts and escalation procedures
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