The Human Resources Consulting Services Agreement is a vital document for organizations seeking to engage external HR expertise in Hong Kong. It is typically used when a company requires specialized HR advisory services, organizational development support, recruitment assistance, HR policy development, or other HR-related consulting services. The agreement is designed to comply with Hong Kong's legal framework, including employment ordinances, data privacy laws, and business regulations. It provides comprehensive coverage of service scope, deliverables, professional fees, confidentiality obligations, and data protection requirements, while addressing specific considerations unique to the Hong Kong business environment. This document is essential for protecting both the consultant's and client's interests, ensuring clear expectations, and establishing professional service standards within Hong Kong's jurisdiction.
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1. Parties: Identifies and provides full details of the consultant and the client company
2. Background: Outlines the context of the agreement, including the client's need for HR consulting services and the consultant's expertise
3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Deliverables', 'Confidential Information', and 'Intellectual Property Rights'
4. Scope of Services: Detailed description of the HR consulting services to be provided, including core deliverables and timelines
5. Consultant's Obligations: Key responsibilities and commitments of the consultant, including quality standards and professional conduct
6. Client's Obligations: Client's responsibilities including providing necessary information, access, and cooperation
7. Fees and Payment: Details of consulting fees, payment schedule, expenses, and invoicing procedures
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Obligations regarding protection of confidential information and trade secrets
10. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance and data handling procedures
11. Intellectual Property: Ownership and rights to materials, deliverables, and pre-existing IP
12. Liability and Indemnity: Limitations of liability and indemnification provisions
13. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures
1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when services involve sensitive strategic information
2. Insurance: Requirements for professional indemnity and other insurance, important for high-value or high-risk consulting
3. Service Levels: Specific performance metrics and standards, used for longer-term or complex engagements
4. Change Control: Procedures for managing changes to scope or deliverables, useful for complex projects
5. Staff and Subcontractors: Rules regarding use of subcontractors and key personnel, important when specific expertise is required
6. Dispute Resolution: Detailed procedures for handling disputes, including mediation or arbitration, useful for high-value contracts
7. Force Majeure: Provisions for handling unforeseen circumstances, particularly relevant post-COVID
8. Anti-Corruption: Compliance with anti-corruption laws, important when working with public sector or regulated entities
1. Schedule 1 - Services Description: Detailed breakdown of specific HR consulting services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance metrics, response times, and quality standards
4. Schedule 4 - Key Personnel: Details of key consultant team members and their roles
5. Appendix A - Data Processing Requirements: Specific procedures and requirements for handling personal data
6. Appendix B - Reporting Templates: Standard formats for progress reports and deliverables
7. Appendix C - Client Policies: Relevant client policies that consultant must comply with
8. Appendix D - Change Request Form: Template for requesting and documenting scope changes
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