This Service Provision Agreement ("Agreement") is made between BestBiz Technologies Limited ("Service Provider") and its Clients (the "Client"). Collectively, these entities are referred to as the "Parties." This Agreement governs the delivery of IT-related services by the Service Provider to the Client and delineates the respective responsibilities and rights of both Parties.

Scope of Services

The Service Provider agrees to provide the Client with the following services, either in full or in part, as specified in the relevant project agreement or statement of work:

• 1. IT Consulting Services

  The Service Provider will offer expert advice and strategic planning assistance to help the Client develop and implement IT solutions that align with their business objectives.

• 2. Software Development Services

  This involves the creation, testing, and deployment of custom software applications tailored to meet the specific needs of the Client’s business operations.

• 3. Hosting Services

  The Service Provider will manage hosting environments for the Client, including server management, uptime monitoring, and regular maintenance to ensure uninterrupted service availability.

• 4. IT Support Services

  This includes providing ongoing technical support, troubleshooting, and maintenance for the Client’s IT systems to ensure their optimal performance.

Performance Standards and SLA

The detailed performance metrics, including response times, system availability, and support levels, are outlined in a separate Service Level Agreement (SLA). The SLA is an integral part of this Agreement and will be mutually agreed upon by the Parties prior to the commencement of services.

Duration of Agreement

This Agreement shall become effective on the start date specified in the accompanying SLA and will remain in force unless terminated earlier under the terms specified herein. The Agreement will automatically renew for subsequent terms unless either Party provides written notice of termination at least 30 days prior to the end of the current term.

Compensation and Payment Terms

The Client agrees to compensate the Service Provider as per the rates and terms set out in the project agreement, quotation, or SLA. Payment terms will include due dates, accepted payment methods, and any applicable late fees. Should the Client fail to make timely payments, the Service Provider reserves the right to suspend or discontinue services until payment is received in full.

Confidential Information

Both Parties agree to treat all non-public, proprietary, or confidential information disclosed during the course of this Agreement with the utmost confidentiality. This includes, but is not limited to, business strategies, client data, software code, and financial information. Each Party shall use such information solely for the purposes of fulfilling their obligations under this Agreement.

Ownership of Intellectual Property

Unless otherwise agreed upon in writing, any intellectual property, including but not limited to software, designs, and methodologies developed by the Service Provider in the course of providing services, shall remain the exclusive property of the Service Provider. The Client is granted a limited, non-transferable, non-exclusive licence to use any deliverables solely for their internal business operations.

Limitation of Liability

To the fullest extent permitted by law, the Service Provider's liability for any claims arising from this Agreement shall be limited to the total fees paid by the Client for the services in question. The Service Provider shall not be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits or data, even if advised of the possibility of such damages.

Termination Conditions

This Agreement may be terminated by either Party with immediate effect in the event of a material breach by the other Party that is not cured within 30 days of receiving written notice of the breach.

Applicable Law and Dispute Resolution

This Agreement shall be governed by the laws of Hong Kong. Any disputes arising out of or relating to this Agreement shall be resolved through amicable negotiations between the Parties. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.

Comprehensive Agreement

This Agreement, along with any referenced documents such as the SLA, the Privacy Policy, and Terms of Service, constitutes the complete and entire agreement between the Parties. It supersedes all prior understandings, communications, and agreements, whether oral or written, relating to the subject matter herein.