This Supply of Service Agreement ("Agreement") is made between Enclave Technology Services ("Service Provider" or "Company") and the Client (collectively referred to as the "Parties"). This Agreement outlines the provision of services by the Service Provider to the Client and defines the responsibilities and obligations of both Parties.

1. Services Provided

The Service Provider agrees to deliver the following services to the Client:

a. Hosting Services:
Includes the setup, management, and maintenance of hosting infrastructure, ensuring server availability, stability, and support for the Client.

b. Disaster Recovery Services:
Comprehensive solutions designed to safeguard and recover critical systems and data in the event of unexpected disruptions, minimising downtime and data loss.

c. IT Project Management:
Managing and overseeing IT projects, ensuring timely execution and delivery, while aligning with the Client’s goals and specifications.

d. Network Security & Monitoring Services:
Continuous protection and real-time monitoring of the Client's network infrastructure, ensuring that systems remain secure, reliable, and free from malicious threats.

2. Service Level Agreement (SLA)

Performance standards, including system uptime, response times, and service availability, will be detailed in a separate Service Level Agreement (SLA) or appendix. The SLA, agreed upon by both Parties, will serve as an integral part of this Agreement.

3. Term

This Agreement shall take effect on the start date specified in the associated SLA and will remain active until terminated as set forth in this Agreement. Upon the conclusion of the initial term, this Agreement will automatically renew for successive periods unless either Party provides written notice of termination prior to the expiration of the current term.

4. Fees and Payment Terms

The Client agrees to pay the Service Provider in accordance with the fees outlined in the SLA or separate quotations. Should payments be delayed, the Service Provider reserves the right to suspend or terminate services until full payment is received. Any additional services or customisations requested by the Client outside of the agreed scope may incur additional charges.

5. Confidentiality

Both Parties agree to safeguard any confidential information shared during the course of the Agreement. This includes, but is not limited to, trade secrets, business strategies, proprietary technology, customer information, and any other sensitive data exchanged between the Parties.

6. Ownership of Intellectual Property

Unless otherwise agreed in writing, any intellectual property created, used, or developed by the Service Provider in connection with the services provided shall remain the exclusive property of the Service Provider. The Client will not acquire any rights to such intellectual property unless explicitly granted in a separate written agreement.

7. Limitation of Liability

To the fullest extent allowed by applicable law, the liability of the Service Provider for any claims, damages, or losses arising from this Agreement is limited to the total fees paid by the Client for the services rendered under this Agreement. The Service Provider will not be held responsible for any indirect, consequential, or incidental damages.

8. Termination

This Agreement may be terminated by either Party:

  • For Breach: If either Party materially breaches any part of this Agreement and fails to remedy the breach within a reasonable period after receiving written notice, the other Party may terminate the Agreement.

  • For Convenience: Either Party may terminate this Agreement for any reason by providing written notice, subject to the terms specified in the SLA.

Upon termination, the Client remains responsible for paying for all services rendered up until the effective termination date.

9. Governing Law and Jurisdiction

This Agreement will be governed by and interpreted in accordance with the laws of Hong Kong. Any disputes arising under or in connection with this Agreement shall be resolved exclusively by the courts of Hong Kong.

10. Entire Agreement

This Agreement, together with the Service Level Agreement (SLA), the Company’s Terms and Conditions, Privacy Policy, and Cookie Policy, constitutes the entire agreement between the Parties concerning the services provided. It supersedes any prior understandings, agreements, or representations made by either Party, whether oral or written.

Enclave Technology Services is dedicated to providing reliable and secure services tailored to the Client’s needs. The Parties acknowledge that they have read, understood, and agree to be bound by the terms of this Agreement.