Vous êtes sur la page 1sur 4

MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

THIS MEMORANDUM OF UNDERSTANDING IS MADE AND ENTERED INTO THIS 1st DAY OF
APRIL 2018 AT DAGUPAN CITY, PHILIPPINES BY AND BETWEEN:

COLEGIO DE DAGUPAN, a Higher Educational Institution with office address at


Arellano St., Dagupan City, represented by VOLTAIRE P. ARZADON, President who is
duly authorized to represent it in this transaction herein referred to as the SCHOOL.

-AND-

<NAME OF COMPANY/AGENY/ORGANIZATION>, represented by <NAME OF


REPRESENTATIVE OF COMPANY/AGENY/ORGANIZATION>, who is duly
authorized to represent it in this transaction, herein referred to as the COMPANY.

-WITHESSETH THAT-

WEREAS, the SCHOOL is offering Information Technology Education (ITE) programs wherein the
student-trainees are required to undergo On-The-Job (OJT) Training prior to graduation in order
to be adequately exposed to actual Information Technology (IT) industry work situation, thereby
augmenting their formal schooling;

WHEREAS, the COMPANY is equipped with IT infrastructures wherein the student-trainees of


COLEGIO DE DAGUPAN undergo on-the-job training in order to enhance the information
technology skills of the trainees, for which it may give assistance to the school in the pursuit of
its ITE program offerings.

NOW, THEREFORE, for and in consideration of the foregoing premises, the COMPANY and the
SCHOOL do hereby agree to stipulate the following:

A. The SCHOOL shall:

1. Recommend students who will undergo On-The-Job Training. Only students


taking courses wherein this training is an academic requirement will be
recommended.

2. Designate a Program Coordinator who will coordinate with the COMPANY the
various activities.

3. Submit the COMPANY the following documents:


a. Recommendation Letter from the Dean;
b. Information Sheet; and,
c. Notarized Liability-Waiver of the parents of the recommended student-
trainee.

4. Hold the COMPANY free and harmless from any suit whatsoever in connection
with the actions (or inactions) of the SCHOOL or its student-trainees under this
Memorandum of Agreement.
B. The COMPANY shall:

1. Test, select and deploy to the different operating areas connected to IT of the
COMPANY the student-trainees recommended by the SCHOOL.

Specific assignments for each student-trainee shall be at the COMPANY’s sole


discretion which shall be subject to change from time to time upon written
notification to the designated program coordinator.

2. Assign personnel to take charge and supervise the student-trainees. The


practical and related works that will be assigned to the student-trainee will be
along their areas of specialization.

3. Accomplish necessary forms required by the SCHOOL in connection with the on-
the-job training.

4. Issue certificates of completion to student-trainees who successfully finish their


training.

5. Adopt and enforce rules that will govern the conduct of the program. Said rules
shall be made known to the SCHOOL and the student-trainee before the start of
the training.

6. Training shall be contiguous. Staggered schedule of training is not allowed.

C. Under this Memorandum of Agreement the following items and terms and conditions are
likewise included:

1. It is expressly understood that there will be no employee-employer relationship


between the COMPANY and the student-trainees of the SCHOOL.

It is understood and agreed that the SCHOOL shall be acting as an independent


entity and not as an agent of the COMPANY and student-trainees shall not be
acting as an agent or employee of the COMPANY. Accordingly, SCHOOL
assumes all risk and hazards encountered in its performance of this Agreement
and further, SCHOOL, shall be solely responsible for all injuries, including death,
to all persons and all loss or damage to the property which are attributed to the
student-trainee’s performance under this agreement of that of any agent,
employee or subagent by the SCHOOL.

The student-trainees will be personally responsible for any and all liabilities or
injury to the third persons that may be occasioned by their intentional or
negligent acts while in the course of their training.

2. The student-trainees and the SCHOOL Program Coordinator shall abide by the
COMPANY’s rules and regulations and comply with those imposed for the
program.

3. The student-trainee shall attend an orientation session to be conducted by the


Safety and the HRD Staff before the start of training.

4. The Company shall strictly enforce the use of the safety gadgets. Therefore,
student-trainee shall be ready with safety helmet, dust mask etc. to be provided
by the student or school.

5. This agreement may be terminated for convenience by the COMPANY upon prior
written notice to the SCHOOL.

6. The COMPANY reserves the right to discontinue the On-the-job training of any
student-trainee on reasonable grounds after a written notice to the SCHOOL
concerned.
7. The SCHOOL may pull out any student-trainee from the COMPANY on reasonable
grounds after a written notice about such pullout.

8. The SCHOOL and the COMPANY can collaborate in projects concerning other
forms of linkages such as in the areas of curriculum and faculty immersion.

9. Certificate of Completion shall be issued only to student-trainee who completed


the required number of hours based on the recommendation letter of the School
Coordinator.

D. Reports

1. With the services performed by each trainee according to the Agreement, each
trainee shall deliver to the COMPANY detailed reports, and documentation as
maybe periodically required by the COMPANY. Each trainee’s report to the
COMPANY shall include all work or services completed to date, including any
results and ideas, developments, or inventions derived, conceived to practice
during the course of the student-trainee’s performance under this agreement and
shall be supported by appropriate documentation, such as graphs, computer
programs, summaries and the like.

2. The work product of Trainees services, including results, and all ideas,
developments and inventions which trainee conceives or reduces to practice
during the course of its training under this Agreement shall be exclusive property
of the COMPANY. All COMPANY proprietary information shall not be disclosed to
anyone outside of the COMPANY or used by trainee or others without the prior
written consent of the COMPANY.

3. In the event the trainee, during or after this Agreement, but prior to trainee’s
execution of a similar Agreement with a third party, develops additional ideas not
investigated hereunder but within the scope of this Agreement, trainee shall
communicate the ideas to the COMPANY.

E. Duration

This Agreement shall be effective April 1, 2018 regardless of the date of execution hereof
and shall continue thereafter provided however that any provision of this Agreement may
be amended by written consent of both parties herein and provided further that the
COMPANY or the SCHOOL reserves the right to withdraw its participation in the
Agreement upon written notice.

F. Release of Information

Neither party shall announce the existence of this Agreement, or advertise or release any
publicity in regard hereto, before, during and after the existence of this agreement
without securing the written consent of the other.

G. Entire Agreement

This Agreement represents the complete and fully integrated understanding of the
parties and is intended to incorporated and supersede all previous negotiations, written
or oral and may not be altered, changed or amended or modified except by an
Agreement in writing signed by the parties.

H. Governing Laws:

The terms and conditions of the Agreement and performance hereunder shall be
construed in accordance with the laws of the Republic of the Philippines.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their
proper officers and their corporate seals to be affixed attested by their secretaries, the day
and year indicated below.

WITNESSES:

AS TO SCHOOL: COLEGIO DE DAGUPAN

REYNALD JAY F. HIDALGO, Ph.D.


Dean, School of Information Technology Education

VOLTAIRE P. ARZADON, Ph.D.,Sc.D.


President

AS TO THE COMPANY: <NAME OF THE COMPANY/AGENCY/ORG>

<NAME OF REPRESENTATIVE OF THE


COMPANY/AGENCY/ORG>
<Position of Representative>

Rev12APRIL2018