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BETWEEN
HOUSE OF HORTALEZA
(“Service Provider”)
- AND –
______________________________________________
(“Customer”)
The SERVICE PROVIDER, on one hand, is a company duly organized under the Corporation
Code of the Philippines, holding office at (Office Address); and the CUSTOMER, on the other,
who holds office at (Office Address); both agree to enter in this SERVICE AGREEMENT
(“Agreement”).
All notices and communications that this Agreement shall require from the parties will be
given in writing or through electronic mail, to be delivered to the Parties of this Agreement
through their respective addresses as supplied above.
I. SERVICES INCLUDED
The Service Provider undertakes to provide its Premium Package offering to the
Customer, which includes the following services:
1. The Customer agrees to engage the House of Hortaleza to provide the Customer
with services (“Services”) consisting of:
1.3. Reporting and business compliance templates that would reflect necessary
business indicators such as attendance, profits, and expenses;
1.5. Leadership skills training and other related instructions to help the
Customer’s business achieve its organizational goals and success;
1.6. Customer Service Training and instructions to equip the Customer’s
personnel with skills and competencies in order to improve customer
support and overall service satisfaction;
1.7. Financial Study and evaluation of the Customer’s business, projects, and
budget to determine performance and suitability.
1.9. Social Media Content creation once a week for three months.
2. The Services described above are exclusive; however, nothing prevents the
parties from agreeing on any other tasks incidental to their performance and
completion. Thus, the Service Provider now agrees to provide such incidental
services to the Customer should the need arise, and should they expressly agree
on it in writing.
6. Should either Party wish to end this Agreement, that Party should give a 30-day
notice to the other.
7. Except when expressly written in the Agreement, the obligations of the Service
Provider will end only upon the expiration of this Agreement.
8. The Parties undertake to do everything necessary to ensure that the terms of this
are complied with.
The Customer will pay the Service Provider THIRTY THOUSAND PESOS
(PhP30,000.00) upfront upon the signing of this Agreement. The payment
shall cover all the services described in Section II.
The above Compensation includes all applicable tax and charges as required under
the National Internal Revenue Code of the Philippines.
10. Reimbursement of Expenses - The Service Provider will not be reimbursed for
expenses incurred by the Service Provider in connection with providing the Services
of this Agreement.
12. The Service Provider agrees that they will not reveal nor report any Confidential
Information which the Service Provider may have obtained, except with the notarized
authority of the Customer. This obligation will survive indefinitely upon termination of
this Agreement.
10.1 Exception – When there is clear and convincing evidence, neither party will be
liable to the other for the disclosure of Confidential Information if the Confidential
Information:
(a) is generally known to the public at the time of disclosure by the disclosing
party; or
(b) becomes generally known to the public through no fault of the receiving
party; or
(c) was lawfully in the possession of the receiving party before this
Agreement was signed; or
(d) is mandated by Philippine laws or a court order to be disclosed.
13. All oral and written information and material disclosed or provided by the
Customer to the Service Provider under this Agreement – in whatever form they may be
- is Confidential Information regardless of whether it was provided before or after the
date of this Agreement or how it was provided to the Service Provider.
V. RETURN OF PROPERTY
14. When this agreement has already expired or has been prematurely terminated,
the Service Provider will return to the Customer any property, documentation,
records, or Confidential Information which is the Customer’s property.
16. If the dispute is not resolved within a reasonable period then any or all
outstanding issues may be submitted to the mediation in accordance with the
prevailing laws on mediation.
If mediation has failed to resolve the dispute, any outstanding issues will be submitted
to arbitration in accordance with RA 9285, otherwise known as the Alternative
Dispute Resolution Act of 2004. The arbitrator's award will be final and binding upon
the parties, and judgment may be entered upon it by any court having jurisdiction.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this _____
day of _______________, 2019, in Quezon City, Philippines.
______________________________ ______________________________
BEFORE ME, a Notary Public in and for the Quezon City, this ____ day of
_________________, 2019, personally appeared ________________, the authorized
representative of (Service Provider); and _______________, the authorized
representative of (Customer), who have satisfactorily proven to me their identity
through their _____________________valid until ________________; and __________________
respectively, that they are the same persons who executed and voluntarily signed
the foregoing Deed of Sale which they acknowledged before me as their free and
voluntary acts and deeds.
This instrument consisting of FOUR (4) pages, including the page on which
this acknowledgment is written has been signed on the left margin of each and
every page thereof by the parties and their witnesses.