Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

CONTRACT OF SERVICE

KNOW ALL MEN BY THESE PRESENT:

This agreement made and entered into by and between:

BLUE COLLAR MANPOWER SERVICES, INC., a duly registered business entity, organized
and existing under and by virtue of the laws of the Republic of the Philippines, with principal office address
at 1287 C&G Building cor. Borneo and Batangas Sts. Brgy. San Isidro, Makati City, represented by
its President, Mr. GERARDO P. CAMACHO., hereinafter referred to as “CONTRACTOR”.

-and-

VIKING SOFTWARE SOLUTIONS, INC, a company duly organized and existing under and
by virtue of the laws of the Republic of the Philippines, with office address and place of business at 21st
Floor Soutgate Tower, EDSA corner Chino Roces, Makati City represented by its President, Ms.
Shirley Ken Tzu Ting hereinafter referred to as the “CLIENT”.
WITNESSETH

WHEREAS, the CONTRACTOR is duly licensed firm engaged in supplying manpower services
having sufficient qualified manpower under its control and supervision for employment within the
Philippines and to perform such other activities and/or services as may be relevant or incidental thereto and
has offered its services to the CLIENT.

WHEREAS, the CONTRACTOR further warrants that it has substantial capital or investment
necessary to conduct and pursue its business, more particularly in entering in this Agreement.

WHEREAS, the CLIENT desires to avail the services offered by the CONTRACTOR and has
accepted its offer under the terms and conditions hereunder set forth.

NOW THEREFORE, for and in consideration of the foregoing premises and stipulation set forth,
the parties hereto agree to the following, to wit:

1. That the CONTRACTOR shall provide the CLIENT with the services of workers referred to as
service personnel who are fully screened and approved to be assigned in the CLIENT offices.

2. That the CONTRACTOR shall be responsible for the background checks and medical exams of
the service personnel to be deployed to the CLIENT, thus, no service personnel shall be deployed
without proper background check and proper medical certification from the authorized medical
provider/physician of the CONTRACTOR.

3. That the CLIENT may request for the increase or decrease of number of service personnel
deployed by the CONTRACTOR, provided that notification must be made in advance by the
former to the latter and the increase in number shall be made two (2) days after the receipt of
notification.

4. The CONTRACTOR shall make available at all times relievers and/or replacement to ensure
continuous services, provided that the CLIENT shall be notified thereof. However, replacement
of the service personnel will be made two (2) days after notification with proper endorsement from
the CONTRACTOR.

5. That the service personnel will not perform duties not normally related to the job of which he/she
is contracted. Any other arrangement shall be subjected to mutual agreement between the parties.

6. That the service personnel assigned to perform the services called for shall be provided with
appropriate uniforms and identification cards to be worn at all times while performing services to
the CLIENT. The payment of the uniform shall be equally shouldered by the CONTRACTOR
and the CLIENT.

1
7. That it is expressly understood that the CONTRACTOR shall warrant compliance to mandated
Labor Standards especially when it pertains to the Minimum Wage Law, the Social Security Act
and the Statutory benefits, all existing laws, government ordinances and local laws; it is further
understood that CONTRACTOR shall have the right to effect in the most recent billing the latest
Wage order issued by legitimate authority and likewise provided that the CLIENT was informed
of such undertakings & CONTRACTOR will pay to their employees. The CONTRACTOR shall
furnish the CLIENT upon its request with proof evidencing compliance by CONTRACTOR with
labor and relevant laws.

8. That the CONTRACTOR shall at cost, indemnify and shall hold the CLIENT free and harmless
against all local laws and government ordinance and any and all third parties liabilities, losses,
damages, claim, cost, expenses, such as but not limited to wages, benefits, overtime pay,
compensation for injury or death of service personnel of CONTRACTOR and/or third parties,
SSS premiums, Medicare, living allowances and damages of adjoining/adjacent structures caused
or sustained as a result from the operation all of which shall be for the account of CONTRACTOR.

9. That the CONTRACTOR shall have the full and exclusive charge, control and supervision over
the service personnel assigned to the CLIENT, although the latter is given reasonable and
necessary authority and casual supervision over the said personnel through the CONTRACTOR’S
point person, leadman or team leader.

10. That the CONTRACTOR shall take direct responsibility instituting appropriate discipline to
service personnel and will take the necessary action in accordance with the CONTRACTOR’S
code of discipline.

11. That the CONTRACTOR shall have exclusive control and supervision of its employees who shall
undertake the services contracted for by the CLIENT. The determination and payment of the
salaries and other benefits of said employees shall be sole responsibility of the CONTRACTOR
as the employer. It is expressly understood and agreed that service personnel hired and employed
by the CONTRACTOR to perform its obligation under this contract shall not, in any manner and
under any circumstances be considered employees of the CLIENT thus, NO EMPLOYER-
EMPLOYEE relationship between the service personnel and the CLIENT.

12. That in consideration of the mentioned services to be performed by the CONTRACTOR, the
CLIENT shall pay the CONTRACTOR or every service personnel assigned there at, in
accordance with the salary schedule attached hereto as Annex “A”.

13. That the CONTRACTOR shall bill the CLIENT on a fifteen (15) day basis after which the
CLIENT shall pay the CONTRACTOR within thirty (30) days from the receipt of the billing
statement.

14. That the CONTRACTOR shall be bound, as part of this agreement, to take all reasonable,
necessary, and appropriate steps to safeguard private and confidential data of the CLIENT from
disclosure to anyone except as permitted under this agreement.

15. That in case the CONTRACTOR fails to meet the CLIENT’S requirement as to the standard
quality of service that the service personnel provides to the latter, the CLIENT is herein given the
option to terminate this agreement with satisfactory proof, provided that notice shall be given at
least sixty (60) days in advance to the CONTRACTOR, and provided further, that in case of any
breach of any of the provisions of this agreement, any of the parties herein is given the option to
terminate the same with proper notification to the other party.

16. The CONTRACTOR shall responsible to indemnify the CLIENT for the cost of any damage to
or loss of the CLIENT’S properties, which may be sustained by the CONTRACTOR through the
negligence, inefficiency, breach, dishonesty or criminal actions of SERVICE PROVIDER’S
employee in the course of their duties. However, a written notice or report should be forwarded to
the CONTRACTOR within three (3) days upon its occurrence for assessment and determination
of the validity of the claim/s of the CLIENT.

2
17. The CONTRACTOR agrees and undertakes not to deliberately and maliciously disclose to any
Third Party any material confidential information pertaining to the CLIENT that the
CONTRACTOR or its employees may have acquired or disclosed to them in the course of the
performance of the SERVICES unless otherwise specifically authorized by the CLIENT for a
particular transaction. The CONTRACTOR shall take the necessary steps to cause its officers,
agents, and employees to observe the provisions hereof as may be reasonably expected under the
circumstances.

18. The CONTRACTOR may not assign any of the rights or undertaking under this Agreement
without the prior written consent of the CLIENT. Any assignment done contrary to this provision
shall be without any effect and may be a ground for the immediate termination of this Agreement.

19. No failure or delay on the part or either Party in exerting any right, power, or remedy under this
Agreement upon any breach by the other shall neither impair such right power or remedy, nor shall
it be construed or waiver thereof.

20. That in the event that one or several of the provisions hereof be declared invalid, illegal or
unenforceable, the same shall not affect the validity, legality and enforceability of the other
provisions which shall be constructed to conform and give meaning to the intentions of the parties
herein.

21. This service contract shall be for one (1) year commencing on ______________________ 2019
and may be renewed or extended by mutual consent of both parties.

IN WITNESS WHEREOF, the parties hereto represented by their respective official


representatives have signed their voluntary free will and deed, the foregoing agreement this _____day of
___________________ 2019 in Makati City, Philippines.

CONTRACTOR: CLIENT:

BLUE COLLAR MANPOWER SERVICES, INC. VIKING SOFTWARE SOLUTIONS, INC,

By: By:

GERARDO P. CAMACHO SHIRLEY KEN TZU TING


PRESIDENT PRESIDENT

SIGNED IN THE PRESENCE OF:

______________________ ______________________

3
ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Davao City, personally appeared,

Name CTC Issued on / Issued at

GERARDO P. CAMACHO ___________________ ____________________

SHIRLEY KEN TZU TING ____________________ ___________________

Known to me to be the same person who executed the foregoing instrument consisting of three (3) pages
including this page and they acknowledge to me that the same is their own voluntary act and deed.

WITNESS MY HAND AND SEAL, this ______ day of _________________________ in Makati City,
Philippines.

Notary Public

Doc. No. _________


Page No. _________
Book No. _________
Series of 2019

You might also like