Professional Documents
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Sla PS1 11.16.21 - 2.15.22
Sla PS1 11.16.21 - 2.15.22
SERVICELEVELAGREEMENT–AnnexA
ThisServiceLevelAgreement(SLA)incorporatesbyreferencetheSalesAgencyContract
executedonN ovember16,2021(the“Contract”).Unlessotherwisedefinedherein,defined
termsinthisSLAshallhavethemeaningsasdescribedtothemintheContract
I. Term: The engagement of the
Agent
as
“P
roperty
Specialist
1” shall
be
for
a term
of
three(3)monthstocommenceonN ovember16,2021toFebruary15,2022.
II.
Services: TheAgentasP
ropertySpecialist1s hallpromote,marketandsellthe
Projects.
(a) The Property Specialist 1 shall undertake personally or through his/her accredited real
estatenetworkthemarketingandsaleofthePrincipal’sprojects.
(b) The Property Specialist 1 shall directly report to his/her Sales Manager/Sales Director
anddiscussallbusinessinitiativesandactivitieswithsaidSalesManager/SalesDirector.
(c) The Property
Specialist 1 is duty-bound to handle the pending accounts of the clients left
bysuchmemberuntilsuchaccountsarereassigned
III.
In addition to the foregoing, the Property Specialist 1 shall also perform additional
Servicesasfollows:
(a) Ensurecompletionofnecessaryreservationandbookingdocumentsofallbuyers;
(b) Ensure that
each
and every buyer/client is assisted and
managed
to the full satisfaction of
saidbuyer/client.
(c) Participateinallsalesgroup/Principalinitiatedactivities
(d) ParticipateintrainingseminarsprovidedbythePrincipalanditssubsidiariesand
affiliates;
(e) FollowandcoordinatewiththePrincipalonguidelinesandcircularson:
• Discounts,specialrebates,incentives,promos
• Advertisement,promotion;and
(f)ComplywiththerulesandregulationsofthePrincipalanditssubsidiariesandaffiliates
onthe codeofconductofrealestatesellersbasedontheRepublicActNo.9646orthe
RealEstateServiceActofthePhilippines(the“Act”),itsImplementingRulesand
Regulationsand/ortheNationalCodeofEthicsandResponsibilitiesforRealEstate
ServicePractice.
(g) Service the buyer/s to the full satisfaction of said buyer/s until their accounts are fully
complied with/paid. The Principal may assign accounts not
serviced to
the other
agents and
commissionsnotreleased/paidrelativetothesaidaccountsmaybeforfeited.
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IV. Quota:TheAgentshallmarketandpromotetheProjectstomeetand/orachievethe
followingsalesquota:
SalesQuota
Quarter P7,000,000.00
ThePartiesagreethatsuchquotamaybechangedfromtimetotimebythePrincipalwith
noticetotheAgent.
V. Commissions,Incentivesand/orAllowances:ProvidedthattheAgentmeetstheQuota
hereinprovided,theAgentshallbeentitledcommissionand/orincentives,asfollows:
3%Commission
AnyallowancesgrantedunderthisSLAmustbeliquidatedbytheAgent,intheformtobe
providedbythePrincipal.
IntheeventthatAgenthasbeenreportedtohavecommittedanyoftheactsspecifiedinSection
9oftheContractofAgencyorSalesAgencyContractand/orfailedtocomplywiththe
obligationsunderthesaidContractand/orenumerated,aninvestigationshallbeconducted.The
Principalreservestherighttowithholdtheagent’scommissionsandreceivablespending
resolutionoftheinvestigationandtoforfeitsuchcommission/siftheagentisproventohave
committedsuchacts
VI. AdditionalTerms:
(a) Assignment: The Principal reserves the right to assign this Contract to a
subsidiaryoraffiliateuponpriorwrittennoticetotheAgent.
(b) Promotion of Products outside the Philippines: In the event
that
the
Agent
shall
promote the Products outside the Philippines, the following terms and conditions shall
apply:
(c) The Agent acknowledges that it is not authorized to negotiate or conclude
contracts for the sale of the Projects on behalf of the Principal, its subsidiaries and
affiliates,andshallnotrepresentitselftohavesuchauthority.
Conforme
NAME&SIGNATURE:
PropertySpecialist1
Date:_________
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SALESAGENCYCONTRACT
(GENERALTERMSANDCONDITIONS)
ThefollowingtermsandconditionsshallformanintegralpartofyourServiceLevelAgreement
asPropertySpecialist1ofRobinsonsPropertiesMarketingandManagementCorporation
(hereinafterreferredtoas“Principal”).
1. Your
appointment as
Property
Specialist
1 of
the
Principal
shall
be
for
the
period
stated in your
ServiceLevelAgreement(SLA).
Fortheavoidanceofdoubt,theSLAshallbegovernedbythetermsofthisContractandany
additionaltermssetoutintheSLA.IntheeventofanyinconsistencybetweenthisContractand
theSLA,theprovisionsofthisContractshallgovernandcontrol,exceptwhentheprovisionin
theSLAisexpresslystatedtovaryoramendthisContract.
2. As Property
Specialist 1, you
shall perform the
functions and services described and enumerated
in the SLA, and in particular are authorized to promote, market
and
offer
for
sale
the
Projects
particularlyreferredtherein.
AnyactoutsidethescopeoftheServiceswithoutthepriorwrittenconsentofthePrincipalshall
beyourresponsibilityasPropertySpecialist1w ithoutanyliabilityonthepartofthePrincipal.
YoushallindemnifyandholdthePrincipal,itssubsidiariesoraffiliatesfreeandharmlessfrom
andagainstanyandallclaims,damages,losses,liabilitiesandexpenses,thatmaybeincurredby
orassertedorawardedagainstthePrincipal,itssubsidiariesoraffiliates,arisingoutoforin
connectionwithanyactyouperformedoutsidethescopeoftheServicesorforanyotherbreach
ofobligationsasPropertySpecialist1inthisContractortheSLA
3. For and inconsideration for the rendition of your Services as Property Specialist 1under this
Contract, The
Principal
shall pay the
commissions, incentives and or allowances indicated in the
SLA,subjecttoanywithholdingtaxasmayberequiredbyapplicablelaworregulation.
4. The commissions shall only be paid upon the approval of the Principal of the sale/s
and
final
consummation thereof. Commission rates
may be
adjusted
based on discounts or payment terms
granted to
buyers, as
may be determined solely by the Principal. In the
event of withdrawn sales,
wherein the Principal may be obligated to return payments made by buyers, any commission
received pursuant to such transaction must be immediately returned to the Principal without need
of
demand. Failure to return shall authorize the Principal to perform any and all acts necessary to
collect the same, including but not limited to, deducting said amounts from any commissions due
toyou.
5. Fortheentiredurationofthe Contract, you as Property Specialist 1, in addition to any
obligationsfoundintheSLA,shall:
a. Promote and undertake the marketing and sale of the Projects, at such prices,
terms and conditions, as may be prescribed by the Principal. You are not
authorized to
give
any
discounts, rebates and concessions of any kind without the
express written consent or authority of
the
Principal. Neither are
you
authorized
to receive any payments from buyers, nor issue any documents or receipts on
behalfofthePrincipal
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b. TransmitanyandalldocumentsreceivedfrombuyersinrelationtotheProjects.
d. Maintain efficient and effective supervision over and any third parties
you
may
utilize
in
the
performance of
the
obligations
under this
Contract and
shall
ensure
thattheyadheretothetermsandconditionsofthisContractandtheSLA.
e. To act strictly in accordance with the authority granted under this Contract and
the SLA. Accordingly any
act
of
misrepresentation or
lack
of
authority
shall
not
be binding on the Principal and shall be your sole liability and responsibility,
subject to
indemnification in
favor of the Principal in case of any losses, damages
orclaimsarisingfromorrelatedthereto.
f. Service the
buyer/s to
the
full
satisfaction
of
said buyer/s until
their accounts are
fully complied with/paid. The Principal may assign accounts not serviced
to
the
other agents and
commissions not
released/paid relative to
the said accounts may
beforfeited.
6. It
is
expressly
understood that
you
may acquire information containing confidential matters and
or trade secrets (the “Confidential Information”) relating to or arising from the business,
operations, methods, activities, procedures etc. and other data of the Principal, including all
materials, data, information, strategies and plans relating to
or
in connection with the
Projects.
You are hereby at
all
times
during
the
term
of
this
Contract and thereafter,
not
to
disclose such
ConfidentialInformationwithoutthepriorconsentofthePrincipal.
7. It
is
expressly
understood that
data or
information of Principal’s buyers and potential buyers you
gathered during the period of this Contract and/or SLA, shall be considered part of the
Principal’s buyer information database. The information shall also be considered Principal’s
Confidential Information. Therefore the gathering,
handling,
sharing and disposing
of
the same
shallbedoneinaccordancewiththeDataprotectionlawsofthecountry.
8. It is expressly understood that this is not an employment contract and as such, no
employer-employee relationship exists between you and the Principal. In this regard, you are
considered and independent contractor tasked to undertake the marketing and the sale of the
Principal’s projects on commission basis whose appointment shall
be
for
a limited
and
specific
period.
Youarenotgrantedanyauthoritytoassumeorcreateanyobligationorresponsibilityonbehalf
ofthePrincipal,norbindthePrincipalinanymanner,beyondthetermsandconditionsofthis
ContractwithoutthePrincipal’spriorwrittenconsentand/orapproval.
9. ThisAgreementmaybeterminatedonanyofthefollowinggrounds:
a. Any act or omission (whether by fault or negligence) resulting in a violation
(including any attempt to violate) or non-compliance with any of
the
terms and
conditionsstipulated intheContractortheSLA;
b. Dishonesty, misrepresentation and/or fraud
committed
in
the performance by
the
PropertySpecialist1o ftheobligationsunderthisContractortheSLA
c. Loss of
confidence by
the Principal involving the competence and integrity of the
PropertySpecialist1;
d. Violation
of
any
provisions of
Republic Act
No.
9646
or
the
Real
Estate
Service
Act
of
the Philippines (the “Act”), its Implementing Rules and Regulations and/or
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ServiceLevelAgreementUpdatedasof05/2019–PropertySpecialist1
the
National
Code
of
Ethics
and
Responsibilities for
Real
Estate Service Practice
pursuanttoSection5(f),ArticleIIandSection35,ArticleIVoftheAct.
e. Commission by
the
Property Specialist 1 of such acts prejudicial to or detrimental
to
the
interest,
name and/or
reputation
of
the Principal, as
may
be
determined by
thePrincipal,suchas,butnotlimitedto:
i. Falsification of,
tampering with
or
providing false information in buyer’s
documentsandothermachinations;
ii. Falsification of, tampering with or providing false information in any
document submitted to the Principal, including but not limited to
Property Specialist 1’s credentials, application form, and other
machinations;
iii. Conniving with employees/personnel of the Principal or third parties
to
enable
acceptance of
the
Principal’s
buyers
and/or
documents in order to
completeasale;
iv. Falsification of, tampering with or providing false information in
accountable documents such as but not limited to Acknowledgment
Receipts, Provisional Receipts, Official Receipts, Reservation
Documents, Sales Documents, Buyer’s Information Sheet, Identification
Cards/Documentsandothermachinations;
v. Disseminating exclusive and confidential information to the Principal’s
competitors;
vi. Taking or borrowing money or goods from prospective or existing
Principal’s buyers, or the commission of any acts detrimental to the
Principaland/oritsbuyers;
vii. Requesting or accepting any check or cash from prospective and/or
existing Principal’s buyers as payment for any acts detrimental to the
Principaland/oritsbuyers;
viii. Fraud, theft, misrepresentation or such similar acts towards the Principal,
itsbuyersoranythirdperson.
f. Assignment by
the
Property Specialist 1 of any
rights under this Contract without
thewrittenconsentofthePrincipal;
g. Marketing and selling real estate projects of other realtors/property
developers/companies, engaging in multi-level marketing of all non-property
products, such as but not limited to the sale of insurance, vitamins, health
products,apparel,etc.forthedurationofthisContractanditsrenewal/s,ifany;
h. Failure to report to the office for the five (5) consecutive days without prior
approvalorappropriatedocumentation;
i. Engaging or
contracting, directly
or
indirectly, in any
other activities such as, but
not limited to, leasing or re-selling of the real estate projects of the Principal’
buyers,andotheranalogouscasesthereto
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j. Entering into any agreement, in any manner whatsoever, with the Principal’s
buyers which shall violate or would
result
in
any
conflict
with
the
provisions of
this ContractandtheSLA.
k. Breach by
the
contracted sales person
of
the trust
and
confidence reposed in him
by the
Principal or
its
buyers; damaging or
jeopardizing its
interests through acts
or omissions, such as, but not limited to, soliciting or giving monetary
consideration or tokens, in exchange of
personal favors,
which affect
Principal’s
staffs,superior,anditsbuyer/s.
l. ViolationofthetermsandconditionsofthisContractand/ortheSLA
m. Such
other case
that
may warrant cancellation of this Contract and/or SLA and as
may be determined by the Principal based on the latter’s policies, rules and
regulationsandgovernmentallawsandregulations.
Theaboveprovisionsnotwithstanding,thePrincipalmayterminatetheagency atanytimeand
foranyreasonwhatsoever,atitssolediscretion.
10. In
the
event that Agent has
been reported to
have committed any of the acts specified in Section
9 and/or failed to comply with the obligations under this Contract and/or enumerated in the
agent’s SLA, an investigation shall be conducted. The Principal reserves the right to withhold the
agent’s commissions and receivables pending resolution of
the
investigation and
to
forfeit
such
commission/siftheagentisproventohavecommittedsuchacts.
11. IntheeventofterminationofthisContract:
(a) The Agent shall immediately desist from
representing
himself as
Agent of
the
Principal
and/ortransactingonthePrincipal’sbehalfinrelationtotheProjects.
(b) The Agent shall endorse and submit to the Principal within ten (10) days from
termination:
i. All accounts and/or records of the Principal’s buyers,
regardless of the status of
suchaccount;and
ii. All sales paraphernalia, brochures, pamphlets, flyers, and/or other sales and
marketing materials provided to him by the Principal in the discharge of the
duties under this Contract
and the
SLA,
including
all
monies received
by him
frombuyers.
iii. Buyer/potentialbuyerinformationdatabasegathered
(c) Settle all his outstanding accountabilities to the Principal, if any, and secure the
appropriateclearancefromthePrincipal.
12. The Parties agree that
the Principal shall be entitled to withhold
any sum due the Agent, until the
AgenthasdulyandcompletelycompliedwithhisobligationsunderthisContactsandSLA.
The foregoing is without prejudice to the right of the Principal to avail of any
other
remedies
provided for by law or equity, including the institution of any civil or criminal actions against the
Agent, as
well as
pursuing the penalties of fines and/or imprisonment imposed against violations
of the Act, its Implementing Rules and Regulations, the National Code of Ethics and
Responsibilities for
Real Estate Service
Practice, the
Data
Privacy Act of the Philippines and all
otherlawsandregulationsrelatedthereto.
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13. The Principal reserves the right to change, amend, modify, revise or
repeal any of the foregoing
stipulations, sales terms, policies and procedures and guidelines, as
well as issue, promulgate and
implement new ones. As such, you agree to
be
bound by
and comply with such new terms and
conditions, as
well as
with the changes, revisions, modifications and amendments of the existing
andnew/futurestipulations,salesterms,policies,proceduresandguidelines.
14. It
is
expressly understood that
in addition to
the
Sales
Agency Contract and/or SLA, , and
such
other policies as may be issued by the Principal from time to
time form part of
the agreement
betweentheAgentandthePrincipal.
15. All actions or suits in connection with or arising from this Contract and/or SLA shall be
filed
with or instituted in the proper court of Pasig City, Philippines, to the exclusion of all other
venues,andinaccordancewithPhilippinelaws.
16. This Contract with SLA supersedes all prior agreements, oral or written, between the parties and
is intended as a complete and exclusive statement of the agreement between the parties. All
terms and conditions contained in this Contract with
SLA thereto shall be subject to
change at
thePrincipal’ssolediscretion.
Conforme
NAME&SIGNATURE:
PropertySpecialist1
Date:_________
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