Service Agreement

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SERVICE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract, made and entered into this ____ March, 2020 at Iloilo City, Philippines, by and
between:

ILOILO AA MANPOWER AGENCY & GENERAL SERVICES, CO. duly organized and existing under and
by virtue of the laws of the Republic of the Philippines, with principal office address at Door 1 RTG Building,
570 Quezon Street, Iloilo City represented by Mr. ROSENDO CAESAR G. ARANDELA III, CEO & PRESIDENT
hereinafter referred to as the “CONTRACTOR”.

-AND-

JAMONT HOTEL & RESTAURANT, a company duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with principal office at SIPALAY NEGROS OCCIDENTAL represented
herein by Mrs. JUANA CONCEPCION J. MONTILLA, CEO/ MANAGER hereinafter referred to as “COMPANY”.

WITNESSESTH: THAT

WHEREAS, the COMPANY desires to engage the services of the CONTRACTOR which provides office
personnel, coordinators, promodisers, promo sales staff/sales assistants, drivers, messengers, production
workers, and other utility services in the manner allowed by law;

WHEREAS, the COMPANY needs a qualified and independent CONTRACTOR with substantial capital
or investment in the form of tools, equipment, machineries and other work material which are necessary in
the conduct of its legitimate business to render Management and Marketing Services;

WHEREAS, the CONTRACTOR has offered its services to the COMPANY and the COMPANY has
accepted the offer of the CONTRACTOR under the terms and conditions stipulated herein;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants
and stipulations hereunder set forth, the parties have hereto agreed as follows:

A. SCOPE OF SERVICES
1. Effective March ____, 2020, CONTRACTOR will provide the COMPANY such number of
required workers as agreed upon by both the CONTRACTOR and the COMPANY and for which
services provided by the CONTRACTOR, the COMPANY shall be paid within THIRTY DAYS (30)
days upon receipt of the Statement of Account. Failure of the COMPANY to pay at least two (2)
successive billings shall give the CONTRACTOR the right to terminate this agreement, upon
written notice, without prejudice to the CONTRACTOR’S right under the law;

2. The COMPANY agrees to pay the CONTRACTOR approved billing for expenses like
transportation fares, photocopying and others incurred by worker assigned. Transportation of
the workers assigned from their residences to the first outlet visited and from the last outlet
visited to their residences shall not be reimbursable by the COMPANY. The allowable expenses
will be billed to the COMPANY as reimbursements.

3. The COMPANY may request the CONTRACTOR to substitute the personnel assigned to it when
the former’s requirements are not met. In case of loss, damage and pilferage such as theft or
non-remittance of the Personnel assigned, and other undesirable actuations threatening the
flow of operation, the CONTRACTOR shall immediately conduct a thorough investigation within
seven (7) working days from notice of the COMPANY. The investigation shall last no longer than
fourteen (14) working days reckoned from the start of the 1 st day of the investigation. If the
worker is found liable after the investigation, the CONTRACTOR shall mete out sanction(s)
appropriate to the gravity of the offense and forfeit all his monetary claims and other benefits.

The CONTRACTOR shall answer for losses and damages after such incidents have been duly
reported for investigation and proven with supporting documents or other sufficient proof of
liability. Payment shall be made by the CONTRACTOR to the COMPANY for such loss or damage
through issuance of a dated check as payment to the COMPANY not more than thirty (30)
working days from the finality of the investigation finding guilt on the subject worker.

4. Should the COMPANY require CONTRACTOR’S personnel to work in excess of eight (8) hours per
working day, or should such personnel be required to work on a rest day or non-working
Holiday, Regular or Special, the COMPANY agrees to pay the CONTRACTOR the corresponding
adjustment as provided under the Labor Code.

5. The CONTRACTOR undertakes to pay the wages or salaries of its workers and personnel on
time, as well as all other benefits, and duly remit all the required SSS, PHILHEALTH, and HDMF
premiums to appropriate government agencies, in accordance with the provisions of the Labor
Code and other applicable laws and decrees and the rules and regulations promulgated by
competent authorities, assuming all responsibility thereof. A copy of which will be provided to
the COMPANY.

6. In the event that the statutory minimum wage rate is increased by government mandate, the
agreed contract rate shall correspondingly be adjusted.

7. The CONTRACOR shall comply with Labor Laws and Standards, as well as all applicable Executive
Orders, Presidential Decrees, and other laws relative to the terms and condition of
employment.

8. The CONTRACTOR shall provide the necessary Identification Cards for its workers and the
COMPANY reserves the right to refuse entry to its premises to any worker who fails to present
his/her ID card to the guard on duty, or to prohibit such worker from working whenever he fails
to wear his/her ID card during his work hours.

9. The CONTRACTOR agrees to hold the COMPANY free from any liability, cause or causes of
actions, or claims, which may be filed by the personnel provided by the CONTRACTOR so long as
such claims, actions, causes of actions are not brought about by the COMPANY’S willful, or
criminal wrongdoing.

10. There shall be no “employer-employee” relationship between the personnel assigned by the
CONTRACTOR and the COMPANY under this contract. To ensure that the workers assigned to
the COMPANY are fully aware of this, the CONTRACTOR shall conduct an orientation wherein
such matters shall be fully explained to each employee, before they are actually dispatched.
The CONTRACTOR shall likewise explain all other matters with respect to the terms and other
conditions of their employment. For this purpose, a testing room and orientation room shall be
provided by the CONTRACTOR within the premises. The CONTRACTOR shall ensure that each
personnel signs his/her employment contract with the CONTRACTOR, a copy of which shall be
provided to the COMPANY upon request.

11. The CONTRACTOR shall provide the COMPANY with information with respect to the hiring or
recruitment of workers to be assigned to the COMPANY, from sourcing to the dispatching.
Likewise, when requested, the CONTRACTOR will provide the COMPANY a monthly status
report of all the workers assigned, indicating there in the number of months a worker has been
assigned to the COMPANY.

12. The CONTRACTOR’S employees shall keep inviolate and confidential all information which they
may gain while performing their duties under this Agreement, and the CONTRACTOR shall take
positive steps to ensure the foregoing.

13. The CONTRACTOR hereby warrants that it has not given, nor promised to give any sum of
money, gift or any material favor/consideration to any official or employee of COMPANY for the
purpose of being awarded this agreement. Violation of this warranty shall be sufficient ground
for the COMPANY to extra judicially revoke or cancel the same.

The CONTRACTOR further warrants that:

a. It is registered in the registry of contractors and subcontractors in the Regional Office of


the Department of Labor and Employment (DOLE) and shall maintain such registration
during the effectivity of this agreement;
b. It will submit a copy of this Agreement to the Regional Office of DOLE;
c. It will have its Certificate of Registration, License or Business Permits updated and remain
valid during the effectivity of this Agreement;
d. The personnel that it will assign to undertake the activities herein provided are its regular
employees who are: (1) all registered with the SSS/ECC whose premium contributions are
being paid regularly; (2) all registered with the BIR whose withholding taxes are being
remitted regularly to the BIR.

14. This Agreement shall be in force from March ___, 2020 until December 31, 2020 unless sooner
terminated by either party even without cause anytime, provided that written notice to that
effect shall be furnished to the other party at least Thirty (30) days before the intended date.

15. This Agreement shall be the entire Agreement between CONTRACTOR and the COMPANY and
cannot be modified unless agreed to by both parties in writing.In the event of breach of any of
the provisions of this contract at any given time by either party, it is understood and agreed
that the offended party shall have the absolute right to terminate this contract at any given
time without prejudice to whatever rights and remedies the offended party may have against
the offending party under applicable laws.

16. Should it be necessary that an action be brought in court to enforce the terms of this contract
or duties and rights of the parties thereto, it is agreed that the proper courts should be the
courts of ILOILO CITY only to the exclusion of any other courts.

17. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first
above written.

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