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SERVICE AGREEMENT

This service Agreement (AGREEMENT) entered this 18 day of May 2023 up to 18 day of
May 2024 at Binondo, Manila by and between:

EUPHONY GENERAL MERCHANDISE a Corporation duly organized and existing under


Philippine Laws, with principal address at #683 ASUNCION. BINONDO MANILA Herein
represented by its President JOHN LOPEZ and herein after referred to as the “PRINCIPAL”.

-And-

GLORIOUS MANPOWER SERVICES duly organized and existing under Philippine laws,
with principal office address at Rm. 208B 2nd floor Regina Building, 410 Escolta St, Binondo,
Manila herein represented by its President Ms. Luisa O. Bibbigan herein after referred to as the
“SERVICE PROVIDER”.

The PRINCIPAL is need of a service provider to EUPHONY GENERAL MERCHANDISE.

The SERVICE PROVIDER has offered its service and expertise to perform specific and/or
specialized jobs/services work for the PRINCIPAL and the PRINCIPAL has accepted the offer.

Now therefore for and in consideration of the foregoing premises, the parties expressly
agree upon the following terms and condition of this Agreement.

1. TERM: this Agreement shall be in force effective until terminated by either party upon thirty
(30) days prior written notice.

2. PLACE OF WORK: the SERVICE PROVIDER shall render, undertake, and perform the needed
services pursuant to these services pursuant to this Agreement at the PRINCIPAL’s premises
located at # 683 ASUNCION BINONDO MANILA

3. SCOPE OF SERVICES: During the effectively of this Agreement, the SERVICE PROVIDER shall
provide the PRINCIPAL the following services rendered. CLIENT agrees to pay the agree amount
in Pesos rendered in accordance with the billing rates as provided in Annex “A” of the Contract
Price which include holidays pay and special holidays which shall be billed of the CLIENT and
computed of the basis of implementing rules of the Labor Code.
4. WARRANTIES AND RESPONSIBILITIES OF THE SERVICE PROVIDER.

a. The SERVICE PROVIDER warrants providing the necessary number of personnel at


the premises of the PRINCIPAL for purposes of performing the needed services. The
number of personnel to be assigned by the SERVICE PROVIDER at the premises of
the PRINCIPAL to perform the needed services herein agreed upon shall be jointly
determined by the SERVICE PROVIDER upon the latter’s determination of the needs
required by the PRINCIPAL. The SERVICE PROVIDER undertakes to perform the
services agreed therein to the full and complete satisfaction of the PRINCIPAL.
b. The SERVICE PROVIDER WARRANTS making available at all time relievers and /or
replacement to ensure continuous and uninterrupted services as in the case of
absences and to exercise supervision over the work of its personnel.
c. The SERVICE PROVIDER warrants that all personnel assigned at the premises of the
PRINCIPAL are the efficient and duly qualified to perform the services called for.
d. The SERVICES PROVIDER WARRANTS shall provide its assigned personnel with
uniforms and appropriate identification cards (which shall not contain any reference
to the PRINCIPAL) to be always worn while on duty. Said personnel shall be
professionally trained and thoroughly screened by the SERVICE PROVIDER prior to
assignment and required to present the proper clearance and certification from
accredited agencies and institution attesting to their physical fitness for the service
involved.
e. The SERVICE under this agreement shall be performed entirely at the SERVICE
PROVIDER’s risk. The SERVICE PROVIDER shall take all necessary precaution and shall
ensure the complete, efficient, and satisfactory performance of the needed services
under this Agreement.
f. The SERVICE PROVIDER shall orient the assigned personnel of the PRINCIPAL’s rules
and regulation, which the SERVICE PROVIDER’s assigned personnel are expected to
always observe while in the PRINCIPAL’s premises. The assigned personnel shall
allow themselves to the subjected to bodily searches by the PRINCIPAL’s security
personnel whenever necessary.
g. The SERVICE PROVIDER shall provide for the necessary personnel accident insurance
for its personnel assigned to the PRINCIPAL’s premises.
h. The SERVICE PROVIDER shall answer for and indemnify the PRINCIPAL for the cost of
damage to or any physical loss of the PRINCIPAL or to those which the PRINCIPAL is
responsible, consequential losses excepted, which the PRINCIPAL may sustain
through the fault and/or negligence of the SERVICE PROVIDER’s assigned paying for
the cost of the damage or loss in cash or repairing or reinstating the property lost or
damaged.
i. The SERVICE PROVIDER shall cooperate to every extent possible with the PRINCIPAL
in providing any pertinent evidence which the former or any of its assigned
personnel may have in their possession in support of or tending to support any
criminal or civil actions that the PRINCIPAL may file for any unlawful or prejudicial
acts committed against the letter.
j. The SERVICE PROVIDER undertakes to fully comply with all the rights and benefits of
the assigned personnel under the Labor Code of DOLE Department Order No. 18-A
including the remittance of mandatory contribution to the Social Security System
(SSS), Phil health, and Pag-ibig Fund, and if requested by the PRINCIPAL shall provide
proof of compliance. In relation thereto, the SERVICE PROVIDER shall hold the
PRINCIPAL free and harmless from all suits against the PRINCIPAL in connection with
non-observance of the SERVICE PROVIDER of the Labor Code, DOLE Department
Order No. 8-A and any subsequent and/or related issuances on labor standards.
5. PAYMENT AND CONSIDERATION

a. In consideration of the performance by the SERVICE PROVIDER in favor of the


PRINCIPAL in shall be billed in accordance with the rates (including the
administrative fee of ₱30.00) provided under Annex “A” attached hereto and made
an integral part of this Agreement.

b. Payment shall be made by the PRINCIPAL to the SERVICE PROVIDER every SATURDAY
of week from receipt of the billing invoice.

c. The PRINCIPAL agrees to a proportional adjustment in the billing rate should there
be any wage order issued by the appropriate government agencies or any wages
laws enacted by the congress.

6. RELATIONSHIP OF THE PARTIES:

a. There shall be no employer- employee relationship between the PRINCIPAL, on one


hand, and the SERVICE PROVIDER and the personnel who the SERVICE PROVIDER
may assign to perform the needed services, on the other.

b. The SERVICE PROVIDER hereby acknowledges that no authority has been conferred
upon it by the PRINCIPAL to hire any person on behalf of the PRINCIPAL.

c. Other than for the purposes for which they are intended, the persons who the
SERVICE PROVIDER may assign to perform the needed services are not in any way or
manner connected with or related to the PRINCIPAL, and that whatever instruction
maybe given by the PRINCIPAL directly to the SERVICE PROVIDER’s personnel shall
be construed simply as desire by the PRINCIPAL to ensure maximum service results.

d. It is hereby understood and agreed that the personnel who the SERVICE PROVIDER
may assign to perform the needed services are and shall remain the employees of
the SERVICE PROVIDER only.

e. The SERVICE PROVIDER shall exercise full supervision of its entire employee assigned
to perform the SERVICE PROVIDER’s obligation under this agreement.

This Agreement is non- exclusive the PRINCIPAL may engage other subcontracting parties as
needed. Conversely the SERVICE PROVIDER is free to offer their services to other clients.

7. CONTROL OVER ASSIGNED PERSONNEL

a. THE SERVICE PROVIDER shall have the exclusive discretion in the acceptance,
engagement, investigation, discipline, and removal of its assigned personnel.

b. THE PRINCIPAL shall have the right to report to the SERVICE PROVIDER any untoward
act, negligence, misconduct, nonfeasance, or malfeasance of the latter’s assigned
personnel and require the SERVICE PROVIDER to immediately replace the breaching
personnel. Nothing herein shall prevent the PRINCIPAL from seeking immediate and
direct assistance from lawful authorities including its own security personnel in cases
of all criminal acts committed or about to be committed by the SERVICE PROVIDER’s
assigned personnel.
c. THE SERVICE PROVIDER may replace any of its assigned personnel in its instance
provided that the PRINCIPAL is given prior writer notice of at least five (5) days,
which the PRINCIPAL, by its reasonable determination, may request for
reconsideration if the planned replacement will affect the satisfactory performance
of the SERVICE PROVIDER’s obligation under this Agreement.

8. TAXES AND OTHER MANDATORY CONTRIBUTIONS:

a. THE SERVICE PROVIDER shall assume responsibility for and shall save the PRINCIPAL
free from any liability or payment of any personal income tax, any mandatory contribution
and/or other taxes and/or contributions of the SERVICE PROVIDER employees and/or agents
which may be required at any time as required by Philippine laws which may become due by
reason of the performance execute and deliver such other instrument, and comply with such
requirements of said laws as may be necessary, including the payment of any interest and/or
penalties related to or arising from such taxes and/or contribution. Upon the request of the
PRINCIPAL, the SERVICE PROVIDER shall provide proof of payment and/or settlement of the
taxes and contribution subject of this provision.

b. All income taxes due from the SERVICE PROVIDER under or arising from this
Agreement shall be paid by the SERVICE PROVIDER and shall be subjected to withholding taxes,
if applicable.

9. CAPACITY TO CARRY OUT THE CONTRACT: the SERVICE PROVIDER warrants that the net
financial contracting capacity (NFCC) of the SERVICE PROVIDER services undertaken by this
Agreement.

10. SECURITY REQUIREMENTS: THE SERVICE PROVIDER agrees to post a bond which is equal to
the cost of labor under this agreement and renewable every year for the duration of this
Agreement and even thereafter, any confidential information regarding the PRINCIPAL’s
business operations, plans and organization, to which it obtains access in the performance of its
obligation hereunder.

11. CONFIDENTIALITY: THE SERVICE PROVIDER hereby expressly agrees that it shall not use or
disclose to any other person, for the duration of this Agreement and even thereafter, any
confidential information regarding the PRINCIPAL’s business operations, plans and organization,
to which it obtains access in the performance of its obligation hereunder.

12. NON- WAIVER: No waiver of any provisions hereunder and no consent by either party to
any departure there from shall be effective unless the same be in writing and such waiver and
consent shall be effective only in the specific instance and for the purpose for which it was
given.

13. AMENDMENT: No amendment, revision or modification of this Agreement shall be valid


and effective unless the same is in writing and mutually agreed to and signed by the parties
hereto.

14. ASSIGNMENT: Neither party shall assign or transfer its right and obligation under this
agreement without prior written consent on the other.

15. RELATIVITY: This agreement inures to the benefit of, and is binding upon, the successors
and assign of the parties hereto.

16. COMPLIANCE WITH LAWS: THE SERVICE PROVIDER agrees to comply with all laws, rules and
regulation that are now and any in the future become applicable to the SERVICE PROVIDER or
to the SERVICE PROVIDER’S business, equipment and assigned personnel engaged in operations
covered by this Agreement.

IN WITNESS WHEROF, the parties have hereunto affixed their signatures on


__________________ at ____________________.

JOHN LOPEZ LUISA O. BIBBIGAN


PRESIDENT GENERAL MANAGER .
Glorious Manpower Services

EUPHONY GENERAL MERCHANDISE


ACKNOWLEDGEMENT

REPUBLIC OF RHE PHILIPPINES)

) S.S

I certify that on this date before me, a notary public duly authorized in the city named above to
take acknowledgements, personally appeared:

NAME COMPETENT EVIDENCE OF IDENTITY PLACE AND DATE OF ISSUANCE

Who are personally known to me to be the same persons described in the foregoing
instrument, who acknowledge before me that their respective signatures on the instrument
were voluntarily affixed but them for the purpose stated therein, and who declared to me that
they have executed a SERVICE AGREEMENT as their free and voluntary act and deed and they
have the authority to sign on behalf of their respective principals,

WITNESS MY HAND AND SEAL on the date and place above written.

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