Вы находитесь на странице: 1из 3

SERVICE SUPPLIER AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:


This agreement made and entered into by and between:
________[TaskMania]_________, a corporation duly organized and existing under Philippines
laws, with corporate address at _________________________________________________,
represented by its _____________________, hereinafter referred to as the PLATFORM
PROVIDER
And
________________________________, a corporation/ partnership/ sole proprietorship/
cooperative duly organized and existing under Philippines laws, with corporate address
______________________, represented by its _____________________, hereinafter referred to
as the SERVICE SUPPLIER
WITNESSETH
WHEREAS, the SERVICE SUPPLIER, duly registered with Certificate of Registration
No.____________ issued by DOLE Regional Office No.___ on ________, is an independent
service provider with substantial capital, equipment, and expertise, primarily engaged in the
business of providing _____________ services, offering such services to the general public;
WHEREAS, the PLATFORM PROVIDER aims to provide the SERVICE SUPPLIER a
platform, via mobile and web applications, with which the SERVICE SUPPLIER may advertise
and offer its services to the PLATFORM PROVIDERS user base;
WHEREAS, the SERVICE SUPPLIER offers its services and expertise to perform specific
and/or specialized jobs/ services/ work for the PRINCIPAL CUSTOMER USERS, the customer
users of the PLATFORM PROVIDER which shall be contracting said services from the
SERVICE SUPPLIER on a transactional basis through the PLATFORM PROVIDERS
applications.
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereto
have agreed as follows:
A. Description of the Services Offered
1. The SERVICE SUPPLIER shall advertise and/or offer for contracting its services to the
PLATFORM PROVIDERs user base. Such services include and are limited to the following:
(a) service 1 description
(b) service 2 description
(c) service 3 description
2. The SERVICE SUPPLIER shall offer aforementioned services to the PLATFORM
PROVIDERs user base in the following areas:
(a) area 1
(b) area 2
B. Compliance with Labor Standards and Occupational Health and Safety
1. The SERVICE SUPPLIER guarantees that, in addition to possessing all the necessary and
legal permits for the continuation of its business, it is compliant with the appropriate labor
standards and occupational health and safety precautions as required by Philippine labor laws
and other applicable laws.
C. Capacity to Provide the Services Contracted by the PRINCIPAL USERS of the
PLATFORM PROVIDERs User Base

1. The SERVICE SUPPLIER assures that it has the capacity to provide the aforementioned
services it has enlisted on the PLATFORM PROVIDERs applications offered to the
PLATFORM PROVIDERs User Base.
2. The SERVICE SUPPLIER assures that it is obligated to provide services contracted between
the PRINCIPAL CUSTOMER USER and the SERVICE SUPPLIER transacted over the
PLATFORM PROVIDERs applications.
D. Payment
1. The SERVICE SUPPLIER shall provide accurate price listings for its services enlisted on the
PLATFORM PROVIDERs applications.
2. The PLATFORM PROVIDERs booking fee of seventy Philippine pesos (70.00 PHP) per
transaction shall be added on to the SERVICE SUPPLIERs quoted prices on the PLATFORM
PROVIDERs price listing on its applications.
3. The SERVICE SUPPLIER shall not directly accept payments from the PRINCIPAL
CUSTOMER USER for services transacted on the PLATFORM PROVIDERs applications as
payments for services shall be processed through the PLATFORM PROVIDERs applications
and authorized partners.
4. The PLATFORM PROVIDER shall remit to the SERVICE SUPPLIER, on or before the 30th
of every calendar month, payments made by the PRINCIPAL CUSTOMER USERS to the
SERVICE SUPPLIER, through the PLATFORM PROVIDERs applications, for the services
rendered by the SERVICE SUPPLIER in fulfilment of its obligations arising from contracted
transactions between the PRINCIPAL CUSTOMER USER and the SERVICE SUPPLIER which
were transacted on the PLATFORM PROVIDERs applications.
E. Liabilities
1. The SERVICE SUPPLIER is fully cognizant of the fact that the service contract, for services
engaged through transactions on the PLATFORM PROVIDERs applications, is a contract
between the SERVICE SUPPLIER and the PRINCIPAL CUSTOMER USER only. The
PLATFORM PROVIDER is not a party to the service contract between the SERVICE
SUPPLIER and the PRINCIPAL CUSTOMER USER.
2. The SERVICE SUPPLIER is solely liable for the actions of its employees and authorized
agents understanding that there is no agency relationship nor contractor agreement between the
SERVICE SUPPLIER and the PLATFORM PROVIDER.
3. All costs of performance of the service contract between the SERVICE SUPPLIER and
PRINCIPAL CUSTOMER USER shall be borne by the SERVICE SUPPLIER unless there is an
explicit contract to the contrary. The service price listed on the PLATFORM PROVIDERs
applications do not include taxes applicable to the services sold by the SERVICE SUPPLIER on
the PLATFORM PROVIDERs applications. An amount equal to the appropriate taxes will be
added to the invoice by the PLATFORM PROVIDER where the PLATFORM PROVIDER has
the legal obligation to collect such taxes.

F. Term of Agreement
1. The term of this Agreement shall be for one year from the date hereof, unless sooner
terminated. Termination shall not relieve either party of obligations incurred prior thereto.
2. This Agreement may be terminated only:

(a) By either party for substantial breach of any material provision of this Agreement by
the other, provided due notice has been given to the other of the alleged breach and such
other party has not cured the breach within thirty (30) days thereof; or
(b) By the PLATFORM PROVIDER if: there is an unacceptable change in the control or
management of the SERVICE SUPPLIER; if the SERVICE SUPPLIER ceases to
function as a going concern or makes an assignment for the benefit of creditors; if a
petition in bankruptcy is filed by or against the SERVICE SUPPLIER, resulting in an
adjudication of bankruptcy; or, if the SERVICE SUPPLIER fails to pay its debts as they
become due and provided due notice has been given by the PLATFORM PROVIDER to
the SERVICE SUPPLIER and the SERVICE SUPPLIER has not cured such breach
within thirty (30) days thereof;
(c) By the SERVICE SUPPLIER after six months of commencement of this Agreement,
upon the payment of an early termination penalty of fifteen thousand pesos (15,000.00
PHP) to the PLATFORM PROVIDER and having given to the PLATFORM PROVIDER
thirty (30) days advanced written notice of its intention to so terminate;
(d) Upon termination of this Agreement all further rights and obligations of the parties
shall cease, except that either shall not be relieved of (i) its obligation to pay any monies
due, or to become due, as of or after the date of termination, and (ii) any other obligation
set forth in this Agreement which is to take effect after the date of termination.
G. Applicable Law
1. This agreement shall be governed by the laws of the Republic of the Philippines. The
PLATFORM PROVIDER's rights granted hereby are cumulative and in addition to any rights it
may have at law or equity.
2. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall in no way be affected or
impaired thereby.
3. Parties hereby agree to abide by the terms of this agreement in good faith and resolve to first
submit to arbitration prior to the commencement of suits arising from this agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers as of the date and year indicated above.
PLATFORM PROVIDER
By: ________________________
(Authorized Officer)
SERVICE SUPPLIER
By: ________________________
(Authorized Officer)

Вам также может понравиться