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ANNEX “A”

SERVICE AGREEMENT

THIS AGREEMENT is made and entered into as of the September 11, 2008 by and
between the ULTRON WEB PAGE DESIGN INTERNATIONAL ("UWPD"), a leading US-
based international web page designer and developer located at DPS Compound Baguio
City and MR. LARRY GANON, an IT specialist based in Baguio.

WHEREAS, UWPD desires to hire Mr. Larry Ganon such services regarding
graphic designs as an independent contractor according to the terms and conditions set
forth herein.

NOW THEREFORE, in consideration of the terms and conditions set forth below
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agrees as follows:

1. SPECIFICATIONS OF WORK.
Mr. Larry Gadon will be assigned tasks as a Graphic Designer for the company
and shall perform such tasks at the best of his knowledge and expertise and by following
the means and methods laid down by the client.

Also the parties agree:

1.1) That Mr. Larry Ganon will be given free time to schedule his work
hours inside the company’s designated workplace as long as he meets the
deadline. That he must use a particular designated company issued
software and hardware to produce the desired output. That he must work
at the office and used the Company issued Computers.

1.2) That the company does not have any control over the independent
contractor.

1.3) That he be paid his contract fee and I addition by commission basis per
project design.

1.4) That UWPD will facilitate only, without any management participation
in the payment of SSS, PAG-IBIG, PHILHEALTH, and TAXES.

1.5) That he be bound by the Rules and Regulations of UWPD and is


subjected to the company’s disciplinary powers.

1.6) That he, while not employed and awaiting engagement, is free to offer
his services to any other employer.

1.7) That the employee will be assigned to carry out a specific project or
undertaking; and the duration and scope of which will be specified in the
project service contract with the client.
1.8) The CONTRACTOR must strictly produce the output before or on the
deadline agreed upon. Grace Period will not be allowed.

2. FEES

2.1 Consideration. In consideration of furnishing the Services, described


herein, Mr. Larry Ganon will be paid a contract fee of One Hundred
Thousand Pesos (P60,000) and on commission basis per project design.
Commission rate stipulated to be at 20%.

2.2 Payment. Commission shall be payable within thirty (30) days of receipt
of invoice.

3. RETURN OF MATERIALS. Upon termination of the activities for UWPD or the


termination of this Agreement, each party will promptly deliver to the other all copies
and embodiments, in whatever form, of Proprietary Information and all other materials
containing any Proprietary Information, which is in such party's possession or control,
no matter where such material is located.

4. OWNERSHIP RIGHTS. Except as expressly set forth on any Statement of Work, all
right, title and interest in and to all products, services and materials provided to UWPD
by Mr. Gadon under this Agreement shall be given to UWPD. Mr. Larry Gadon shall
have no right, title or interest in or to any products, services or materials except as
expressly set forth in this Agreement. UWPD retains shall retain all rights and title to
any and all capital improvements and intellectual property it utilizes or contributes to the
company or as part of the Services.

5. TERM AND TERMINATION.

5.1 This Agreement shall commence on the Effective Date that is September
11, 2008 and continue in full force and effect for two (2) years until
September 11, 2010 and the term of this Agreement may, upon mutual
agreement by the parties, be renewed for additional two (2) years period,
unless terminated as provided herein.

6. INDEPENDENT CONTRACTOR STATUS. It is expressly agreed and understood


between UWPD and Mr. Gadon that the latter is performing the Services hereunder as
an independent contractor and is neither the employee nor the agent of or on behalf of
UWPD.

7. NO WAIVER OR MODIFICATION. This Agreement may not be changed or


terminated rally, and no change, termination or attempted waiver or any of the
provisions hereof shall be binding unless in writing and signed by both parties.

8. CONTINUATION. Neither party shall sell, transfer, assign or subcontract any right or
obligation hereunder without the prior written consent of the other party. Any act in
derogation of the foregoing shall be null and void.
9. SEVERABILITY. Should any provision hereof be deemed, for any reason whatsoever,
to be invalid or inoperative, such provision shall be deemed severable and shall not affect
the force and validity of other provisions of this Agreement.

10. GOVERNING LAW AND EXCLUSIVE JURISDICTION. This Agreement shall be


deemed to be made and entered into pursuant to the internal laws of the Philippines and
for all purposes this Agreement shall be construed and interpreted in accordance with
and be governed by the law of the Philippines.

11. FORCE MAJEURE. Neither UWPD nor Mr. Gadon shall be held responsible for any
delay or failure in performance under this Agreement arising out of causes beyond its
control, or without its fault or negligence. Such causes may include, but are not limited
to, fires, terrorist acts, strikes, embargoes, shortages or supplies of raw materials, or
components or finished goods, acts of God, acts of regulatory agencies or national
disasters.

12. ENTIRE AGREEMENT. The provisions herein constitute the entire agreement
between the parties and supersede all prior agreements, oral or written, and all other
communications between the parties. No term or condition contained in any document
provided by one party to the other party pursuant to this Agreement shall be deemed to
amend, modify, or supersede or take precedence over the terms and conditions contained
herein.

IN WITNESS WHEREOF, the parties acknowledge that each has fully read and
understood this Agreement, and, intending to be legally bound thereby, executed this
Agreement on the date set forth above.

JOLLIN LYKA SHANE DALANAO


CHIEF EXECUTIVE OFFICER
ULTRON WEB PAGE DESIGN INTERNATIONAL

--------AND-------

LARRY GANON
GRAPHIC DESIGNER
ANNEX “B”
August 7, 2019

Mr. Larry Ganon


Web Graphic Designer
Baguio City

NOTICE OF TERMINATION

This notice is to inform you that your employment with ULTRON WEB PAGE DESIGN
INTERNATIONAL will be terminated. This decision is not reversible.

Your employment was terminated for these reasons:

You were tasked to make a promotional multi-media graphic design to our client,
FISTBUK Inc. The contract included a stipulation that you are not allowed to use software
and hardware other than those allowed by the client i.e. FISTBUK’s own software and
hardware. Although you have met the deadline, you violated the said stipulation by
using our company’s software and hardware.
With that, FISTBUK filed a civil case of breached contract that cost us millions of
money and other business opportunities.
As a result, your employment has been terminated.

We would also like to take this opportunity to remind you that, notwithstanding
the termination of your employment with the Company, certain of your obligations
under your employment contract and other agreements that you may have signed during
your employment with the Company continue. These obligations include, but may not
be limited to, obligations of confidentiality and obligations relating to any intellectual
property to which you may have contributed while employed by the Company.
You are given reasonable opportunity to prepare adequately for your defense. This
should be construed as a period of at least five (5) calendar days from receipt of the notice.

Article 282 of the Labor Code laid the grounds for termination by the employer. These
grounds include:

a. Serious misconduct or willful disobedience by the employee of the lawful orders


of his employer or representative in connection with his work.
b. Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative.
c. Other causes analogous to the foregoing such as insubordination.

The above mentioned are the grounds for your termination.

If you have any questions concerning the information contained in this letter, please
contact me directly.

Sincerely,

CHRISTY CHALLOY
Department Head
Human Resource Department
ULTRON WEB PAGE DESIGN INTERNATIONAL
ANNEX “C”
BANIAGA LAWFIRM and ASSOCIATES

CERTIFICATION OF WITHDRAWAL OF COUNSEL

To whom it may concern:

This is to certify that I have been engaged by Client Larry Ganon as counsel to
represent him on a hearing scheduled by his then employee Ultron Webpage Design
International, due to an acclaimed dismissal of service of Larry Ganon. The supposed
hearing was scheduled on the 16th day of August, 2018.

However, three days prior to the scheduled hearing, I have been rushed to the
hospital and was confined due to hypertension. Attached is a copy of the medical
certificate issued by my doctor.

As a result, I have to withdraw my engagement with the client Larry Ganon and
advised him to seek other counsel who may be available to represent him on his case.
Attached is the written notice of withdrawal accepted by client Larry Ganon.

This certification is issued upon request of Larry Ganon for all legal purpose it
may serve.

Given this 13th day of August, 2018 in the City of Baguio, Philippines.

Arnold B. Baniaga
Roll No. 76089
MCLE compliance no. VI-0002368 valid until April 14, 2021
IBP No. 1056817 Baguio -Benguet Chapter 1-10-2015
PTR No. 5013193 La Trinidad, Benguet 1-06-2015
abaniaga12@gmail.comCP. # 0917-162-60-50 / landline # (074) 422-0038
Annex C- Attachment 1
PINES CITY DOCTORS HOSPITAL
Medical Records Division
Magsaysay Avenue, Baguio City

August 14, 2018

MC No: 18-09-13

MEDICAL EXAMINATION CERTIFICATE

To whom it may concern:

This is to certify that I have personally and carefully examined Mr. Arnold
Baniaga, of legal age, and residing at No. 13 Lower Magsaysay, Baguio City, on August
12, 2018 at around 9:00 PM. Said patient was diagnosed for severe hypertension forcing
us to confine him for 3 days. His recorded blood pressure level is 180/120, which is a
critical level capable of leading a patient into stroke if not treated earlier.

I have personally recommended a 7-day rest period, for him to recover enough
strength and to cover series of follow-up checkups. Said checkups are scheduled on the
following dates:

A) First follow-up checkup: August 16, 2018

B) Second follow-up checkup: August 24, 2018

C) Third follow-up checkup: August 30, 2018

The above mentioned schedules are set in consideration of the proper maintenance
of medical and drug administration. Furthermore, said schedules are set to constantly
monitor the blood pressure level and to administer a daily balanced diet.

This certification is issued upon request of the patient for all purposes it may serve.

MA. IMELDA ULEP, MD


PRC Liscense No. 0001796
Annex C- Attachment 2

BANIAGA LAWFIRM and ASSOCIATES

August 13, 2018


In Re: WITHDRAWAL OF COUNSEL

Dear Larry,

Greetings!

It is with sincerest apology to inform you of my intention to withdraw as your


counsel due to health reasons that rendered me unable to continue our engagement.

I have been confined in the hospital due to severe hypertension and will most
probably not able to represent you in your entire case. As a result, I advise you to seek
other counsel that may represent you. I will be recommending some of my known Co-
Lawyers whom you can consult with.

 Andre Ignacio- Rm 301, Laperal Bldg, Session Road, Baguio City


 Charlene Mendoza- Rm 112, EDNCP Bldg, Magsaysay Ave. Baguio City.
 Conrad Akistal- JBT Bldg., Km 4, La Trinidad, Benguet.
 John A. Esteban- Trading Post Bldg., Km 5, La Trinidad, Benguet.

You may approach any of them at your convenience as I have already informed
them regarding your case.

I do hope for your understanding.

Sincerely,

Arnold B. Baniaga

Noted and accepted by:

Larry Ganon
Client
ANNEX “D”

CHRISTY CHALLOY
Department Head
Human Resource Department
ULTRON WEB PAGE DESIGN INTERNATIONAL

August 14, 2018

Dear Maam Chaloy,

I am writing to sincerely request for an extension or re-scheduling of our hearing


on August 16, 2108.

My counsel who was supposed to represent me was hospitalized due to


hypertension. As a result, he withdrawn from our engagement and I am now on the
process of finding another suitable lawyer that may represent me.

I do hope for your consideration and understanding

Sincerely,

Larry Ganon
ANNEX “E”

Larry Ganon
La Trinidad, Benguet

August 15, 2018

Dear Mr. Ganon

Greetings!

This is to inform you that your request for re-scheduling of hearing has not been
granted by the Board of Directors. Much as we wanted to consider your circumstances,
regrettably, we are already confined with several engagements and meetings in the
following days. We are already bounded and cannot cancel other commitments as we
will also be jeopardized.

As such, we are forced to maintain the said schedule and continue the said hearing
as planned. We advise you therefore to immediately secure or seek the Public Attorney’s
office’s help, as they may be able to instantly provide a counsel for you.

We do hope for your understanding and we look forward for your presence
together with a counsel on August 16, 2018.

Yours Truly,

CHRISTY CHALLOY
Department Head
Human Resource Department
ULTRON WEB PAGE DESIGN INTERNATIONAL
ANNEX “F”
EXHIBIT A: DESIRED OUTPUT

Description:

Printed promotional Graphic design output of Fistbuk International using the


software and hardware of Ultron Web Page Design International.
EXHIBIT B: DEFFECTIVE OUTPUT

Description:
Five deviations as shown in the above exhibit will occur if the software and
hardware of Fistbuk will be used. These deviations are inherently devious and can totally
affect the entire graphics system of the promotional design.

Certified true and correct:


LARRY GANON
Project-in charge

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