Professional Documents
Culture Documents
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.
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.
1.6) 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
2.2 Payment. Commission shall be payable within thirty (30) days of receipt
of invoice.
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.
5.1 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.
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.
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.
--------AND-------
LARRY GANON
GRAPHIC DESIGNER
ANNEX “B”
August 7, 2019
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.
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:
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
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
MC No: 18-09-13
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:
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.
Dear Larry,
Greetings!
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.
You may approach any of them at your convenience as I have already informed
them regarding your case.
Sincerely,
Arnold B. Baniaga
Larry Ganon
Client
ANNEX “D”
CHRISTY CHALLOY
Department Head
Human Resource Department
ULTRON WEB PAGE DESIGN INTERNATIONAL
Sincerely,
Larry Ganon
ANNEX “E”
Larry Ganon
La Trinidad, Benguet
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:
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.