DESCRIPTION OF SERVICES: During the period of your engagement under this Agreement you agree to perform your services as Lead Generation Virtual Assistant, in relation to the Project on an exclusive basis and any such services as may from time to time be reasonably required by the Company in connection with your engagement.
HOURS OF WORK: Your remuneration takes into account the actual hours of work will be as agreed from time to time with the Company.
BENEFITS AND REMUNERATION: In consideration for rendering your services to the Company in relation to the Project, the Company agrees to pay you on the following terms and benefits inclusive.
An $8/hour based on the FVA Website rates, 10-15 hours weekly for the first month, and eventually increases upon request of the client. A time tracker is required for the duration of the task.
The percentage rate indicated below will be the amount the VA will get from the monthly income rate, payable to you at every end of the month.
* 1-6 months – 50%
* 7-12 months – 60% (with PhilHealth assistance)
* 13-24 month – 70% (with PhilHealth, and SSS assistance)
* 25 months on wards – 70% (with PhilHealth, SSS, Pag-ibig and HMO assistance)
It is agreed and acknowledged between the parties that your remuneration includes an amount equal to sums that are payable to you in lieu of any holiday time not taken by you during the period of your engagement under this Agreement. In addition, you acknowledge that the assignment to the Company of all rights to the products of the services in paragraph 10 below constitutes a complete so-called “buyout” of all rights in the products of the services.
DUTIES: You will efficiently and diligently perform such duties from time to time as may be reasonably assigned to you and to the best of your ability and ensure that the goodwill of the Company is maintained.
EXCLUSIVITY: During the period of your engagement with the Company you agree not to render any services of any nature whatsoever including, but not by way of limitation, to any other individual, firm or company without the prior consent in writing of the Company.
PLACE OF WORK: Your normal place of work is Online.
TERMINATION: The Company shall have the right but not the obligation to terminate this Agreement by summary notice in writing to you if you are incapacitated from rendering the services hereunder on the days the Company requires the services hereunder or if you commit a material breach of any obligation set out in this Agreement or commit any act or omission which prejudices the production or exploitation of the Project or at any time by providing you with one week’s prior written notice. If this Agreement is terminated under this paragraph 7, the Company’s liability to you shall be limited to the payment of fees and expenses payable under this Agreement in respect of services provided by you up to the date of termination.
HOLIDAYS: You have agreed that you shall not take any holidays in addition to any statutory holidays falling during the period of your engagement under this Agreement. You agree and acknowledge that you will be entitled to receive pay in lieu of holiday in relation to the period of your employment under this Agreement and that such payment in lieu has been included in the amount of the salary set out in paragraph 3 above.
COPYRIGHT: You hereby assign to the Company with full title guarantee by way of present assignment of present and future copyright the entire copyright and all other rights whatsoever in the product of the services rendered by you under this Agreement in relation to the Project and any additional services rendered by you pursuant to this Agreement together with the copyright and all other rights in and to any material written or contributed by you relating to the Project throughout for all purposes for all media whether now known or hereafter invented and for the full period of copyright and all renewals and extensions and you acknowledge that all rights in the product of your services and any other services rendered by you in relation to the Project shall belong to the Company absolutely. You also irrevocably waive all moral rights in and to the products of your services in relation to the Project and you acknowledge that the Company shall be free to use, change, edit and otherwise deal with the same as the Company thinks fit in the Company’s absolute discretion.
WARRANTIES: You warrant that you are free to enter into this Agreement and assign to the Company the rights assigned to it under this Agreement. You also warrant that the services provided by you are and shall be original to you and that you are the sole author of the products of your services under this Agreement. You further warrant that the rights assigned by you under this Agreement have not been granted, transferred or encumbered in any way and that you are free to assign to the Company the rights so assigned. You also agreed not to disclose any arrangements, terms, the rates, and payment agreed between you as a freelancer and the company, the FVA, to the client.
CONFIDENTIALITY AND GOOD FAITH:
11.1 The Company attaches great importance to confidentiality. Information acquired during the course of your duties in relation to the activities of the Company, its members or its affiliates should at all times be treated as highly confidential. Confidential information shall include but is not limited to information relating to the business and affairs of the Company, its members or its affiliates including but not limited to information held by way of client database, terms of business, information relating to business development, plans and strategies, marketing plans and projects and financial and other information of both the Company, its members and their constituent members.
11.2 Confidential information must be neither discussed outside work at any time or disclosed to others nor are you allowed to otherwise make use of any other confidential information with which you have been entrusted or have gained in the course of your engagement. This applies during your services with the Company and for two (2) years after expiry or termination of this Agreement for whatever reason. You will also use your best endeavors to prevent the publication or disclosure of any such confidential information by any third party. Unauthorized disclosure of confidential information will be regarded as sufficiently serious to justify summary dismissal.
11.3 You agree during the period of your engagement with the Company not to write for publication or comment in public about any aspect of the Company’s business or the business of any of its members or their constituent members without the prior consent in writing of the Company.
12. GOVERNING LAW: This Agreement shall be governed by, and construed in accordance with, Philippine laws, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
I should be grateful if you would sign and return the enclosed copy of this Agreement as your formal acceptance of employment.
Julmar Grace U. Locsin
FVA Business Consultancy
May 10, 2019
Agreed and Accepted by:
Sheila Marie Garcia
May 10, 2019
Please fill-out this form to confirm that you agree with the Terms and Conditions of this Agreement. This serves as your digital signature.