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Terms Of Business Agreement for Philippines

Terms Of Business Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that establishes the fundamental terms and conditions for business relationships between parties. This agreement outlines the rights, obligations, and responsibilities of both the service provider and the client, incorporating key provisions required under Philippine commercial law, including the Civil Code of the Philippines and the E-commerce Act. The document addresses essential aspects such as service delivery, payment terms, confidentiality, data protection, dispute resolution, and liability limitations, while ensuring compliance with local regulatory requirements and business practices.

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Terms Of Business Agreement

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What is a Terms Of Business Agreement?

The Terms of Business Agreement serves as a foundational document for establishing and maintaining business relationships in the Philippine context. This document is essential when companies or individuals provide ongoing services or enter into regular business transactions with clients. The agreement, governed by Philippine law, particularly the Civil Code of the Philippines and related commercial legislation, outlines the framework for service delivery, payment terms, and mutual obligations. It includes provisions for data protection compliance, dispute resolution mechanisms, and risk allocation between parties. The Terms of Business Agreement is particularly crucial in the Philippine business environment, where it helps establish clear expectations and protections for both parties while ensuring compliance with local regulatory requirements, including consumer protection laws and electronic commerce regulations.

What sections should be included in a Terms Of Business Agreement?

1. Parties: Identifies and provides full details of all parties to the agreement, including registration numbers, addresses, and authorized representatives

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Services: Detailed description of the services or products to be provided under the agreement

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Payment Terms: Pricing, payment schedules, invoicing procedures, and payment methods

7. Obligations of the Service Provider: Detailed responsibilities and commitments of the service provider

8. Client Obligations: Responsibilities and commitments required from the client

9. Confidentiality: Provisions protecting confidential information and trade secrets

10. Data Protection: Compliance with Philippine Data Privacy Act and data handling procedures

11. Intellectual Property: Ownership and usage rights of intellectual property

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Force Majeure: Provisions for unforeseeable circumstances preventing performance

14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

15. General Provisions: Standard legal clauses including notices, amendments, assignment, and severability

What sections are optional to include in a Terms Of Business Agreement?

1. Service Levels: Detailed service level agreements and performance metrics - include when specific performance standards need to be maintained

2. Insurance: Insurance requirements and coverage details - include for high-risk services or when required by industry regulations

3. Compliance with Laws: Specific regulatory compliance requirements - include when operating in regulated industries

4. Anti-Corruption: Anti-bribery and corruption provisions - include when dealing with government entities or international business

5. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

6. Change Control: Procedures for managing changes to services or terms - include for complex or long-term arrangements

7. Warranties: Specific warranties and representations - include for product-based services or specialized professional services

8. Security Requirements: IT and physical security requirements - include when handling sensitive data or accessing client facilities

What schedules should be included in a Terms Of Business Agreement?

1. Schedule 1 - Service Description: Detailed specifications of services or products

2. Schedule 2 - Pricing and Payment Terms: Detailed fee structure, rates, and payment conditions

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Key Personnel: Details of key staff members and their roles

5. Schedule 5 - Data Processing Requirements: Specific data handling and privacy requirements

6. Appendix A - Contact Details: Contact information for key personnel and authorized representatives

7. Appendix B - Required Forms: Standard forms and templates used in the business relationship

8. Appendix C - Technical Requirements: Technical specifications and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

抖阴视频

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions










Clauses








































Relevant Industries

Professional Services

Information Technology

Financial Services

Consulting

Manufacturing

Retail

Healthcare

Education

Construction

Telecommunications

Business Process Outsourcing

Legal Services

Marketing and Advertising

Real Estate

Relevant Teams

Legal

Business Development

Commercial

Operations

Sales

Procurement

Compliance

Risk Management

Finance

Client Services

Account Management

Executive Leadership

Relevant Roles

Legal Counsel

Business Development Manager

Chief Executive Officer

Commercial Director

Contracts Manager

Chief Operating Officer

Procurement Manager

Sales Director

Account Manager

Compliance Officer

Risk Manager

Chief Financial Officer

Operations Manager

Project Manager

General Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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