TITLE. This shall be known and referred to as your ‘APPLICATION FOR STUDY NOW, PAY LATER PROGRAM’. Please read and understand its terms and conditions.
PARTIES. This special arrangement shall be valid, binding and enforceable by and between the Applicant and EMELINO T MAESTRO. Wherein both parties are referenced, the term "we, us, our" shall be applied. Also, our respective employees and sub-contractors who are directly involved herein shall be covered by the provisions hereof.
STUDY NOW PAY LATER PLAN. You represent yourself as a deserving individual who should be allowed and given the privilege to have access, learn and profit from some of my Proprietary Marks and Methods. Furthermore, you represent yourself as a very honest and industrious individual who is willing to complete with high degree of commitment and dedication the area of your chosen expertise. In deed, you promised, in the name of the Almighty God and under the pains of the laws of the Republic of the Philippines, that you will extraordinarily comply with the rules and provisions required under this agreement and conform to my verbal instructions, policy directions and decisions without complain and delay. Thus, you shall follow diligently the payment plan shown hereunder.
INITIAL PAY. The InitialPay shall be paid on the tenth (10th) day before the start of the chosen program.
CHARGE2PF. The Charge2PF refers to the seminar fee that will be deducted from your share in the business profit that either or both of us had generated.
MONTHLY PAY. The MonthlyPay shall be paid within the first (1st) week of month in which the session shall be held without delay or the need of demand and even if you will not attend a scheduled session. Hence, when the amount of the Charge2PF has exceeded the MonthlyPay due, you are exempted to remit to me the appropriate MonthlyPay. For this purpose, you authorise me to get the amount attributable to the said Charge2PF from the custodian of your professional fee.
DEFAULT. Your failure to settle timely the InitialPay and the MonthlyPay shall disqualify you to the privileges set forth herein.
NON-REFUNDABLE. The InitialPay and MonthlyPay are paid in consideration for allowing you to attend the program that you have knowingly enrolled in. I have no obligation to refund any fee in whole or in part for any reason.
TAXES AND BIR FORMS. The 15% expanded withholding tax and 12% value-added tax are for your account. You must withhold and remit them accordingly. The release of my Certificate of Tax Withheld shall coincide with your income payment. If you prefer that these taxes shall be included in my seminar fee, please hand the said amounts to me so that I can remit them directly to the Bureau of Internal Revenue.
NON-TRANSFERABLE. You are not permitted to or cannot sell, mortgage, donate or transfer the privileges and obligations set forth herein to any individual whatever your reasons are.
RELATIONSHIP. You are my student and an independent individual. Nothing contained herein shall create an employee-employer, principal-agent or any other fiduciary relationship, partnership or joint venture. You are not entitled to worker's compensation, retirement, insurance or other benefits afforded to my employees. Moreover, you have no authority to act for, or on my behalf, or to represent me, or bind me in any manner unless to the contrary, a separate contract clearly showing our signatures had been executed.
NON-COMPETITION. From today until you have fully paid the seminar fee, you will not, directly or indirectly, anywhere in any territory, engage in any business/activity that competes with or is antagonistic to that of the business/activity that your chosen program is intended to. However, it doesn’t cover your existing clientele whose names, postal and email addresses, mobile numbers and TINs are correctly and completely shown in the list attached hereto.
NON-SOLICITATION. From today until you have fully paid the seminar fee, you will not, directly or indirectly, solicit or attempt to solicit any business from my respective customers, vendors and prospects with whom I had a material contact. Furthermore, you will not, directly or indirectly, on your own behalf or on behalf of or in conjunction with any individual, person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of my non-clerical employees with whom I had personal contact or supervised to terminate their employment or contract with me.
ADVERTISING AND PROMOTION. To help you start a business of your own, you are required to create as soon as possible a social media account in Facebook, Instagram, Blogspot, YouTube and the likes, email account, and a website and make yourself be a member immediately of so many social groups. The social-media name that you have to use must be associated with taxation. Initially, you should share, re-post, email and do everything necessary and ordinary to the posts, vlogs, blogs, announcements and adverts shown in my Kataxpayer Fan Page @ Facebook, EmelinoTMaestro @ YouTube and EmelinoTMaestro @ Blogspot. Finally, you have, by the parameters to be set up later on, create your own marketing plans and tools in order to reach your potential power, markets and clients.
LECTURES. We will meet at least twice a month. You will be grouped together and given a relevant assignments that will be discussed in front of the class. On-video lectures may also be made available and accessible to you. Workshops that will develop you to be conscious, confident, courageous and competent in handling the opportunities and challenges presented before you by a potential client will be pursued strictly. During the duration of this arrangement, you may seek my advise (via Facebook Chat) on matters related to the furtherance of your business and pursuit of being a Taxation Professional.
DOCUMENTARY REQUIREMENTS. You have attached herewith the photocopies of your Philippine passport, two (2) government issued IDs, a recently filed tax return and BIR Certificate of Registration.
PROPRIETARY INTEREST AND PRIVILEGED COMMUNICATION. They include any information disclosed by either of us to one of us in writing and marked “confidential/privileged" or disclosed orally and, within five business days, reduced to writing and marked “confidential/privileged“ but will not include any information that is or becomes known to the general public, which is already in our respective possessions prior to disclosure by or which is independently developed by either of us without the use hereof. They also include the ‘Third Party’s Data’ containing his customers’, suppliers’ and employees’ data and information.
USE. We will not share any proprietary interest and privileged communication or any Third Party's Data with any unrelated parties unless we (i) mutually agree that the specified information shall be used for legal purposes and will not in any way damage the owner thereof; (ii) conclude that it is required by law or have a good faith belief that access, preservation or disclosure of the specified information is reasonably necessary to protect the rights, property or safety of our business interests, its users or the public and also for the furtherance of our respective territorial jurisdiction and scope of services; or (iii) provide the specified information in certain limited circumstances to third parties to carry out tasks on our behalf with strict restrictions that prevent such information from being used or shared except as I directed. When this is done, it is subject to an agreement that obliges those parties to process the specified information only on my instructions and in compliance herewith and other appropriate confidentiality and security measures. You recognise that your success or failure as it is contemplated hereof depends largely upon your ability to copy and apply the process and procedures to be undertaken in my program and your acumen as an independent individual including the economic conditions outside of the control of either of us. Your videos and written testimonials, verbal stories and the likes may be used as my adverts.
NON-DIVERSION. Forever, you shall not divert or attempt to divert my information to any competitor, or do or perform any act injurious or prejudicial to the goodwill associated with my Proprietary Marks and Methods.
INDEMNIFICATION. To the extent permitted by the applicable law, you will indemnify, hold harmless and defend me and those who worked under my supervision, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against this arrangement or any of my officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by me or any of my officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition hereof, (ii) your violations of applicable laws, rules or regulations in connection herewith, (iii) any representations and warranties made by you concerning any aspect hereof; and (iv) all claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of any information specified herein. Within 24 hours, we will provide either of us with a written notice of any claim, suit or action and cooperate as fully as reasonably required in the defense of any claim arising from this arrangement.
COMMUNICATIONS. Our notices shall be sent via provided email addresses. In some instances, the use of SMS, snail mail and call may be permitted.
MARKETING TOOLS. You have to sell yourself as a product and follow these five (5) simple marketing tools; (1) Begin with God (Pray), (2) Know your product (Benefits to others), (3) See a lot of people (Advertise), (4) Ask all of them to buy your produce (Sell), and (5) Use your common sense (Think).
CLIENTELE. Until you have paid your obligations to me in full, all of your dealings and legal transactions to every client, customer and consumer shall be under the name of ETM Tax Agent Office (ETM-TAO), Inc (for escrow purposes only). The proposals and contracts to be provided thereto shall be reviewed and approved by its authorised representatives. Upon the full payment of your obligations to me, these clients shall be turned over to you within fifteen (15) days therefrom.
MISCELLANEOUS. Whether they are written or unwritten, my prescribed policies and procedures, which you acknowledged to be superior to any order, resolution and the likes, shall apply. I am not liable for any misunderstanding, expectation, error, or omission occurring outside hereof except for a written Addendum containing my notarised signature. You are not eligible for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of the arrangement including the loss of business, revenue, profit, use, data or other economic advantage, however it arises, whether for breach or in tort, whether or not you are advised of the possibility of such damage. In any case, my civil liability shall not exceed fifty thousand Philippine pesos.
GOVERNING LAW. This arrangement shall be subject to and governed by the laws of the Republic of the Philippines and their implementing rules and regulations. Furthermore, any court in the National Judicial Region shall have the exclusive jurisdiction over any conflict that may arise hereof. Judicial, accounting, legal and other fees associated herewith shall be for your account.
VALIDITY. This arrangement shall be superior to all types of contracts having the same subject matter that we have or have not entered into, or whether or not they are in writing; and is not automatically modified by my mere acts of tolerance.
LEGALITY. You attest/affirm that by your own deed, you knowingly execute and voluntarily enter into this arrangement.
SIGNATURE. Under the column ‘YOU’, please place inside the identified boxes the needed data. Without mental reservation and purpose of evasion, our signatures shall attest our strict compliance with the terms and conditions herein set forth.
YOU
|
ME
|
TIN
|
129-596-230
|
DATE/TIME
|
|
SIGNATURE
|
|
LEGAL NAME
|
Emelino T Maestro
|
ADDRESS
|
Unit 419, Corporate 101 Mother Ignacia, Quezon City
|
EMAIL
|
|
Mobile
|
0998 9793922
|
Choice (Program Number)
|
0917 8610550
|
PAGES/COUNTERPARTS. This privileged communication has 4 pages and 3 original counterparts.
-end-
Program*
|
Duration
|
Fee
|
IP**
|
MP***
|
101
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
102
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
103
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
201
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
301
|
1 year |
₱ 120,000 |
₱ 10,000 |
₱ 4,000 |
401
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
402
|
3 months |
₱ 30,000 |
₱ 5,000 |
₱ 2,000 |
403
|
1 year |
₱ 100,000 |
₱ 10,000 |
₱ 4,000 |
404
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
405
|
6 months |
₱ 50,000 |
₱ 5,000 |
₱ 2,000 |
406
|
3 months |
₱ 30,000 |
₱ 5,000 |
₱ 2,000 |
501
|
1 year |
₱ 120,000 |
₱ 10,000 |
₱ 4,000 |
**InitialPay
***MonthlyPay
*Tax Specialist Program
101 - Tax Documentation Specialist
102 - Tax Accounting Bookkeeper
103 - Tax Preparer
201 - Tax Examiner
301 - Wealth Protection & Estate Planning Specialist
401 - Letter of Authority Specialist
402 - Benchmarking Specialist
403 - Oplan Kandado Specialist
404 - Subpoena Duces Tecum Specialist
405 - Letter Notice Specialist
406 - Tax Mapping Specialist
501 - Tax Deficiency Reduction Specialist
