PREAMBLE.
I, whose legal name and true signature appear herein, knowingly prepared, verified, executed this legal document and accept and understand its terms and conditions.
When used herein, the pronouns ‘I, me, mine and my’ and ‘you, yours, and your’ shall refer to the Framer-applicant and Emelino T Maestro, respectively. When both are referenced, the pronoun ‘we, our and us’ is used. The provisions hereof shall also be enforceable and relevant to our staff, authorised representatives and relatives by consanguinity and affinity within the fourth degree.
OBJECTIVE.
To start up, build and maintain my profitable and independent tax practice, I, without mental reservation and purpose of evasion, commit myself and resources to use, promote, protect, sell and market your Brand, lease, occupy and use your Addresses, office spaces and facilities located everywhere in the Philippines, seek, avail and use your intellectual Support, promote, protect and preserve our Integrity, and access, avail and use your Competence. For this purpose, the terms ‘Brand’, ‘Address’, ‘Support’, ‘Integrity’ and ‘Competence’ shall collectively refer to ‘BASIC’. Importantly, I seek for the approval of this Application for Assistance for Individual’s Development (A1D) and Study Now Pay ETM Later (PayETM).
MY OBLIGATION.
To seek, read, study, understand and execute diligently and on time your policy-directions, orders, instructions, decisions, memorandums, rules and regulations which are ordinary and necessary in carrying out your plans and programs and achieve our goals and objectives;
To use, promote, protect, sell, advertise and market your Brand and never to associate myself with or use other Brands that directly compete or are antagonistic to your Brand;
To lease, occupy and use your Address and other facilities and never lease, occupy and use an Address other than your Address and other facilities;
To seek, avail, and use your intellectual Support and furthermore, to prioritise and access the support from your accredited Taxation Professionals;
To promote, protect and preserve our Integrity and never to do an act that will tarnish or blemish your character, image and reputation;
To access, avail and use of your Competence and never to use what I learned for any illegal purposes;
To create, maintain and operate a productive and prolific social media accounts having current and your approved contents;
To conduct my business lawfully and in good faith and best business practices;
To perform my contractual obligations promptly pursuant to agreements by which I am bound;
To avail and secure a loan from you;
To pay habitually and punctually the principal amount of the loan that you had granted unto me; the leased Address and other facilities, and shares from the businesses that we jointly entered into;
To maintain and keep properly and adequately my books of accounts and accounting bookkeeping records in accordance with the Tax Code and permit you to examine such records at your convenient moment;
To discuss with you my business and financial conditions;
To comply, at all times, with the laws, rules, regulations, orders and directives of any governmental authority;
To file a true, correct, complete and timely tax returns, schedules, lists, statements and other reportorial requirements mandated by any government agency and pay the taxes, fees, permits, licenses and other charges due and demandable thereon;
To furnish you with records, statements, returns, reports and other relevant data that you may use to check my compliance with the laws and this Application;
To give you a written notice if an event that will adversely affect this Application or materially damage your BASIC happened or might happen in the nearest future;
To transfer not, neither assign my rights and privileges set forth herein to any person
To inform you of the changes in my contact info; and
To relentlessly pursue with passion all legal acts that will make my business profitable and on-going.
YOUR OBLIGATION.
To allow me to use, promote, protect, sell, advertise and market your Brand;
To permit me to lease, occupy and use your Address;
To help me seek, avail, and use your intellectual Support;
To guide me in accessing, availing and using your Competence;
To treat my data and information strictly private and confidential;
To pay my fees, for the services that I rendered to your clients; and
To inform me of the changes in your contact info.
CONSIDERATION.
For the value of the skills, trainings, workshops, lectures and the likes and access to the lectures provided by the website shown herein, I, by this promissory note, unconditionally promise to pay you the amount (in peso-equivalent) of Eight Thousand USDollars. I understand that I will be developed and honed only as a Tax Bookkeeper and to be given access to the Tax Bookkeeping for (1) Consumer Relations, (2) Supplier Relations, (3) Creditor Relations, (4) Investor Relations, (5) Employee Relations, (6) Government Regulations, and (7) Management Operations, and have to hand over to ETM my initial payment on and the remaining balance of my payment shall be paid within 365 days from the approval-date hereof.
SET-OFF.
In the event that I failed to pay you your due and demandable fees and other charges and the principal amount of the loan that you have granted unto me, I irrevocably appoint and assign you to be my attorney-in-fact, with full power and authority and without prior notice, to set-off or apply my deposits and receivables from any person in payment thereof.
RELATIONSHIP.
I am your independent Contractor. 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 a regular employee of mine.
COMMUNICATIONS.
Our notices shall be sent via provided email addresses. In some instances, the use of SMS, snail mail and call may be permitted.
GOVERNING LAW.
This Application 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. This supersedes and renders void any and all our arrangements and understandings, whether verbal or written, that we have or have not previously entered into and bear the same subject matters and considerations as they are shown herein.
MISCELLANEOUS.
Whether they are written or unwritten, your prescribed policies and procedures, which I acknowledged to be superior to any order, resolution and the likes, shall apply. You are not liable for any misunderstanding, expectation, error, or omission occurring outside hereof except for a written Addendum containing your notarised signature. In any case, your civil liability shall not exceed five thousand Philippine pesos. No alteration, novation, addition and any collateral agreement or contract shall be valid and binding between us without our written consent.
RELEVANCE.
This Application, after signed by both of us, (a) shall be superior to all the contracts having the same subject matter, whether verbal or in writing, that we have or have not entered into; and (b) is not modified by mere acts of tolerance. This Application is confidential between the two of us and shall not be disclosed to any third party without your consent.
VALIDITY.
Without notice or demand, this arrangement is deemed ‘terminated’ if I failed and continue to fail to comply with your requirements, plans and instructions or on the 30th day of the 12th month from signing hereof, whichever comes first. A duly approved and signed copy hereof shall be provided to me.
PAGES/COUNTERPARTS.
This privileged communication has 2 pages and 3 original counterparts.
SIGNATURE.
To attest my faithful compliance with your existing and succeeding policies and procedures and the terms and conditions herein prescribed, I affirm that I knowingly prepared, read, understood this Application and voluntarily enter into its arrangements, by way of printing my legal name and placing herein my true signature.
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ACCEPTED/APPROVED.
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