Professional Documents
Culture Documents
- and -
WITNESSETH: THAT -
I. COLLARFINDER’S RESPONSIBILITIES
Typically, the complete search process requires at least 30 working days from the time
search started until the successful candidate/s is/are selected. However, COLLARFINDER is
committed to submit a short list of candidates within 3 to 5 working days from the time the
search is approved by the CLIENT.
Should the engagement not be completed within this period, COLLARFINDER shall
apprise the CLIENT of the situation and determine the appropriate course of action.
To avoid duplication of effort, the CLIENT has to inform COLLARFINDER if the candidate
endorsed is in the database of the CLIENT within one (1) working day. This will relieve the
CLIENT of the burden of responding to such individuals and allow COLLARFINDER to
incorporate these candidates into the screening process.
5. Presenting Candidates
For each candidate recommended for the position, COLLARFINDER shall submit to the
CLIENT written interview summaries together with the candidates’ resume. COLLARFINDER
shall arrange client-candidate meetings and participate in, if requested, to ensure that
optimum information is exchanged during this meeting.
6. Reference Checking
If requested, COLLARFINDER shall conduct reference checks to provide insights into the
personal and professional style and attributes of the candidates and also validate the
accomplishments they cited. COLLARFINDER’S findings shall be reported to the CLIENT in
writing.
To protect the candidate and maintain confidentiality in the search process, reference
checks shall be conducted only during the latter stages of the search process, or at the time
an offer is made to a candidate. In this case, COLLARFINDER recommends that the offer be
made contingent upon satisfactory reference checks.
In the unlikely event that the candidate recruited as a result of this engagement is
separated, voluntarily or involuntarily, from the client three (3) months from the date of
employment, COLLARFINDER will conduct another one (1) time search for the position for
no additional professional fee. However, any out of-pocket expenses as discussed in section
2, part 3 below shall be charged.
This assumes that separation is not the result of, or in connection with, reorganization,
merger or acquisition, redundancy, retrenchment, implementation or labor-saving schemes,
changes in resource allocation, role and/or reporting relationship, illness or death.
10. Evaluation
In an ongoing effort to enhance the service COLLARFINDER provides to its clients,
COLLARFINDER maintains an active quality assurance and improvement program. At the
conclusion of this assignment, COLLARFINDER shall ask the CLIENT to comment on various
aspects of COLLARFINDER’S performance during the course of the search.
3. Communication
Provide timely feedback on all information, recommendations and requests, channeling
all communications to COLLARFINDER.
1. Fee Structure
COLLARFINDER’S standard professional fee for conducting the search shall be fifteen
(15%) percent of candidate’s annual gross salary including fixed bonuses and allowances.
The 12% value-added tax shall be added and will be for the account of the CLIENT.
The Agreement shall be deemed valid for a period of one (1) year from date of signing.
However, should the CLIENT seek to extend the services, the said agreement may be
renewed upon agreement of the parties.
On the other hand, if the CLIENT wishes to terminate COLLARFINDER’S services during
the Agreement period, the CLIENT shall give a 30- day advance notice prior to desire effective
date.
The parties agree that there is no partnership or other relationship in which a Party has or
has had any interest in the business or affairs or assets of the other Parties or their Affiliates.
No Party is the agent of the other and no Party is authorized to take any action on behalf of the
other, except as expressly set forth herein.
3. Events of Default
In the event that the CLIENT defaults in the payment of any amount due hereunder for a
period exceeding thirty (30) days, or in the event of any default in or breach of the terms of this
Agreement, or if the CLIENT becomes insolvent or if valid bankruptcy or receivership
proceedings are initiated by or against the CLIENT, COLLARFINDER shall have the right to
terminate this Agreement. Upon such termination, all amounts that would have been due and
demandable for the entire Agreement shall immediately be due and demandable to
COLLARFINDER. The CLIENT shall be liable for any legal fees incurred by COLLARFINDER
in connection with the collection of any amounts due COLLARFINDER hereunder.
4. Force Majeure
Neither party shall be responsible for any failure or delay in complying with the terms of
this Agreement where such failure or delay is due to force majeure.
5. Limitation on Damages
In no event shall COLLARFINDER be liable to any party for direct, indirect, special or
other consequential or incidental damages arising directly or indirectly from this Agreement
including but not limited to any lost profits.
6. Waiver
The failure of COLLARFINDER to insist upon a strict performance of any of the terms,
conditions and covenants hereof shall not be deemed a relinquishment or waiver of any of the
rights or remedies that COLLARFINDER may have, nor shall it be construed as a waiver of
any subsequent breach or default of its terms, conditions and covenants which shall continue
to be in full force and effect. No waiver by COLLARFINDER of its rights under this Agreement
shall be deemed to have been made unless expressed in writing and signed by
COLLARFINDER.
7. Severability
If one or more provisions of this Agreement shall be held invalid, illegal or unenforceable,
the remaining provisions shall remain in, and shall be given, full force and effect.
8. Amendments
This Agreement constitutes the entire agreement between the parties and shall be
modified only in writing and signed by both parties.
9. Jurisdiction
In case of any dispute arising in connection with this Agreement, the parties hereby agree that
the venue for the settlement of the dispute shall fall exclusively within the jurisdiction of the proper
courts in the City of Makati, Philippines.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Muntinlupa, personally appeared the following
persons, with their respective competent evidence of identity as follows:
1. Hernard C. Honcolada
2. Kristine Jane M. Manalastas
All whom I have identified through competent evidence of identity and who represented to me that their
respective signatures on the foregoing instrument were voluntarily affixed by them for the purposes stated
in the instrument and who declared that they have executed the foregoing instrument as their free and
voluntary act and deed.
This Instrument consists of only five (5) pages, including this page in which this acknowledgment
is written, duly signed by the parties and their instrumental witnesses on each and every page hereof.
NOTARY PUBLIC