This Standard Terms of Contract template is designed to provide businesses operating in the Philippines with a robust legal framework for their commercial relationships. It is particularly useful for companies that engage in repeated transactions with multiple customers or clients and need a standardized approach to contractual relationships. The document incorporates requirements from key Philippine legislation including the Civil Code, Consumer Act, E-commerce Act, and Data Privacy Act, ensuring comprehensive legal compliance while maintaining commercial practicality. The Standard Terms of Contract can be customized for various business contexts while maintaining core protections and obligations that are essential for business operations in the Philippine jurisdiction.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Brief context explaining the purpose and intent of establishing these standard terms
3. Definitions: Clear definitions of key terms used throughout the contract
4. Scope of Application: Clear statement of when and how these standard terms apply
5. Formation of Contract: Process and requirements for contract formation and acceptance of terms
6. Rights and Obligations: Core rights and obligations of both parties
7. Payment Terms: Details of pricing, payment methods, terms, and conditions
8. Delivery and Performance: Terms relating to delivery of goods or performance of services
9. Warranties and Representations: Standard warranties and representations made by each party
10. Limitation of Liability: Limitations and exclusions of liability compliant with Philippine law
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when the contract involves use of intellectual property, software, or creative works
2. Data Protection: Include when personal data processing is involved, ensuring compliance with the Data Privacy Act
3. Force Majeure: Include when dealing with goods or services that might be affected by extraordinary circumstances
4. Insurance: Include when specific insurance requirements need to be maintained by either party
5. Confidentiality: Include when sensitive business information will be exchanged
6. Assignment and Subcontracting: Include when there's a need to control transfer of rights or delegation of duties
7. Dispute Resolution: Include when specific alternative dispute resolution mechanisms are preferred
1. Schedule 1 - Price List: Detailed pricing structure and rates
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service levels if applicable
3. Schedule 3 - Data Processing Agreement: Details of data processing activities and compliance requirements
4. Schedule 4 - Technical Specifications: Technical requirements or specifications for goods or services
5. Appendix A - Forms and Templates: Standard forms for ordering, acceptance, or other routine processes
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Professional Services
Manufacturing
Technology
Construction
Healthcare
Financial Services
Hospitality
Telecommunications
Logistics
Real Estate
Relevant Teams
Legal
Compliance
Sales
Operations
Business Development
Risk Management
Commercial
Procurement
Customer Service
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Sales Director
Operations Manager
Compliance Officer
Risk Manager
Commercial Director
General Manager
Chief Legal Officer
Chief Operating Officer
Procurement Manager
Account Manager
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