General Terms Of Contract Template for Philippines

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Key Requirements PROMPT example:

General Terms Of Contract

"I need General Terms of Contract for my software development company based in Manila, specifically addressing cloud services and data privacy compliance, to be used as standard terms with all our clients starting January 2025."

Document background
General Terms of Contract serve as a foundational document for establishing business relationships in the Philippine context. This document is typically used when organizations need to standardize their contractual relationships with multiple parties, providing a consistent framework that complies with Philippine law while remaining adaptable to various commercial scenarios. It incorporates essential elements required by the Philippine Civil Code, consumer protection laws, and other relevant legislation, while addressing modern business needs such as electronic transactions and data privacy. The terms are designed to be supplemented by specific commercial terms while maintaining a standard approach to common contractual elements such as liability, confidentiality, and dispute resolution.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including their legal capacity to contract

2. Background: Context of the agreement and general purpose of the contractual relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Agreement: Clear outline of what is covered under these general terms

5. Term and Duration: Period of effectiveness and renewal provisions

6. Rights and Obligations: Core responsibilities and rights of each party

7. Payment Terms: General provisions regarding pricing, payment methods, and timing

8. Representations and Warranties: Standard assurances and promises made by each party

9. Confidentiality: Protection of confidential information and trade secrets

10. Limitation of Liability: Boundaries of each party's liability and any caps on damages

11. Force Majeure: Provisions for unforeseen circumstances and their impact on obligations

12. Termination: Grounds and procedures for ending the agreement

13. Governing Law: Specification of Philippine law as governing law and jurisdiction

14. Dispute Resolution: Process for resolving disagreements and conflicts

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Include when deal involves IP, software, or creative works

2. Data Protection: Include when personal data processing is involved, ensuring compliance with Data Privacy Act

3. Insurance: Include when specific insurance requirements need to be maintained

4. Compliance with Laws: Include when specific regulatory compliance needs emphasis

5. Assignment and Subcontracting: Include when transfer of rights or delegation of duties needs to be addressed

6. Change Control: Include when services or deliverables may need modification during the term

7. Service Levels: Include when performance metrics need to be established

8. Audit Rights: Include when one party needs right to audit the other's compliance

Suggested Schedules

1. Schedule 1 - Pricing Schedule: Detailed breakdown of prices, rates, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of services or products covered

3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria

4. Schedule 4 - Contact Details: Key contact persons and escalation matrix

5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data if applicable

6. Appendix A - Technical Requirements: Technical specifications or requirements

7. Appendix B - Form of Change Order: Template for documenting changes to scope or terms

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Manufacturing

Retail

Professional Services

Construction

Healthcare

Financial Services

Telecommunications

Education

E-commerce

Logistics

Real Estate

Consulting

Business Process Outsourcing

Relevant Teams

Legal

Procurement

Commercial

Operations

Sales

Compliance

Risk Management

Finance

Business Development

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Commercial Director

Procurement Manager

Business Development Manager

Chief Legal Officer

Compliance Officer

Risk Manager

Operations Manager

Sales Director

Account Manager

Chief Executive Officer

Chief Financial Officer

Project Manager

Vendor Relations 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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