www.Indcareers.in Online Recruitment Marketplace - Terms of Business
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document together with the documents it refers to tells you the Terms under which you may make use of the Marketplace Services provided via Our Site. Please read these Terms carefully before you make use of the Marketplace Services.
By registering to access the Marketplace you agree to be bound by these Terms. These Terms shall apply each time you use our Marketplace Services (unless otherwise agreed in writing) and shall prevail over any inconsistent terms or conditions contained, or referred to, in your standard terms of business or any other document supplied by you, or implied by law, industry custom, practice or course of dealing. In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail. We reserve the right to change these Terms at any time without notice, by posting changes online. You are responsible for checking these Terms every time that you access the Marketplace, in order
ensure that you are aware of any changes. Your continued access to and use of the
Marketplace, after changes are posted, constitutes your acceptance of the amended Terms.
By accepting these Terms you warrant that you have full capacity and authority to enter into and perform an agreement with us to use the Marketplace Services, and are duly authorised to bind the party for whom you act. You should print a copy of these Terms for future reference.
Please read these Terms carefully and, in particular, those terms which relate to your role
(e.g. Recruiter or Employer).
“User” shall mean any natural or legal person who has agreed to become a Employer on the Website by providing Registration Data while registering on the Website as
Registered User using the computer systems. Indcareers.in allows the User to surf
the Website or making purchases without registering on the Website. The term “We”,
“Us”, “Our” shall mean Indcareers.in
OBLIGATIONS OF THE EMPLOYER
The Employer agrees to notify Us immediately when an offer of employment has been accepted by a Candidate in order for Us to raise the correct invoice for the Placement Fee. The Employer shall satisfy itself as to the suitability of any Candidate for the purposes of the Vacancy for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Employer that it is for the Employer to take up references, to check the truthfulness of a Candidate's application, to check the validity of qualifications and, where the Engagement requires, to ensure that the Candidate is capable of operating any equipment and/or machinery to the necessary level. The Employer shall be
responsible for obtaining any work and other permits and for ensuring that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
The Employer shall use their best endeavors to keep confidential any confidential
information of any Candidate (including without limitation any CV or other information
provided in support of an application for a Vacancy) that is provided to the Employer in connection with the Marketplace Services.
The Employer undertakes that (a) where any Candidate introduced by a Recruiter to the Employer via the Marketplace is initially rejected but is later employed by the Employer within the period of six months of the initial introduction, the Employer shall be responsible for the Placement Fee as if such rejection had not occurred;
(b)in the event of the Employer effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement by that person, firm or corporation (of which fact the Employer shall immediately notify Us) the Employer shall be responsible for the Service Fee and the Recruiter Fee as if the Candidate had been introduced to such third party via the Marketplace, unless such Engagement occurs more than six months after the initial introduction of the Candidate to the Employer.
The Employer consents to the disclosure by Us to Recruiters and Candidates of information relating to the Employer which the Employer has provided to Us.
In the event of non-payment by the Employer of the Placement Fee, the Employer hereby agrees that We shall be permitted to assign to the Recruiter the debt relating to such nonpayment and the ensuing right of action.
In the event that the Employer has previously received the CV of a Candidate who it
subsequently decides to employ or engage from a source other than a specific Recruiter, the Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruiter’s submission, but rather of having received the CV previously. In the event of such a dispute We will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
The Employer shall inform Indcareers.in should a Recruiter contact it directly, offline
or online, in an attempt to work around, avoid, circumvent or otherwise exploit the
Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation of the Placement Fee.
OBLIGATIONS OF THE RECRUITER
The Recruiter warrants that they are a professionally trained recruiter, are suitable to act as an Employment Agency and agree that they shall at all times comply with Regulations of Employment Agencies Act 2007
When engaged with an Employer on the Marketplace, the Recruiter shall not use the
Employer’s company name or brand publicly when advertising the Employer’s vacancy and searching for Candidates.
The Recruiter will use reasonable endeavors to introduce to Employers via the Marketplace suitable Candidates who meet the specification set out by the Employer in the Vacancy. The Recruiter agrees to make every reasonable effort to properly screen Candidates which they submit to Vacancies, and obtain confirmation from the Candidate that they are willing to work in the position in question before submitting the Candidate’s CV.
All CV submissions for Vacancies must be sent through Our Site. Any actions that
circumvent or attempt to circumvent Our Site and the Marketplace Services by submitting CVs in any other way will lead to account termination. In the event of such termination, we shall be under no obligation to refund any Recruiter Subscription Fees or, pay any Placement Fees received from Employers in respect of Candidates submitted by the Recruiter.
The Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of depriving Us of due compensation, Handling Fees or Placement Fees.
The Recruiter agrees that they shall not approach directly any Employers to whom they have been introduced to by indcareers.in, engaged with on the Marketplace, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by indcareers.in, save for
communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the introduction. If a Recruiter is found to have contacted an Employer directly to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation, Handling Fees or Placement Fees, the Recruiter’s account will be terminated immediately, and the Recruiter will be liable to pay indcareers.in penalty which will decide by the management
Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site.
Candidates are represented by the first Recruiter to submit the Candidate in question to the Employer through Our Site. This clause shall not apply in the instance that the Recruiter who submits the Candidate first, has not gained permission from the Candidate to submit their details for the Vacancy.
If a Recruiter submits a Candidate for a Vacancy and the Candidate is employed by the Employer, the Recruiter may not be eligible for the Placement Fee in the event that the Employer has previously received that Candidate’s CV, or was aware of the Candidate through another source. The Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruiter’s submission, but rather of having received the CV previously. In the event of such a dispute indcareres.in will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final.
Provided that the Employer is not already aware of the Candidate, and can provide evidence of this, the Recruiter shall be deemed to have ownership of a Candidate for the duration of the Fee Period (six months from the date that the Recruiter first submitted the Candidate). Should the Candidate be employed or engaged by the Employer during the Fee Period we shall invoice the Employer for the same Placement Fee set by the Employer when the Vacancy was originally posted on the Marketplace. The Recruiter shall promptly provide us
with accurate information regarding the Start Date of the successful Candidate.
The Agreement shall remain in full force and effect while the Recruiter uses the Services.
The Recruiter may not terminate its use of the Services within the first 90 days of purchasing a subscription. We will automatically renew each Recruiter’s subscription monthly, and bill the Recruiter every month using the credit or debit card details it provided to Us. After the first 90 days, the Recruiter may terminate its use of this service with 30 days written notice to email@example.com. We may suspend a Recruiter’s access to the Services or its membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with the Recruiter’s Account on The Marketplace.
We shall be under no obligation to provide the Recruiter with access to The Marketplace if the Subscription Fee (plus Service tax) is not paid to us on time. The Recruiter must ensure that we have the complete and accurate billing and contact information throughout the subscription period, including the full name of the account holder, its business address, and billing contact email address. If the Subscription Fee become overdue, because, for example, the Recruiter’s credit or debit card has expired, we reserve the right to suspend access to The Marketplace until the balance is paid, and we reserve the right to close the Recruiter’s Account permanently. We reserve the right to take action in the best interest of Employers and/or Candidates in relation to an existing Engagement during a period of non payment until the balance is paid.
We may also terminate or suspend any and all Services and access to Our Site immediately, without prior notice or liability, if you breach any of the terms or conditions of the Agreement.
Upon termination of your account, your right to use the Services, access Our Site, and any Content will immediately cease. All provisions of the Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If we withdraw access to The Marketplace because these Terms have been breached, no refund will be payable by us. In the event of a termination, we reserve the right to handle any existing engagements in the best interest of Employer(s) and Candidate(s).
Limitation of Liability
This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law. The Employer and the Candidate agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms.
Compliance with Laws
Employer and Recruiter shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Indcareers.in Website.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the services on the Website are presented solely for the purpose of sale in India.
Indcareers.in make no representation that services in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Indcareers.in is not responsible for supplyof services/refund for such transactions ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by “ASM WEB TECH Pvt Ltd" and services are sold by respective Recruiters. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your internal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or
distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.