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THIS RECRUITMENT PARTNER’S TERMS OF USE AGREEMENT (THE “AGREEMENT”) IS AN ELECTRONIC AGREEMENT BETWEEN THE LEFT BRAIN CO., A PROPRIETORSHIP FIRM AND YOU OR THE BUSINESS YOU REPRESENT (“YOU”) (TOGETHER WITH THE COMPANY, THE “PARTIES”).


Definitions

This section contains the definition of certain important terms used through these Terms & Conditions. We advise our users to know what these terms mean:

The term "Service" refers to the Services by Incruiter, including without limitation to incruiter website ( "https://www.incruiter.com" ), the Incruiter service, or any applications (including mobile applications) made available by Incruiter, use of Incruiter’s Web and Mobile Appilcations in their entirety and of online community, blog and forum.

“Incruiter”, “We”, “Us” or “Our” refers to The Left Brain Co. and our Employees.

The term “User(s)” refers to any party whether a person, company or firm who visits and/or registers itself on Incruiter Website and/or Service.

The term “Client or Employer” refers to any Person, Company or Firm or any other business which registers itself on our Website and/or use Service/platform on web/app to find and hire Professionals for their work.

The term “Recruiter” refers to any Person or Company which registers itself on our Website and/or uses our service/platform on web/app to help employer hire Professionals for their work.

The term “Candidate” refers to any job seeking Individual referred by recruiter on our platform.
The term “Interviewer” refers to any Person/Individual which registers itself on our Website and/or uses our service/platform to interview candidate based on employer requirement.
The Term “Engagement Requests” shall mean applications made by Marketplace Partner’s to the Employer requesting them to avail services of the said Partner for the purposes of Recruitment. Engagement Requests may contain a brief introduction of the Market Place Partner and/or candidate profiles for the concerned vacancy;
The Term “Service Fee” shall mean that percentage of the Recruitment Fee, exclusive of all applicable taxes, which the Company is entitled to retain, as defined hereunder;
The Term “Replacement Guarantee”-Recruiter shall provide replacement of candidates incase candidates resigns or leaves company up to 90 (ninety days) post Joining Date shall, as defined in the Job description or T&C;
The Term “Invoice” shall mean the invoice as may be raised on the Company upon Recruitment;
The Term “Joining Date” shall mean the date on which a candidate who is recruited pursuant to this agreement joins the organization of the Employer;
The Term “Recruitment” with all its grammatical variation shall mean a: The process by which an Employer finds and hires a suitable candidate for a job opening in the Employer’s organization by availing the intermediary facilities provided by the Website/app. b. The Employer shall be deemed to have Recruited by availing the intermediary facilities provided by the Website, if the Employer- • hires a candidate whose profile has been forwarded through a recruiter or recruitment partner registered on the website; • such recruitment is done within 6 months from the date when such profile is forwarded. c. If the conditions stated above are satisfied, then the Employer shall be deemed to have Recruited by availing the intermediary services provided by the website, notwithstanding the fact the candidate has been Recruited for a position other than the position which was posted on the Website or hired for a position which was not posted on the Website;
The Term “Recruitment Partner” shall mean the recruitment agency(ies)/recruitment firm(s)/executive search firm(s)/independent recruiter(s) that are registered on the Web-site;
The Term “Recruitment Fee” shall mean the pre-determined fee (such fee shall be determined as per the vacancy posted on the Website) to be paid to the Company upon Recruitment;
Reference to any statute, regulation, proclamation, ordinance or bye-law includes all statues, regulations, proclamations, ordinances or bye-laws amending, consolidating or replacing them.
Incruiter locates, selects and places candidates for either permanent/temporary employment or engagement as an independent contractor (“candidate”) to client businesses (“the client”) on the following terms and conditions:
These terms and conditions apply to all referrals of candidates made to a client by the company for either permanent employment or contract engagements, subject only to any variation recorded in writing and mutually agreed to by the parties. These terms and conditions also apply to any other consultancy services provided by the company to the client, unless any variation is recorded in writing and mutually agreed to by the parties.
These terms and conditions compromise all of the terms, representations and warranties between the parties and take precedence over any prior discussions and/or agreements covering the services to be provided under this agreement by the company to the client. Any implied terms, conditions or warranties are expressly excluded from this contract.
You should read the terms and conditions set out below before purchasing goods/service using this website.
These terms and conditions apply to the purchase of service over this website. In using this website for this purpose, you agree to be bound by these terms and conditions. If you do not understand or accept these terms and conditions, you must refrain from purchasing goods/service using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website including Privacy Policy and Copyright Notice.
In these terms and conditions, the expressions we, us and our are used as a reference to the www.incruiter.com .

AMENDMENT OF TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions of use at any time and those changes shall take effect in respect to all subsequent uses by you of the website. You should therefore check these terms and conditions every time you use the website and only if you accept these terms should you proceed to access and use the documents on the website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

EMPLOYER

The “Employer” shall abide by the terms and conditions of the Agreement, the Company Policies and the other Website policies, and all applicable Laws;

You agree, represent and warrant that you shall not describe yourself as an agent or representative of the other company or make any representations to any user or any third party or give any warranties which are of such a nature that the Company may be required to undertake, or be liable for, whether directly or indirectly.

You agree, represent and warrant that, you shall not, at any time during the Term, transact with recruiter or partner or otherwise solicit, intimate or encourage and recruiter to communicate/correspond directly with you directly by bypassing the Website.

You acknowledge that the data of candidate that will be forwarded by you to the recruiter falls within the definition of “Personal Information”, as defined by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. You warrant that such data has been collected and forwarded by you in compliance with afore-states Rules.

You further declare that you shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights; you shall be solely responsible.

You agree and acknowledge that:

The permission granted by the Company to use the Website for Recruitment is on a non-exclusive basis; and

You are entirely responsible for the content you post (including, but not limited to, job postings and company descriptions) to the Website. When You post content to the Website, it thereby represent and warrant that: (i) the posting is not obscene, libelous or slanderous, does not violate any applicable law, regulation, or rule, including without limitation those related to labor and employment; (ii) its access to and use of the Website will be in accordance with this Agreement and with any applicable laws or regulations;

The Company shall make its best efforts to deal with any technical issues affecting the Website (such as, for instance, the Website becoming inoperative). The Company does not warrant that you will be able to use the Website at all times or that the Website and the services provided through the Website will be uninterrupted or error-free or that all defects will be corrected by the Company.

The Parties will have all requisite power and authority to execute the agreement, deliver and perform their obligations under this Agreement and have been fully authorized by all requisite corporate actions to do so;

The execution and performance of this Agreement by either Party does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement.

FEE AND PAYMENT TERMS

  1. Where a candidate is introduced by the company or its Recruiter to a client and that candidate is employed by either the client or an associated party of the client then the company’s standard fee as stated and or mentioned agreement will be payable by the client.
  2. The client will pay all charges and fees plus GST (if any) which have been invoiced to them by the company within (30) thirty days from the commencement date of a candidate with a client.
  3. If a client does not make payment for a permanent placement within thirty days after the candidate has started their employment with the client, then the client will have null and voided the guarantee period.
  4. The client will make payment for the provision of any additional testing (aptitude, psychometric, communication etc) / services(if any) within thirty days from the date of the invoice.
  5. The company may at its discretion charge interest, calculated on a daily basis at 5% above its own bank’s base lending rate, if any payment is not made by a client on a due date.
  6. All charges and fees shown under this agreement are exclusive of GST. GST shall be calculated and shown in the company’s invoice and must be paid by the client receiving the benefit of the company’s services.
  7. Any dispute or set off claim raised by a client does not entitle the client to withhold payment of any money owed to the company.
  8. Any costs incurred by the company or its agents in recovering any debt owed by a client shall be added to the client’s invoice and be payable by the client upon demand

GUARANTEE PERIODS

The company will provide a replacement free of charge if our permanent or fixed term candidate leaves, for any reason, within the first three (3) months of employment (or aa mentioned in the Job), subject to the following:

  1. The fee payable for the original candidate was paid within (30) thirty days of the original placed candidate’s commencement date with the client as mentioned in the offer letter provided to the candidate or date of issue of invoice whichever is later; and
  2. The original candidate resigns; and
  3. The candidate has not been terminated based on personal/performance based issues, in case the candidate was interviewed by the client; and
  4. The client requires the replacement to undertake an identical job description to the original candidate;
  5. The company is given a period of (12) six weeks on an exclusive basis to provide replacement candidates.
  6. The fee paid by the client for the original candidate is non- refundable despite the above replacement provisions.
  7. If the client does not require a replacement candidate or if the company is unable to locate a suitable replacement within a reasonable amount of time, then the company will provide a credit refund of 50% of the original fee on their account to the client. The validity of the credit to be held for a (12) twelve month period from the credit date. The company shall be entitled to retain 50% of the original fee to cover expenses incurred with a minimum fee retainer of as per contract.
  8. Any credit given to the client by the company shall unless otherwise negotiated, be credited to the clients account and will remain valid for a (12) twelve month period.
  9. If a replacement candidate’s gross annual remuneration is greater or less than the original candidate there will be no additional fee charged or credit applied to the client as a result.
  10. The terms of the above agreement are strictly limited to the provision of a single replacement candidate for any original candidate placed by the company with a client. Employer shall not be entitled for any refund of recruitment fee if candidate is recruited outside our website/platform.

RECRUITER or RECRUITEMENT PARTNER

Upon the execution of this Agreement, You shall obtain access to the website which shall be used by you to post the profile of you/ your organization on the Website and to view vacancies posted by various Employers on our platform;

All vacancies posted on the Website will contain job description, minimum requirements, details of proposed remuneration, Guarantee Period, the Recruitment Fee (which shall be exclusive of all applicable taxes unless expressly stated otherwise) and such other details that may be stipulated by the Company from time to time.

Any Client/Employer may also proactively approach you to work on vacancies in their organization outside platform. You may decline to such requests.If Recruiter or Recruitment Partner is found of working with the Employer outside the platform, they may be banned from using platform ;

In the event that you are already empaneled with an Employer prior joining the platform, same should be conveyed to the company before commencement of any Recruitment process.;

Kindly note that the submission of any resume to an Employer, provides your acceptance of the Guarantee Period and Recruitment Fee as quoted by the Employer or company for the relevant vacancy.

SHORT-LISTING CANDIDATES FOR RECRUITMENT

You shall attempt to provide apt and suitable candidates for every vacancy. You may work on pursuant to this agreement. You shall ensure that you dedicate suitable time and effort in respect of procuring candidates for such vacancies.

You shall do all such necessary reasonable acts to ensure that each candidate is suitably vetted.

You may source candidates, for any vacancy you are allowed to work pursuant to the terms of this Agreement, by using any media, channel or like sources you deem appropriate. Provided that if the Employer has put specific instructions against the use of any particular source and/or media for the purpose of Recruitment for a particular posting, You shall not source candidates for the said posting through the source/media so specified by the Employer.

You undertake that any information posted by you on the Website shall be accurate.

You covenant that you shall not give access or control of your account to any third party;

You agree to immediately notify the Company of any unauthorized use of your account information or any other breach of security; ensure that you properly exit or sign/log out from the Website at the end of each session.

You shall be solely responsible for any losses incurred by the Company or any other user of, or visitor to, the Website due to authorized or unauthorized use of the Your account as a result of the Your failure in keeping Your account information secure and confidential.

EXCLUSIVITY

All communications/correspondence pertaining to any Recruitment and allied activities, initiated through the Website shall exclusively be made only through such platforms as may be made available to you by the Website such as email, chats etc.

You shall not directly or indirectly, through an employee, agent or otherwise seek personal contact information of any Employer or otherwise solicit, intimate or encourage and Employer to communicate/correspond directly with you by bypassing the Website.

PAYMENT TERMS

You will be entitled to receive a recruitment Fee if the candidate provided by you to an Employer is Recruited, provided such candidate has received an offer to join the company within 6 months of the date on which the details of the candidate were forwarded by you to the Employer. You will be entitled to such Recruitment Fee notwithstanding the fact that the candidate is recruited for a separate vacancy than that which was posted in the Website or for a vacancy which was not posted on the Website.

If a candidate whose details have been forwarded by you, is recruited by the Employer for a separate vacancy other than that for which the profile was forwarded, your Recruitment Fee shall be higher/lower of the defined vacancy or the vacancy for which the candidate is hired.

The Company will initially receive the Recruitment Fee from the Employer within 30 days of the Joining Date. The Company shall only on receipt of the Recruitment Fee remit the same to you within the mentioned period in Job Description.

In case the same candidate is provided by 2 or more recruiter for any vacancy, the Recruitment Partner providing the first information/ CV of such candidate will be entitled to the Recruitment Fee for Recruitment of such candidate.

In case the same candidate is provided for two separate vacancies by two marketplace Partners to the same Employer, the Recruitment Partner whose candidate is Recruited for the profile for which the candidate is forwarded will be entitled to receive the Recruitment Fee. If such candidate is recruited for a profile other than the profiles for which the candidate was forwarded, the Recruitment Partner which forwarded the candidate first shall be entitled to the Recruitment Fee.

The Company shall not be held liable for failure of Employer to pay the Recruitment Fee within the stipulated time, and any losses which may accrue to you thereby.

In the event when the recruitment partner withdraws a candidate from the Employer on the website, the partner shall immediately relinquish his right to get Recruitment fees pertaining to that candidate, even if the candidate is subsequently recruited.

TERMINATION OF EMPLOYMENT OF RECRUITED CANDIDATE DURING GUARANTEE PERIOD

If the employment of the Recruited candidate with the Employer is terminated during the Guarantee Period, the Employer may request that a suitable replacement candidate be Recruited at no additional costs. In such an event you shall procure a suitable Recruitment candidate, to the satisfaction of the Employer, within 90 days of a request for such replacement being raised (“Replacement Period”);

In the event a suitable replacement candidate cannot be procured by you within the Replacement Period, You shall no longer be entitled to the Recruitment Fee and/or refund recruitment/service fee.

INTERVIEWER

The “Interviewer” shall abide by the terms and conditions of the Agreement, the Company Policies and the other Website policies, and all applicable Laws;

You agree, represent and warrant that you shall not describe yourself as an agent or representative of the other company or make any representations to any user or any third party or give any warranties which are of such a nature that the Company may be required to undertake, or be liable for, whether directly or indirectly.

You agree, represent and warrant that, you shall not, at any time during the Term, transact with employer or otherwise solicit, intimate or encourage communicate/correspond directly with you directly by bypassing the Website.

You further declare that you shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights; you shall be solely responsible.

You further agree that if Interview gets rescheduled more than 3 times due to non-availability of interviewer, the company has right to cancel his appointment for particular interview and reassigned it to other interviewers.

You agree and acknowledge that:

The permission granted by the Company to use the Website for services is on a non-exclusive basis; and

You are entirely responsible for the content you post to the Website. When you post content to the Website/app, it thereby represent and warrant that: (i) the posting is not obscene, libelous or slanderous, does not violate any applicable law, regulation, or rule, including without limitation those related to labor and employment; (ii) its access to and use of the Website will be in accordance with this Agreement and with any applicable laws or regulations;

The Company shall make its best efforts to deal with any technical issues affecting the Website (such as, for instance, the Website becoming inoperative). The Company does not warrant that you will be able to use the Website at all times or that the Website and the services provided through the Website will be uninterrupted or error-free or that all defects will be corrected by the Company.

The Parties will have all requisite power and authority to execute the agreement, deliver and perform their obligations under this Agreement and have been fully authorized by all requisite corporate actions to do so;

The execution and performance of this Agreement by either Party does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement.

Payment Terms

You will be entitled to an interviewing fee of up to 2.5 times of your current CTC, on an hourly basis or as stated. 

Payment shall be calculated for every minute of interview conducted. 

The payment will be credited to the bank account details provided by the interviewer on a monthly basis

Interview has to be conducted within the time allotted by the company. 

Candidate Assessment Report (CAR) should be E-mailed within 24 hours of the interview conducted by the Interview. In case, CAR is not submitted within 24hrs, interview hours shall not be counted for payment. 

REPRESENTATIONS AND WARRANTIES

The Parties hereby represent and warrant to each other as under:

The Parties have all requisite power and authority to execute the Agreement, deliver and perform their obligations under this Agreement and have been fully authorized by all requisite corporate actions to do so;

The execution and performance of this Agreement by either Party does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement.

You undertake that, at all times during the Term of this Agreement, You will:

Abide by the terms and conditions of the Agreement, the Company Policies and the other Website policies, and all Applicable Laws;

You agree, represent and warrant that you shall not describe yourself as an agent or representative of the Company or make any representations to any user or any third party or give any warranties which are of such a nature that the Company may be required to undertake, or be liable for, whether directly or indirectly.

You agree, represent and warrant that, you shall not, at any time during the Term, transact with any Employer or otherwise solicit, intimate or encourage and Employer to communicate/correspond directly with you directly by bypassing the Website.

You acknowledge that the data of candidate that will be forwarded by you to the Employer, falls within the definition of “Personal Information”, as defined by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. You warrant that such data has been collected and forwarded by you in compliance with afore-states Rules.

You further declare that you shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights; you shall be solely responsible.

You agree and acknowledge that:

The permission granted by the Company to use the Website for Recruitment is on a non-exclusive basis; and

You are entirely responsible for the content you post (including, but not limited to, job postings and company descriptions) to the Website. When You post content to the Website, it thereby represent and warrant that: (i) the posting is not obscene, libelous or slanderous, does not violate any applicable law, regulation, or rule, including without limitation those related to labor and employment; (ii) its access to and use of the Website will be in accordance with this Agreement and with any applicable laws or regulations;

The Company shall make its best efforts to deal with any technical issues affecting the Website (such as, for instance, the Website becoming inoperative). The Company does not warrant that You will be able to use the Website at all times or that the Website and the services provided through the Website will be uninterrupted or error-free or that all defects will be corrected by the Company.

SUSPENSION AND TERMINATION

The Company reserves the right to suspend access to any user to the Website or to terminate such access granted under this Agreement, without assigning any reasons for doing so.

-This Agreement may be terminated:

By the Company, with immediate effect, if You are in breach of any of your obligations, representations or warranties, or any other material terms as contained in this Agreement, any Applicable Law and/or any of the Company Policies; or

By you, without any reason, by giving the Company a prior written notice of fifteen (15) days.

The Company also has the right to suspend your access to the dashboard/login (instead of terminating the agreement) for any period of time on the occurrence of any of the termination triggers specified in above.

The expiry or termination of this Agreement shall be without prejudice to the accrued rights and obligations of the Parties and all such accrued rights and obligations shall remain in full force and effect and be enforceable not withstanding such expiry or termination.

• Without prejudice of the foregoing, the termination of this Agreement pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which either Party may have, arising out of the event which gave rise to the right of termination.

LIMITATION OF LIABILITY AND INDEMNITY

To the maximum extent permitted by law, all warranties in relation to the provision of the Services or products by us under this agreement, whether express or implied by statute or general law, are excluded and we will not be liable for:

a. Loss or damage arising from negligence, where your company’s conduct contributed to the damage suffered;

b. Any consequential loss or damage in connection with the Services performed or products supplied; or

c. Loss caused or contributed by your company.

DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

Any dispute arising between you or any Recruitment Partner and or company, relating to any recruitment facilitated by the Website, such dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 to be adjudicated by a sole Arbitrator to be appointed by the Company. In any such arbitration, answers given by parties to any questions which may be put to them by the Arbitrator and data available on the Company’s system, shall alone be admissible by way of evidence. Arbitration shall be held at Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If any dispute arises between you and the Company during the subsistence of this Agreement or thereafter, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Company. Arbitration shall be held at Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

The courts of Karnataka, India, shall have exclusive jurisdiction in connection with this Agreement.

AMENDMENT

The Company may amend the terms and conditions of this Agreement including the Company Policies at any time in its sole discretion by intimating You by way of notification on the Employment Panel and/or by sending an email to the email ID provided by you. It shall be your responsibility to review amendment notifications from time to time. You will be deemed to have accepted such amendments, if you continue to access the Website/Employment Panel after the amendments are notified by the Company.

The Company may modify any other policies such as the Website terms of use, the privacy policy and acceptable use policy at any time at its sole discretion without any notification to you. It is your responsibility to review the same from time to time. You will be deemed to have accepted these Website policies as amended, if you continue to access the Website after the modifications are posted on the Website.

MISCELLANEOUS

Feedback and Rating: You acknowledge and accept that feedback and rating of your activities as provided by Employer(s) is important for the maintenance of service levels and trusts on the Website, and will be publicly available for viewing on the Website. The Company is not responsible for checking or editing the feedback or ratings on the Website and shall have no liability as to the contents, truth or validity of such ratings. Further, the Company may in its sole discretion decide the form in which information relating to you, including rating and review, will be displayed on its web-site based on the Company’s algorithms for the purpose of making such data more valuable and relevant to its users. You release the Company from and waive all rights against the Company in respect of any liability arising out of or in connection with the publication of any defamatory comments about you in such feedback and ratings.

No Partnership: None of the provisions of this Agreement shall be deemed to constitute a partnership between the Parties hereto and no Party shall have any authority to bind or shall be deemed to be the agent of the others in any way.

Severability: If any provision of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable to any extent for any reason including by reason of any law or regulation or government policy, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. For any further queries, please write to us at contact@incruiter.com

The parties agree that the company shall have the right to communicate and seek information on the selection process and compensation details of the candidate from the Employer, recruitment partners and / or the Candidate at any time for the purpose of ascertaining facts in interest of the business

GENERAL

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Acceptance

By communicating via our website you have read, understand and agree to Incruiter Terms and Conditions.

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