These Terms constitute an agreement between Embauche HR Services Pvt. Ltd and Your Company.

Embauche HR Services Pvt. Ltd is an Indian company with registered office at A5A/339, Janakpuri, New Delhi- 110058 and Embauche HR Services Pvt. Ltd is the owner and operator of the website accessible at https://www.rekrutify.com(the Website), and of the recruitment service provided by Rekrutify through its Website (the Service).

PLEASE READ THESE TERMS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING "I AGREE",YOU DECLARE THAT

(1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS;

(2) YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO ENTER INTO A CONTRACT WITH EMBAUCHE HR SERVICES PVT. LTD; AND

(3) YOU ARE AUTHORISED TO MAKE A COMMITMENT ON YOUR OWN BEHALF, OR ON BEHALF OF THE COMPANY STATED TO BE YOUR EMPLOYER WHEN REGISTERING, AND THEREFORE TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS THE WEBSITE OR THESERVICE.

Embauche HR Services Pvt. Ltd operates as an employment agency. Embauche HR Services Pvt. Ltd is not and shall not be the employer, agent, partner or joint venture partner of any Candidate of Employer. The Candidate is employed or engaged by the Employer. Please note that these Terms may be modified at any time, therefore you are invited to consult them regularly. When important or significant changes are made we will notify you by email. Any modification of the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after the publication of the new Terms for existing Users. If you do not agree to the new Terms, your sole remedy is to cease using the Website and Service. Otherwise, your continued use of the Website will constitute acceptance of thechange(s).

Definitions

Terms: these terms and conditions.

Candidate: any individual who registers on the Website seeking professional opportunities for fixed-term contracts or permanent contracts.

Interns: - fresh college graduates or candidates with less than 6 months of experience.

Employer/ Client/ Company: any organization that registers on the Website that is interested in employing a candidate.

Invite: A message sent by the Employer to a Candidate to notify the Candidate of the Employer’s interest. An Invite Request is not binding and does not create any contractual obligations for the Candidate and/or the Employer.

Visibility Process: the period of thirty (45) days or such longer period as we may agree, during which candidate profiles are in ACTIVE status

Website: the website https://www.rekrutify.com

User: a registered user of the Website. A user can be a Candidate or an Employer.

You: any visitor to this Website.

Description of the Service

1 . As an Employer/Client, REKRUTIFY.COM gives you the chance to see qualified profiles and reduce the costs associated with recruitment. You have the right to send Invite/ Interview Requests to the Candidates listed on REKRUTIFY.COM whose profiles correspond to those your company is seeking. These Invite/ Interview Requests are not binding in nature and are without obligation. They do not constitute the formation of an employment contract binding you in any way whatsoever to the Candidates. A fee is due only on employment or other engagement of a Candidate.

2 . Verification: - REKRUTIFY.COM does not conduct any investigations into the experience of its Users and does not perform any verification of the statements made by Users; however, REKRUTIFY.COM reserves the right to carry out any such checks or to use any other valid means by using publicly available information. Therefore, Users are responsible for investigations, or any other means of due diligence, required before any employment or other engagement to verify the qualities, experience and references of Candidates and the suitability ofEmployers.

3 . Registration on website: - To use REKRUTIFY.COM as an Employer, you must also register. Registration is free. When registering, we may ask for additional information about your organisation. Once registered, we will review the information you have provided to us during the registration process and any other publicly available information. We remind you that in order to create an account on the Website, you must confirm that you have authorization from your Employer. We reserve the right to verify that you have such authorization.

publicly available information. We remind you that in order to create an account on the Website, you must confirm that you have authorization from your Employer. We reserve the right to verify that you have such authorization.

Once the registration form has been validated, you will receive an email to the address provided to confirm activation of your account. We will also send you the soft copy of the contract on your official email address.

Once your account is activated, you will receive and email with Username/ Password for your basic account which is a PER HIRE PLAN (more details in Exhibit B). You have an option to buy Basic or Premium Plans based on your hiring needs.

4 . Your Content: - We are not responsible and accept no liability for User Content including any User content that contains false information or is defamatory about a third party. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. You may notify REKRUTIFY.COM if you think that an Interview Request, profile, message or any other visible content on the Website, is manifestly unlawful or in breach of these Terms, by sending a message to the following address: support@rekrutify.com

5 . REKRUTIFY.COM Responsibilities: - REKRUTIFY.COM provides a platform and technical tools for Employers/ Client to enable them to search for and contact Candidates. The agreements established between Employers and Candidates do not bind REKRUTIFY.COM contractually. REKRUTIFY.COM has no obligation to enforce any agreement between Employer and Candidate. REKRUTIFY.COM is not involved in the formation of these agreements and cannot be held liable for any damages resulting from the enforcement or not of theseagreements.

6 . Employer/ Client Responsibilities: - Employers can access the profiles of Candidates who match their search criteria. They may then make send an INVITE Request to one or more Candidates. If a Candidate accepts the INVITE, the traditional recruitment process then begins (interviews, etc.). Once the Employer has found a Candidate on our Website, the Employer agrees to communicate with the Candidate exclusively via our Website. The Employer and the Candidate may use other means of communication once the Candidate has accepted the INVITE. The Employer agrees not to try to circumvent our Website and Service by attempting to communicate independently of our Website and to employ the Candidate by other means, after finding the Candidate on ourWebsite.

Following signature of an employment contract or a service contract with a Candidate, the Employer shall provide a copy of the contract to REKRUTIFY.COM and inform REKRUTIFY.COM immediately if the contract is amended or terminated for whatever reason within 6 months from the date on which it was signed.

Responsibility lies with the Employer to carry out the mandatory formalities required by law and concerning the Candidate. The Employer must, in particular, verify the Candidate’s nationality, and, where appropriate, check to confirm before appointing the Candidate, that he/she has a valid work permit. The Employer is also responsible to ensure that the Candidate undergoes a pre-employment medical examination if required

The Employer will be liable for the full payment of REKRUTIFY.COM fees:

(a) If within 6 months after being introduced through the Visibility Period the Candidate accepts an offer of employment or other engagement with the Employer, including an offer of employment or engagement that is different from the initial offer.

(b) If within 3 months after being introduced through the Visibility Period, the Employer introduces the Candidate to any other person or company who subsequently employs or engages the Candidate.If the Employer decides to appoint several Candidates who had been identified through REKRUTIFY.COM, the full fee will be payable in respect of each Candidate presented by REKRUTIFY.COM and hired by the Employer.

REKRUTIFY.COM fees must be paid regardless of whether a probation period is required or not.

7 . Fees As consideration of the services to be provided by REKRUTIFY.COM and other obligations, Client shall pay to REKRUTIFY.COM the amounts specified in Exhibit B attached to this agreement at the times specified there in.

8 . Terms and Termination: By REKRUTIFY.COM:- In the Employer fails to pay invoice by the due date or otherwise is in breach of these Terms, REKRUTIFY.COM reserves the right, to terminate access to the services or suspend access to the services until such time as all outstanding payments have been made or the breach cured.

If any User breaches any of his/her obligations under these Terms, REKRUTIFY.COM can suspend or terminate his/her account and his/her right to use the services at any time without notice.

By the User: - If you wish to terminate your account, you can do so by sending an email to support@rekrutify.com or letter with recorded delivery to REKRUTIFY.COM.

Consequences of Termination:- Termination may result in the immediate deletion of all content that you have submitted to REKRUTIFY.COM. REKRUTIFY.COM will not be held responsible for the suspension or termination, including the loss of your content. All the provisions of these terms which, by their nature, should continue to apply after cancellation are applicable after cancellation, including, without limitation, the terms and conditions on ownership, the terms and conditions on recruitment fees, exclusion of liability, indemnity and limitation of liability.

9 . Confidentiality and Publicity

(a) Each party undertakes at all times to hold in confidence for the other party, to use only for the purposes here of and not to print, publicize or otherwise disclose to any third party, confidential information of the other party. “Confidential Information” of the other party means any document, material, idea, data or other information which relates to either Client’s or the REKRUTIFY.COM ‘s research and development, trade secrets or business affairs or which is marked as confidential or is by its nature confidential and disclosed by either party to the other for the purposes hereof. “Confidential Information” of the other party does not however include any document, material, idea, data or other information that can be shown by the receiving party to be in the public domain other than by the receiving party’s default. For the purposes of this clause, Client confidential information shall be deemed to include all confidential information, which is disclosed by Client to the REKRUTIFY.COM or the personnel during the course of the Service.

(b) REKRUTIFY.COM and Personnel shall enter in to such other confidentiality agreements and undertakings required from time to time for the fulfillment of the service.

(c) REKRUTIFY.COM shall not disclose or otherwise publicize work undertaken for Client’s prior written consent.

10 . Miscellaneous.

(a) Amendments and Waivers. Any term of this Agreement may be amended or waived only with the written consent of theparties.

(b) Sole Agreement: This Agreement, including the Exhibit hereto, constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.

(c) Notices: Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service or confirmed facsimile, 48 hours after being deposited in the regular mail as certified or registered mail( Airmail if sent internationally) with the postage prepaid, if such notice is addressed to the party to be notified at such party’s address or facsimile number as set for the below, or as subsequently modified by writtennotice.

(d) Choice of Law: The laws of Delhi State shall govern the validity, interpretation, construction and performance of this Agreement, without giving effect to the principles of conflict oflaws.

(e) Arbitration: Any dispute or claim arising out of or in connection with any provision of this Agreement will be finally settled by binding arbitration of the parties hereto. Each party shall select one arbitrator and both arbitrators shall select the third. The arbitration shall be governed by the rules of the Indian Arbitration Act then in force and effect. This section 9(f) shall not apply to the ConfidentialityAgreement.

(f) Advice of Counsel: EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT SUCH PARTY HAS HAD THE OPPURTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNCEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATIONHEREOF.

EXHIBIT B

Invoicing: - REKRUTIFY.COM invoices are payable upon receipt. If payment is not received within 30 days, REKRUTIFY.COM shall be entitled to charge costs and interest (5% per month) on the outstanding amount without notice.

Any dissatisfaction on the part of the Employer regarding an invoice must be clearly expressed in a letter addressed and sent by registered mail within 14 days from the date of the invoice. In the absence of such a letter, the Employer will be held to have accepted the invoice.

If an Employer has selected Per Hire Plan from fees structure, REKRUTIFY.COM shall Invoice Employer on date of joining (DOJ) of the candidate at Employer’s place. In this case, if candidate leave the services of Employer or been terminated by Employer on unsatisfactory grounds within three months of joining, the REKRUTIFY.COM will provide Employer with a free replacement.

If an Employer has selected to make Monthly EMI recruitment payments, 1st invoice is due on the DOJ of the candidate and next invoices are due of 5th of every subsequent month up to next 5 months. In this case, if candidate leave the services of Employer or been terminated by Employer on unsatisfactory grounds before 6 months, we stop charging for this candidate.

If an Employer has selected a Basic Monthly Plan, monthly fees is due on the 1st day of registration.

If an Employer has selected a Premium Monthly Plan, monthly fees is due on the 1st day of registration.

Placement Fees Structure:
The Employer can choose between two payment options:

Per Hire Plan: In respect of a Candidate employed, the Employer pays a fee equal to 08% + GST of the fixed annual salary set out in the offer letter.

If candidate leave the services of Employer or been terminated by Employer on unsatisfactory grounds within three months of joining, the REKRUTIFY.COM will provide Employer with a free replacement, provided that:

  • All amounts owed by the Employer are paid up in accordance with these terms;
  • The Employer has notified REKRUTIFY.COM of the termination of the contract in writing by registered letter or e-mail within 14 days of the termination;
  • The Employer, its subsidiary or another company in the group did not hire the Candidate within 6 months after the contract has ended;
  • The reason for the termination is entirely in relation to the qualifications, attributes or conduct of the Candidate;
  • The Candidate was not laid off for economic reasons or due to internal restructuring by the Employer;
  • The Candidate was not hired on a freelance/contract basis within the framework of a service agreement;
  • The Candidate was not initially hired as an employee and then switched to a contractual worker.

OR

Monthly EMI: The Employer pays a monthly finder’s fee (for 6 months) equal to 2% + GST of the fixed annual salary of the hired Candidate as set out in offer letter.

1st invoice is due on the DOJ of the candidate and next invoices are due of 5th of every subsequent month up to next 5 months. REKRUTIFY.COM will stop any further monthly recruitment fee payments at the end of the month of the Candidate’s last day with the Employer, provided that:

  • All payments due by the Employer have been paid in conformance with these Terms;
  • The Employer has notified REKRUTIFY.COM of the termination of the contract in writing (by registered letter or e-mail) within 14 days of the termination;
  • The Employer, its subsidiaries or another company in the group did not hire the Candidate within 12 months after the contract has ended;
  • There as on for the termination is entirely in relation to the qualifications, attributes or conduct of the Employee who had been found through REKRUTIFY.COM;
  • The Candidate was not laid off for economic reasons or due to internal restructuring by the Employer;
  • The Candidate was not hired on a freelance/contract basis within the framework of a service agreement;
  • The Candidate was not initially hired as an employee and then switched to a service agreement.

or

Basic Monthly Plan: The Employer pays a monthly fee of INR 50,000 on the day of registration. Monthly plan is valid for 30 days. (Employers can hire 2 candidates from website within duration of 30 days)

or

Premium Monthly Plan: The Employer pays a monthly fee of INR 75,000 on the day of registration. Monthly plan is valid for 30 days. (Employers can hire unlimited candidates from website within duration of 30 days)

Contractual Staff:-
The Employer pays a monthly finder’s fee (for 6 months or till the duration of the contract- which ever comes earlier) equal to 3% + GST of the fixed annual salary of the hired Candidate as set out in offer letter.

1st invoice is due on the DOJ of the candidate and next invoices are due of 5th of every subsequent month up to next 5 months. REKRUTIFY.COM will stop any further monthly recruitment fee payments at the end of the month of the Candidate’s last day with the Employer, provided that:

  • All payments due by the Employer have been paid in conformance with these Terms;
  • The Employer has notified REKRUTIFY.COM of the termination of the contract in writing (by registered letter or e-mail) within 14 days of the termination;
  • The Employer, its subsidiaries or another company in the group did not hire the Candidate within 12 months after the contract has ended;
  • The reason for the termination is entirely in relation to the qualifications, attributes or conduct of the Employee who had been found through REKRUTIFY.COM;
  • The Candidate was not laid off for economic reasons or due to internal restructuring by the Employer;
  • The Candidate was not hired on a freelance/contract basis within the framework of a service agreement;
  • The Candidate contract ended.

Intern:-
In relation to Interns, payment to REKRUTIFY.COM is limited to a fixed sum of INR 30,000 + GST on the date of joining of the Candidate at Employer’s place.

There is no rebate period/ replacement clause or refund on the hiring of interns from the REKRUTIFY.COM platform.