TERMS & CONDITIONS

TERMS OF USE

Effective Date: 25th September 2024

Last Updated: 25th September 2024

Table of Contents

Introduction
Definitions
Eligibility and User Responsibilities
- 3.1 Candidates
- 3.2 Recruiters
- 3.3 Companies
Referral Program and Payment Terms
- 4.1 Referral Fees
- 4.2 Payment to Recruiters
- 4.3 Invoice and Payment Schedule
- 4.4 Failure to Pay
Non-Solicitation and Non-Circumvention
- 5.1 Non-Solicitation
- 5.2 Non-Circumvention
Data Privacy and Confidentiality
- 6.1 Data Protection
- 6.2 Confidentiality
Candidate and Company Relationships
- 7.1 No Guarantee of Placement
- 7.2 Professionalism and Fair Treatment
Termination of Use
- 8.1 Termination by HireCentive
- 8.2 Termination by Users
Dispute Resolution
- 9.1 Arbitration
- 9.2 Jurisdiction
Limitation of Liability
- 10.1 No Liability for Service Interruptions
- 10.2 Indemnification
Harassment and POSH Policy
- 11.1 Harassment Policy
- 11.2 Prevention of Sexual Harassment (POSH)
Force Majeure
Modification of Terms
Severability
Entire Agreement

1. Introduction

Welcome to HireCentive ("Platform"), a referral-based recruitment service owned and operated by HireCentive Network Technologies LLP ("HireCentive", "we", "our", "us"). HireCentive is an Indian entity headquartered in Karnataka, India, and complies with Indian laws and applicable international data protection regulations. By accessing or using our Platform, you ("User", "Recruiter", "Candidate", "Company") agree to be bound by these Terms and Conditions ("Agreement"). This Agreement constitutes a binding contract governing your access to and use of the Platform.

Your continued use of the Platform constitutes acceptance of these Terms and Conditions. If you disagree with any provision of this Agreement, you must discontinue using the Platform immediately.

2. Definitions

Candidate: Any individual seeking employment through the Platform, referred by Recruiters or directly applying to job openings.
Recruiter: A professional recruiter, network agent, or third-party entity engaged to refer candidates to companies for potential employment.
Company: Any business entity using the Platform to post job openings, review referred candidates, and hire employees.
Referral: The act of submitting a candidate’s profile for consideration by a Company through the Platform.
Successful Hire: The hiring of a referred Candidate by a Company where the Candidate completes a minimum probationary period (90 days).

3. Eligibility and User Responsibilities

3.1 Candidates

Age and Legal Capacity: Candidates must be at least 18 years of age and possess full legal capacity to work in the jurisdiction where the job is based. Misrepresentation of eligibility criteria will result in immediate termination of Platform access and may expose the Candidate to civil or criminal liability.
Accurate Information: Candidates must submit accurate, truthful, and complete personal information, including resumes and job preferences. Any false or misleading information may result in legal action, suspension of Platform privileges, and termination of employment if hired based on fraudulent data.
Consent to Communications: Candidates consent to receiving job recommendations and communications from HireCentive for a period of up to three months after registering on the Platform.

3.2 Recruiters

Professional Conduct: Recruiters must operate with honesty, integrity, and transparency when referring Candidates to Companies. They must conduct thorough due diligence on referred Candidates to ensure the information provided is accurate and that the Candidate qualifies for the job as described in the job posting.
Confidentiality and Non-Disclosure: Recruiters must maintain strict confidentiality of all Candidate and Company information acquired during the referral process. Recruiters must not share, disclose, or use this information outside of the Platform’s referral system.
Eligibility and Licensing: Recruiters must ensure they are legally authorized to provide recruiting services in their respective jurisdictions. Any breach of this requirement will result in the revocation of access to the Platform and possible legal action.

3.3 Companies

Compliance with Employment Laws: Companies must comply with all applicable local, national, and international employment laws, including but not limited to India’s labor laws and data privacy regulations such as GDPR. Companies are solely responsible for ensuring that all recruitment and employment practices conform to relevant laws.
Fair Treatment of Candidates: Companies must evaluate referred Candidates based solely on merit and suitability for the position. Discrimination based on race, religion, sex, sexual orientation, gender identity, national origin, disability, or any other protected characteristic is strictly prohibited.
Duty to Pay Referral Fees: Companies must ensure timely payment of referral fees for successful placements, as detailed in Section 4 below.

4. Referral Program and Payment Terms

4.1 Referral Fees

Payment Obligation: For each Successful Hire, the Company is obligated to pay a referral fee to the Recruiter as outlined in the job posting. Referral fees are payable upon the Candidate completing the first 90 days of continuous employment.
Percentage-Based or Fixed Fee: Referral fees may be either a fixed amount or a percentage of the Candidate’s first-year salary, depending on the agreement between the Company and the Recruiter. Details will be clearly specified in the job listing.

4.2 Payment to Recruiters

Disbursement Schedule: Payments to Recruiters will be made no sooner than 90 days after the Candidate begins employment, assuming the Candidate successfully completes the probationary period and remains employed by the Company.
Payment Method: All payments to Recruiters will be processed electronically via a secure payment gateway. It is the responsibility of the Recruiter to provide accurate banking information to receive payment. HireCentive will not be held responsible for delays or payment failures due to incorrect payment details.

4.3 Invoice and Payment Schedule

Invoicing Process: HireCentive will issue an invoice to the Company 30 days after the Candidate's start date. The invoice will detail the referral fee due for the Successful Hire.
Payment Deadline: The Company is required to pay the invoice within 60 days of issuance. Failure to meet this deadline will result in additional fees and potential legal consequences.
Late Payment Penalties: If a Company fails to make payment within the prescribed 60-day window, HireCentive reserves the right to charge a late payment fee of 2% per month on the outstanding amount, compounded monthly, until the debt is settled.

4.4 Failure to Pay

Consequences of Non-Payment: In the event of failure to pay the invoice within the stipulated period, HireCentive reserves the right to:
- Suspend the Company’s access to the Platform.
- Take legal action to recover the unpaid amounts, including interest, penalties, and legal costs.
- Report the delinquency to credit reporting agencies or relevant legal authorities, if applicable.
Termination for Non-Payment: HireCentive may terminate the Company's use of the Platform if payments are habitually late, unpaid, or disputed without legitimate reason.

5. Non-Solicitation and Non-Circumvention

5.1 Non-Solicitation

Prohibition of Direct Contact: Recruiters, Companies, and Candidates agree not to engage in any direct communication outside of the Platform for the purpose of avoiding referral fees or soliciting services or employment.
Non-Solicitation of Employees: Companies agree not to solicit, recruit, or engage any Recruiter or employee of HireCentive for employment or consulting purposes for a period of 12 months following the termination of this Agreement.

5.2 Non-Circumvention

Platform Integrity: Users are expressly forbidden from circumventing HireCentive’s Platform by directly contacting Candidates or Companies outside of the Platform’s referral system for the purpose of avoiding referral fees or fees due to HireCentive. Any attempt to bypass the Platform’s referral process will result in immediate termination of access to the Platform and potential legal action.
Penalties for Circumvention: Breach of this clause will render the offending User liable for damages equal to three times the referral fee that would have been payable if the correct process had been followed. Legal action may be taken to enforce this provision.

6. Data Privacy and Confidentiality

6.1 Data Protection

Compliance with Privacy Laws: HireCentive complies with applicable data privacy laws, including but not limited to the General Data Protection Regulation (GDPR), India’s Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, and any other applicable local data protection laws.
User Consent: By using the Platform, Users consent to the collection, storage, and processing of their personal data in accordance with the HireCentive Privacy Policy. This includes data used for the purposes of job matching, referral services, and communications regarding Platform updates and changes.
User Rights: Users have the right to request access, modification, deletion, or restriction of their personal data. These requests will be processed in accordance with applicable data protection laws.

6.2 Confidentiality

Confidential Information: All Users agree to keep confidential any information obtained through the Platform that is not publicly available. This includes but is not limited to Candidate resumes, Company job descriptions, and Recruiter compensation agreements.
Non-Disclosure Agreements (NDA): HireCentive reserves the right to require Users to sign a Non-Disclosure Agreement (NDA) where the nature of the information shared between parties requires additional protection. The breach of any NDA will result in immediate legal action and financial penalties.
Obligations of Confidentiality: Recruiters, Candidates, and Companies acknowledge that during their use of the Platform, they may obtain confidential information about one another or about HireCentive's internal processes, practices, or data. Users must maintain the strictest confidentiality in relation to all such information.
Non-Disclosure of Sensitive Information: Users must not disclose any confidential or proprietary information they obtain via the Platform, including Candidate resumes, Company job listings, recruitment strategies, salary offers, referral terms, or other sensitive data, to any third party unless expressly authorized by HireCentive or required by law.
Duration of Confidentiality Obligations: The obligation to maintain confidentiality survives the termination of the User's relationship with HireCentive. Users remain bound to these terms for a period of five years post-termination or until the information becomes publicly available through no fault of the User, whichever occurs first.
Breach of Confidentiality: A breach of confidentiality will result in immediate suspension or termination of the User’s account, in addition to any legal action or claims for damages by HireCentive or other affected parties. Users found responsible for a breach may be liable for all resulting damages, including direct, indirect, and consequential losses.

7. Candidate and Company Relationships

7.1 No Guarantee of Placement

No Employment Warranty: HireCentive provides a platform for Candidates, Recruiters, and Companies to connect; however, HireCentive makes no guarantees, warranties, or representations regarding the likelihood of Candidates receiving job offers or Companies finding suitable hires. The final decision rests solely with the Company and the Candidate, based on their mutual agreement.
No Endorsement of Candidates or Companies: HireCentive does not endorse or make representations regarding the qualifications, expertise, or suitability of Candidates, Recruiters, or Companies. Users must conduct their own independent assessments of all parties involved.
Limitation on Liability: HireCentive is not responsible for any employment disputes, hiring delays, or mismatches between Candidates and Companies. Both Candidates and Companies acknowledge and accept that they bear full responsibility for verifying the accuracy and appropriateness of the information exchanged through the Platform.

7.2 Professionalism and Fair Treatment

Commitment to Professionalism: All Users agree to conduct themselves with integrity, professionalism, and respect in all interactions on the Platform. Any misconduct, including dishonesty, discriminatory practices, or unethical behavior, will be met with appropriate sanctions, including suspension or termination from the Platform.
Non-Discrimination: Companies and Recruiters must treat all Candidates fairly and equitably, evaluating their qualifications and suitability based solely on merit. Any discriminatory practices based on race, gender, age, disability, religion, or any other protected characteristic are strictly prohibited and may result in suspension or legal consequences.
Feedback and Communication: Companies are encouraged to provide timely and constructive feedback to Recruiters and Candidates about the hiring process. Lack of communication or unprofessional conduct in this regard may lead to removal from the Platform.

8. Termination of Use

8.1 Termination by HireCentive

Termination for Cause: HireCentive reserves the right to terminate, suspend, or restrict any User's access to the Platform at any time and without prior notice if the User is found to have violated these Terms and Conditions, engaged in illegal activities, failed to pay required fees, or acted in a manner that damages the reputation or interests of HireCentive or other Users.
Termination Without Cause: HireCentive may, at its sole discretion, terminate a User’s account without cause by providing a minimum of 30 days' notice. In such cases, any outstanding payments or referral fees due to the User will be processed in accordance with Section 4.2 and subject to the terms of this Agreement.
Effect of Termination: Upon termination, the User must immediately cease all access to the Platform. All rights granted to the User under this Agreement will automatically terminate, and the User must delete any confidential information obtained through the Platform.

8.2 Termination by Users

Voluntary Termination: Users may terminate their account at any time by providing written notice to HireCentive via the Platform's customer support channels. Termination by the User will not relieve them of any payment obligations or other liabilities incurred prior to termination.
Outstanding Payments: In cases of voluntary termination by Recruiters or Companies, all outstanding referral fees, commissions, or charges must be settled in full within the specified payment periods outlined in Section 4.3. Failure to do so may result in legal action by HireCentive to recover such amounts.

9. Dispute Resolution

9.1 Arbitration

Binding Arbitration: Any disputes, controversies, or claims arising out of or related to this Agreement or the use of the Platform, including but not limited to disputes regarding interpretation, enforcement, or validity, shall be resolved through binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.
Arbitration Procedure: The arbitration shall take place in Bengaluru, Karnataka, India, and will be conducted in the English language. The decision of the arbitrator shall be final and binding on all parties involved, and the judgment upon the award may be entered in any court having jurisdiction.
Costs of Arbitration: The costs of arbitration, including administrative fees and arbitrators' fees, will be shared equally between the parties unless otherwise determined by the arbitrator. However, each party will bear its own legal costs and expenses.

9.2 Jurisdiction

Governing Law: This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws provisions.
Exclusive Jurisdiction: The courts located in Bengaluru, Karnataka, shall have exclusive jurisdiction over any disputes or claims arising out of this Agreement that are not subject to arbitration, including requests for injunctive relief or other equitable remedies.

10. Limitation of Liability

10.1 No Liability for Service Interruptions

Service Disruptions: HireCentive is not liable for any interruptions, outages, or errors in the Platform’s functionality, including delays in posting jobs, failure to receive notifications, or disruptions caused by system maintenance, technical issues, or third-party service providers.
Disclaimer of Warranties: The Platform is provided "as is" and "as available," and HireCentive expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Indemnification

User Indemnification: All Users agree to indemnify, defend, and hold harmless HireCentive, its affiliates, employees, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from or related to:
1. The User’s violation of this Agreement.
2. The User’s misuse of the Platform or infringement of any third-party rights.
3. The User’s failure to comply with any applicable laws or regulations, including employment laws and data privacy requirements.
No Indirect Liability: HireCentive will not be liable for any indirect, incidental, punitive, or consequential damages arising from the use of the Platform, including loss of profits, data, or goodwill.

11. Harassment and POSH Policy

11.1 Harassment Policy

Zero-Tolerance Policy: HireCentive maintains a zero-tolerance policy for any form of harassment, bullying, or abusive behavior by Users on the Platform, including verbal, written, physical, or cyber harassment. All Users are expected to engage with one another in a respectful and professional manner.
Reporting Incidents: Users who experience or witness any form of harassment are encouraged to report the incident immediately via the Platform’s reporting mechanism. HireCentive will handle all complaints with the utmost confidentiality and take prompt action to investigate and address the matter.
Actions Following Investigation: If any User is found to have engaged in harassment, HireCentive may take disciplinary action, including issuing warnings, suspensions, or permanently banning the User from the Platform. In severe cases, HireCentive may report the offending User to legal authorities for further action.

12. Force Majeure

Force Majeure Events: HireCentive shall not be liable for any delay or failure in performing its obligations under this Agreement if such delay or failure is due to any event beyond its reasonable control, including but not limited to:
1. Acts of God, natural disasters (e.g., floods, earthquakes, hurricanes).
2. War, riots, or other acts of public unrest.
3. Government actions or regulations, including those related to national emergencies or pandemics.
4. Labor strikes or industrial actions.
5. Disruptions in internet service or communications infrastructure.
6. Cyberattacks, security breaches, or unauthorized third-party access.
Notification of Force Majeure: In the event of a force majeure occurrence, HireCentive will make reasonable efforts to notify affected Users of the delay or disruption and will work to resolve the issue as quickly as possible. Users will not hold HireCentive liable for any loss or damage caused by such delays or interruptions.
Continuation of Obligations: Should the force majeure event persist for more than sixty (60) days, either party may choose to terminate the affected services by providing written notice. However, any outstanding obligations (e.g., payments) must still be settled.

13. Modification of Terms

Right to Modify: HireCentive reserves the right to modify, update, or revise these Terms and Conditions at any time, with or without prior notice, except where required by law. Any such modifications will become effective immediately upon posting on the Platform, unless otherwise specified by HireCentive.
Notification of Changes: Users will be notified of material changes to the Terms and Conditions through the Platform or via email. It is the User’s responsibility to regularly review the Terms and Conditions to stay informed of any updates or changes.
Continued Use Constitutes Acceptance: Continued use of the Platform following any modification of the Terms and Conditions signifies the User's acceptance of the revised terms. If a User does not agree with the changes, their sole recourse is to terminate their account and cease using the Platform.
Amendments for Legal Compliance: HireCentive may make immediate modifications to these Terms and Conditions without prior notice when such changes are necessary to comply with legal or regulatory requirements.

14. Severability

Invalid Provisions: In the event that any provision or part of this Agreement is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties’ intentions, or if modification is not possible, such provision shall be severed from the Agreement.
Effect on Remaining Provisions: The invalidity or unenforceability of any specific provision of this Agreement shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
Reformation of Unenforceable Terms: If a provision is found to be invalid or unenforceable, the parties agree that the provision will be reformed to the minimum extent necessary to make it enforceable while retaining the parties' original intent.

15. Entire Agreement

Complete Agreement: This Agreement, together with any other legal documents, policies, or agreements expressly referenced herein (including the Privacy Policy, Harassment Policy, and POSH Policy), constitutes the entire understanding and agreement between the User and HireCentive regarding the use of the Platform.
Superseding Prior Agreements: This Agreement supersedes all prior or contemporaneous discussions, agreements, or understandings, whether written or oral, related to the subject matter hereof.
No Waiver: The failure of HireCentive to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by HireCentive. No waiver of any breach or default will be deemed to be a waiver of any preceding or subsequent breach or default.
Assignment: Users may not assign, transfer, or delegate their rights or obligations under this Agreement without the prior written consent of HireCentive. HireCentive may assign its rights and obligations without restriction, including in the event of a merger, acquisition, or sale of assets.

16. Governing Language

Language of the Agreement: In the event of any inconsistency or discrepancy between translations of these Terms and Conditions, the English version shall prevail. All notices, modifications, and communications regarding these Terms and Conditions shall be provided in English.

17. Acknowledgment and Acceptance of Terms

By engaging with HireCentive’s services and utilizing the Platform, all Users, including Companies, Recruiters, and Candidates, affirm their agreement with these Terms and Conditions. This Agreement embodies the collective commitment to professionalism, confidentiality, and fairness within the referral-based recruitment process, establishing a secure, trusted environment for all participants. By accepting these Terms, Users agree to abide by them in their entirety, and any breach may result in appropriate legal or disciplinary action by HireCentive.

Cancellation & Refund Policy

Last updated on 27-02-2025 13:04:50

HIRECENTIVE NETWORK TECHNOLOGIES LLP believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:

• Cancellations will be considered only if the request is made immediately after placing the order. However, the cancellation request may not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the process of shipping them.

• In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them. In case of any Refunds approved by the HIRECENTIVE NETWORK TECHNOLOGIES LLP, it’ll take 16-30 Days days for the refund to be processed to the end customer.

Contact Us

Last updated on 27-02-2025 13:01:25

You may contact us using the information below:

Merchant Legal entity name: HIRECENTIVE NETWORK TECHNOLOGIES LLP

Registered Address: 3-27-2232/7 kaustubha new layout, kadri kambla, bijai s.o, mangalore, karnataka, india, 575004, Mangalore, KARNATAKA, PIN: 575004

Telephone No: 8762418348
E-Mail ID: kaushal@hirecentive.com

JOIN US TODAY!