We are The Hiring Gate. We are registered in Ahmedabad India under company number XXXXXXXX and have our registered address at Ahmedabad, India. The Hiring Gate for the purposes of this Agreement, includes any subsidiary or holding company of The Hiring Gate.
4.2. Unless otherwise agreed in a Company Agreement 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 and employment history, to undertake any additional security or criminal record checks, to check the validity of education and qualifications and, where the Vacancy requires, to ensure that a 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 a Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
4.3. The Employer shall use its best endeavours 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.
4.4. The Employer undertakes that where:
(a) 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 Placement 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.
4.5. 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.
4.6. 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 non-payment and the ensuing right of action.
4.7. 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 as an independent party 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.
4.8. The Employer shall inform Us 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 or Our Commission.
4.9. The Employer agrees that they shall not approach directly any Recruiters to whom they have been introduced to by Us, and engaged with on the Marketplace, for a period of 12 months after the introduction, engagement, or submission of such a Candidate through or by Us, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the Introduction.
4.10. The Employer 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, Commissions or Placement Fees. If an Employer is found to have contacted a Recruiter 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, Commissions or Placement Fees, within the period of 12 months after the introduction, engagement, or submission of a Candidate on Our Marketplace, the Employer will be liable to pay Us within 14 days of receipt of invoice any Commission that would have been due to Us had the Placement(s) made with that Recruiter taken place on Our Marketplace.
5.1. The Recruiter warrants that they are suitable to act as an Employment Agency and agree that they shall at all times comply with the Conduct Regulations,
5.2. When engaged with an Employer on the Marketplace, the Recruiter shall not publish or use the Employer’s company name or brand publicly when advertising the Employer’s Vacancy and searching for Candidates.
5.3. When uploading a Candidate’s CV onto the Marketplace, the Recruiter shall anonymise the CV so as not to include any personally identifiable information about the Candidate.
5.4. The Recruiter will use reasonable endeavours to introduce suitable Candidates to Employers via the Marketplace. The Candidates must meet the specification set out by the Employer in the Vacancy and the Recruiter agrees to properly Screen Candidates which they submit to Vacancies.
5.5. All CV submissions for Vacancies must be sent through Our Site. Any actions that circumvent or attempt to circumvent Our Site and the Marketplace/Portal Services by submitting CVs in any other way will lead to Account termination and potentially all loss of Account information, Account data, and Account reviews. In the event of such termination, We shall be under no obligation to refund any Recruiter Subscription Fee or pay any Placement Fee received from an Employer in respect of any Candidate submitted by the Recruiter.
5.6. The Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the Marketplace/Portal Services or Our Site with the intent or effect of depriving Us of due compensation, Commissions or Placement Fees.
5.7. The Recruiter agrees that they shall not approach directly any Employers to whom they have been introduced to by Us, 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 Us, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the Introduction.
5.8. 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, Commissions or Placement Fees, the Recruiter’s Account will be suspended immediately during a period of investigation. If evidence of wrongdoing is confirmed the Recruiter’s Account will be deleted and all data, ratings, and customer reviews will be lost.
5.9. Furthermore, if without written consent from Us, the Recruiter approaches directly any Employers to whom they have been Introduced to by Us, engaged with on the Marketplace, or submitted any Candidate CVs or information to, within a 12 month period from such Introduction, engagement or submission, the Recruiter will be liable to pay Us within 14 days of receipt of invoice any Commission that would have been due to Us had the Placement(s) the Recruiter has made with that Employer taken place on Our Marketplace.
5.10. Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site unless authorised by Us to utilise Our Split Fee Marketplace.
5.11. 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 a Recruiter who submits the Candidate first, cannot prove that the Candidate in question is a Screened Candidate including providing Consent Confirmation. This must be validated independently by the Candidate.
5.12. 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, as a neutral party 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.
5.13. Provided that an Employer is not already aware of a Candidate, and the Recruiter can provide evidence of this, the Recruiter shall be deemed to have ownership of a Candidate for the duration of the Fee Period. 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.
6.1. Unless otherwise agreed in writing, the Employer shall either pay the Job Posting Fee to list a Vacancy on the Marketplace and use the Marketplace Services, or enter into an annual Company Agreement with Us for job positing fee credits.
6.2. Where a Candidate is submitted by a Recruiter via the Marketplace and is successfully appointed in a posted Vacancy, or within any other role within the Employer’s organization (including any organization within the Employer’s group), We will invoice the Employer on the Candidate’s Start Date for the Placement Fee the Employer set when posting the job.
6.3. The Placement Fee is payable to Us within 30 days of the Candidate’s Start Date. If the Candidate in question does not commence employment, the Placement Fee shall not be payable and, if it has been paid to Us, it will be refunded in full.
6.4. An Employer will be liable for the Placement Fee in respect of a Candidate, where within six months of the Candidate being introduced to the Employer:
6.4.3 the Employer refers the Candidate to a third party, including another company or business in the Employer’s group of companies, and that third party employs or engages with the Candidate.
6.5. The Placement Fee excludes GST and other duties or taxes, which will be payable by the Employer at the rate in force on the date of invoicing.
6.6. We shall be entitled to deduct from any payments due to a Recruiter any amounts to account for any damages, losses or costs suffered or incurred by Us arising as a result of a Recruiter’s breach of this Agreement or its negligent acts or omissions
6.7. If any amount payable under these Terms is not paid in full and on time, interest will be payable on such amount from the date of invoice up to and including the date of payment.
7.1. Unless otherwise agreed in a Company Agreement the Rebate Period shall run from a Candidate’s Start Date and the length of the Rebate Period shall be 60 days. In the event that a Candidate terminates employment, or the Employer lawfully terminates the employment within the Rebate Period, the Employer shall be entitled to a Free Replacement at no extra cost. Upon hiring a Free Replacement the Employer accepts the Rebate has been satisfied in full. Should no satisfactory Free Replacement be found by the successful Recruiter within 14 days of termination, a Rebate will be issued, provided that:
(b) if all the Recruiters have Consent Confirmation, then the Recruiter who obtained the Consent Confirmation from the Candidate first will represent the Candidate; and
11.2 If none of the Recruiters representing the same Candidate for the same Vacancy have obtained Consent Confirmation for that Candidate, then ownership of the Candidate for the purpose of the Placement will lie with the Recruiter who submitted the Candidate to the Marketplace first. Consent Confirmation must then be obtained retrospectively in order that the Candidate may be a properly Screened Candidate/Contractor.
12.1 We reserve the right to require payment from a Recruiter for certain or all Marketplace Services in advance of using the Marketplace Services. A Recruiter shall pay all applicable fees, as described on Our Site in connection with such Marketplace Services as selected by them. In the event that the Recruiter pays the Recruiter Subscription Fee in one total upfront sum, for example for 12 months of Marketplace Services, the fees paid for the duration of the contract are non-refundable.
12.2 Should payment of an invoice become overdue for any reason, We reserve the right to take legal action to recover the overdue debt plus statutory interest, together with an invoice for the full Recruiter Subscription Plan contracted period and Our costs incurred as a result of this action. If the Recruiter fails to pay the outstanding debt in full within 7 days following notice of non-payment, We may commence legal proceedings without further notice to the Recruiter.
12.3 We reserve the right to change Our pricing and to institute new charges at any time, upon notice to the Recruiter, which may be sent by email or posted on Our Site. The Recruiter’s use of the Marketplace Services following such notification constitutes their acceptance of any new Terms or increased charges. Any fees paid hereunder are non-refundable.
12.4 We reserve the right at Our discretion to change any benefits, or to add or remove benefits on any subscription plan, from time to time without prior notice to the Recruiter. We do not guarantee that we will make available, and the Recruiter acknowledges that it may not receive any particular benefit during the term of the Recruiter Subscription Plan.
12.5 We grant the Recruiter access to non-exclusive, non-transferable Vacancies which the Recruiter may not give access, sublicense, split fee, or otherwise transfer the benefit of their Recruiter Subscription Plan to a third party, without Our prior written consent or authorization to utilise Our Split Fee Marketplace. Access to the benefits of the Recruiter Subscription Plan may only be accessed by named users for their internal business purposes only.
14.1 The Agreement shall remain in full force and effect while a Recruiter uses the Marketplace Services. A Recruiter may not terminate its use of the Marketplace Services within the first 12 months of purchasing a Recruiter Subscription Plan. We will automatically renew each Recruiter’s Subscription Plan thereafter and bill the Recruiter every month on the Recruiter Payment Date using the credit or debit card details it the Recruiter provided to Us. After the first 12 months, a Recruiter may terminate use of the Marketplace Services by providing 90 days written notice to their Account Manager before their Recruiter Payment Date. Non-payment of a Recruiter Subscription Fee and/or failure to provide Us with notice of cancellation, is not sufficient for termination and we reserve the right to recover any and all unpaid Recruiter Subscription Fees under contract.
14.2 We may suspend a Recruiter’s access to the Marketplace Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all data and information associated with the Recruiter’s Account on the Marketplace.
14.3 We shall be under no obligation to provide the Recruiter with access to the Marketplace if the Recruiter Subscription Fee (plus GST) is not paid to Us on time.
14.4 The Recruiter must ensure that we have the complete and accurate billing and contact information throughout the Recruiter Subscription Plan, including the full name of the Account holder, its business address, and billing contact email address. If the Recruiter 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.
14.5 We may also terminate or suspend any and all Marketplace Services and access to Our Site immediately, without prior notice or liability, if you breach any of the Terms of this Agreement. Upon termination of your Account, your right to use the Marketplace 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, obligations of confidentiality and limitations of liability.
14.6 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 the Employers and Candidates.
14.7 If the Recruiter terminates their use of the Marketplace Services by 90 day notice we reserve the right to handle any of the Recruiter’s existing Engagements in the best interest of the Employers and Candidates. We may, at Our discretion, allow the Recruiter to continue to work on an Engagement through to a successful Placement, however, regardless of the Recruiter Subscription Plan the Recruiter was on prior to their Account termination, in the event that the Vacancy is filled outside of a Recruiter Subscription Plan agreement We shall deduct 30% commission from the Placement Fee.
The Employer and the Recruiter acknowledge that Our Site operates a transparent ratings system, and feedback and review functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have a detrimental impact on the Recruiter’s or Employer’s Marketplace rating, feedback, and reputation.
Access to your Account on Our Site is not guaranteed and may expire at any time without notice. We therefore recommend all users make their own appropriate backups and logs of activities. You are not permitted to share access to your Account and must take reasonable steps to ensure your login credentials are kept confidential.
After commencing use of Hiring Gate, confirmed by registering an Account, Employers and Recruiters are forbidden to either directly or indirectly solicit or entice away (or seek or attempt to entice away) any employee of Hiring Gate. Employers and Recruiters are also forbidden to employ any services of any of Hiring Gate employees, or former employees, within twelve (12) months of the end of this Agreement, or twelve (12) months since the last time they logged into the Hiring Gate portal, without written consent from Hiring gate. A breach of this clause will render you liable to pay Us a liquidated damages fee in accordance with the following scale: non-senior employee 25,000 plus GST, senior employee 50,000 plus GST, managers and directors 100,000 plus GST.
Unless otherwise agreed in writing, by using Our Site and Marketplace Services all users give Us permission to disclose our business relationship to other parties to promote Our provenance. This includes (but is not limited to) your company name, logo, testimonials and any written or verbal communication.
These Terms contain the entire agreement for the Marketplace Services between Us and you, and supersedes all previous agreements relating to the same. Each party acknowledges and agrees that in entering into these Terms it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in these Terms. No changes can be made to these Terms without prior written consent by a Director of Hiring Gate.
