TERMS OF BUSINESS AND CONDITIONS FOR PERMANENT PLACEMENTS
AGREED BY GRROUPS & RECRUITER
In these terms the following words and expressions shall have the following meanings:
- 1.1 ‘GRROUPS.COM’, ‘GRROUPS’, ‘WWW.GRROUPS.COM’ means GRROUPS - Trade Mark of GLADWIN ANALYTICS PRIVATE LIMITED (OPC) with Registered CIN - U74900KA2015OPC078402.
- 1.2 ‘Recruitment Partner’ or ‘Partner’ means any talent acquisition executive works on a revenue sharing model with ‘GRROUPS.COM’ either on Full Time Employee status or ‘Independent Recruiter’ status.
- 1.3 ‘Candidate’ means any individual, whether employed or self employed, and/or a limited company through which an individual is offering services, or a supplier limited company, in respect of whom or which, or in respect of whose skills or services, information is provided to CLIENT by the GRROUPS.COM or by its ‘Recruitment Partners’.
- 1.4 Client’ means any person, firm or corporate body who utilises the services of GRROUPS.COM.
- 1.5 ‘Engagement’ means the offer of employment to a Candidate in any capacity whatsoever on either a permanent or fixed term contract basis, verbally or in writing.
- 1.6 ‘Fee(s)’ or “Success Fee” means the fees due to GRROUPS.COM as set out in paragraph 3.
- 1.7 ‘Remuneration’ (or) Salary means the total remuneration or salary paid or agreed to be paid to a Candidate in respect of the first year of the Engagement which (so far as possible) shall include the total gross amount of the following: salary, guaranteed profit share or bonus, housing and living allowances, relocation expenses, one-off payments and or the full amount of the cash alternative.
- 1.8 ‘Introduction’ means the submission or show casing of a Candidate to CLIENT by EMAIL, on GRROUPS.COM’S TALENT MARKETPLACE, BY POST OR FAX. References to the singular or the plural and vice versa and a reference to any gender include references to all genders.
- 2.1 Once the Partner has received this document any act by the Partner of utilizing or delivering services from GRROUPS.COM, is deemed to be and shall constitute their acceptance of these Terms of Business.
- 2.2 These terms shall be governed and construed in accordance with STATE LAW OF KARNATAKA, INDIA and the parties agree to submit to the exclusive jurisdiction of the KARNATAKA COURTS for all purposes in connection with these Terms and Conditions.
- 2.3 In the event of a conflict between these terms and conditions and any other agreement, the former shall prevail.
- 2.4 No variation or alteration of these Terms and Conditions shall be valid unless agreed in writing by an Authorised Signatory of GRROUPS.COM and by the Recruitment Partner.
- 3. PAYMENTS AND EXPENSES:
GRROUPS.COM agrees to pay a placement (SUCCESS FEE) fee to R ECRUITMENT PARTNER in the amount of 58% of the Invoice raised by GRROUPS.COM in connection with the candidates referred by the RECRUITMENT PARTNER. And, GRROUPS.COM will be obligated to pay such fee whenever
- 3.1.A candidate referred by RECRUITMENT PARTNER is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by THE CLIENTS OF GRROUPS.COM, at anytime within 6 months from the date of introduction of the candidate to GRROUPS.COM by the Recruitment Partner, and given that GRROUPS.COM received the Success Fee from the client in full.
For the purpose of paragraph 3.1 above, the word “referred” means ASSESSMENT OF THE CANDIDATE and getting them registered on GRROUPS.COM for the purpose of Online Talent Auction.
In addition to any fees, GRROUPS.COM agrees to pay all reasonable preapproved expenses incurred by RECRUITMENT PARTNER related to the performance of its services under this agreement for retained executive search and assessment.
GRROUPS.COM agrees to pay all placement fees and related expenses WITHIN 93 DAYS AFTER CANDIDATE’S DATE OF JOINING ITS CLIENT or start date. RECRUITMENT PARTNER becomes eligible to raise invoices for the Candidates referred by them at the end of GUARANTEE PREIOD (90 days) from the date of Candidate joining any of the clients of GRROUPS.COM. And, GRROUPS.COM is obligated to pay the partner fee within 3 days from the receipt of invoice from the RECRUITMENT PARTNER. GRROUPS.COM has all rights to deduct any Tax as per the Indian Government or/and Singapore Government regulations and changes brought by them.
If a Candidate referred by RECRUITMENT PARTNER is rejected by CLIENT at any stage or a Candidate rejects an offer made by CLIENT and is subsequently employed by CLIENT in any capacity whatsoever within 12 (twelve) months of rejection, including where a Candidate is re-introduced from another source, CLIENT shall be liable to pay the Fees to GRROUPS and GRROUPS is liable to pay the RECRUITMENT PARTNER as per the terms.
- 5.WAIVER OF FEE WHERE CANDIDATE IS ALREADY UNDER ACTIVE CLIENT CONSIDERATION
If GRROUPS.COM refers a candidate to CLIENT with whom CLIENT has already interviewed in the past 3 months or scheduled an interview in the past 30 days, and CLIENT so advises GRROUPS.COM within 5 business days following the referral, CLIENT will not owe GRROUPS.COM a fee in the event CLIENT hires the candidate. RECRUITMENT PARTNER always cross check with the candidates on all such instances and CLIENT shall provide GRROUPS.COM with documentation at GRROUPS.COM’s request sufficient to establish that the interview has been held or scheduled as claimed. In such cases, GRROUPS.COM is not liable to pay any success fee to the RECRUITMENT PARTNER.
- 6.1 GRROUPS.COM shall notify RECRUITMENT PARTNER immediately after any offer of Engagement has been accepted (whether verbally or in writing) and shall provide written details of the candidates Remuneration to RECRUITMENT PARTNER. If this information is not provided within the 90 (Ninety) days of the acceptance of the offer of Engagement, RECRUITMENT PARTNER shall be entitled to make a reasonable estimate of the Candidates Remuneration based on the information supplied by the Candidate and such reasonable estimate shall be deemed to be the Candidates Remuneration for the purposes of these payment terms and conditions.
- 6.2 Fees will be calculated and invoiced at GRROUPS.COM’s sole option in either U.K. sterling, U.S.A. dollars, Singapore dollars or Indian Rupee; irrespective of the currency in which the Candidates Remuneration is expressed. The exchange rate used to calculate the Fees will be taken as of the invoice date. Fees are net of all bank and international money transfer charges if applicable and GRROUPS.COM will indemnify RECRUITMENT PARTNER for any exchange rate losses incurred by RECRUITMENT PARTNER as a result of late payment by the Client or GRROUPS.COM.
- 7.1.REPLACEMENT GUARANTEE: In the event the employment of a candidate referred to CLIENT under this agreement lasts less than 90 calendar days, and provided that all fees and expenses relating to such referral have been paid, GRROUPS.COM will attempt to refer a replacement candidate for the same position at no additional charge to CLIENT. RECRUITMENT PARTNER is obligated under this agreement to attempting to find a replacement candidate. No payment will be made if GRROUPS.COM finds a replacement from any other source, or if CLIENT is no longer actively seeking to fill the position. This provision shall not apply if the candidate is laid off for lack of work, or resigns because CLIENT has significantly modified the candidate’s job duties or assigned him or her to another position.
- 7.2.CONFIDENTIALITY OF REFERRALS: All candidate referrals made by GRROUPS.COM are made on a confidential basis and RECRUITMENT PARTNER shall hold GRROUPS.COM harmless from any liability resulting from RECRUITMENT PARTNER’S unauthorized disclosure or misuse of information regarding any candidates or their candidacy.
- 8.MISCELLANEOUS PROVISIONS
- 8.1 CONFIDENTIALITY OF CLIENT INFORMATION: RECRUITMENT PARTNER agrees to maintain the confidentiality of any non-public proprietary client information that it may obtain in the course of performing services under this agreement and shall hold GRROUPS.COM harmless from any claim, loss, or liability resulting from RECRUITMENT PARTNER’S unauthorized disclosure of such information.
- 8.2 INDEPENDENT CONTRACTOR: The services provided by RECRUITMENT PARTNER under this agreement are provided as an independent contractor. Nothing in this agreement shall be construed as creating the relationship of principal and agent, joint venture, or employer and employee, between GRROUPS.COM and RECRUITMENT PARTNER unless otherwise agreed and mentioned.
- 8.3 NON-DISCRIMINATION: RECRUITMENT PARTNER agrees not to discriminate in referrals against any candidate on the basis of age, race, colour, religion, disability, sex, national origin, or veteran status.
- 8.4 GOVERNING LAW: This agreement will be governed by and enforced in accordance with the laws of the state of KARNATAKA, INDIA. The parties agree that courts within the state of KARNATAKA shall have the exclusive jurisdiction over any litigation brought or arising out of this agreement.
- 8.5 TERMINATION AND SURVIVAL OF CERTAIN PROVISIONS: This agreement may be terminated by either party upon 30 days written notice to the other party. GRROUPS.COM shall not be liable to RECRUITMENT PARTNER for any fees and expenses due under this agreement for any candidate referred to GRROUPS.COM is placed after the termination of agreement initiated by the RECRUITMENT PARTNER.
All other provisions of this agreement that by their terms extend beyond the termination of this agreement shall survive such termination and remain in full force and effect if the termination is initiated by GRROUPS.COM.
- 9.AGREEMENT ON CANDIDATE QUALITY
- 9.1 RECRUITMENT PARTNER agrees to do the preliminary assessment of the candidates before getting them registered on GRROUPS.COM for Talent Auction. The assessment includes and not limited to Experience, Current and Expected Remuneration, Communication Skills, Educational Qualifications, Notice Period, Languages Known, Preferred Locations and etc., as informed by GRROUPS.COM from time to time.
- 9.2 GRROUPS.COM is not required to or under any obligation to review, screen, edit, monitor, or remove any candidate referred by RECRUITMENT PARTNER on our Site, although we reserve the absolute right to remove, screen, or edit any candidate at any time and for any reason without any notice;
- 9.3 Your ability to use or interact with GRROUPS.COM Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.