Terms and Conditions
Apnatime Tech Private Limited (“Apna/Company”) is a marketplace for recruiters and potential employees to connect with each other, additionally for the purposes of this Terms and Conditions, the Company is engaged in providing offline services related to recruitment and other allied services (“Services”).
Apna shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Apna in relation to any Services at any time.
A party (“Client”) availing the Services shall pay the Company fees for use of the Services. Any additional services availed of by the Client shall be subject to such additional fees and charges as determined by the Company.
All Payments shall be exclusive of applicable taxes, including Goods and Service Tax. The Parties shall be responsible for their own compliance in relation to the deposit and filing of the applicable taxes.
The Client shall be solely responsible for payment of all taxes and shall keep the Company and its representatives indemnified and held harmless against any losses, damages, costs and expenses that may be incurred or suffered by the Company, as a result of failure of the Client to make such Tax payments or on account of any breach of contract, warranty, tort (including negligence) or otherwise of any of the Client’s obligations or Terms and Conditions contained herein.
If the Client deducts Tax Deducted at Source on any Payments made to the Company, it shall provide the Company with the relevant tax filing certificates as required by the Company.
The Client agrees that it will arrange to undertake all necessary steps to be compliant under Goods and Services Tax (GST) laws, if applicable to the Client. Further, the Client shall provide a copy of its GST registration to the Company at the time of executing the Terms and Conditions, if applicable to the Client.
Each Party shall at all times, retain and have sole and exclusive right and title to, ownership of, and interest in any specifications, information, documentation or data that is provided by one Party to the other Party under the Terms and Conditions.
All information furnished to the Client by the Company in connection herewith, is highly confidential ("Confidential Information").
These confidentiality obligations shall not apply to any Confidential Information that: (i) is or becomes part of the public domain through no fault of the Client; (ii) can be shown by the Client to the Company's reasonable satisfaction to have been known to the Client prior to the disclosure by the Company without any obligation to keep such Confidential Information confidential; (iii) is required by law or any governmental or other regulatory authority to be disclosed or by the order of a court of competent jurisdiction.
The mere omission to designate a particular item of information as Confidential Information shall not in itself suffice to waive the Client's confidentiality obligations in respect of such information.
The Client agrees to defend, indemnify, and save harmless the Company and its officers and directors, employees, agents, and representatives from any and against any losses, claims, costs, liabilities, or expenses incurred, whether based in claims of tort or contract (including court costs and attorney fees) incurred or sustained by the Company due to the Vendor's gross negligence, fraud, wilful misrepresentation, or breach of confidentiality.
No intellectual property of any nature shall be transferred from the Company to Client in course of performing any obligations, Services or otherwise under the Terms and Conditions. The Company shall remain the exclusive owner of its intellectual property.
If any dispute arises out of, or in connection with the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Parties, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the Parties (“Dispute”), the Parties shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.
If the Parties are unable to amicably settle the Dispute as mentioned above, either Party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre (“DIAC Rules”), which rules are deemed to be incorporated by reference in the clause. The place and seat of the arbitration shall be New Delhi. The language of the arbitration shall be English. The law governing the arbitration Terms and Conditions shall be Indian Law.
Nothing shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at Bangalore, having exclusive jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.
If any court or competent authority in India finds that any provision of the Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms and Conditions shall not be affected.
The Client hereby acknowledges and agrees that the Company is providing the Services to the Client on a non-exclusive basis and it shall be free to enter into any arrangement with such other customers as may be deemed expedient by the Company from time to time.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
Scope of work - The Company shall provide the Client with information regarding candidates that are suitable for the job requirement and/or specifications as specified by the Client in writing (“Candidates”).
The Company shall on the instructions of the Client initiate recruitment and hiring of Candidates using Company’s database and based on the job description provided by the Client to the Company.
The Client shall specify the number of Candidates required and the timeframe for the requirement to the Company in writing.
The Company shall suggest the Candidates to the Company for the Purpose of the Terms and Conditions and the Candidates shall thereafter be shortlisted, screened and finalized by Client at its sole discretion.
The Company shall validate and provide the CVs to the Client in accordance with the specifications as provided by the Client.
If any Candidate is recruited by the Client from such CVs provided by the Company (even if such a CV was rejected earlier) within 6 (six) months of receipt of the CV, the Client is bound to inform the Company on the first instance to raise the invoice or alternatively the Company will raise the invoice for the recruitment or conversion. In such cases, the Payments shall be made instantly on receipt of the invoice.
The Company shall ensure that the profiles of the Candidates submitted to Client meet the Quality Control (“QC”) standards as communicated to the Company by the Client, ensuring that only suitable Candidates are considered for recruitment and onboarding process.
The Company shall maintain transparent and timely communication with Client throughout the shortlisting and recruitment process, providing regular updates on the progress, challenges, and any deviations from the agreed-upon timeline.
The Client shall provide the Company with the Job Description of Candidates required for the Purpose of the Terms and Conditions.
Payments - The Client shall pay the Company for the Services provided in accordance with of the Terms and Conditions.
The Company reserves the right to modify or vary the Payments terms and conditions at its sole discretion. Any such modification or variance to the Payment terms and conditions shall be communicated to the Client in writing.
If within sixty (60) from the start date of a Candidate’s employment, the Candidate resigns from the employment of Client or is terminated by Client on issues of fraud, misappropriation, sabotage, or the submission of any incorrect information to seek employment, only in such cases shall the Company hire a replacement within sixty (60) days or refund to Client any Success Fee already paid, within thirty (30) days from the expiry of such given period. If a Candidate is terminated for any other reason except the ones mentioned above, Success Fee will be eligible for Payments by the Client as specified in Annexure II of the Terms and Conditions.
The Company shall raise valid and undisputed invoice for the Payments after achieving the applicable milestone as described in the Terms and Conditions. Any dispute related to tax shall be shared within 5 (five) days.
If Client disputes any portion of the tax invoice, it shall notify the Company within 5 (five) working days following the receipt of tax invoice about the disputed amount. Client and the Company agree to use their respective commercially reasonable efforts to resolve any dispute within 7 (seven) working days after the Company receives the written notice of dispute from Client.
All notice, demands and other communication in connection herewith shall be written in English language and shall be sent to the following email, or fax of the concerned party. Any notice shall be effective from the date on which it reaches the other Party.
The Client can use the Email: legal@apna.co to reach out for any query.
Apnatime Tech Private Limited (“Apna/Company”) is a marketplace for recruiters and potential employees to connect with each other, additionally for the purposes of this Terms and Conditions, the Company is engaged in providing offline services related to recruitment and other allied services (“Services”).
Apna shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Apna in relation to any Services at any time.
A party (“Client”) availing the Services shall pay the Company fees for use of the Services. Any additional services availed of by the Client shall be subject to such additional fees and charges as determined by the Company.
All Payments shall be exclusive of applicable taxes, including Goods and Service Tax. The Parties shall be responsible for their own compliance in relation to the deposit and filing of the applicable taxes.
The Client shall be solely responsible for payment of all taxes and shall keep the Company and its representatives indemnified and held harmless against any losses, damages, costs and expenses that may be incurred or suffered by the Company, as a result of failure of the Client to make such Tax payments or on account of any breach of contract, warranty, tort (including negligence) or otherwise of any of the Client’s obligations or Terms and Conditions contained herein.
If the Client deducts Tax Deducted at Source on any Payments made to the Company, it shall provide the Company with the relevant tax filing certificates as required by the Company.
The Client agrees that it will arrange to undertake all necessary steps to be compliant under Goods and Services Tax (GST) laws, if applicable to the Client. Further, the Client shall provide a copy of its GST registration to the Company at the time of executing the Terms and Conditions, if applicable to the Client.
Each Party shall at all times, retain and have sole and exclusive right and title to, ownership of, and interest in any specifications, information, documentation or data that is provided by one Party to the other Party under the Terms and Conditions.
All information furnished to the Client by the Company in connection herewith, is highly confidential ("Confidential Information").
These confidentiality obligations shall not apply to any Confidential Information that: (i) is or becomes part of the public domain through no fault of the Client; (ii) can be shown by the Client to the Company's reasonable satisfaction to have been known to the Client prior to the disclosure by the Company without any obligation to keep such Confidential Information confidential; (iii) is required by law or any governmental or other regulatory authority to be disclosed or by the order of a court of competent jurisdiction.
The mere omission to designate a particular item of information as Confidential Information shall not in itself suffice to waive the Client's confidentiality obligations in respect of such information.
The Client agrees to defend, indemnify, and save harmless the Company and its officers and directors, employees, agents, and representatives from any and against any losses, claims, costs, liabilities, or expenses incurred, whether based in claims of tort or contract (including court costs and attorney fees) incurred or sustained by the Company due to the Vendor's gross negligence, fraud, wilful misrepresentation, or breach of confidentiality.
No intellectual property of any nature shall be transferred from the Company to Client in course of performing any obligations, Services or otherwise under the Terms and Conditions. The Company shall remain the exclusive owner of its intellectual property.
If any dispute arises out of, or in connection with the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Parties, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the Parties (“Dispute”), the Parties shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.
If the Parties are unable to amicably settle the Dispute as mentioned above, either Party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre (“DIAC Rules”), which rules are deemed to be incorporated by reference in the clause. The place and seat of the arbitration shall be New Delhi. The language of the arbitration shall be English. The law governing the arbitration Terms and Conditions shall be Indian Law.
Nothing shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at Bangalore, having exclusive jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.
If any court or competent authority in India finds that any provision of the Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms and Conditions shall not be affected.
The Client hereby acknowledges and agrees that the Company is providing the Services to the Client on a non-exclusive basis and it shall be free to enter into any arrangement with such other customers as may be deemed expedient by the Company from time to time.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
Scope of work - The Company shall provide the Client with information regarding candidates that are suitable for the job requirement and/or specifications as specified by the Client in writing (“Candidates”).
The Company shall on the instructions of the Client initiate recruitment and hiring of Candidates using Company’s database and based on the job description provided by the Client to the Company.
The Client shall specify the number of Candidates required and the timeframe for the requirement to the Company in writing.
The Company shall suggest the Candidates to the Company for the Purpose of the Terms and Conditions and the Candidates shall thereafter be shortlisted, screened and finalized by Client at its sole discretion.
The Company shall validate and provide the CVs to the Client in accordance with the specifications as provided by the Client.
If any Candidate is recruited by the Client from such CVs provided by the Company (even if such a CV was rejected earlier) within 6 (six) months of receipt of the CV, the Client is bound to inform the Company on the first instance to raise the invoice or alternatively the Company will raise the invoice for the recruitment or conversion. In such cases, the Payments shall be made instantly on receipt of the invoice.
The Company shall ensure that the profiles of the Candidates submitted to Client meet the Quality Control (“QC”) standards as communicated to the Company by the Client, ensuring that only suitable Candidates are considered for recruitment and onboarding process.
The Company shall maintain transparent and timely communication with Client throughout the shortlisting and recruitment process, providing regular updates on the progress, challenges, and any deviations from the agreed-upon timeline.
The Client shall provide the Company with the Job Description of Candidates required for the Purpose of the Terms and Conditions.
Payments - The Client shall pay the Company for the Services provided in accordance with of the Terms and Conditions.
The Company reserves the right to modify or vary the Payments terms and conditions at its sole discretion. Any such modification or variance to the Payment terms and conditions shall be communicated to the Client in writing.
If within sixty (60) from the start date of a Candidate’s employment, the Candidate resigns from the employment of Client or is terminated by Client on issues of fraud, misappropriation, sabotage, or the submission of any incorrect information to seek employment, only in such cases shall the Company hire a replacement within sixty (60) days or refund to Client any Success Fee already paid, within thirty (30) days from the expiry of such given period. If a Candidate is terminated for any other reason except the ones mentioned above, Success Fee will be eligible for Payments by the Client as specified in Annexure II of the Terms and Conditions.
The Company shall raise valid and undisputed invoice for the Payments after achieving the applicable milestone as described in the Terms and Conditions. Any dispute related to tax shall be shared within 5 (five) days.
If Client disputes any portion of the tax invoice, it shall notify the Company within 5 (five) working days following the receipt of tax invoice about the disputed amount. Client and the Company agree to use their respective commercially reasonable efforts to resolve any dispute within 7 (seven) working days after the Company receives the written notice of dispute from Client.
All notice, demands and other communication in connection herewith shall be written in English language and shall be sent to the following email, or fax of the concerned party. Any notice shall be effective from the date on which it reaches the other Party.
The Client can use the Email: legal@apna.co to reach out for any query.
Apnatime Tech Private Limited (“Apna/Company”) is a marketplace for recruiters and potential employees to connect with each other, additionally for the purposes of this Terms and Conditions, the Company is engaged in providing offline services related to recruitment and other allied services (“Services”).
Apna shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Apna in relation to any Services at any time.
A party (“Client”) availing the Services shall pay the Company fees for use of the Services. Any additional services availed of by the Client shall be subject to such additional fees and charges as determined by the Company.
All Payments shall be exclusive of applicable taxes, including Goods and Service Tax. The Parties shall be responsible for their own compliance in relation to the deposit and filing of the applicable taxes.
The Client shall be solely responsible for payment of all taxes and shall keep the Company and its representatives indemnified and held harmless against any losses, damages, costs and expenses that may be incurred or suffered by the Company, as a result of failure of the Client to make such Tax payments or on account of any breach of contract, warranty, tort (including negligence) or otherwise of any of the Client’s obligations or Terms and Conditions contained herein.
If the Client deducts Tax Deducted at Source on any Payments made to the Company, it shall provide the Company with the relevant tax filing certificates as required by the Company.
The Client agrees that it will arrange to undertake all necessary steps to be compliant under Goods and Services Tax (GST) laws, if applicable to the Client. Further, the Client shall provide a copy of its GST registration to the Company at the time of executing the Terms and Conditions, if applicable to the Client.
Each Party shall at all times, retain and have sole and exclusive right and title to, ownership of, and interest in any specifications, information, documentation or data that is provided by one Party to the other Party under the Terms and Conditions.
All information furnished to the Client by the Company in connection herewith, is highly confidential ("Confidential Information").
These confidentiality obligations shall not apply to any Confidential Information that: (i) is or becomes part of the public domain through no fault of the Client; (ii) can be shown by the Client to the Company's reasonable satisfaction to have been known to the Client prior to the disclosure by the Company without any obligation to keep such Confidential Information confidential; (iii) is required by law or any governmental or other regulatory authority to be disclosed or by the order of a court of competent jurisdiction.
The mere omission to designate a particular item of information as Confidential Information shall not in itself suffice to waive the Client's confidentiality obligations in respect of such information.
The Client agrees to defend, indemnify, and save harmless the Company and its officers and directors, employees, agents, and representatives from any and against any losses, claims, costs, liabilities, or expenses incurred, whether based in claims of tort or contract (including court costs and attorney fees) incurred or sustained by the Company due to the Vendor's gross negligence, fraud, wilful misrepresentation, or breach of confidentiality.
No intellectual property of any nature shall be transferred from the Company to Client in course of performing any obligations, Services or otherwise under the Terms and Conditions. The Company shall remain the exclusive owner of its intellectual property.
If any dispute arises out of, or in connection with the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Parties, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the Parties (“Dispute”), the Parties shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.
If the Parties are unable to amicably settle the Dispute as mentioned above, either Party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre (“DIAC Rules”), which rules are deemed to be incorporated by reference in the clause. The place and seat of the arbitration shall be New Delhi. The language of the arbitration shall be English. The law governing the arbitration Terms and Conditions shall be Indian Law.
Nothing shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at Bangalore, having exclusive jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.
If any court or competent authority in India finds that any provision of the Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms and Conditions shall not be affected.
The Client hereby acknowledges and agrees that the Company is providing the Services to the Client on a non-exclusive basis and it shall be free to enter into any arrangement with such other customers as may be deemed expedient by the Company from time to time.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
Scope of work - The Company shall provide the Client with information regarding candidates that are suitable for the job requirement and/or specifications as specified by the Client in writing (“Candidates”).
The Company shall on the instructions of the Client initiate recruitment and hiring of Candidates using Company’s database and based on the job description provided by the Client to the Company.
The Client shall specify the number of Candidates required and the timeframe for the requirement to the Company in writing.
The Company shall suggest the Candidates to the Company for the Purpose of the Terms and Conditions and the Candidates shall thereafter be shortlisted, screened and finalized by Client at its sole discretion.
The Company shall validate and provide the CVs to the Client in accordance with the specifications as provided by the Client.
If any Candidate is recruited by the Client from such CVs provided by the Company (even if such a CV was rejected earlier) within 6 (six) months of receipt of the CV, the Client is bound to inform the Company on the first instance to raise the invoice or alternatively the Company will raise the invoice for the recruitment or conversion. In such cases, the Payments shall be made instantly on receipt of the invoice.
The Company shall ensure that the profiles of the Candidates submitted to Client meet the Quality Control (“QC”) standards as communicated to the Company by the Client, ensuring that only suitable Candidates are considered for recruitment and onboarding process.
The Company shall maintain transparent and timely communication with Client throughout the shortlisting and recruitment process, providing regular updates on the progress, challenges, and any deviations from the agreed-upon timeline.
The Client shall provide the Company with the Job Description of Candidates required for the Purpose of the Terms and Conditions.
Payments - The Client shall pay the Company for the Services provided in accordance with of the Terms and Conditions.
The Company reserves the right to modify or vary the Payments terms and conditions at its sole discretion. Any such modification or variance to the Payment terms and conditions shall be communicated to the Client in writing.
If within sixty (60) from the start date of a Candidate’s employment, the Candidate resigns from the employment of Client or is terminated by Client on issues of fraud, misappropriation, sabotage, or the submission of any incorrect information to seek employment, only in such cases shall the Company hire a replacement within sixty (60) days or refund to Client any Success Fee already paid, within thirty (30) days from the expiry of such given period. If a Candidate is terminated for any other reason except the ones mentioned above, Success Fee will be eligible for Payments by the Client as specified in Annexure II of the Terms and Conditions.
The Company shall raise valid and undisputed invoice for the Payments after achieving the applicable milestone as described in the Terms and Conditions. Any dispute related to tax shall be shared within 5 (five) days.
If Client disputes any portion of the tax invoice, it shall notify the Company within 5 (five) working days following the receipt of tax invoice about the disputed amount. Client and the Company agree to use their respective commercially reasonable efforts to resolve any dispute within 7 (seven) working days after the Company receives the written notice of dispute from Client.
All notice, demands and other communication in connection herewith shall be written in English language and shall be sent to the following email, or fax of the concerned party. Any notice shall be effective from the date on which it reaches the other Party.
The Client can use the Email: legal@apna.co to reach out for any query.
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