Each Customer Service Agreement Form duly filled up and signed by the Subscriber; and
The main body of the Agreement.
Definitions and Interpretation
Subscriber means the customer who is named in the customer service Agreement Form and has duly signed this Agreement.
Company Means Isometrics India Pvt. Ltd.
Services mean access to the resume database and posting of jobs and/or any other product or service offered by the company to the subscriber.
Username mean username provided by the company to the subscriber.
Password mean, any person other the Subscriber who is not party to this arrangement/Agreement.
Third Party mean, any person other the Subscriber who is not party to this agreement/Arrangement.
Website/Network means the company’s portal website www.isometricsindia.com for providing services under this agreement.
Material Breach means violation of any terms and condition of the agreement by the subscriber.
Tariff Plan referes to the details as mentioned in the rate card for product, services and packages introducing by the company from time to time for providing the services as a whole or in part for fixed and/or variable charges.
Uses of Services
The terms and Conditions mentioned herein apply to all Employers, Recruiters and other users who access of use services or website /Network.
Subscriber hereby undertakes to use the website and candidate data base fir “Recruitment” purpose only. Using content from Website and or candidate data base for any other commercial motive is strictly prohibited. In the event subscriber is found to misusing or transmitting any candidate data for any other purpose other than that being bonafide Recruitment purpose, the company reserve the right to take actions as it that deem fit including stopping access, reporting the incident/misuse to relevant authorities and/or initiating any legal proceeding and claiming damages.
Subscribes are expressly prohibited from copying, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data and information, available on website and/or any services or product of the Company, in any manner.
Subscribes are expressly prohibited for any commercial purpose such as creating alternate database, extending access to third parties without prior written consent of the company.
Subscribes are expressly prohibited for seeking fees in any name whatsoever.
Subscribes are expressly prohibited for approaching candidates/jobseekers for any purpose other that for specific existing vacancies.
Subscribers are expressly prohibited sharing access with persons who are not contracted with the company.
Subscribers are expressly prohibited for reselling the product/services offered by the company.
Provision of Services
After the agreement is entered into by the Subscriber, at the request of the subscriber, any designated person from subscriber shall undergo a training to use the services provided by the company in relation to the services opted by the subscriber.
Company reserves the right to terminate subscriber’s membership and to refrain from entertaining any further subscription and suspend or terminate the subscriber’s access to the site immediately and without notice if: Subscriber fails to make payment to the company when due; or when requested by the company to do so, the subscriber fails to provide within a reasonable time, enough information to enable the company to verify the accuracy and validity of any information supplied by the subscribes to have engaged, or are about to engage or are connected to or otherwise have way of being involved in fraudulent or illegal activity on website.
In care of the account being deactivated due to any technical only and not commercial reason whatsoever at the company’s end; it will credit the extra hours of usage to the subscriber’s account. However, this option will not be applicable to deactivation of account for non-payment or any reason beyond the scope of Company’s technical team.
The Subscriber hereby agrees and understands that the company is not bound to activate the services till the actual receipt/realization of subscription amount. The company may, in its sole discretion impose an interest equal to 18% per annum on all overdue accounts.
The company would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the Subscriber due to the reasons beyond its control like corruption of data as a result of any causes or conditions that are beyond the company’s reasonable control including but not limited to acts of Government, acts of God, Govt. Policies, tampering of data by third party like hackers, terrorism or by viruses, Trojan horses, trap doors, back doors, easter eggs, worms time bombs, cancelbots or computer programming routines that are intercept or expropriate any system, data or personal information. In no event will the company be liable for any such direct/indirect/ consequential loss of damages, including loss of profit or loss of reputation/defamation, even if advised of the possibility thereof.
The Company reserves its right to reject any insertion of information/data provided by the Subscriber without assigning any reason whatso over; either before uploading or after uploading the vacancy details, but in such an eventually, any amount so paid only for that particular vacancy, shall be refunded to the subscriber on a pro-rate basis at the sole discretion of the company except when such rejection is in due to inappropriateness of content, violation of any terms and conditions of this agreement of usage by the subscriber.
The company has the right to make all necessary modifications/editing of the vacancy details in order to facilitate uploading.
The job posting may not be substituted with other job postings during this term without incurring additional charges. Any jobs posted by subscriber on the website and in excess of the number of jobs provided for in this agreement will be billed to the subscriber and shall be payable by the subscriber in accordance with the terms hereof, at the company’s then prevailing rate for such job posting on the website.
Any re-activation of a deleted or expired job posting and any refreshing of any job posting constitutes use of an additional job posting hereunder.
Website’s resume database (each a “Resume Database”) is a private database for use by Subscriber’s only and Subscriber shall not transfer, sell or permit to use the password by anyone. A Subscriber is defined as one unique user with one unique password provided by the Company. If the Subscriber (including its employee or consultant) is found to share password with any third party, the company may revoke all passwords forthwith no refund will be given.
The Subscriber’s agrees to notify the Company promptly after the departure of any person to whom a password was provided and the company shall on such intimation issue a new password to the subscriber. The company reserves the right to periodically change issued passwords with prior notice only to identified hierarchy head for security reason. However changed password shall be informed to the subscriber immediately.
The website (including without limitation all data therein), and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of the company. Neither the Subscriber nor any of its employee shall do anything, which would in any way damage, injure or impair the validity of the company’s rights in the contents of the website. Notwithstanding the above, any data placed on the website by the Subscriber herein, and all elements which are a part of such data, and all intellectual and other proprietary rights therein, are and shall all times remain the company’s property.
All the creative for the package will be designed by company; however, all the content (logo, picture, text, etc.) shall be provided by the subscriber.
The subscriber shall by action of signing this agreement issue an implicit and binding warranty to not use/circulate/forward any candidate (s) resume hosted on the company’s website to the candidate(s) current employer as mentioned by the person in his/her resume.
The information on the Company’s website is for use by its Subscribers alone and does not authorize the Subscriber sell/distributes/circulate/forward the data and other information available in the website to any other person, company and organization for commercial exploitation at the cost of company.
The Subscriber shall keep in confidence any information received by the Subscriber under this agreement, irrespective of the business or the matters concerning the other and shall not disclose the same to any third party, save and except to any state or central Government or to any their agencies and/or any other concerned legal and other competent authorise on specific demand or under a general obligation
The Subscriber represents, warrants and assures that the data provided by the Subscriber in terms of this Agreement for uploading/posting shall not contain any viruses. Trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended t damage, detrimentally interfare with, surreptitiously intercept or expropriate any system, data or personal information in the event of detection of which the company will reserve the right to cancel the agreement abinitio and forefeit the consideration exchanged so for the purpose of this agreement. This will be apart from the right of the Company to take appropriate legal action, if required.
The data provided by the Subscriber shall be deemed to have been voluntarily supplied, non-confidential and the Subscriber hereby discharges the company of all obligations of confidentiality.
The Subscriber hereby agrees and understands that the charges paid by the Subscriber to the company under this agreement are non-refundable.
The Subscriber further represents and warrants and assures that, the data provided by the Subscriber for the purpose of uploading in the Website, shall not be voilative of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be voilative of any provision of law in force.
The Subscriber shall be solely responsible for maintaining confidentially of login/user Password and user identification. The Subscriber acknowledges and agrees that any unauthorized use of the Services may cause the company and/or its affiliates, financial loss. Accordingly, in the event of any unauthorized use, the Subscriber agrees that the Company, or its affiliates, or both, shall have the right to obtain injunctive or other equitable relief and that such remedies shall not be deemed to be the exclusive remedies for a breach by the subscriber of this clauses but shall be in addition to all other remedies available at law or equity.
The Subscriber undertakes that it shall not: (i)permit third parties to use of have unauthorized access to the services; (ii) grant unauthorized access or other rights in the services; (iii) modify, or expand any warranties or representations, (iv) assume, or create any obligation on Company’s behalf. The company reserves the right to suspend the services immediately upon becoming aware than as Permitted under this Agreement or by Applicable Law.
The Subscriber hereby specifically agree to comply with the requirement of the information technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made there under, while assessing or feeding and resume/insertion of information/data into the computers, computer systems or computer network of Isometrics.com. The said User/ Subscriber/ visitor to isometrics.com and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
The Subscriber hereby represented that Subscriber is competent to contract and have read and understand each term and condition mentioned in this agreement and agreed to terms and condition of these terms of Service.
The Company may suspend the Subscriber’s account/user id of any other service and company may terminate the services, at its sole discretion, at any time, with or without notice, in case the Subscriber:
1.1 Commits any misrepresentation, breach of thee terms and condition, representation and warranties and Subscribers as contemplated in this agreement;
1.2 uses the services provided by the Company for any illegal, unlawful or immoral purpose of in any fraudulent manner or for purpose not authorized by the Company;
1.3 prosecuted for any criminal offence including that of breach of any obligation and or commits a series of breaches which when taken together amount to a material breach under this agreement;
1.4 Commits any act which may tantamount to criminal act towards company’s employee or any public person at large;
1.5 Commits violation of any IPR, rights of privacy, rights of publicity and/or any other right of third party and shall not be voilative of any provision of law in force;
1.6 fails to make payments as per the terms and condition herein;
1.7 Receive advice from regulatory or any other competent authorities.
Consequences of Termination: If this Agreement terminate and Subscriber has any unfulfilled or accrued obligations including payment of fees, indemnification and confidentially then Subscriber shall continue to be bound by those obligations and to perform them on the terms of this agreement. Upon termination, the data base in the control or possession of the Subscriber that contain Confidential Information shall be destroyed.
Compliance with applicable Law
To the extent permitted by Law the company makes no warranties, express of implied, including the warranties of merchantability, fitness for a particular purpose, or no infringement with respect to its services or the website, or results of use thereon and all warranties and conditions. Express or implied are hereby exclude.
The subscriber shall comply with Applicable Laws. The Subscriber shall not do or omit to do any act or thing which may prejudice the interests of the Company.
The Subscriber agree to defend, indemnify and hold harmless the company, its officers, directors, employee and agents from and against any all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) Violation of any term of this agreement;
(b) Breach of representation and warranties as contemplated herein of from its provision of any material to the website, including but not limited to claims of breach of any third party rights including intellectual property rights;
(c) Violation of any applicable laws or regulations, or breach of any provision of any law for time being in force including but not limited to, any applicable data protection or privacy laws;
(d) Disclosure of, information gained from using candidate database or the website;
(e) Violation of any third party right, including without limitation any copyright, property, or privacy right;
(f) Actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate.
Subscriber acknowledges and agrees that the Company shall not be liable for: (i) the content, usage or any losses that arise to the Subscriber from the use of the service, (ii) any unlawful content transmitted, received, or stored through or in the website, (iii) claims relating to or arising out of breach of privacy and data protection laws connected with the use of the Website, (iv) Claims in connection with sending, enabling or receiving obscene, immoral, threatening, or other similarly objectionable material or information, or claims with respect to unsolicited, undesirable, or damaging message and information, viruses etc. Through or in the website.
Term of the Agreement
The Agreement shall be effective for the period as specified in the Customer Service Agreement Form. This Agreement will be extended automatically for a further period of similar duration, unless otherwise specified or terminate by the Company or by the Subscriber through a written communication to the company seeking withdrawal of services on or before at least 1 week from the date of expiry of the agreement. The Company will accordingly raise an invoice basis the prices of services prevailing at the time of extension/renewal of this agreement and all other terms and conditions of the agreement shall remain unchanged.
The Terms and Conditions between the Subscriber and the company shall be governed by the laws of India and any dispute or differences, if any between the subscriber and the company, shall be subject to the exclusive jurisdictions of the Courts in Maharashtra.
This Agreement is on principal basis and does not create and shall not be deemed to create any employer - employee or principal-agent relationship between the company and subscriber and/or its employees, agents and representatives.
This agreement (i) constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes and previous oral or written arrangements or understandings relating thereto; (ii) may be signed in counterparts, (iii) may not be amended, terminate or waived orally, (iv) may not be assigned, in whole or in part, directly or indirectly, otherwise, by the subscriber and only comes into existence when signed by its authorized signatory and (v) Company shall not be responsible for unauthorized access to data by third parties, or data lost whether or not arising during operation or transmission as a result of server function, virus, bugs or other causes beyond its control. The company will be entitled to assign all or any of its rights and obligations hereunder to any third party.
Any terms of this Agreement that may be invalid shall not affect the validity of enforcement of remaining valid terms of this agreement. The terms and conditions of this agreement may not be amended without the affirmative written consent of the company.
The company shall address all billing statements/ notices/correspondence under this agreement to the address given in this Customer services Agreement form. The Subscriber shall inform the company in writing of any changes in the address immediately and obtain an acknowledgement to such effect.
The Company reserves the right to recover/charge any amounts to the Subscriber on account of any taxes levied by the Central/State Govt. On the services as contemplated in this agreement from time to time and which are not included in the total payment consideration received by the company.