TERMS & CONDITIONS
Date 18 month 04 year 2020
1. DEFINITION
1.1. Client means the Company has a need to recruit Candidates through the use of Aniday's 4.0 recruiting platform.
1.2. Aniday means Aniday Co., Ltd, employees, of Aniday and Aniday's 4.0 recruiting platform.
Candidate means the person referred by recruitment specialist to Client through Aniday's recruitment platform
1.4. Services means the services provided on Aniday's recruiting platform.
1.5. Platform Usage Fee means the fee that Aniday receives from Client.
2. GENERAL
2.1. Important - please read these terms carefully. By using the Service, Client agrees that Client has read, understood, accepted and agreed to the terms. These Terms of Use and Aniday's policies constitute a legally binding agreement (“Agreement”) between Client and Aniday. The Agreement applies to Client when using the Services provided by Aniday. If Client does not agree to the Terms of Use, please do not use or continue using the Application or Service. Client also agrees to the commitments made by the Client in this Agreement and is fully responsible to any party for violating Client's commitments under this Agreement.
2.2. Aniday reserves the right to amend, change or modify the terms and conditions of this Agreement or Aniday's policies relating to the Service at any time deemed to be suitable by Aniday. Whenever Aniday changes these Terms, the changes will take effect immediately after Aniday posts the revised Terms (specified by amending the date at the beginning of these Terms) or when Client accepts if Aniday asks Client to confirm by email about the revised Terms (such as the confirmation or agreement button). Client is responsible for regularly checking the Terms of Use, the use of the Service after any changes, regardless of whether Client has reviewed them or not, that means Client has accepted upon and legally bound to changes under this Agreement.
2.3. Aniday Company Limited (Business Code 0315058807) ("Aniday") provides information and methods for recruitment specialists to introduce Candidates for Client, neither does nor intend to provide recruiting services in any form as a controller of recruiting individuals or organizations.
2.4. ANIDAY IS A TECHNOLOGY COMPANY THAT NEITHER PROVIDES NOR PARTICIPATES IN RECRUITMENT SERVICES AND ANIDAY IS NOT A RECRUITMENT SERVICE PROVIDER. ANIDAY PLATFORM IS PROVIDED TO FACILITATE RECRUITMENT SPECIALISTS TO RECOMMEND AND CONNECT CANDIDATES WITH CLIENTS. THE ROLE OF ANIDAY IS TO CONNECT CLIENTS WITH RECRUITMENT SPECIALISTS. ANIDAY WILL NOT BE RESPONSIBLE FOR ANY ACTIONS AND/OR OMISSIONS OF CLIENT, THE LIABILITY RELATED TO THE SERVICE MUST BE BORNE BY CLIENT FOR CLIENT'S BEHAVIOR. CLIENT IS NOT THE AGENT, EMPLOYEE OF ANIDAY AND THE INFORMATION PROVIDED BY CLIENT IS NOT CONSIDERED PROVIDED BY ANIDAY.
3. SCOPE OF SERVICE
Client agrees to use Services of Aniday to find and recruit Candidates. Aniday agrees to consult and support Client to connect with and receive resumes from recruitment specialists.
4. TERMS OF SERVICE
4.1. Confirm job order
Client submits hiring request and Aniday will work with Client to create a detailed job description and an ideal Candidates profile that Client is looking for. Client will provide Aniday with the following information concerning the position:
i. The overview of client’s business;
ii. The detailed job specification and job order;
iii. The remuneration which includes cash and non cash benefit.
4.2. Notification from Client
Client is responsible for notifying Aniday immediately when:
i. Within 24 (twenty-four) hours from the date the Candidates accepts or does not accept the job offer from Client;
ii. Within 48 (forty-eight) hours from the date the Candidates starts working or is not working for Client.
4.3. Acceptance
That Client confirms an interview with Candidatess recommended by recruiment specialists is considered as Client accepted the terms of Aniday. Client is responsible, but not limited to, for payment of Platform Usage Fee specified in this Agreement.
4.4. Confirmation
Client is responsible for notifying Aniday about the duplication of candidates within 24 hours of receiving information about the Candidates introduced through Aniday. If Client fails to notify Aniday within the time frame and the applicant is later offered to work in the company of Client within 12 months since Aniday introduces the Candidates, Client will be responsible for full payment of Platform Usage Fee.
4.5. Recruitment without notify
If Client directly contacts or interviews the Candidates introduced through Aniday but does not inform Aniday within 24 hours, it is understood that Client agrees with the terms of this Agreement. Aniday has the right to apply Platform Usage Fee and a fine of 3 times of the Platform Usage Fee in case the applicant is approved by Client, or his subsidiary or an affiliated company, that the Candidates satisfies working conditions and requirements, and is offered a letter of recommendation. This clause is applicable within 12 (twelve) months from the date of Aniday introducing the applicant to Client.
4.6. Warranty Conditions
Aniday applies a warranty package of 60 (sixty) days from the first working day of the Candidates. This Plan applies where the employment Agreement between Client and the Recruited Candidates has terminated ahead of time but during the Warranty Period for any reason except where such termination arises due to residual human resources (organizational structure change, departmental disbandment, business discontinued).
In this case, provided that the Client has paid fully and on time the Platform Usage Fee and must notify Aniday within 3 (three) days from the date the candidate leaves. Aniday will refund in the form of cash or bank transfer.
In the event the Candidate leaves the work before the date of payment for the Aniday, Client shall not be obliged to pay the Platform Usage Fee under the Aniday invoice issued before.
5. TERMS OF PAYMENT
5.1. Platform Usage Fee
The Client agrees to pay the Platform Usage Fee to Aniday upon recruiting the Successful Candidate corresponding to the amount of money specified in the Contract signed between Client and Aniday.
5.2. Invoice - Aniday will issue an invoice when:
Client successfully hires the Candidates; Aniday will issue an invoice on the first day the Candidates works for Client;
ii. In addition to the above Platform Usge Fee, VAT of 10% will be applied to all invoices issued to Client.
5.3. Payment Term
i. The billing period is 7 working days from the date of issue of the invoice. Payment via bank (if any) will be borne by Client;
ii. If Client does not pay all payments before the due date, Aniday will apply a 0.03% interest charge per day for late payment. The delinquent period is calculated from the payment due date to the time of payment.
5.4. Payment Method - The Platform Usage Fee agreed on the invoice will be paid to the Aniday to the account information provided by Aniday from time to time.
6. LIMITATION OF LIABILITY
6.1. In any case, Aniday, the parent company, or affiliates, or directors, employees, agents, collaborators, or licensors are not liable deal with any incidental, special or consequential damages arising from this Agreement for breach of Agreement, misconduct, negligence or any other cause of action, including but not limited any legal liability for any damage caused by or alleged to be caused by any performance omission, interruption, deletion, delay in operation or transmit, computer viruses, broken communication lines equipment failures, software faults, breaches, unauthorized access, or theft, vandalism, alteration substitution, or use of records.
6.2. In any case, Aniday, its parent company, or affiliates, or directors, employees, agents, collaborators or licensors are not liable to Client or any other third party regarding any decisions made or actions taken by Client for believing in content contained on Aniday recruiting platforms.
6.3. Client agrees and expressly acknowledges that Aniday is not liable for any defamatory, offensive, dishonest or other illegal acts of any user. If Client does not satisfy with any content of this Agreement, Client's sole remedy is to stop using Aniday's recruiting platform.
6.4. Aniday does not and will not approach or monitor the suitability, legality, ability, or performance of any party with Client, and Client expressly waives and releases Aniday from all liabilities claims or damages arising from or otherwise involving third parties and Client.
6.5. Aniday will not be a party to a dispute or negotiate a dispute between Client and any other third party. Client is solely responsible for its own conduct in connection with the Service. Client expressly disclaims and releases Aniday from all liabilities, claims, legal proceedings or damages arising from the use of the Service in connection with any relationship between Client and any third party.
6.6. Client agrees and acknowledges that, by agreeing to this Agreement, the Client waives Aniday from any obligations including but not limited to (responsibility for reimbursing the fees Aniday receives from information that Client requires Aniday to post to the system ...) because Client violates the Terms of this Agreement. Thus, for any request from any third party due to Client's breach, Client will be the main responsible, Aniday is not responsible for any breach of Client.
7. COMPLIANCE AND HANDLING OF BREACH
7.1. Client undertakes to comply with the provisions of this Agreement and the other Agreement, all related documents that have been signed by the Parties to regulate this relationship. In additon, such compliance is a condition precedent for using the Services.
7.2. In case Client violates any of the provisions of the Agreement, Aniday has the right to:
i. Remove all job postings of Client;
ii. Request Client to bear a penalty equal to three times of the Platform Usage Fee;
iii. Suspend and/or terminate of the provision of the Services without refunding any money received from Client;
iv. Request Client to compensate for any loss or damage arising from Client's breach.
8. COMPENSATION
Client agrees to pay and waive Aniday, its parent or its subsidiaries and affiliates, directors, employees and agents from liability, litigation and costs, including reasonable attorneys' fees, arising out of breach of this Agreement, from any other policy, from Client's use or access to Aniday.
9. CONFIDENTIALITY
9.1. Aniday currently only accepts recruitment requests from Clients who do not have the confidentiality requirements of the vacancy. Recruitment requirements, images, trademarks (including logo, website) will be used to attract partners to introduce Candidatess for Company. nghiệp.
9.2. Client is responsible for protecting the information of the Candidatess when introduced through Aniday, and are not allowed to disclose Candidates information without the consent of the Candidates.
9.3. Aniday assures the confidentiality of information about Candidatess that Aniday accepts or is able to receive from Client during the performance of this Agreement, ensures and prevents Client from being affected, damages from any claims damage, or liability arising out of the disclosure of information by Aniday without the consent of Client.
9.4. Client agrees to the confidentiality commitment of information related to the Service, the execution of transactions, and/or any other information collected from the conduct of transactions. Client will cooperate in preventing and combating the conduct of any third party in copying and illegally using Client's posted content or other information on the Internet.
9.5. Client may not disclose, share or sell the information about the Candidates that it collects from the use of the service to any other third party without any prior written consent of Aniday.
9.6. Client is responsible for keeping the account and password confidential, and using the account only for its recruitment purposes in accordance with this Agreement.
10. DISCLAIMER
Aniday is committed to recommending the most suitable Candidates for the Client. Aniday is not responsible for any negligence, dishonesty, misconduct or lack of skills of any Candidates. Pre-selection is the obligation of Client, and Client is fully responsible for the final selection.
