TERMS & CONDITIONS WHEN REFERRING THE CANDIDATES ON ANIDAY PLATFORM
Date: 18/04/2020
1. DEFINITIONS
1.1 Aniday means Aniday Co., Ltd, employees of Aniday and Aniday's 4.0 recruitment platform.
1.2 You mean any individual or organization that registers to use Aniday's recruitment platform.
1.3 Client means the Company has a need to recruit candidates through the use of Aniday's 4.0 recruitment platform.
1.4 Candidate means the person referred to Client by You through Aniday's recruitment platform .
1.5 Services means the services provided on Aniday's recruiting platform
1.6 Platform Usage Fee is the fee that Aniday receives from Client.
1.7 Force Majeure Event means a Force Majeure event in accordance with substantive law .
2. OVERVIEW
2.1. Important - please read these terms carefully. By using the Services, You agree that You have read, understood, accepted and agree to the terms. These Terms of Use and Aniday's policies constitute a legally binding agreement ("Agreement ") between You and Aniday. The Agreement applies to Your use of the Service (as defined below) provided by Aniday. If You do not agree to the Terms of Use, please do not use or continue using the Application or the Service. You also agree to the commitments made by You below and are fully responsible to any party for violating Your 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 related to the Service at any time deemed to be suitable by Aniday. Whenever Aniday changes these Terms, the changes will take effect immediately after Recruitey posts the revised Terms (specified by amending the date at the beginning of these Terms) or when You accept if we ask You to confirm by email the revised Terms (such as the confirmation or agreement button). You are responsible for regularly checking the Terms of Use, continued use of the Service after any changes, whether You have reviewed them or not, will mean You have accepted and been legally binding on changes under this Agreement.
2.3. Aniday Limited Company (Business Code 0315058807) ("Aniday") provides information and methods for You to introduce Candidates for Client, but neither and nor intention to provide recruiting Services in any form as an operator 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 recruiting service provider. Aniday platform is provided to enable You (as a recruiter) to introduce and connect candidates with Client. The role of Aniday is to connect Client with You. Aniday will not be responsible for any of your actions and/ or omissions, the liabilities related to the service must be borne by You for your acts. You are not the recruiter's agent, employee or worker and the information provided by You is not considered to be provided by Aniday.
3. CONDITIONS FOR RECEIVING REWARDS
3.1. When You introduce successful candidates (that means, candidates who accept to work for Client), you will receive a referral bonus in 3 periods:
i. 25% of the referral reward will be paid after the Candidate has finished the first 15 days.
ii. 25% of the referral reward will be paid after the Candidate has finished the first 30 days.
iii. 50% of the referral reward after Client has signed an official employment Agreement with the Candidate.
3.2. There is no limit to the number of positions to which You can refer your Candidates.
3.3. To maintain the quality standards of Aniday, Aniday has the right to view profiles and reject unqualified referrals. When rejecting, Aniday will inform the reason, You can edit and update the information to continue referring candidates.
3.4. You agree and acknowledge that, in any case, if Client has not paid the Platform Usage Fee for Aniday, Aniday will not pay referral rewards to You. This situation often happens to enterprises or employers recruiting through Aniday for the first time, and payment is delayed due to paperwork.
4. PAYMENT TERM
4.1. Payment value: According to the reward ratio based on the conditions for receiving rewards specified in Section 3. For each condition, the percentage of rewards You receive will be different.
4.2. For members who self-nominate for the hiring position, with each reward You earn, Aniday will take Platform Usage Fee up to 50% of the referral reward specified for each successful candidate referral. This fee will be decided entirely by Aniday, from time to time.
4.3. If the Candidate is interviewed but still does not know the job information as well as Client (provided in JD), You will only receive 50% of the referral reward.
4.4. Payment term: Aniday will aggregate your income statement and pay on the 5th and 20th of every month. The payment amount will be the sum of your successful transactions from the reporting date back to the previous "summary date". The actual amount received will be deducted 10% of the PIT ( Personal Income Tax ).
4.5. Payment methods: Transfer to Account information provided by You. You are responsible for the Bank Payment Fee (if any).
4.6. Claims for received payments must be sent to the Aniday in writing or support mailbox within 07 (seven) days from the date You receive the income statement.
5. WARRANTY
Aniday applies a warranty package of 60 (sixty) days from the first day Candidates start working for Client. In this case, depending on each milestone, You will receive:
5.1. 0% of the referral reward if the candidate is off for the first 15 days of work.
5.2. 25% of the referral reward if the candidate is off from the 16th day to the 30th day.
5.3. 50% of the referral bonus if the candidate is off between the 31th day and the 60th day.
5.4. 100% of the referral reward after Client has signed an official employment Agreement with the Candidate.
6. POLICY OF PROTECTION PERSONAL DATA
6.1. For the purposes of this Agreement, "Personal Data " means information about You from which you are identifiable, including, but not limited to your name, phone number, credit or debit card details, gender, email address, any information about You which You have provided to Aniday in the registration forms, applications or any similar forms and / or any information about You that has been or may be collected, stored, used and processed by Aniday from time to time.
6.2. The provision of Your Personal data is completely voluntary. However, if You do not provide Aniday with Your Personal data, your request to use the Services may be incomplete and Aniday will not be able to process Your Personal data for the Purposes outlined below and may cause Aniday to be unable to allow You to use the Service.
6.3. Aniday may use and process Your Personal data for business and activities of Aniday which shall include, without limitation the following (the “Purposes”):
i. To perform the Aniday’s obligations in respect of any Agreement entered with You;
ii. To provide You with any services pursuant to the Terms of Use herein;
iii. To process, manage or verify your application for the Service pursuant to the Terms of Use herein;
iv. To validate and/or process payments pursuant to the Terms of Use herein;
v. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
vi. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
vii. To respond to questions, comments and feedback from You;
viii. To exchange to You about any of the purposes listed herein;
ix. For internal administrative purposes, such as auditing, data analysis, database records;
x. For Aniday to comply with its obligations any applicable laws, regulations;
xi. To send You notification, newsletters, updates, mails, promotional materials, special privileges, festive greetings from Aniday, its partners, advertisers and or sponsors;
xii. To notify and invite You to events or activities organized by the Aniday , its partners, advertisers, and/or sponsors;
If You do not agree to Aniday using Your Personal Information for any of the above Purposes, please notify Aniday of that via email [email protected]
6.4. If any of the Personal Data that You have provided to Aniday, for example, if You change your e-mail address, telephone number, payment details or if You wish to cancel your account or withdraw your permission to receive communications, please update your information on the system. Any changes of personal data without updating to the system will lead to problems arising during the use of the Service, including but not limited to the payment of bonuses to You, Aniday will not be responsible.
7. GUARANTEE, WARRANT, AND COMMITMENT.
By using Aniday Services, You expressly gurantee, warrant and commit that:
7.1. You guarantee, warrant and commit that You have full rights and authority to enter into this Agreement and Your acceptance of these Terms of Use and fulfill your obligations under the Agreement, no and will not breach any other agreements you enter into.
7.2. You own the content which You post to or through the Services or in other words, You are granted the rights and licenses set forth in these Terms of Use; (ii) posting and using the Content on or through the Service does not infringe, illegally possession or infringe on the rights of any third party, including but not limited to privacy rights, publicity rights, copyright, trademark and / or other intellectual property rights.
i) Profile Name Policy
The name used on a Aniday profile must be your real, legal name - the name you are commonly known by in real life. Nicknames, pseudonyms, or impersonations of other people are against Aniday's real name policy. The purpose of this policy is to ensure members are authentically representing themselves.
ii) Profile Photo Policy
The profile photo must be a photo of your face clearly showing your facial features. It cannot include inappropriate content or violate Aniday's content policy. The photo must be representative of your current appearance. Photos are meant to unambiguously identify the member and prevent misrepresentation.
iii) Enforcement Policy
Aniday reviews profile names and photos to ensure members are authentically representing themselves and not attempting to mislead others through inaccurate identity details. Profiles found to be purposefully misleading in the name or photo presentation may be suspended or removed from Aniday. Overall, Aniday aims to promote transparency regarding members' real world identities through the enforcement of these policies.
7.3. You warrant and guarantee that you will not approach Aniday's Enterprise Clients to introduce or recommend any similar service to the service that Aniday offers to businesses.
7.4. Aniday has the right to remove any Content from the Service for any reason which, in its sole discretion, violates these Terms, violates laws, rules or regulations, is abusive in nature, disrupt, offend or illegal, or violate the rights, or harm or threaten the safety of Users of any Aniday.co website. Aniday has the right to deport users and prevent their subsequent access to the Aniday.co website and / or use the Aniday Services when violating these Terms or violating laws, rules or regulations.
7.5. Aniday is permitted to take any action related to your Content when it is deemed necessary or appropriate if Aniday believes that your Content may create liability for Aniday, causing damage to the Aniday’s brand.
7.6. All information which You provide shall be true and accurate and You will only use the Services for lawful purposes.
7.7. You will not take any behavior with purpose trying to interrupt or harm the Service in any way whatsoever;
7.8. You shall not authorize others to use your identity or your account and you may not assign or transfer your User account to any other person or organization.
7.9. You will provide accurate, current and complete information as required of Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that Aniday may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Aniday has the right but not the obligation to terminate this Agreement and your use of the Services at any time with notice send via platform or signed email;
7.10. When using the Services, You agree to comply with all terms applicable to You in the process of using the Services.
7.11. You agree to accept full responsibility and liability for all loss or damage caused by Your breach of this Agreement but not the fault of Aniday and when Aniday is a bona fide third party who do not know that or compel to know that, prior to using the Services, You were bound by any agreement with any third party.
7.12. Completely comply with Aniday's policy during the use of the Service
7.13. Be subject to sanctions upon breach of the Agreement in accordance with this Agreement.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Only Aniday has the right to own all rights, ownership rights and interest, including all intellectual property rights relate to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Company’s name, logo, Service, Software and/or the Application which is Aniday’s brand and have no rights or licenses are granted to use them.
8.2. You must keep confidential in all information and data related to Aniday, services, products, businesses, marketing, and promotion plans or other Aniday's activities disclosed to You either gathered indirectly or directly by you, from Aniday or any other affiliated companies, or created during this Agreement signing process. You further warrant that You will only use such confidential information to use the Services and may not disclose that information to any third party or for any other purpose without written consent of Aniday.
8.3. You are not allowed to post the display of Client's logo and name on media without the permission of Aniday .
8.4. The above confidentiality obligations do not apply in the case that you indicate that relevant information falls into one of the following categories:
i. The information was owned by You at the time of receiving the information;
ii. Is, or becomes in the future, universal information that is not your fault or mistake;
iii. Has been received by a third party with the right to disclose them; or
iv. Must disclose in accordance with the law.
9. ROLE OF ANIDAY IN THE PROCESS OF PROVIDING THE SERVICE
9.1. Aniday, in its jurisdiction, will follow and provide reasonable support during the Recruitment process of the Candidates and absolute confidentiality for the parties
9.2. Aniday will not participate in the selection process nor will not be biased for any recruiter or Client. Aniday will also not participate in the platform to compete with You.
9.3. Aniday is only the provider of the platform for You and Client to connect with each other, for each case that Client successfully recruits Candidates through the platform, Aniday will collect Platform Usage Fee in accordance with this Agreement and other related Agreements
10. DISPUTE SETTLEMENT MECHANISM
10.1. All disputes and complaints related to the transactions on the Platform between Client and You will be settled personally by the two parties.
10.2. All dispute arising between You and Aniday will be settled on the basis of negotiation. In case no agreement is reached as expected, either party has the right to bring the case to the competent People's Court for settlement.
10.3. Aniday will not be responsible for any case related to the case that You have not deleted the contact information of the Candidate in the profile posted to the Aniday system.
10.4. Profile Candidates submitted by You through Aniday will be notified to the Candidate and need their permission before being transferred to the company. If Aniday receives notice from the Candidate that they have never allowed You to represent them, Aniday will have the right to stop all Your activities on the system to ensure privacy for all individuals.
11. LIMITATION OF LIABILITY
11.1. You agree and confirm that, by agreeing to the Terms of Use under this Agreement, You waive Aniday from any obligations including but not limited to (responsibility for reimbursing the fees that Aniday has received from the Candidate information you post on the Platform, compensation for damages to any parties ..) for Your breach of the Terms of this Agreement. As such, for any request from any third party for Your violation, You will be the main responsible, Aniday is not responsible for any of Your violations.
11.2. Aniday does not and will not approach or supervise the suitability, legality, ability, or performance of any party with You and You expressly waive and release Aniday from all legal liabilities, claims or damages arising from or by other ways relating to third parties and You .
11.3. Aniday will not be a party to the dispute or negotiate disputes between You and any other third parties. You are solely responsible for your own behaviors in connection with the Service. You expressly waive and release Aniday from all legal liability, claims, legal proceedings or damages arising from the use of the Service in connection with any relationship between You and any third party.
12. COMPLIANCE AND HANDLING OF BREACH
12.1. Aniday reserves the right to decide whether the Account violates the Account Regulations, Operational Regulations, Candidate Referral Regulations, or has any behavior affecting Aniday's business operation when there are sufficient grounds to believe that That account is in violation. In case of violation:
i. Aniday reserves the right to permanently or temporarily terminate the operation of an Account if you are determined to have breached the Account Rules, Operational Regulations, Candidate Referral Rules and, To the business of Aniday or adversely affect the relationship between Aniday and the customer.
ii. Aniday reserves the right to charge you a violation penalty equal to 03 (three) times the amount of damage you have inflicted and freeze the bonuses. In addition, you may be subject to additional fines according to Vietnamese law if any.
12.2 In case You breach any of the terms of this Agreement without due to Force Majeure Event and Aniday's fault, Aniday reserves the right to take the following actions:
i. Deleting Your Account on Aniday Platform
ii. Remove any candidate information you have referred on Aniday platform
iii. Requesting You to reimburse all fees received from Aniday that You obtained through your breach.
iv. Request You a fine equivalent to three (three) times the amount specified in Section 12.2.iii
13. TERMINATION CLAUSE
Without prejudice to any provision of this Agreement, the Agreement will terminate when Your relationship with Aniday as a merchant on Aniday’s system is terminated. This termination does not release either party from the liabilities incurred by that party at the time of termination or arising in the period prior to the termination and does not prevent either party from pursuing any rights and remedies under law or fair law for violations of this Agreement.
14. SEPARATELY
If any provision of this Agreement is deemed to be invalid or unenforceable, it will not affect any remaining provisions of the Agreement.
15. ENTIRELY
This Agreement includes the entire agreement between You and Aniday and supersedes any previous negotiations or discussions or agreements.
RULES OF REFERRAL & BEHAVIOR FOR REFERRER
ON THE ANIDAY SYSTEM
Last modified: __ month __ 2020
To ensure the quality of the Services provided to Clients in the most professional way, Aniday recommends a number of criteria for introducing Candidates through our system.
REFERRAL CANDIDATES
1. Information about Referrer.
Create a referral account (Recruiter ID) on the system of Aniday. Provide complete and accurate personal information.
2. Referral Candidates
To ensure the interests of the referrer, all information exchanged between the referrer and the Clients must be made through Aniday's system. In case have a dispute, Aniday will rely on the information recorded on the system to protect the interests of referrals.
Provide full and accurate information about the position for the candidate. Only recommend the candidate is looking for a job. Provide the candidate's information completely and accurately. Provide specific and objective introduction about Candidates, stating at least 3 reasons why the Candidate is suitable for the position. Make sure the Candidate confirms the introduction within 48 hours of the introduction. Proactively support if the Client has questions about the Candidate's experience and skills. Proactively support if the Candidate has a position vacancy. Update and promptly notify Aniday of changes from Update and promptly notify the Candidate of changes in vacancies.
3. Successful referral
Confirm with the Candidate the official time to work and sign the Agreement. Update and promptly notify Aniday of changes from the Candidate.
BEHAVIOR RULES
When joining the Aniday system, we are committed to ensuring absolute benefits for referrer. However, there will be cases of misunderstanding or force majeure leading to controversies that do not benefit referrer and Aniday. When there is a problem of dissatisfaction, participants in the system please keep calm, do not use offensive words, threaten candidates, clients, or representatives of Aniday, and do not distribute untrue and unproven information, images.
These are general mandatory terms, failure to comply with referral and behavior rules at any time will result in a temporary or permanent deactivation of the referrer's account (Recruiter ID).
Aniday wishes to receive the support and trust of its members, so if you are not satisfied, members please comment and respond directly to clent care department or management members of Aniday.
Email: [email protected] – Hotline: 0886-006-304
Best regards!
Aniday team
