Welcome to our website, iSmartRecruit. By browsing, using the iSmartRecruit website (the "Service(s)"), or any services of iSmartRecruit or by registering for iSmartRecruit you are agreeing to be bound by the following terms and conditions of use ("Terms of Service"). If you are entering into this agreement on behalf of a company or any other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
This document sets out the Terms and Conditions ("Terms") on which iSmartRecruit will provide access to a recruitment solution to Subscriber and provide related Services.
These Terms & Conditions are subject to change by iSmartRecruit at its discretion at any time. Use of iSmartRecruit after such changes are implemented constitutes acknowledgement and acceptance of this User Agreement with all changes. By signing up for an account, by using the website, or any of the services, you hereby acknowledge that you have read, understand, and agree to be bound by these terms of service. The term "you" refers to the individual or corporate end-user or any other end-user that is specified in the registration information associated with such end user's account for the service.
You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password and are responsible for all activities conducted using your account and password. iSmartRecruit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
PAYMENT AND PRICING TERMS
Payment and pricing terms for the Service are set forth on the iSmartRecruit website in the pricing information page, which is incorporated by reference into these Terms of Service.
NO CHARGE SERVICE AND PREMIUM SERVICE
If you purchase Services via credit card, you authorise iSmartRecruit to process your credit card information and automatically and immediately bill your card when charges for your use of the Services are due. Services are billed in advance.
For monthly payment plans, the Service is billed in advance on a quarterly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Down gradation of account changes will take effect from your upcoming billing cycle; however, you are free to upgrade your account in between the tenure of the plan. In order to treat everyone equally, no exceptions will be made.
When changing from a quarterly billing cycle to a yearly billing cycle, iSmartRecruit will bill for a full year & unused days will be adjusted into payment.
Unless stated to the contrary, all charges are non-refundable, even if your use of the Services is cancelled before the end of your current billing period. If you re-subscribe to the services once you have cancelled, the charges and taxes if any shall be levied as per the present charge schedule.
In case of any rejection or charge-back to your credit card, iSmartRecruit may, at its discretion, terminate or suspend your access to Services without any intimation to you.
All currency references are in U.S. dollars. The payments can be done in any currency; conversion charges as applicable at that moment shall be borne by the purchaser.
GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, LICENSOR grants to Licensee and its affiliates a non-exclusive, non-transferable license to use the software identified in Exhibit A (the "Licensed Programs") for the purpose of recruitment. Licensee and its affiliates may use the Licensed Programs in executable format for its own use. Licensee and its affiliates shall not, under any circumstances, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.
Licensee may make copies of the Licensed Program in executable code form as necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain records of the location and use of each copy, in whole or in part, of the Licensed Programs.
The original and any copies of the Licensed Programs, made by the Licensee, including translations, compilations, partial copies, modifications, and updates, are the property of the LICENSOR. Intellectual property rights of iSmartRecruit remain with LICENSOR only. The rights of data the Licensee creates in the application remain with Licensee. Licensee may not reverse engineer, disassemble, decompile or alter their iSmartRecruit software in any way without the prior consent of the Licensor.
Licensee recognizes that LICENSOR regards the Licensed Programs as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or otherwise make available in any form the Licensed Programs, or any portion thereof, to any person other than employees of Licensee without the prior written consent of LICENSOR. Licensee further agrees to treat the Licensed Programs with at least the same degree of care with which Licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Programs. If Licensee asks for data backup, it will be provided by Licensor in the format available in the software. In the case of customers who purchased a SaaS license, the Licensor will take monthly backups.
The parties agree this contract/agreement shall be valid for a fixed term of one (1) year from the Effective Date. The agreement shall be in force until terminated by the Licensor or Licensee or until the expiration of the fixed one (1) year period.
LICENSOR may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within thirty (30) days after written notice thereof from LICENSOR. The licensee can terminate this agreement with thirty (30) days written notice to the Licensor. When the Licensee requested the Licensor, the Licensor will provide the Licensee’s data and layout/format to the Licensee within 15 days of the termination notice. Licensee data is Licensee’s property and will not be shared with anyone by the Licensor. In case of early termination, the LICENSOR will refund the payment of the subscription made by the Licensee on a pro-rata basis post notice. All one-time charges will not be refundable.
In the event of termination, Licensee will be given 30 days’ notice to discontinue the use of the Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will furnish to LICENSOR a certificate which certifies with respect to each of the Licensed Programs that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the Licensed Programs have been destroyed. The provisions of Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
Licensor will provide to Licensee the following support with respect to the Software:
- Business user support regarding the current version and any version released within the last 12 months.
- Software updates and Revisions issued by LICENSOR.
- User training video tutorials.
In case any problem is reported by Licensee, Licensor will work on the problem based on the priority of the problem.
If Licensee desires to continue the Software support specified in this section, Licensee shall pay Licensor the maintenance fee(s).
DELIVERY OF LICENSED PROGRAMS
LICENSOR shall use its best efforts to deliver the Licensed Programs promptly after the signature of this Agreement so that the Licensee will be able to use the Licensed Programs from the Effective Date onwards. In case the delivery of Licensed Programs would get delayed, the parties agree the Licensee shall have the right to use the Licensed Programs for a period of one (1) year counted from the date on which the Licensed Programs were actually delivered to the Licensee and the Licensee was able to start using them.
LICENSOR licenses and Licensee accepts, the licensed programs "AS IS." LICENSOR PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH THE LICENSEE. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
LICENSOR'S LIABILITY TO LICENSEE UNDER ANY PROVISION OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO LICENSOR. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, HOWEVER, CAUSED OR ON ANY THEORY OF LIABILITY. THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO LICENSOR BY LICENSEE UNDER THE APPLICABLE STATEMENT OF WORK, DURING THE PRECEDING TWELVE MONTHS, THAT GIVES RISE TO SUCH LIABILITY (AS OF THE DATE THE LIABILITY AROSE)
All notices in connection with this Agreement shall be in writing and may be given by email certified, registered, fax or personally delivered at the address set forth on the front page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail five days after proper deposit in a mailbox.
This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors, and assigns except as otherwise provided herein.
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not apart.
Jurisdiction for any disputes arising from and related to this contest will be Gujarat, India to the exclusion of all other courts. Disputes shall be resolved in accordance with the laws of India as applicable.
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by the Licensee and its affiliates without the prior written consent of the LICENSOR.
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof and merges and supersedes all prior agreements, discussions, and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee's purchase order or LICENSOR's order acknowledgement forms.
The Parties, including all of their affiliates, employees, agents, and consultants, shall keep in confidence and shall not disclose to any third party, during the validity of this Agreement and for a period of three (3) years after termination of the Agreement, any information on the business of the other Party acquired by reason of or in connection with this Agreement. This shall include, but is not limited to, the Parties' trade secrets, prices, costs and expenditures, methods, processes, techniques and plans particular to either Party or the terms of this Agreement (the “Confidential Information”). Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents, and consultants in violation of the terms of this Agreement.
Notwithstanding the foregoing, a Party shall have no obligation with respect to any confidential information that (i) is or becomes within the public domain through no act by the Party in breach of this Agreement, (ii) was lawfully in the possession of the Party without any restriction on use or disclosure prior to its disclosure hereunder, (iii) is lawfully received from another source subsequent to the date of this Agreement without any restriction on use or disclosure, or (iv) is required to be disclosed by order of any court of competent jurisdiction or other governmental authority (provided in such latter case, however, that the Party shall timely inform the other Party of all such legal or governmental proceedings so that the other Party may attempt, by appropriate legal means, to limit such disclosure, and the Party shall further use its best efforts to limit the disclosure and maintain confidentiality to the maximum extent possible).
- The Licensee will neither offer to employ nor employ, directly or otherwise, any LICENSOR or subcontractor’s employee, associated for the purpose of, or with the assignment, during the period between the date of this agreement and two years from the completion of the assignment arising here from. Similarly, LICENSOR will not solicit or hire directly or indirectly LICENSEE employees and subcontractors.
- NON-SOLICITATION: LICENSOR will not solicit any business from licensee's employees, subcontractors, recruiters, or consultants without written permission from the licensee. Similarly, LICENSEE will not solicit any business from Licensor's subcontractor, or team member without written permission from the licensor. Any customers or prospects that LICENSEE introduces, LICENSOR will not deal with directly unless LICENSEE informs you in writing.
Should either party be prevented from performing any of its obligations under this agreement for reasons of any cause beyond its reasonable control, the time for performance shall be extended until the operation or such cause has ceased, provided the party affected gives prompt notice to the other of any such factors or inability to perform, resumes performance as soon as such factors disappear or are circumvented. If under this clause either party is excused performance of any obligations for a continuous period of 90 days, then the other party may at any time hereafter while such performance continues to be excused, terminate this agreement without liability, by notice in writing to the other.
All external system integrations like Twilio, Facebook, Twitter, Mailgun, etc. are subject to the availability of integration API and some functionality may be affected in case there is any change on their end.
All the job board integrations are subject to the policy of the job board owners. Job board integration may not work in case there is any change in the process by the job board owners. Also, sometimes the job board may ask for organizational information to verify the company's identity.
SELF-SERVICE PORTAL CUSTOMIZATION
Client and Candidate self-service portal source code right will be available with LICENSOR only. LICENSEE can customize the portal based on their organization's preference. It is mandatory to keep the footer showing the message “Powered by iSmartRecruit”. Also, self-service portals can be hosted by LICENSEE and LICENSOR is not providing any hosting services for the same.
LICENSOR will not, without the prior written consent of the Licensee, transfer any personal information of any authorized Users received by LICENSOR from the Licensee under this Agreement to any non-affiliated third party, except
- to applicable service providers to the extent necessary to perform their functions for LICENSOR in support of this Agreement;
- where reasonably necessary to address security, safety, fraud or other legal issues;
- if the Licensed Product is acquired by another company, or used for any purpose other than as described in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Effective Date
MODIFICATIONS TO THE SERVICES AND PRICES
iSmartRecruit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from iSmartRecruit. Such notice may be provided at any time by posting the changes to the iSmartRecruit Website (ww.iSmartRecruit.com) or the Service itself. If you do not agree to such a pricing change, you may cancel your account during such a 30-day period. By continuing to use the Services after the effective date of such pricing change, you hereby agree to such pricing change and shall be charged accordingly.
iSmartRecruit shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Your use of the Service is at your sole risk, and iSmartRecruit makes no representations that the Service will work accurately.
You understand that iSmartRecruit uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. iSmartRecruit is not responsible for any failures attributable to third parties.
You understand that the technical processing and transmission of the Service may be transferred unencrypted over a network, and assume all risks related thereto. iSmartRecruit shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of iSmartRecruit. In case, it is found that you have reproduced, duplicated, copied, sold, resold or exploited any portion of the Services, you may have to face any appropriate or legal action as deemed fit.
Once you register with us, we can show your company/organisation/enterprise logo in our esteemed customer list on our website without any prior approval. In case of objection just drop an email to [email protected]. We immediately remove your logo from our website.
This document and any files with it are for the sole use of iSmartRecruit (iSmart Solulab LLP) customers and should not be distributed to persons outside of the customer organization. If you are not the intended recipient, please destroy all copies of the document. Any unauthorized review, use, disclosure, dissemination, forwarding, printing, or copying of this document or any action taken in relevance to this document is strictly prohibited and may be unlawful.
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