Definitions::

• Client/Subscriber means the customer who is named in the Customer Service Agreement Form and has duly signed it..
• 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 the password designated to the specified username.
• Third Party mean, any person other the Subscriber who is not party to this arrangement/agreement.
• Website/Network means the Company's portal website www.aimjobtechno.com for providing Services under this agreement.
• Material Breach mean violation of any terms & condition of the agreement by the Client.
• Tariff Plan refers to the details as mentioned in the rate card for products, services and packages introduced by the Company from time to time for providing the Services.

Provision of Services::

• After the agreement is entered into by the client at the request of the Subscriber, any designated person from client shall undergo a training to use the Services provided by the Company in relation to the Services opted by the Subscriber.
• The subscriber is required to give KYC documents. In case the same is not provided, the account will be deactivated and no refund shall be made to the subscriber.
• Incase 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 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 or by viruses, worms, time bombs, or Computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. In no event will the Company be liable for any such direct/indirect /consequential loss or 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 or information/data provided by the Subscriber without assigning any reason may be either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid only for that particular vacancy, shall be refunded to the Subscriber on a pro-rata 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 on the job portal.

Subscribers Obligation:

• All the creative for the package will be designed by Company however, all the content (logo, pictures, text, etc.) shall be provided by the client.
• The client shall by action of signing this agreement issue an implicit & binding warranty to not use/circulate/forward any candidate(s) resume hosted on the Company's website to the candidate 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 or circulate/forward the data and other information available in the website to any other person, Company and organization for commercial use.
• 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 of their agencies and/or any other concerned legal and other competent authorities on specific demand or under a general obligation.
• The Subscriber represents, warrants & assures that the data provided by the subscriber in terms of this agreement for uploading/posting shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere 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 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 company shall be deemed to have been voluntarily supplied, non-confidential and the company hereby discharges the subscriber of all obligations of confidentiality.
• The Subscriber further represents, warrants & assures that, the data provided by the Subscriber for the purpose of uploading in the Website, shall not be violative of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be violative of any provision of Law in force.
• The client represents, warrants and assures that data provided by the Subscriber for the purpose of uploading on the Website, shall not be fake or incorrect or inappropriate and that he shall ensure responsible use of the Services. Subscriber further represents and warrants that he shall be solely responsible for the correctness of the data provided by him and in case of any third party action in this regard, the Subscriber shall indemnify and hold the Company harmless. Subscriber also understands that in case more than ten postings in a day provided by the subscriber are not approved for going live on site by the company then the same will be deemed as a case of misuse of services by the subscriber and the company shall have the right to refuse /revoke its services.
• In case by misrepresentation or false postings the Subscriber takes away the data which is the intellectual property of the Company, then in addition to the rights available to the Company herein, the Company shall have the right to initiate appropriate legal action against the Subscriber.
• By action of signing this agreement, the Subscriber agrees to use of information, materials, logos and or data as supplied by it.

Termination: The Company may terminate the Services in following cases:

• Commits any breach of these terms and condition, representation & warranties and subscribers obligations as contemplated in this agreement.
• Fails to make payments as per the terms & condition herein.
• Uses the Services provided by the Company for any illegal, unlawful or immoral purposes or in any fraudulent manner or for purposes not authorized by the 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 of their agencies and/or any other concerned legal and other competent authorities on specific demand or under a general obligation.
• Advice received from regulatory or any other competent authorities.
• Commits violation of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be violative of any provision of Law in force.

General Terms & Condition::

• These job postings 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 postings on the Website.
• The Company may, in its sole discretion, impose a interest equal to 18% per month on all overdue accounts.
• 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 is a private database for use by Subscriber's only. A subscriber is defined as one unique user with one unique password provided by the Company. If the Subscriber is found to sharing passwords with any third party, the Company may revoke all passwords forthwith and no refund will be given.
• 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 charges paid by the Subscriber to the Company under this Agreement are non-refundable. The website 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 employees 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 the such data, and all intellectual and other proprietary rights therein, are and shall at all times remain the Subscriber's property.
• To the extent permitted by law the Company makes no warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to its services or the website, or results of use thereon and all warranties and conditions, express or implied are hereby excluded.
• Subscriber agree to indemnify the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from its breach of this Agreement or breach of representation and warranties as contemplated herein or 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 or breach of any provision of any law for time being in force.
• Notwithstanding anything to the contrary contained herein, except as may arise under the immediately preceding paragraph, neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind including lost revenues or profits, loss of business or loss of data arising out of this agreement (including without limitation as a result of any breach of any warranty, or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Moreover, the Company's maximum liability arising out of or relating to the transaction, which is the subject matter of this agreement, regardless of the cause of action.
• Notwithstanding anything to the contrary contained herein, the Subscriber's use of the website is subject to the Terms of Use/Private Policy/Disclaimer available from such website's homepage. By Subscriber's execution hereof it hereby agrees to abide by such Terms of Use/Private Policy/Disclaimer, as they may be amended from time to time.
• This agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto; (ii) may be signed in counterparts, (iii) may not be amended, terminated or waived orally, (iv) may not be assigned, in whole or in part, directly or indirectly, or 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 functions, 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 the remaining valid terms of this Agreement.
• The Company shall address all billing statements/notices/correspondence under this Agreement to the address given in the Customer Service 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.
• The subscriber is mandatorily required to have a GSTIN number in compliance with the law.
• The Company shall not refund or give a credit note or charge additional charges to the Subscriber in the event of change in the tariff plans which the Company may introduce from time to time.

Terms of 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 terminated by the Company or by the Subscriber through a written communication to the Company seeking withdrawal of services on or before atleast 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.

Governing Law::

• The Terms & Conditions between the Subscriber & the Company shall be governed by the laws of India and any dispute or differences, if any between the Subscriber & the Company, shall be subject to the exclusive jurisdictions of the Courts in NewDelhi alone.

General Terms::

• The company reserves the right to disqualify any recruiter if it has reasonable grounds to believe the recruiter has breached any of these Terms and Conditions. • The Contest shall be governed by and constructed in accordance with the laws of India. • The recruiter further agrees that company cannot be made responsible for any damage, loss, injury or disappointment suffered by it as a result of its deciding to avail the services as offered by company herein. • The recruiter undertakes to indemnify for any claims or damages arising from posting of jobs on account of the recruiter following consent of the recruiter. • These Terms and Conditions shall be governed by and construed in accordance with the laws of India.. The venue of arbitration shall be New Delhi and the proceedings of such arbitration shall be in English Language only.