Terms of Business
Definitions
- Referrer: Any individual, who is a registered user of the website www.reffster.com and refers other individual(s) for the purpose of placement.
- Candidates: Any individual who has been referred by a referrer , or an individual who has applied for himself.
- Reward: The amount paid by Reffster to referrer for every successful candidate.
- Employer: Any company/ individual who has placed details of vacancy on reffster.com.
- Placement Fee: Fee paid by the employer to Reffster for placing suitable candidates.
- Agency: Means an employment agency.
- Advertiser: One who posts job on Reffster or give advertisement.
- Advertisement Fee: Fee payable by Advertiser to Reffster for advertising employment vacancies.
- Engagement: Any engagement of the candidate for the job advertised.
- Vacancy: Actual or proposed job, whether temporary or permanent.
- Vacancy Details: All information relevant to the Vacancy.
- User: Any individual who opens an account on Reffster.com.
Referrers
The referrer undertakes that he/she is over 18 years and is a bonafide citizen of India.
The referrer shall not disclose the details of the candidates to the employer. The referrer further undertakes that they shall not contact any employer for any jobs listed on our website. In order to qualify for the reward, the Referrer has to go through Reffster.com. However, if the Referrer can directly apply for a listed job on Reffster but he/she will not be eligible for the Reward.
The referrer shall ensure that any information that is provided to Reffster regarding a candidate is accurate and not misleading. The referrer further undertakes that he/she has taken due permission of the prospective candidate for referring to Reffster. The referrer is also under an obligation to ensure that any referred candidate is suitable to the applied job.
The referrer agrees that it shall not contact, whether directly or via any third party, any employer directly or indirectly, other than through our website. If the referrer feels that the said job is suitable for him, he can apply directly. The referrer shall not directly or indirectly induce any Employer, or any employee of ours, to terminate their contract with us.
You shall inform the Employer and/or the Candidate if you believe it may be detrimental to the interests of either party to enter into an Engagement.
Reffster shall pay the Reward according to the announced Reward and payment will be subject to fees being collected from the client.
Reffster will assign cash reward according to different salary bands. Incase the employer hires a candidate at a lesser salary band then the cash reward will accordingly decrease.
A successful referral is when a Candidate referred for a position is employed by the Employer and joins the company. The candidate needs to work in the company for a minimum period of 1 Month for the Referral process to be complete. The Reward will only be given out to the Referrer once the hired candidate has served his/her notice period and only after the Employer has cleared the payment.
Reffster will keep the Referrer updated on the status of their Candidates and inform them once a successful referral takes place.
The Referrer will also be responsible for informing Reffster on a successful referral.
Reffster will pay the Referrer within 48 hours of receiving cleared payment from the Employer. The payment will be made through cheque or directly into the Referrer’s bank account. Payment to Referrer is conditional on our first having received payment of the Reward from the Employer. Any costs and expenses incurred by the Referrer in respect of the payment method will be borne by the Referrer. The payments made to Referrers outside of India may be delayed by the International Clearing System.
The Referrer is responsible personally for paying any tax which becomes due by them as a result of our payment to them of the Reward.
In the event that an Employer refuses to pay a Placement Fee, or delays in paying a Placement Fee, we will use reasonable endeavours to ensure that the Placement Fee is paid. Sums of money spent on such debt collection will be considered deducted from the Placement Fee prior to the calculation of your Reward or Additional Reward. In these circumstances you will receive a pro rata entitlement to the Reward or Additional Reward after the deduction of the debt recovery costs. In the event that we do not receive payment of the Placement Fee you will not receive the Reward. If we only receive payment of part of the Placement Fee you will only receive a pro rata entitlement to Reward or Additional Reward, in line with the payment we have received. If we are required to pay the Employer a rebate of the Placement Fee you will not receive any Reward or Additional Reward in respect of the Placement Fee.
If you wish to use this site, you must ensure that your personal information is complete and accurate. This personal information includes your e-mail address and, if necessary your name, address, postal code, employment information etc. You must also guarantee that you are legally competent to use this site.
Subject to you opening an account with us we will provide you with the facility to input information about a Candidate onto our Website and shall thereafter transmit that information to him/her. The Candidate can add/edit information entered by you and thereafter upload his/her resume or reject the job. The resume will be received by Reffster where it will be screened. On being found suitable the resume will be transmitted to the Employer otherwise it will be rejected.
Reffster respects the referrers’ privacy. Reffster ensures that your personal information is not made available to any third party without the user's explicit permission. Reffster shall not share your profile with other third parties otherwise than to all employers who are Reffster members. However Reffster has the right to provide your information to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information may be relevant.
If the users personal identifiable information changes, or if the user no longer desire the service of Reffster, the user may correct, update, delete or deactivate the same by making the change on Reffster’s member information page. Reffster may, at our sole discretion, which need not be exercised reasonably, terminate the Contract, or prevent or limit your use of Our Website.
In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business by another business, then your personal data may be transferred to another party as part of the process of considering the joint venture, merger or acquisition.
We are not liable for any acts or omissions of the Candidate in respect of any services that they provide or fail to provide. We are not liable to you for acts or omissions of ours, whether negligent or otherwise. You agree to fully indemnify us in respect of any claims brought against us, whether by you, the Prospect, or any third party, including legal costs (assessed on an indemnity basis) incurred in the defence of claims arising out of an Engagement where such liability arises due, in part or whole, to a failure by yourself to honour your legal obligations. However the policies of Employer like Privacy, Statutory liabilities etc., are not the responsibility of Reffster.com.
The referral made by a Referrer is only against a job opening and becomes invalid as soon as the job opening expires.
At Reffster wherein any candidate so referred, the system automatically records the date & time of reference. If in any event a candidate is referred by multiple referrers and the said candidate is placed in a company, the referrer who had referred the candidate first shall be eligible for the reward.
Employers
Reffster shall provide you with the opportunity to advertise employment vacancies that you may have with us for an Advertisement Fee unless there is an introductory offer. Reffster however reserves the right to refuse to advertise any employment vacancy at its sole discretion. In case Reffster refuse to advertise a vacancy, in respect of which payment has already been made, Reffster shall adjust the Advertisement Fee towards any other advertisement on its website.
You agree to provide us with any further information that may reasonably request regarding the job opening/ position, salary etc. You are responsible for the correctness, truth, completeness and for updating the job offered.
Reffster shall provide information to you in respect of Candidate that Reffster and Referrer believe would be suitable for employment.
You acknowledge that we shall verify the suitability of a candidate. However it is your responsibility for ensuring that the candidate is suitable for your needs.
You undertake to explain the job requirements to the candidate on the first occasion that you liaise with them.
Reffster shall screen the candidates at their end and send across the suitable candidates to the Employer. However Reffster shall not guarantee that the said candidates would be placed in the company. You acknowledge that we at Reffster do not verify the suitability of a candidate and that you are responsible for ensuring that the candidate is suitable for your needs, and your agreement to an Engagement is your warranty that you are satisfied that the Prospect is suitable for the Requirement.
A candidate shall be deemed to be placed in the company once the job is offered to the prospective candidate. The Employer shall thereafter inform Reffster regarding the said placement. The Employer shall thereafter be liable to pay the Placement Fee to Reffster within a month. If for any reason the prospective candidate does not join the said position the Employer is not liable to pay the placement fee.
You will provide to Reffster full and complete information as to the Remuneration at the earliest opportunity and in any event prior to the commencement of an Engagement. You agree to pay our Placement Fee, without deduction, set off, or counterclaim, within the Payment Terms (One month from the day the Candidate joins) in the event of a candidate being engaged for employment. You acknowledge that in the event that you do not pay our invoice within the Payment Terms (One month from the day the Candidate joins) we will be taking a reasonable step in mitigating our loss by instructing solicitors to take appropriate legal action to recover the debt from you.
You agree that, prima facie, the effective cause of an Engagement will, in all circumstances, be deemed to be the introduction of the Candidate via Reffster unless you can provide that the said engagement was through someone else. Once Reffster uploads a resume and sends it to you, and if that candidate is given an appointment letter by you or by a subsidiary/sister concern of yours for the job advertised or for an alternative job within six months of the transmission of the resume by Reffster, it will be deemed that engagement has taken place regarding the particular candidate through Reffster; and in relation to the job advertised for which the resume was sent to you.
You warrant that you will immediately (by emailing us at legal@reffster.com), and in any event within 24 hours of the initial provision of information relating to the Prospect's identity, inform us if you believe, or suspect, that you are aware of the identity of the Prospect other than via information supplied by a Referrer. In the event that you fail to make such notification within 24-hours there will be an irrefutable presumption that the effective cause of an Engagement is the introduction of the Prospect via our Website.
Reffster is committed to safeguarding your online privacy. Reffster shall not divulge the information regarding you or our company to any third party. However Reffster shall give information regarding your company to the prospective candidates.
You agree to indemnify us in respect of any loss we may suffer that is consequential to, or which might have been avoided but for your failure to respect the terms of the Contract.
You agree not to submit or encourage or induce any third party to submit unacceptable Materials. You further undertake that you shall not place or induce another person to place any link upon another website that connects to Our Website. You are permitted to download materials from our website. However such material shall be only for personal use. You shall not modify or publish such material downloaded without the permission from Reffster.
Reffster may, at its sole discretion, which need not be exercised reasonably, terminate the Contract, or prevent or limit your use of Our Website.
The Employer agrees that it shall not contact, whether directly or via any third party, any employee of Reffster unless authorised by Reffster. You further shall not induce any employee of ours, to terminate their contract with us. An Employer shall also not contact whether directly or via any third party, any candidate so refereed other than through Reffster. If for any reason a candidate is found not suitable for the advertised job position, the employer shall delete the information. Employer further undertakes not to contact the candidate for any other job opening without informing the same to Reffster. If the candidate is engaged for some other job opening other than the one advertised, it shall be deemed that the candidate has been placed through Reffster. The Employer shall thereafter pay the Placement Fee to Reffster.
In case the Employer arranges for the travel of the prospective candidate, it shall be the responsibility of the Employer to incur the cost of the same. The same shall not be deducted from the Placement Fee of Reffster.
Employers are solely responsible for their postings on Reffster. Reffster shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on this site. Reffster cannot guarantee and does not promise any specific results from use of Reffster. No advice or information, whether oral or written, obtained by you from Reffster shall create any warranty.
If you purchase a service from Reffster, you shall be required to provide personally identifiable information to Reffster on our order form. You shall be required to provide contact information (such as name, email, Phone, address and current Job Title). Reffster uses this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
You agree and authorize Reffster to communicate information to you by means of post, e-mails, mobile SMS, telephone calls etc. on the contact information provided by you. You may unsubscribe to any of these services, if you so desire, by e-mailing us at unsubscribe@reffster.com
Reffster reserves the right to use and propagate your personal information, including but not limited to e-mail addresses, made publicly available through this site, to facilitate the process of short-listing, recruiting, training and development of a prospective employee by an employer or for any other benefit that Reffster deems suitable for its users for their assistance from time to time. It is under no circumstances permissible to use the e-mail addresses for other purposes, such as:
- Sending a candidate unsolicited e-mails of a commercial nature and/or e-mails not directly related to the advertisement or request,
- Sending an candidate e-mails in which a commercial product or service is offered, and/or e-mails regarding products or services directly or indirectly unrelated the advertisement,
- Collecting e-mail addresses from Reffster users and/or advertisers for whatever other reason.
It is absolutely forbidden to advertise jobs pertaining to any illegal services, including but not limited to
- Body parts, weapons, illegal drugs, immoral material of any kind, stolen and smuggled goods, products that do not have the government certificate
- Any thing that is illegal according to Indian law and culture
You shall be responsible for the safe custody of your access information, including user names and passwords. Reffster strictly recommends all its users to regularly alter their access passwords to avoid any misuse. You will notify us immediately if the security of your password is prejudiced in order that we make take the appropriate steps to endeavour that your account is not used for purposes outside the terms of the Contract.
All Prospect Information is strictly private and confidential and must not be supplied to any party by you without the written permission of a director of ours and may only be used for purposes directly relating to employing the Prospect or considering the Prospects suitability for employment. You agree to pay us liquidated damages in the sum of the Placement Fee for any breach of this provision unless you have otherwise paid a Placement Fee in respect of an Engagement of the Prospect to whom the information relates.
Any unauthorized sharing or usage of user log-in other than as intended shall be liable for prosecution and penalty under the provisions of the Information Technology Act, 2000.
Reffster reserves the right to withdraw, without notice, any advertisement that may be in breach of any clause of these terms of use or of any law or regulation governing this site. Reffster also reserves the right to terminate this agreement in case you post any advertisement that may be in breach of any law or regulation. In such an event, you shall not be entitled to and Reffster shall not be liable to refund any unutilized service fee and/or charges paid by you to Reffster for procuring any services on this site.
You will be given the right to access the Reffster jobseekers database but you agree that all information obtained will only be used for the purpose of obtaining potential employees.
Upon payment of the service fee to Reffster or upon acceptance of any free trial promotion offer, you will be allowed to use Reffster to advertise jobs offered for a predetermined period according to agreement of the predetermined service. Reffster reserves the right to change the service fee or institute new charges or fees, as appropriate. In case you fail to pay the service fee or any other fees or charges due to Reffster, Reffster reserves the right to suspend or terminate your advertisement from the site for any reason.
Reffster is not in any way to be held liable for any damage or loss, direct or indirect, that may arise or result from the use of the website. Furthermore, Reffster is under no circumstances responsible for what ever damage or loss that in any way may arise or result due to:
- the ability of candidates to fill job openings.
- risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false information.
- any dispute between employer-employer, employer-jobseeker, jobseeker-jobseeker, arising out of the use of the site
- any inaccuracy, reliability, completeness, or timeliness of Reffster
Reffster does not guarantee:
- the effectiveness or timeliness of Reffster in meeting the employment objectives of any users.
- that documents posted by any users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever any reason made, made by any user.
Because user authentication on the Internet is difficult, Reffster cannot and does not confirm the identity of each User.
If you have a dispute with one or more Users, you shall indemnify Reffster from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime by notifying us at unsubscribe@reffster.com
Candidates
If you wish to use this site, you must ensure that your personal information is complete and accurate. This personal information includes your e-mail address and, if necessary your name, address, postal code and employment information. You must also guarantee that you are legally competent to use this site.
Your personal information will be used only to complete an online job application with an interested employer. Reffster shall not share your profile with other third parties otherwise than to all employers who are Reffster members.
Reffster has the right to provide your information to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information may be relevant.
Reffster has the right to ban you from further use of the website if you in any way do not comply or violate any of these terms of use. Reffster also has the right to take the necessary legal action against you and to demand compensation for damage or loss. Reffster also has the right to inform the concerned administrative/legal authorities on your unlawful behaviour.
In case you have saved your personal details and a resume on Reffster, you give full rights to Reffster to use and propagate the information provided by you to facilitate the process of short-listing, recruiting, training and development by an employer or for any other benefit that Reffster deems suitable for you for your assistance.
Reffster reserves the right to decline to distribute or forward, or to suspend or remove your information or resume accepted by it. Reffster also reserves the right to refuse, withdraw, or require to be amended, your information or resume which is illegal, immoral, obscene or offensive so as to comply with the legal or moral obligations placed upon Reffster or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
You agree that the details and resume you store on Reffster is true and accurate information of your education, employment, and training history and that your personal profile is correct. You also agree that if any of the information stored on Reffster for the purposes of securing employment is found to be incomplete, false or inaccurate in any way, Reffster reserves the right to remove those details and/or suspend the use of your services on Reffster.
Jobs posted on Reffster have not been verified for accuracy or authenticity. The details of jobs appeared on Reffster do not constitute any kind of approval made by Reffster. Therefore, Reffster is not in any way to be held liable for any inaccuracy or omission on any jobs details displayed, or any actual or perceived loss or damage.
If applying for a vacancy, any subsequent contracts or agreements you enter into are between you and the employer and you should assure yourself of the validity and accuracy of any vacancy details appearing on the website before doing so.
Reffster is not in any way to be held liable for any damage or loss, direct or indirect, that may arise or result from the use of the website. Furthermore, Reffster is under no circumstances responsible for what ever damage or loss that in any way may arise or result due to:
- the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings.
- the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.
- risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false information.
- any dispute between employer-employer, employer-jobseeker, jobseeker-jobseeker, arising out of the use of the site.
- any inaccuracy, reliability, completeness, or timeliness of Reffster.
Reffster does not guarantee:
- the effectiveness or timeliness of Reffster in meeting the employment objectives of any users.
- that documents posted by any users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever any reason made, made by any user.
A Referrer shall notify us if they believe he/she believes that you are suitable for a Vacancy. However we make no warranty as to suitability of any Vacancy that the Referrer has suggested may be of interest to you.
If you are interested in a vacancy that a Referrer recommends then the Referrer will ask you to provide further information. You shall thereafter transmit your resume to Reffster. We shall thereafter forward your resume to the Employer if found suitable after screening.
The information provided by you shall enable Reffster and Employer to help ascertain your suitability for a Vacancy. The information required includes your identity, experience, qualifications, training etc. which a Employer considers to be necessary, or are that are required by law or a professional body for you to work upon a Vacancy.
In the event that you are engaged upon a Vacancy then you must advise Reffster and the Referrer that you have been successful and confirm the band into which your basic salary falls prior to the commencement of the Vacancy. The fee we receive depends upon the amount of your basic salary. A Referrer may be able to deduce the salary band into which your basic starting salary falls. You shall not claim any Reward from Reffster or its employees.
You shall inform the Reffster and the Referrer of any reason why you may be unsuitable for the Employer's requirements.
Your commencement of a Vacancy is your warranty that you are aware of all the Vacancy Details and willing to undertake the work required. You acknowledge that we do not control the Referrer or the Employer and we cannot be held liable for any act of negligence, fraud, or misrepresentation that they may commit. Further Reffster is not liable to you for losses, direct or indirect, arising out of acts or omissions of the Referrer, ourselves, or the Employer. Reffster would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Reffster’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
It is at the sole discretion of the employer whether they wish to pursue your application or respond to a request. Reffster shall not guarantee that your application will be successful or be responded to.
Reffster shall not be held liable for any emails sent either by you or generated from the website that are delayed, incorrectly quarantined, detected as spam, or otherwise do not reach their destination. Reffster shall also not be held responsible for any offline applications that are delayed and not under the control of Reffster.
For any legal related issues you can write to legal@reffster.com
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