- Your access to the pa2recruit website is subject to these Terms. We reserve the right to update and change these Terms from time to time without notice or acceptance by You, although if we decide to materially change all or part of the Terms, we will send You a notification through the pa2recruit site. Such modified Terms of Service will become effective upon either of the following (whichever is earlier): Either your continued use of the pa2recruit service with knowledge of such modified Terms of Service.
- Or thirty (30) days from the publication of such modified Terms of Service on the pa2recruit website.
Definitions for SaaS based solution
The definitions in these Terms can be used anywhere in the Agreement. If a Document has a separate definition, then that definition will apply to that Document. Where the word “including” is used in this Agreement, it should be interpreted as “including, but not limited to”. Definitions for terms will apply to both singular and plural uses of the terms. Titles of articles and sub-articles in the Agreement do not affect the interpretation of the Agreement.
● ‘Access Rights’: Any personalized access rights for the SaaS that have been granted by
the Subscriber, an End-User or on behalf of the Subscriber;
● ‘Administrator’: An End-User with the greatest role that Subscriber can grant to a single
End-User in the SaaS and designated in the SaaS as an administrator;
● ‘Agreement’: Any agreement between the Parties concerning the provision of services
to Subscriber, such as the agreement entered into when creating a Subscription;
● ‘Article’: Any article including its sub-articles;
● ‘Candidate‘: A candidate for a job position;
● ‘Company Account‘: A section of the SaaS designated in the SaaS as a company account and intended to confine the Subscriber Data held under a single Subscription, but also used for other purposes, such as grouping End-Users;
● ‘Customer‘: Subscriber;
● ‘Document‘: Any part of the Agreement that can be seen as a single document, such as the Terms or a service level agreement;
● ‘pa2recruit Content‘: Any content made available by pa2recruit through its Services and website;
● ‘SaaS‘: The software-as-a-service for recruitment and/or talent acquisition that is provided to the Subscriber under these Terms;
● ‘Service‘: Any service provided by pa2recruit under the Agreement;
● ‘website‘: www.pa2recruit.com;
● ‘Subscriber‘: The person or legal entity that the Company Account is created for and entering into the Agreement or the successor/assignee of such a legal person;
● ‘Subscriber Content‘: Resumes (or CV’s), comments, notes, files and all other data associated with the process of hiring for a job position;
● ‘Subscriber Data‘: any data stored by pa2recruit on behalf of the Subscriber as part of the SaaS, excluding back-ups;
● ‘Support‘: the provision of assistance and advice concerning the usage of Functionality;
● ‘Third Party Service Provider‘: Third parties used by pa2recruit to provide, support or facilitate the Services;
Access to the Services:
● Availability pa2recruit will make commercially reasonable efforts to ensure that the SaaS
is available twenty-four hours a day, seven days a week.
● Limits pa2recruit retains the right to create limits on use and storage concerning the Services at any time with or without notice, including to ensure the stability, legality, availability, scalability, usability, commercial viability, and responsiveness of the services provided by pa2recruit to the Subscriber and other customers of pa2recruit.
● Subscriber Requirements Subscriber warrants to pa2recruit that if Subscriber is an individual, he or she is at least 18 years of age. Subscriber also warrants that Subscriber
is legally permitted to use the Services, and takes full responsibility for the selection and use of the Services.
● Local Laws pa2recruit does not claim that the Services may be lawfully used or that
pa2recruit Content may be uploaded or downloaded to and from the Services outside India. Access to pa2recruit Content may not be legal by certain persons or in certain countries. If the Subscriber uses the Services from outside India, Subscriber does so at its own risk and the Subscriber is responsible for compliance with the laws and regulations of its jurisdiction(s).
● Subscriber Details: The Subscriber warrants that it has provided all details necessary to legally Subscribe to pa2recruit. Additionally, the Subscriber will accurately populate the product with details billing of the Subscriber and take reasonable measures to protect such details. IF a Subscriber opts for payments by credit card, the provision of credit card details is required. There can be only one Subscriber under the Agreement.
● Subscriber’s Responsibility: The Subscriber is responsible for any Content posted to Subscriber’s activity.
● Illegitimate Use: Any fraudulent, abusive, improper, or unauthorized use of the Services or use to violate the Agreement may be a reason for pa2recruit, as it deems appropriate, to suspend, terminate or cancel Subscriber’s right to use the Services or to access the Site. A single person or legal entity cannot maintain more than one free Company Account. The Subscriber cannot resell or provide the Services to any third party as a private label without the express written consent of pa2recruit. pa2recruit is not liable for any loss or damage resulting from Subscriber’s failure to comply with the obligations set out in this article.
● Permitted Content: The Subscriber may not upload commercial advertisements to the Services that do not fall within the definition of Subscriber Content or use the Services to send spam.
● Excessive Use: If the usage of Subscriber under a Company Account endangers the availability or stability of pa2recruit’s services for other customers of pa2recruit, then pa2recruit may suspend the respective Company Account.
Quality of Service Support
● Service Level pa2recruit will make commercially reasonable efforts to respond to all incoming Support requests within two Business Days.
● Disproportionate Use pa2recruit is only required to provide Support to End-Users in so far as the Subscriber makes sure that requests for Support of End-Users are routed efficiently by the Subscriber and that Subscriber’s End-Users do not disproportionately request Support. If pa2recruit determines, in its sole discretion, that Subscriber’s End-Users are disproportionately requesting Support, then pa2recruit may require that the Subscriber appoints a single contact person for Support requests. pa2recruit’s Support team is available via firstname.lastname@example.org.
● Onboarding and Training pa2recruit will make commercially reasonable efforts to provide any onboarding and training Services agreed to between the Parties.
Warranty and Disclaimer
● Subscriber Representations, Warranties, and Disclaimer Subscriber represents and warrants that (a) the Subscriber has the right and capacity to enter into and be bound by the Agreement; (b) the Subscriber shall comply with all applicable laws and regulations in connection to the Subscriber Content and Subscriber’s use of the Services; (c) the Subscriber is authorized to submit the Subscriber Content (d) the Subscriber agrees to abide by these Terms in connection to the Services and the Site as provided by pa2recruit. Subscriber agrees to use the Services and the Site at Subscriber’s own risk.
● pa2recruit Warranties and Disclaimer pa2recruit USES THIRD PARTY SERVICE PROVIDERS AND DISTRIBUTION CHANNELS (SUCH AS NETWORK PROVIDER, DATA CENTERS, TELECOMMUNICATION PROVIDERS) TO MAKE THE SERVICES AND THE SITE AVAILABLE TO THE SUBSCRIBER. pa2recruit WARRANTS THAT IT WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SUBSCRIBER WITH THE SERVICES PER INDUSTRY STANDARDS, HOWEVER, pa2recruit DOES NOT WARRANT THAT ANY SERVICES SHALL BE FREE OF ERRORS OR INTERRUPTIONS AT ALL TIMES, NOR DOES pa2recruit WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
EXCEPT AS EXPRESSLY SET OUT HEREIN, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, pa2recruit DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, OR FIT FOR A PARTICULAR PURPOSE AND DISCLAIMS ANY OTHER WARRANTY OR GUARANTEE, WHETHER EXPRESS, IMPLIED OR STATUTORY.
● Custom Services Subscriber understands and agrees that the services provided by pa2recruit to its customers may share the same underlying software, hardware, and infrastructure and are intended for provision to many customers in a scalable manner. The Services will not be customized and/or tailored for Subscriber, unless, and in so far as, explicitly agreed to by the Parties.
Limitation of Liability
● Subscriber expressly understands and agrees that pa2recruit is not liable for damages and/or losses resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) statements or conduct of any third party on the Services. pa2recruit SHALL NEVER BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, THE RECRUITING OR NOT RECRUITING OF PARTICULAR INDIVIDUALS, AND/OR LOSSES OF SUBSCRIBERS AND/OR THIRD PARTIES.
pa2recruit’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE FEES (CALCULATED PRO RATA) FOR THE CONTINUED PROVISION FOR SIX MONTHS OF ANY SAAS PROVIDED BY pa2recruit TO SUBSCRIBER UNDER THE AGREEMENT IMMEDIATELY BEFORE THE FIRST OCCURRENCE GIVING RISE TO
SUBSCRIBER’S CLAIM(S) AGAINST pa2recruit (‘LIABILITY CAP’). THE LIABILITY CAP APPLIES TO: (I) ANY DAMAGES; (II) ALL CLAIMS IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. The limitations as set out in this article will not apply in so far as liability cannot be limited under applicable laws and regulations, such as in the case of deliberate recklessness, fraud of pa2recruit. The limitations specified in this article will apply even if any limited remedy specified in the
The agreement is found to have failed for its essential purpose. Any limitations agreed upon under this article will also apply to the liability of pa2recruit’s directors, officers, employees, contractors, agents, and members.
Modification of Services
pa2recruit reserves the right to make changes to the Services at any time to improve the Services in part or as a whole. If a change may have significant negative consequences for Subscriber’s existing use of the Services as described in the Documentation of the Services, the change will be announced if possible. Changes about any Distribution Channels for Job Advertisements can be made at any time, with no prior announcement and at pa2recruit’s convenience.
Intellectual Property and Content
● IP rights and Licenses As between pa2recruit and Subscriber, the Subscriber will be the owner of all intellectual property rights to Subscriber Content. No intellectual property rights will be transferred in the context of this Agreement. All licenses granted to Subscriber in the context of this Agreement are worldwide, non-exclusive and limited in line with the limitations of the Services. No license for intellectual property rights is granted by pa2recruit where this is not necessary for the legitimate use of the Services by Subscriber. Any licenses provided by pa2recruit under this Agreement will end when this Agreement or the respective Services are terminated. The Subscriber grants pa2recruit a license to use Subscriber Content for the provisioning of the Services and to improve the Services. Use of Subscriber Content by pa2recruit to improve the Services will only be done after pa2recruit has created a copy of Subscriber Content that has undergone a process of anonymizing, aggregating, and/or diminishing to a point that it can no longer reasonably be considered confidential information nor personal data.
● Restricted Content Subscriber agrees that it will not use the Services to process or store any content that (a) infringes, violates or otherwise interferes with any copyright or trademark of pa2recruit or a third party, (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third party, (c) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. If requested by pa2recruit the Subscriber warrants that it will remove any Subscriber Content that violates this article or the Agreement promptly after notification of the Subscriber by pa2recruit. pa2recruit reserves the right to remove any
Subscriber Content from the Services that it, in its sole discretion, considers being in breach of this article or the Agreement. All resume documents uploaded to Subscriber’s Company Account(s) by Subscriber, an End-User, Candidate, or an applicant, may be retrieved by Subscriber through the user interface of the SaaS unless the resume documents were removed by the Subscriber.
● Confidentiality pa2recruit will make commercially reasonable efforts to respect the confidentiality of Subscriber Content that is disclosed to pa2recruit exclusively through the SaaS, if the SaaS, as it was designed and intended, prevents the disclosure of such Subscriber Content to third parties. For example, confidentiality is required in principle concerning Candidate data, but not required concerning the content published by the Subscriber on a public website as part of the Services (hereinafter: ‘Careers Site’). Subscribers will use the SaaS in line with best security practices. Such practices include maintaining the confidentiality of any login or access credentials.
Payments and Cancellations
1. Credit Fees
Customers require to purchase credits to continue using our services. During the trial period, we provide customers free credits that they can use and get familiar with the pa2recruit platform. Once free credits are used, depending on usage requirements customer can select the appropriate plan and add new credits. Customers must provide a valid credit card or other payment methods (e.g., Paytm account) to pay for the selected plan.
2. Plan Expiration
We do not have any plan expiration duration. Customers can use services as far as they have credits available to the account.
3. Refund and Cancellations
On a successful plan purchase, the customer will receive a confirmation email with transactions details. Customers can cancel the plan and process refunds under the following conditions.
a) Cancellations request received within 48 hours from the purchase of the plan.
b) No credit used from the purchased plan.
Customers must send an email to “email@example.com” with the subject “REFUND FOR ORDER ID ##” to initiate the refund process. The refund process will take 5-7 days of time. We only support source refunds. It means that money is refunded to the payment method that the customer used to make the payment.