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© 2019 BY RECRUIT HERO (1239338-K)

Terms of Service

Last Revised: January 29, 2019

1. Accepting these terms

Welcome, and thanks for visiting Recruit Hero (Agensi Pekerjaan Recruit Hero Sdn. Bhd. or as used herein: “Recruit Hero”, “We”, “Our”, or “Us”). These Terms of Service (the “Terms”) set forth the legally binding terms and conditions for your use of the website at http://www.recruithero.com.my and all related sub-sites (the “Site”). When You (“You” individually or the entity that You represent) use our Site, Recruit Hero recruiting service, or Recruit Hero referral program (collectively, the “Service”), it means you agree to be bound by all of the terms below including our applicable Privacy Policy.

 

So, before you use the Service, please read all of the Terms. If you don't agree to all of the Terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing hello @ recruithero.com.my .

 

 

2. Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the Site for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

 

 

3. Privacy Policy

For information about how We collect and use information about users of the Service, please check out Our privacy policy available at Privacy Policy.

 

 

4. Third-Party Services

From time to time, We may provide You with links to third party websites or services that We do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage You to read the terms and conditions and privacy policy of any third party application, website or service that You visit or use.

 

 

5. Creating Accounts

When You create an account or use another service to log in to the Service, You agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information You provide to the Service.

If You discover or suspect any Service security breaches, please let us know as soon as possible.

 

 

6. Service & Fees

In full consideration for Recruit Hero's provision of Services through recruiting service, Recruit Hero will charge a placement fee of 12% of the selected candidate’s 1st-year base salary.

 

All placement fees and incidentals are invoiced and are to be settled in Malaysian Ringgit. In the case where Client (“Client” means a company or individual interested in hiring, or appointment Recruit Hero's candidates) has no registered office in Malaysia, any charges associated with exchange rate variation, bank transfers and withholding tax, are to be borne by Client. Billing to the Client is subject to prevailing taxes at the time of invoicing.

 

As a Client You agree that (1) if You make an employment offer to Recruit Hero's candidates, You shall (a) provide Recruit Hero with a copy of a fully executed employment offer letter, or (b) execute a document between You, Recruit Hero and candidate that states material employment terms, including, among other things, employment start date, key terms and compensation, promptly upon the signing of an employment offer letter between You and such candidate (the "Effective Date"), as requested by Recruit Hero, (2) You will promptly notify Recruit Hero should the employment start date or offer terms change at any time.

 

 

7. Replacement Conditions

If the employment relationship between the nominated candidate through Recruit Hero and You terminated within the guarantee period of 90 days from the starting date of the employment, Recruit Hero will search for one replacement without extra charge on the condition that

a) Candidate leaves due to his/her own personal choice, or You deems the candidate does not meet the company’s initial goal and objective, rather than due to any redundancy measures

b) All payments have been settled in accordance with the placement fee agreement

c) The request for replacement is given exclusively to Recruit Hero

d) The replacement conditions only applied for initial candidates placed by Recruit Hero and shall not be applied to the replacement candidate

e) If the new replacement be concluded at the salary level higher than the previous salary appointed, then an additional charged shall be applied

f) You must inform Recruit Hero that the termination of the employment relationship with the initial candidate within 10 days of its occurring

The replacement guarantee will not be exercised in the case where the resignation or termination is as a result of the changes to the employer’s circumstances, job description, retrenchment, harassment (in employment) or unsafe conditions to the workplace.

 

 

8. Resume Ownership

The employment of a candidate introduced by Recruit Hero through any channel for a similar or non-similar role within 12 months of introduction will render You liable for full payment of the fee.

Upon presentation of the candidate’s resume, You shall provide written confirmation to Recruit Hero if the candidate is already in your database. You may, at its sole discretion, offer employment to any candidate presented by Recruit Hero.

In the case where the Client agreed to hire any candidate presented by Recruit Hero, without informing or notify Recruit Hero of such event, Recruit Hero will charge a fine of 3 times of the actual placement fee and immediately possess the rights to discontinue the Service to the Client without prior notice.

In the event that the Client receives similar candidate via other third parties before introduced by Recruit Hero, the Client shall provide evidence that such event happened, and as such, can proceed with the mentioned third party without having any obligation to answer to Recruit Hero about the employment of such candidates.

 

 

9. Invoicing & Payment

Recruit Hero shall invoice the Client for the placement fee on the Effective Date. The invoice amount is due and payable within 30 days of the date of the invoice.


Should the Client fail to settle all payment before the designated timeline, Recruit Hero will assess a Late Payment Charge (LPC) on Client’s invoice equal to five percent (5%) of the amount overdue for each month OR FRACTION THEREOF, OR SUCH LESSER AMOUNT AS MAY BE THE MAXIMUM AMOUNT PERMITTED BY LAW, outstanding until paid, beginning with the due date of the late payment. The LPC includes ta’widh (compensation) to Recruit Hero for any actual loss incurred due to the Client delay and gharamah (penalty), as follows

 

a) Ta’widh (compensation) rate equal to one percent (1%), and

 

b) Gharamah (penalty) rate is the difference between the LPC and ta’widh amount, which shall be channeled to charitable organizations as approved by any members of Recruit Hero board of management.

 

 

10. Responsibility Disclaimer & Confidentiality

Recruit Hero will, in all its power shall take reasonable care in the selection of candidates. However, we are not responsible for any negligence, dishonesty, misconduct, or lack of skills of any candidates.

All parties must not at any time disclose any confidential matters, or information relating the engaged service, including candidates, Clients, and Recruit Hero information without prior consent from the particular party.

 

 

11. Referral Program

To participate and become eligible for a referral bonus, refer new candidates and companies to our Site through your referral link stated in the email you received from Recruit Hero. In order for a bonus to be due for a referral, the candidates and companies referred must

 

a) be a new user of Recruit Hero, means someone who never before started a Site account regardless of whether such person completed or submitted his or her details,

 

b) first enter the Site through your referral link,

 

c) candidates are hired for a job through the Site,

 

d) candidates hired remain employed in the job for 90 days from the starting date of the employment

 

You will be notified of a successful event by the later of seven (7) days from referral bonus approval or hiring of the candidates. Recruit Hero will use reasonable efforts to pay referral bonuses within thirty (30) days of a successful event; however payment may take longer due to factors such as order volume, shipping time or international locations. Only one (1) referral bonus will be paid per candidate regardless of the number of jobs for which such candidate receives referrals.

 

Referring users may not use spam or send unsolicited emails to persons they don't personally know to collect referrals and may not collect referrals by posting on message boards or other online venues in violation of such venues’ terms of use. Recruit Hero reserves the right to cancel any referral bonus if it determines, in its sole discretion, that a referring user has violated these terms, including through any fraudulent or misleading referral activity (for example, by referring fake people to users, using false names, using multiple identities, email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information) or if Recruit Hero terminates the referring user’s account for any reason.

 

Referring users may also be liable for civil and/or criminal penalties under applicable law. Any other abuse of this offer, as determined by Recruit Hero in its sole discretion, may result in the rescission of the referral bonus, as well as a determination that one or both parties are ineligible to participate in this or future offers. Determination of referral bonus eligibility, as well as any exceptions, are at the sole discretion of Recruit Hero. Recruit Hero reserves the right to verify eligibility and adjust offers at any time prior to or following posting and/or award. If any provision of these terms is, for any reason, held to be invalid or unenforceable, its other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 

Recruit Hero may update, suspend or terminate this Referral Program or any user's ability to participate in this Referral Program at any time for any reason. If Recruit Hero modifies these terms, we will post the modification to the Site, which will be effective upon posting. Continued participation in this Referral Program after any modification constitutes consent to such modification.

 

 

12. Change of Terms & Termination

All Terms cannot be changed without the written consent of any members of Recruit Hero board of management.

All above Terms shall come into effect right after both parties execute the Service engagement, and shall last until either party terminates the agreement through giving 30 days’ prior written notice.

 

 

13. Recruit Hero Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by Us or our licensors and it is protected by United States, Malaysia, and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, We may terminate your use of the Service.

 

 

14. Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Recruit Hero makes no claim or representation regarding and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

 

 

15. Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL RECRUIT HERO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO RECRUIT HERO. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

 

 

16. Feedback

Please let us know what you think of the Service, these Terms and, in general, Recruit Hero website. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Recruit Hero website, you irrevocably assign to us all of your right, title, and interest in and to your feedback, comments, and suggestions.

 

 

17. Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address hello @ recruithero.com.my .