Terms of Service
Last Revised: September 9, 2020
1. Accepting These Terms
So, before You use the Service, please read all of the Terms. If You don't agree with 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 emailing 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.
4. Third-Party Services
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
6.1. Paid Services
The use of certain Service may be subject to payment of particular fees, as determined by Us in its sole discretion ("Paid Service(s)" and "Fee(s)", respectively). We reserve the right to change its Fees at any time, upon notice to You if such change may affect Your existing subscriptions.
As part of registering or submitting information to receive Paid Services, You also authorize Us (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from Our payment provider or Your designated banking account, and to make any inquiries We or its affiliates may consider necessary to validate Your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from Your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to Us by Your credit card company). You may be required to keep a credit card stored with Us (either directly or through its affiliates, subsidiaries, or other third parties) to pay for Your Paid Services ("Stored Card").
6.2. Subscription Auto-Renewals
In order to ensure that You do not experience any interruption or loss of Services, certain Paid Services include an automatic renewal option by default, according to which, unless You turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to You, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer provided for the first period) ("Renewing Paid Service(s)"). For example, if the original subscription period for a Paid Service is one month, each of its renewal periods (where applicable) will be for one month.
Accordingly, where applicable, We will attempt to automatically charge You the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by You, We may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel Your account, without further notice. By purchasing a Renewing Paid Service, You acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms. You may turn off the auto-renewal option for Renewing Paid Services at any time via Your account.
6.3. Headhunting Service
In full consideration for Recruit Hero's provision of Services through headhunting service, We will charge a percentage of the selected candidate’s 1st-year base salary as a placement fee. As a Client ("Client" means a company or individual interested in hiring, or appointment Recruit Hero's candidates) 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. Candidate Replacement Conditions
Through Our headhunting service, 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) The 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 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 headhunting service for a similar or non-similar role within 12 months of introduction will render You liable for full payment of the placement 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
All Fees and incidentals are invoiced and are to be settled in Malaysian Ringgit. In the case where Client 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.
For Recruit Hero headhunting service, We 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.
9.2. Late Payment
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 compensation to Recruit Hero for any actual loss incurred due to the Client delay and penalty, as follows
a) Compensation rate equal to one percent (1%), and
b) Penalty rate is the difference between the LPC and compensation amount, which shall be channeled to charitable organizations as approved by any members of Recruit Hero board of management.
If at any time, We record a decline, chargeback, or other rejection of a charge of any payable Fees on Your account ("Chargeback"), this will be considered as a breach of Your payment obligations hereunder, and Your use of the Services may be automatically disabled or terminated. Your use of the Services will not resume until You re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by Us (either directly or through its affiliates, subsidiaries, or other third parties) for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor). We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the user responsible for such Chargeback did in fact authorize the transaction and make use of the Services rendered thereafter.
You may discontinue to use and request to cancel Your account and/or any Services at any time, in accordance with the instructions available on the Services. The effective date and time for such cancellation shall be the date and time on which You have completed the cancellation process on the Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services subscription period. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which You have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of the Terms and/or to pay any due Fee shall entitle Us to suspend (until full payment is made) or cancel Your account, as well as the provision of any related Services to You.
11. 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.
12. 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 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.
13. 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.
14. 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 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.
15. 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.
16. 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.
Please let Us know what You think of the Service, these Terms, and, in general, the 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.
18. Questions & Contact Information
Questions or comments about the Service may be directed to Us at the email address hello @ recruithero.com.my .