1. Engagement:                                                        
Global InnovSource Solutions Pvt. Ltd. (the Company) hereby engages the JobEx recruiter (JBR) to render, as an independent contractor, the services, in field of Delivery in Recruitment.

2. Definitions:
a) JBR: JobEx Recruiter is independent contractor who is to render services in providing quality candidates or leads.
b) The client/Client: Are clients of “the company”; for whom “the company” provides services in the field of HR services (including recruitment and providing quality candidates).
c) Referred Candidate/s / Referral candidates: Are individuals whose CV/Bio-data has been sent by “JBR” to “the company” for the purpose stated under this agreement via the JobEx portal.
d) Affiliate products: Products of clients/vendors of “the company” to be displayed on the jobex website.

3. Commencement and Eligibility:

1. Terms and conditions will commence on the date of registration, and unless modified by the company, shall continue for a period of 12 months from that date.
   1. The Company at any time before the expiry of 12 months of registration shall have right to terminate the registration by giving prior notice to other party in writing at the address mentioned hereinabove or at such address conveyed, for the purpose at later stage.
   2. The Company can terminate the registration if the JBR defaults in performing its obligation (s) under the terms and conditions mentioned and the same has not been remedial within 15 days after receipt of the notice to do so.
   3. Any person who is an Indian citizen and above 18 years and has filled up the Registration Form and submit relevant documents as required will be eligible to become a JBR.

4. Compensation & Refund Policy:

1. (i) In case of the referral resume being used for perm-staffing (one time recruitment) the JBR shall be entitled to a compensation as mentioned in the table below (4.a.i.A) or 15 days salary of the candidate referred by the JBR whichever is lower. This compensation is subject to change in case there is a change in the compensation paid by the Client.
   1. In case a “Referred Candidate” is attached against a requirement and he/she is selected for that requirement.

1. In case a “Referred Candidate” is attached against a requirement and he/she is selected for ANY other requirement or a “referred candidate” is not attached against any requirement and is selected, then in such a case the JBR will be eligible for an incentive equalling 20% of the Invoice amount or 15 days salary of the candidate referred by the JBR whichever is lower. This compensation is subject to change in case there is a change in the compensation paid by the Client.

(ii) In case of the referral resume being used for flexi-staffing (contract mode) the JBR shall be entitled to compensation of INR 500/- per candidate. This compensation is subject to change in case there is a change in the compensation paid by the client.

1. In cases where the JBR through his reference signs up an agreement for recruitment services(one time), for “The Company” (on The company’s letter head);
   1. The JBR is eligible for a compensation amount of 5% of the billable value for every closure on this particular agreement ONLY.
   2. The region of applicability and other points noted in this agreement shall be applicable to the JBR.
   3. In cases where the JBR has signed up the agreement for the company and has a referral resume submitted by him selected & joined for the positions given on this agreement; then in such cases the JBR is eligible for a compensation amount of (5% of billable amount)+( Payout % as mentioned in clause 4.a.i.A).
   4. The compensation amount as mentioned above will be valid for a period of 12 months or the validity of this terms and conditions, whichever is earlier.
2. This amount will be payable on receipt of payment from the client. Refund, return, deduction, or credit notes applicable, as a part of the client agreement with the Company will also apply to the JBR on such payments.
3. The JBR will be eligible for successful registration referral of his/her friend to JobEx, the reward for the same will depend upon the scheme he/she has signed into. The discretion of the management of “the company” will be final and binding in this case. All rewards mentioned in this clause will be payable only on realisation of payment made towards JobEx registration by the JBR referral.
4. In addition to the above mentioned clause the JBR will be eligible for incentive scheme for referral of various ‘affiliate products’ the payout value for which will be defined and conveyed through the JobEx website. For all such payouts the JBR hereby agrees that the terms mentioned under this T&C will apply and be valid for the period of this agreement.
5. The JBR agrees that he has read and hereby agrees he/she will not be eligible for compensation or refund of any kind under the following circumstances:-
   1. In cases where the client of “the company” defaults on payment, payable to “the company”; then in such a case JBR will not be eligible for refund or compensation of any kind.
   2. In cases where the “Referred candidate” of JBR has absconded/resigned due to any circumstances and as a result of which “the company” does not get payment from “the client”; then in such cases JBR is not eligible for any refund under any circumstances.
   3. In cases where “the client” is liquidated/closed/bankrupt and defaults on payment to “the company”; then in such cases the JBR will not be eligible for any payment or refund under any circumstances.
   4. JBR shall not send any “referral candidate” resume via hardcopy and/or email to any employee of “the company” under any circumstances; he/she further agrees that he/she will not be eligible for any compensation on breach of this clause, under any circumstances.
   5. And for any other unforseen reason.
6. In case Global Innovsource is placing candidate through some other agency or Global Innovsource is working as Sub-Contractor than the rewards will be calculated on the amount Global Innovsource receives from the contractor and not on the basis on Candidates salary.
7. Fees payable to the JBR shall be subject to Tax Deducted at Source (“TDS”) and all other statutory deductions wherever applicable.  The JBR is required to have PAN Number and Service Tax Number (if Applicable).
8. In case the referral candidate is not selected within 12 months from the date of uploading of resume; than JBR will not be eligible for refund or any other compensation (incentive) under any circumstances. All such referred candidate will be the property of “the company”.
9. In case of a referral candidate of JBR is selected and reward for the same is given by “the company”, then in such cases the “referral candidate” CV/Resume shall be the property of “the company” and the JBR will not be eligible for any payout/reward on any further selections/closures of this “referred candidate”.
10. All billable amounts are calculated excluding taxes.
11. All compensation amounts calculated above are payable on receipt from the client of “the company”.
12. The JBR reward posted on the JobEx portal is an indicative reward amount and subject to change as per payment made by the client for the same.
13. The JBR shall claim compensation only if the Candidate is selected and the resume of such selected Candidate was first posted by the JBR on the JobEx portal.
14. In the case of candidate referred by the JBR resigns/absconds within the replacement period as agreed between Global InnovSource and its client for whom JBR has referred the concerned candidate; then in such a case Global InnovSource will raise a debit note on the JBR for the amount paid out to him/her or has to provide a replacement for the same, whichever is applicable.
15. The JBR will only be eligible for compensation if the candidate referred by the JBR joins the client of the company and remains in job for the “replacement period” as ruled under the agreement signed between “the company” and “the client”; and the client makes the payment to Global InnovSource.
16. Registration fee paid towards registration on the JobEx website, once paid will not be refunded to the JBR under any circumstances.

5. Place of Work:
The JBR shall render the services at all places with his/her own resources, if required by the company. The company shall not be liable to any direct or indirect costs incurred by the JBR in performance of his duty towards the company.

6. JBR's Business Activities:

1. The Company shall float its requirements to the JBR. The JBR shall search from his/her personal network a “right fit” Candidate and post the Candidate’s resume on the JobEx portal. The JBR agrees that once the resume of a Candidate is posted on the JobEx portal by him/her, it shall be the property of the Company for a period of 1 (one) year from the date of registration, the JBR shall not post the same resume on the JobEx portal again. However, after the expiry of 1 (one) year, the JBR shall, on renewal of his/her registration and on payment of the registration fees shall post the same resume again, if the Candidate, whose resume was posted earlier, is not selected.
2. In the event a resume of a Candidate is posted by 1 (one) or more JobEx recruiters, the JobEx recruiter who posts the resume first shall be entitled for compensation, if the Candidate is selected.

7. Confidential Information:
The JBR shall not disclose or appropriate to his own use or to the use of any third party or at any time, any secret or confidential information of Company or any of the Company’s affiliates or subsidiaries of which the JBRs has been or hereafter become informed, whether or not developed by the JBR including, but not limited to information pertaining to the JBR’s performance or as required by governmental authority.  The Company shall have right to obtain injunctive relief, without bond, for any violation of the terms of this paragraph.

8. Interference with the Company's Business:
Notwithstanding any other provision of this, for a period of one year after registration with the company, the JBR shall not, directly or indirectly, employ, solicit for employment, or advise or recommend to any other person that such other person employ or solicit for employment, any person employed or under contract (whether as a JBR, employee or otherwise) by or to the Company during the period of such person's association with the Company and one year thereafter, unless mutually agreed. Notwithstanding any other provisions and to the fullest extent permitted by law, the JBR shall not, directly or indirectly, solicit any clients or customers of the Company. The JBR agrees that such solicitation would necessarily involve disclosure or use of confidential information in breach of the Confidential Information clause hereinabove.

9. Representations and Warranties:
a) The JBR represents and warrants:

1. That the performance of the services in the field of Delivery in Recruitment & providing qualified aspiring candidates, do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party;
2. That the JBR has not entered into or will enter into any agreement (whether oral or written) in conflict of the terms and conditions mentioned.

b) The JBR shall perform the services in the field of Delivery in Recruitment & providing qualified aspiring candidates and to the highest standard prevailing in the industries.

10.   Indemnification:
The JBR hereby indemnifies and agrees to defend and hold harmless the Company, at all times, from and against any and all claims, demands and actions, and any liabilities, damages or expenses resulting there from, including the court costs and reasonable attorneys' fees, arising out of or relating to the services performed by JBR or the representations and warranties made by JBR pursuant to paragraph 9 hereof and arising out of Professional Misconduct, if any. The JBR's obligations under this paragraph 9 hereof shall survive the termination, for any reason

11.   Attorney's Fees:
Should either party hereto, resort to litigation, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys' fees and costs in such litigation from the party or parties against whom enforcement was sought.

12. Amendment:
The company reserves the right to amend any of the terms and conditions without prior information to JBR and the JBR agrees to abide by all such amendments done by the company from time to time. All such updates and amendments will be placed on www.jobex.in.

13. Severability:
If any term, provision, covenant or condition mentioned in this term and condition, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this terms and conditions and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.

14. Non-waiver:
No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by an executive officer of the Company or other person duly authorized by the Company.

15. Remedies for Breach:
The parties hereto agree that, in the event of breach or threatened breach the damage or imminent damage to the value and the goodwill of the Company's business will be inestimable, and that therefore any remedy at law or in damages shall be inadequate. Accordingly, the parties hereto agree that the Company shall be entitled to injunctive relief against the JBR in the event of any breach or threatened breach by the JBR, in addition to any other relief (including damages and the right of the Company to stop payments hereunder which is hereby granted available to the Company as mentioned or under law).

16. Registration, Transfer of registration and cancellation:

a) The JBR has to first register with “the company” for access to the jobex portal, for which the JBR has to pay an annual registration fee. Registration fee will be applicable according to the scheme the JBR has been signed into.

b) The JBR registration with the company for the validity period is not transferable to any person(s). In case of request for cancellation of login on the JobEx website, the JBR’s login will be suspended. The JBR will not be eligible for any refund for the same. In all cases pertaining the cancellation or transfer of registration management decision will be final and binding.

17. Compliance with Law:
In connection with the Services rendered hereunder, the JBR agrees to abide by all Union, State, and Local Laws, Ordinances and Regulations.

18. Independent Contractor:
The relationship between the JBR and the Company is that of independent contractor. The JBR is not authority to act for the Company as its agent or make commitments for the Company. The JBR will not be eligible for any employee benefits. JBR retains the discretion in performing the tasks assigned, within the scope of work specified.

19. Taxes:
The JBR agrees to pay all appropriate Local, State and Central taxes if applicable.

20. Arbitration:
If an alleged dispute or other matters in question between the parties arise, which cannot be resolved within 30 days through consultation and negotiation, then such issue under dispute must be raised to the senior Management of the Company for consideration and resolution, who shall negotiate in good faith to seek and resolve such dispute. Under all circumstances the decision of the Management of the company will be final and binding on the JBR.

21. Modifications:
The terms and conditions are subject to change in tune with changes in the market, regulatory changes, and Clients-Company agreements. Any updates or changes to this terms and conditions will be put up on the JobEx website (www.jobex.in)

22. Notices:

• All Notices given must be in writing and shall be delivered by hand, by first class courier or sent by post to the addresses mentioned above.
• If the Parties change their respective addresses then the same shall be informed to the other party within a period of 7 days from the date of such change in address.