2dgres TERMS OF BUSINESS
This document is the Terms under which you may make use of the 2dgres Services provided via Our Site i-recruiter.com. Please read these Terms carefully before you make use of the 2dgres Services.
By registering to access 2dgres you agree to be bound by these Terms. These Terms shall apply each time you use the 2dgres Services (unless otherwise agreed in writing) and shall prevail over any inconsistent terms or conditions contained, or referred to, in your standard terms of business or any other document supplied by you, or implied by law, industry custom, practice or course of dealing. In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail. We reserve the right to change these Terms at any time without notice, by posting changes online. You are responsible for checking these Terms every time that you access the 2dgres, in order to ensure that you are aware of any changes. Your continued access to and use of the 2dgres, after changes are posted, constitutes your acceptance of the amended Terms.
By accepting these Terms you warrant that you have full capacity and authority to enter into and perform an Agreement with us to use the 2dgres Services, and are duly authorised to bind the party for whom you act.
Who We are
We are 2dgres (“2dgres” or “We” or “Us” or “Our”). We are registered Company in the United Arab Emirates under Dawaam Management Consultancies License number: 660965.
DEFINITIONS AND INTERPRETATION
For the purpose of these Terms, the following definitions shall apply:
Account: By signing up to the i-recruiter.com, as either an Employer or Recruiter, you are creating an account, which will contain your activity on the 2dgres.
Agreement: The agreement between Us and you pursuant to which you make use of the 2dgres Services, the terms of which are set out in these Terms.
Candidate: A person introduced, directly or indirectly, by the Recruiter to the Employer through the 2dgres Services, to be considered for a role.
Startup or Employer or Hiring Company: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) that uses the 2dgres Services to post details of one or more Vacancies with the view of employing a Candidate.
2dgre’s Fee: The fee that We deduct from the Recruiter’s Placement Fee for the 2dgres Services We provide. This is calculated at 20% of the total fee agreed upon
Engagement: The act of an Employer accepting a Recruiter’s engagement request via 2dgres, to submit Candidate(s) to their Vacancy.
Fee: The agreed upon value of an Engagement should the Engagement be successful.
Fee Period: The period a Recruiter is deemed to have ownership of a Candidate which shall be six months from the date of submittal of such Candidate’s CV to 2dgres.
2dgres: Refers to Our Site in which an Employer may post Vacancies and source Candidates and a Recruiter may submit Candidates to Vacancies.
Hire or Placement: This is the employment of a Candidate by or on behalf of an Employer directly or indirectly following the introduction of a Candidate by a Recruiter via 2dgres. This covers all sorts of types of employment – including but not limited to Permanent, Temporary, Contract.
Placement Fee: The fee agreed upon between the Employer and the Recruiter before the Engagement which is only payable by the Employer to 2dgres upon the hiring of a Candidate. The Fee can not be changed only in writing and agreement between both parties with 2dgres in agreement.
Payment Schedule / Refund: This refers to the Payment Schedule agreed to the Recruiter or the Refund to the Employer.
Refund Period: The period calculated by reference to the start date of a Candidate’s employment and the date of the Candidate’s termination of employment (as further detailed in these Terms), during which Employer is entitled to a full or partial refund of the Placement Fee should the Employer (acting reasonably) determine that the Candidate is unsuitable and terminates the Candidate’s Employment.
Recruiter: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) who uses the 2dgres Services to introduce one or more Candidates to Employers in respect of any Vacancy.
Recruiter Fee: The fee payable to a Recruiter upon a Placement, which is displayed on 2dgres and calculated as the Placement Fee minus 2dgres Fee. Only payable to the Recruiter once we have received the Placement Fee from the Employer, and upon the Candidate satisfying the Refund Period.
Start Date: The date on which a Candidate commences employment, with an Employer following the acceptance by the Candidate of an offer of employment by an Employer.
Terms: These terms and conditions under which you may make use of the 2dgres Services.
Vacancy/Vacancies/Role/Job: A job vacancy posted by the Employer on the 2dgres.
Workspace: Refers to the Employers accepting a bid from a Recruiter and the messaging service and lines of communication that is subsequently opened were all correspondents are stored and CVs uploaded.
In these Terms words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa.
In order to use the 2dgres Services, We ask that both the Employer and the Recruiters provide as much accurate information as possible. We will aim to validate as much of that information as possible and failure to have complete profiles could result in denied access to the site or suspension of accounts.
THE EMPLOYERS OBLIGATIONS
The Employer agrees to be bound by these terms by accepting details of details of, or viewing, or engaging, a candidate introduced by or through 2dgres service.
The Employer agrees to provide as much accurate information regarding the position which the Employer seeks to fill, including the type of work that the candidates would be required to do, the location of work, the experience and qualifications required.
The Employer shall use their best endeavours to keep confidential any confidential information of any Candidate (including without limitation any CV or other information provided in support of an application for a Vacancy) that is provided to the Employer in connection with the 2dgres Services.
2dgres is not responsible for any Candidates or the data that is provided to them by the Recruiter. It is the responsibility of the Employer to satisfy itself as to the suitability of the Candidate and that all the information, including background and reference checks are carried out either by the Employer or the Recruiter.
The Employer agrees to notify 2dgres immediately when an offer of employment has been accepted by a Candidate in order for 2dgres to raise the correct invoice for the Placement Fee.
The Employer agrees that:
(a) the candidate is not contacted directly by the Employer for any role for a period of 6 months of introduction by 2dgres. Should they hire that Candidate within that period they will be liable for any Fees that would have been payable.
(b) no referrals will be asked from the candidate for any role for a period of 4 weeks of introduction by the 2dgres unless if candidate becomes a full-time employee. Any referrals will be considered a 2dgres candidate and the full fee will be payable.
(C) the Candidate will not be passed on to directly or indirect to another firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement of that Candidate. If found to do so then the full fee will be liable.
(D) if they have received the Candidates CV already that they inform the Recruiter immediately. Should you ask the specific Recruiter for the contact details of the candidate or to arrange an interview for you with that said Candidate than you are acknowledging that the Candidate is not represented by another Recruiter or that you have it currently in the Employers database. In the event of such a dispute We will investigate and based upon the available evidence as displayed in the “Workspace” make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
(E) to inform 2dgres should any of the Recruiters reach out to the Employer directly and try to avoid, circumvent or workaround the 2dgres Services or Our Site with the hope of avoiding paying any 2dgres Fees. If this is found to be the case the Recruiter will be barred from the site with Immediate effect – commission will still be due and paid to 2dgres – minus a 20% fee.
THE RECRUITERS OBLIGATIONS
When engaged with an Employer on the 2dgres, the Recruiter shall not use the Employer’s company name or brand publicly when advertising the Employer’s vacancy and searching for Candidates, unless specifically allowed to in writing by the Employer.
The Recruiter will take all steps as are reasonable practicable to ensure that it would not be unfavourable to the interests of either the Employer or the Candidates for the Candidates to work in the position which the Employer seeks to fill.
The Candidates must meet the specification set out by the Employer in the Vacancy. The Recruiter agrees to properly screen Candidates which they submit to Vacancies and not just send CV’s in the Database to fill roles. We will on occasion and if any dispute arise have the right to contact the Candidate directly and see if they had been contacted by the Recruiter for that specific role at hand.
All CV submissions for Vacancies must be sent through 2dgres Platform. Any actions that circumvent or attempt to circumvent Our Site and the 2dgres Services by submitting CVs in any other way will lead to Account termination and all loss of Account information, Account data, and Account reviews. In the event of such termination, all your information will be removed from the site and no placement fees will be due to you for any hiring past present or future.
The Recruiter agrees that:
(A) that they shall not approach directly any Employers to whom they have been introduced to by 2dgres, engaged with on the 2dgres, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by 2dgres, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the introduction. If there is reason to believe or that there is proof that the Recruiter has done so than the account will be suspended immediately and all Fees past present and future will be withheld.
(B) to not directly or indirectly try to work around, avoid, circumvent or otherwise exploit the 2dgres Services or Our Site with the hope of avoiding of 2dgres collecting the 2dgres Fee.
(C) to agree to any decision on the origination of a Candidate as per clause (D) under Employer Obligations, The Employer is obliged to tell the Recruiter immediately if they have the CV of the Candidate from another source. Should you be asked by The Employer to arrange an interview with that said Candidate than The Employer is acknowledging that the Candidate is not represented by another Recruiter and you would be legible for the Fee should the Candidates be hired. Should a dispute arise 2dgres will investigate further as to the origination of the Candidate’s CV and based upon the available evidence as an independent party make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
THE PLACEMENT FEE
Where a Candidate is submitted via 2dgres and is successfully appointed in a posted Vacancy, or within any other role within the Employer’s organisation (including any organisation within the Employer’s group), We will invoice the Employer on the Candidate’s Start Date for the Placement Fee.
The Placement Fee is payable within 14 days from the first day of employment of the hired Candidate. If the Candidate in question does not commence employment, the Placement Fee shall not be payable.
An Employer will be liable for the Placement Fee in respect of a Candidate, where within six months of the Candidate being introduced to the Employer:
- The Employer employs that Candidate on a permanent or temporary basis; or
- the Employer initially rejects the Candidate, but subsequently employs the Candidate or engages with the Candidate in any capacity; or
- the Employer refers the Candidate to a third party, including another company or business in the Employer’s group of companies, and that third party employs or engages with the Candidate.
The Placement Fee excludes VAT and other duties or taxes, which will be payable by the Employer in addition to the Placement Fee at the rate in force.
We shall be entitled to deduct from any payments due to a Recruiter any amounts to account for any damages, losses or costs incurred by 2dgres arising as a result of a Recruiter’s breach of this Agreement or its negligent acts or omissions.
The Employer must notify 2dgres of any dispute concerning a Placement Fee within 10 days from the date of such Invoice by email to firstname.lastname@example.org Otherwise, the Client is deemed to have accepted the Placement Fee. Where the Client notifies 2dgres that the Client disputes a Placement Fee within 10 days from the date of the Placement Fee, 2dgres will investigate such dispute and will inform the Client of 2dgres’s findings.
The Client agrees to pay the Placement Fee for the Service within the timeframe and using one of the payment channels specified in the Invoice issued by 2dgres. The Client may be charged a late payment Charge if The Client does not pay the Placement Fee by the due date specified on the Invoice. If the Employer has failed to pay the Recruitment Fee to us within 30 days following the Candidate Start Date, any refund or credit will be forfeited.
2dgres is only liable to pay the recruiter if 2dgres receives the fee from the Employer for the candidate in question. 2dgres will not be liable to cover any Placement fees.
The Employer agrees that the Placement Fee will be released to the successful Recruiter in line with the aforementioned schedule, of 50% on the 61stday and 50% on 91st day respectively (providing the Candidate in question has not ceased employment with the Employer in line with the aforementioned Refund terms). Should an Employer have any variation in the payment schedule that this must be clearly stated when publishing a Job Vacancy on the site under “Additional Info” text box. If this is not made clear than it is assumed that the standard payment schedule as laid out in the “Refund Policy & Guarantee Period” clause is to be honoured.
REFUND POLICY & GUARANTEE PERIOD
Should the Candidate leave the employment of the Employer within ninety (90) days from the commencement of the Engagement (except where the Candidate is made redundant, or a change in management) the following refunds will be available
- 100% from 1 –60 days
- 50% from 61 – 90 days
The Employer must notify 2dgres in writing within 7 working days of the candidates leaving the Employer’s employment. email@example.com
The Refund shall be repayable to 2dgres in full where the Employer, any subsidiary, associated or holding company of the Employer subsequently re-engages the Candidate in any capacity within a period of six months.
THE RECRUITER FEE AND 2dgres FEE
On a Candidate’s Start Date, 2dgres shall invoice the Employer for the Placement Fee as agreed upon when engaging the Recruiter. The Placement fee will be held with 2dgres and paid to the Recruiter when it is free of any Refund periods as set by the Employer in previous clauses.
The Recruiter Fee will be released to the successful Recruiter in line with the aforementioned Refund schedule, on or around the 61st and 91st day respectively (providing the Candidate in question has not ceased employment with the Employer in line with the aforementioned Refund terms).
2dgres Fee will be processed in the same way as the Recruiter with 50% of our 20% fee due on the 61day and the remaining 50% due on 91stDay.
On Occasion the Employer will request a variation of 2dgres’s payment terms – this must be clearly stated when publishing a Job Vacancy on the site under “Additional Info” text box.
EMPLOYER AND RECRUITER ACCOUNT TERMINATION
We may suspend an Employer or a Recruiter’s access to the 2dgres Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all data and information associated with the Recruiter’s Account on the 2dgres.
We may also terminate or suspend any and all 2dgres Services and access to Our Site immediately, without prior notice or liability, if you breach any of the Terms of this Agreement. Upon termination of your Account, your right to use the 2dgres Services, access Our Site, and any content will immediately cease. All provisions of the Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation: ownership provisions, warranty disclaimers, and limitations of liability.
LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES SHALL 2DGRES NOR ANY OF ITS SUBSIDIARIES OR HOLDING COMPANIES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE 2DGRES SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHICH ARE INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE THAT MAY ARISE OUT OF OR RELATE TO THE USE OF THE 2DGRES SERVICES, EVEN IF FORESEEABLE. OUR TOTAL LIABILITY TO EACH OF THE RECRUITER AND THE EMPLOYER SHALL BE LIMITED TO THE AMOUNT OF THE APPLICABLE SERVICE FEE.
This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law. The Employer and the Candidate agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms.
The Employer and the Recruiter acknowledge that Our Site operates a transparent feedback and review functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have a detrimental impact on the Recruiter’s or Employer’s feedback and reputation.
Unless otherwise agreed in writing, by using Our Site and 2dgres Services all users give Us permission to disclose our business relationship to other parties to promote Our provenance. This includes (but is not limited to) your company name, logo, testimonials and any written or verbal communication.
GOVERNING LAW AND JURISDICTION
Any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
For any queries or question regarding the terms of business please contact firstname.lastname@example.org