Terms and Conditions

1. Definitions

The following expressions shall have the following meanings in the Agreement defined below:

• Agreement: Candidate Agreement inclusive of all attachments and Annexures attached herewith deemed to be executed at Gurgaon.
• Date of Activation: The date specified by the Company in its notice to the Candidates either through email indicating the approval to the Candidate registration and permission to access the Service.
• Expiry Date: The expiry date of the notice of termination of the services.
• Product: Products features through the Company Applications and Website inter alia.
• Services:
  • Candidate could post any and/or all information including video interviews and portfolio shared or submitted through any of the sources utilized by Company relating to his candidature provided by him on Company website, mobile application, social media pages, print media advertisements or such other classified sections on the Website.
  • Candidate could receive information, advertisements, newsletters and promotional messages on Website and through email, telephonic/IVR calls.
• Registration Data: All the information and particulars of the Candidate requested on initial application and subscription, including but without limiting to the Candidate name, mailing address, email address, account and telephone number, video interviews and any information shared by the Candidate.
• Recruiter: All those Companies registered on the website of the Company for seeking prospective employees or independent contractors/consultants.
• Website: The Internet web site of the Company atwww.Ambitionhire.ai.

2.General Terms

• This Candidate hereby permits the Company to place any and/or all information including video interviews and profile; jointly called as video portfolio shared by the Candidate or submitted through any of the sources like mobile application and/or as part of the source mix campaigns-online and offline utilized by the Company; relating to the candidature of the Candidates provided by the Candidate on mobile application, social media pages, print media advertisements or such other classified sections on the Website or such other mirror or parallel site(s) or in allied publications as the Company may deem fit and proper and such other services as provided by the Company.
• The Candidate, in order to avail the services and products, must register on the Website/mobile applications/kiosk and/or any other platform made available by the Company.
• The Candidate shall not hold the Company liable for any use/misuse/stroke/ morphing/editing and alteration of any kind whatsoever of the profile/video recording once the same leaves the secured server of the Company.
• The Company reserves the right to charge/modify subscription and/or membership fees in respect of any aspect of this Website/mobile applications/kiosk and/or any other platform made available by the Company without prior notice.
• The Company reserves all the rights to terminate the Candidate account without any prior notice for any violation of this Agreement.
• The Company shall have exclusive right to use, cancel or delete any content including any profile or information or data fed by the Candidate without assigning any reason whatsoever from being published or reflected on its Website/mobile applications/kiosk and/or any other platform made available by the Company.
• Candidate hereby agrees that they shall not use Company for the following acts or purpose:
  • Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder.
  • Any unlawful activity thereby including illegal access to the code repositories of the Company/Database of the Company.
  • Disseminating or posting of harmful content including, but not limited to viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information.
  • Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by the Company in its sole discretion.
  • Posting or transmitting, or causing to be posted or transmitted through Company:
    • any obscene matter or
    • sending spam messages or
    • misuse of email services/any video
    • any business related advertisement other than permitted by the Company.
• All or any changes/modifications made by the Candidate to the data/information shall be effected and will come into operation only after at the earliest as deemed possible by the company. In case the Candidate data and video have already reached the login page of the Recruiter, then it will remain for that Recruiter without it getting affected by any update made by the Candidate on his profile for that Recruiter.
• Duplication of information or uploading of multiple profiles by the same Candidate using the same or different accounts shall entitle Company to reserve the right to remove the profiles without notice to the Candidate. However, the Candidate can apply for multiple roles and hence can create separate video and profile for the same.
• Candidates will not assign or transfer their rights or account login information to a third person or entity and shall prohibit other persons from using their account on the Company’s Website/mobile applications/kiosk and/or any other platform made available by the Company.
• In case of any breach of security such as loss, theft, unauthorized disclosure or use of Product or Services or its login information; the Candidate will inform the same to the Company as soon as it comes to the knowledge of the Candidates.
• The Candidates are solely responsible for the accuracy of the Registration Data given to the Company in the application at the time of registration and subsequent modification thereof in order to use the Products and Services.
• The Candidates are responsible for the setup or configuration of all the necessary equipment required to access the Service except where it is specifically for a charge by the Company.
• The Candidate will comply with all notices or instructions given by the Company from time to time in respect of the use of the Products and Services.
• The Candidate shall be solely responsible for all information retrieved, stored, and transmitted through the Products and Services by it.
• Company offers neither guarantee(s) nor warranty(s) that there would be a satisfactory response or any at all response once the job is put on display.
• The Candidate shall not use/circulate/forward any Recruiter’s information on Company website/mobile applications/kiosk and/or any other platform made available by the Company to anyone.
• Candidates will use the Service only for the purpose for which it is registered. Candidates will comply with all applicable laws and shall not contravene any applicable law of India relating to the Services, including any regulation made pursuant thereto.

3. INTELLECTUAL PROPERTY RIGHTS

• The Company shall at all times retain all rights, title and interest in and to the Intellectual Property Rights contained in the Services, products and processes, including but not limited to all rights under applicable patents, copyrights, trademarks and trade secrets and all renewals and extensions thereto. The disclosure of any documents, data and other information in connection with this Agreement, including without limitation when such disclosure is made in fulfillment of a contractual obligation hereunder, shall not be construed as a grant or transfer of such rights.
• Candidates will not breach any intellectual property rights of the Company or retain information in any computer system or otherwise with such intention.

4. Termination of Service

• The Company may terminate this Agreement with immediate effect, without prior notice to the Candidate, if the Candidates have breached any of the terms or conditions of this Agreement.
• The Company’s right to termination is without prejudice to its right to have recourse legal remedies for any breach by the Candidate inter alia including non-payment for any product or services already availed by the Candidate.

5. Disclaimer

• The Company hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
• The Services are provided on an “as-is” and “as-available” basis. The Company makes no warranty and disclaims that the services will be uninterrupted, timely, secure, or error-free; or that defects will be corrected.
• The Company does not warrant, nor makes any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

6. Indemnity

• The Candidate agrees to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Candidate’s use of the Services in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of representations and warranties set forth above.

7. Confidentiality

• The Parties shall treat as strictly confidential any information pertaining to this Agreement, including the document itself as well as any individual data obtained while providing services as required under this Agreement (“Confidential Information”).
• Confidential Information shall include, but not be limited to, any business, technical and strategic data disclosed by the other Party at any time for any reason - comprising of all such information in oral or visual form.
• Neither Party shall disclose any Confidential Information to any employee, except where such disclosure is necessary in order to fulfill the obligations under this Agreement. Either Party may disclose Confidential Information to its certified accountants and attorneys, such persons to be instructed to adhere to the terms of this clause and as required by applicable law.
• Any Party receiving Confidential Information from the other Party in connection with this Agreement (“Beneficiary”) shall not be bound by the confidentiality obligations under this clause if the Beneficiary can prove that the Confidential Information:
  • was already known to him at the time it received said information without any obligation of confidentiality;
  • was already known to the public prior to the date the Beneficiary received said information;
  • has become known to the public after the date the Beneficiary received said information, except if the Beneficiary is the originator of the publication of said information;
  • has been received from a third party before such disclosure without any obligation of confidentiality thereon must be disclosed because of mandatory law or a binding and final order of a competent court or authority, in which case the Beneficiary will immediately inform the other Party about such mandatory disclosure and limit the disclosure to the extent legally required.

8. Governing Law and Jurisdiction

This Agreement and any dispute or matter arising therefrom is governed by the laws of India and the Parties agree to submit to the exclusive jurisdiction of the courts at Gurgaon, India.

9. SEVERABILITY

If any provision of this Agreement is held invalid, by any competent court of law having jurisdiction to adjudicate upon the matter, for any reasons whatsoever, the remainder clauses of this Agreement shall be valid and shall be enforceable between the Parties

1. Registration

• The Employer shall register on the Website, mobile applications, kiosk and/or any other platform made available by Ambition Hire and/or the Employer to use the Ambition Hire Software as a Service or access the Services as provided by Ambition Hire.
• The Employer hereby acknowledges and agrees that it has read all the Terms and agrees to be legally bound upon registration by such Terms as stated herein.
• In the event of any employee/nominee of the Employer registering on behalf of the Employer, the Employer hereby represents that such employee/nominee has the authority to so represent the Employer and accept the Terms as stated herein and that the Employer shall be bound by such acts of its employees/nominees.
• The Employer hereby agrees to:
  • provide accurate, truthful, and complete information when creating an account.
  • maintain and promptly update account information.
  • maintain the security of its account by not sharing password with others and restricting access to its account.
  • take responsibility for all activities that occur under the account and accept all risks of unauthorized access.
• The Employer shall upload/share all job-related content including text Job-Description, company details, videos, one-way video job description, profile etc., via Ambition Hire Website, mobile applications, kiosk and/or any other platform made available by Ambition Hire and/or deployed by Employer to access the Ambition Hire platform.

3. Amendment and Alternation to Terms

Ambition Hire reserves the right to make any alterations, amendments, changes or modifications to the existing Terms contained herein without prior notice to the Employer for enhancing the delivery of its Product/Service to all its Clients. The Employer can be rest assured that all such product modifications/version-updates will add to the overall Client experience.

6. Pricing, Payments and Billing

The Ambition Hire product Provided to the Employer as an Enterprise License as detailed AT THE TIME OF CLOSURE/ MENTIONED IN PRICING SECTION. In addition to the license cost, Ambition Hire also provides certain Ancillary services for which the pricing can be confirmed from Ambition Hire Team. The pricing will vary for product deployment across countries.

• Narration for Filtering & Scheduling :
  • For Filtering (Pre-screening) of job-seekers profiles and Scheduling of interviews for Employer the applicable fee will be charged based on a monthly license fee that includes a certain number of Profile Uploads with/without personality reports as the case may be. Further, for every upload beyond the threshold limit there will be an additional charge
  • The Ambition Hire Kiosks will be provided at the Employers office location or any designated location as identified by the Employer. The cartage of sending and picking up the kiosks from the Clients office location will be borne by the Client from the nearest Ambition Hire base location of Delhi NCR, Bangalore or Mumbai, on actuals plus 10%. Also, the Kiosks will be fitted with 4G sim card and the weekly/monthly rentals for the same will be charged to the Client on actuals plus 10%. The cost of signage on the Kiosk specific to the Client, with respect to the design shared by the Client, shall be charged over and above the rentals on actual cost basis. The cost of electricity to power the Kiosk including lights, fan and computer tablet will be borne by the Employer. Also, the physical security or any loss/theft of the Kiosk will be the responsibility of thee Employer.
• Narration for Personality reports :
  • If required, Ambition Hire will provide Personality Reports via video pitch inputs for Clients employees/ prospective employees / stakeholders etc.; at a fee based on transaction volume per personality report per person based on a video portfolio input by the person.
    The batch of personality reports translates into a mandate given in one lot for a specified period, not extending 30 (thirty) days’ post commencement of work. The responsibility of providing the video portfolio input will be on the Employer. The Personality Reports extracted from a video pitch are the most efficient and effective way to identify the key attributes of employees/prospective employees to arrive at various decisions including but not limited to: Appraisal, Learning & Development, making effective project teams, Career progression of employees etc.
• Narration for Project Adoption and ongoing support :
  • The Employer will receive a benefit of up-to 30 days (or lesser) of free adoption time from the Ambition Hire operations team that includes product training, setting governance matrices, escalation metrics and overall support for Employers recruitment team to activate and implement the usage of Ambition Hire product across the entire source mix.
  • Post the adoption period of 30 days (or lesser), as agreed with the Employer, Ambition Hire will charge an adoption fee to support various high phase recruitment requirements during the Employers recruitment process.
  • The Employer sourced job seekers can make call on a helpline number to get requisite telephonic/email/chat based help to upload profiles and remove any concerns/queries that may arise during the interview process. This will currently be available at NIL cost, but later will be charged basis a small fee applicable with respect to the call volume received by Ambition Hire on behalf of the Employer. The same will be agreed on an addendum to this Contract as and when the need arises.
• Ambition Hire will commence providing services only upon receipt of amount/charges upfront from the Employer.
• Any other combination of services/product requirements /customization requests will be undertaken as part of an addendum to this Contract.
• All out of pocket expenses Other than the reasonable norms of deliverance of services stated or otherwise in this Contract including but not limited to expenses such as travel and conveyance, hotel, secretarial support and expenses incurred in connection with the Employer will be in addition to our professional fees and will be charged based on actuals as incurred on such account.
• The invoices and payments will be payable by the Employer to Ambition Hire
  • Ambition Hire shall raise an invoice to the Employer at the time of Employer providing the mandate for rendering of any of the Services mentioned in the Contract.
  • The Employer is required to pay for the invoice to Ambition Hire, 100% as initial payment at the time of providing mandate for rendering the services or pay online whichever is appropriate and suitable. Without payment of the fees, Ambition Hire is not obligated to start providing any of its services to the Employer.
• Ambition Hire shall raise an invoice To the Employer at the time of Employer providing the mandate for rendering of any of the Services mentioned in the Contract. The Employer is required to pay for the invoice to Ambition Hire, 100% as initial payment at the time of providing mandate for rendering the services or pay online whichever is appropriate and suitable. Without payment of the fees, Ambition Hire is not obligated to start providing any of its services to the Employer.
• All invoices raised by Ambition Hire Shall attract Service Tax as applicable/levied by the Government of India from time to time on the billing amount. The Service Tax is payable by the Employer as part of the invoice to Ambition Hire and it will be billed exclusive of the fee for the Services as mentioned in this Contract.
• The Employer shall be entitled to deduct TDS As per the applicable provisions on the fees for Services invoiced by Ambition Hire and shall issue necessary TDS certificate for such tax deducted as per applicable laws.
• If the cheque issued by the Employer is returned or dishonored Or in case of a chargeback on an online transaction (including credit card payment), Services will be immediately deactivated. In cases of cheques dishonored, Ambition Hire shall be entitled to pursue legal action and avail legal remedies available under the law for the time being in force.

7. Term and Termination

The parties hereby agree that the term of the Contract shall be for a period of 7 years starting w.e.f the date of signing and/or execution of this Contract. In the event that the parties agree to renew the Contract, such renewals shall be on such terms and conditions as mutually agreed between both parties.
Unless terminated earlier as permitted below, the term of this Contract will be for the Subscription Period, and thereafter, this Contract will automatically renew for additional periods equivalent in length to the initial Subscription Period, unless either party gives notice of its desire to not renew prior to the end of the applicable Term. Either party may terminate this Contract, if the other party breaches the Terms of this Contract and does not remedy such failure within 180 days (except non-payment by the Employer, in which case Ambition Hire may terminate this Contract immediately) after receipt of such notice of breach. Further, if the Employer has not paid Ambition Hire for the use of the Services, Ambition Hire may terminate this Contract for non-payment by issuing notice to the employer without prejudice to its right to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against the Employer. Ambition Hire may recover its attorney’s fees (reasonable extent) and legal costs from the Employer for such actions.

8. Intellectual Property

Ambition Hire owns all right, title and interest in and to (a) the Services, (b) trademarks, logos, and any other product, service name, or slogan included in the Services, (c) the Feedback, (d) the Anonymous Usage Data, (e) all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) of the Services, and (f) any and all intellectual property rights embodied therein or related thereto (collectively, the “Ambition Hire Material”). The Employer is not granted any rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Ambition Hire.

9. Indemnity

The Employer agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Job Seeker’s use of the Services in violation of this Contract and/or arising from a breach of these Terms of Use and/or any breach of representations and warranties set forth above.

10. Desclaimer

• The Company hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement
• The Services are provided on an “as-is” and “as-available” basis. The Company makes no warranty and disclaims that the services will be uninterrupted, timely, secure, or error free; or that defects will be corrected on a routine basis.
• The Company does not warrant, nor makes any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.