Subscriber means the customer who is named in the Customer Service Agreement Form and has duly signed it.
Services mean access to the resume database and posting of jobs and/or any other product or service offered by the Company to the Subscriber.
Username mean username provided by the Company to the Subscriber.
Third Party mean, any person other the Subscriber who is not party to this arrangement/agreement.
Website/Network means the Company's portal website www.CV2Jobs.in for providing Services under this agreement.
Material Breach mean violation of any terms & condition of the agreement by the Subscriber.
Tariff Plan refers to the details as mentioned in the rate card for products, services and packages introduced by the Company from time to time for providing the Services as a whole or in part for fixed and/or variable charges.
After the agreement is entered into by the Subscriber, at the request of the Subscriber, any designated person from Subscriber shall undergo a training to use the Services provided by the Company in relation to the Services opted by the Subscriber.
Incase of the account being deactivated due to any technical only and not commercial reason whatsoever at the Company's end; it will credit the Extra hours of usage to the Subscriber's account. However, this option will not be applicable to deactivation of account for non payment or any reason beyond the scope of Company's technical team.
The Company would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the Subscriber due to the reasons beyond its control like corruption of data as a result of any causes or conditions that are beyond the Company's reasonable control including but not limited to acts of Government, acts of God, Govt. policies, tampering of data by third party like hackers, terrorism or by viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or Computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. In no event will the Company be liable for any such direct/indirect /consequential loss or damages, including loss of profit or loss of reputation/defamation, even if advised of the possibility thereof.
The Company reserves its right to reject any insertion or information/data provided by the Subscriber without assigning any reason whatsoever; either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid only for that particular vacancy, shall be refunded to the Subscriber on a pro-rata basis at the sole discretion of the Company except when such rejection is in due to inappropriateness of content , violation of any terms and conditions of this Agreement of usage by the Subscriber.
The Company has the right to make all necessary modifications/editing of the vacancy details in order to facilitate uploading.
These job postings may not be substituted with other job postings during this term without incurring additional charges. Any jobs posted by Subscriber on the website and in excess of the number of jobs provided for in this Agreement will be billed to the Subscriber and shall be payable by the Subscriber in accordance with the terms hereof, at the Company's then prevailing rate for such job postings on the Website.
The Company may, in its sole discretion, impose a interest equal to 18% per month on all overdue accounts.
Any re activation of a deleted or expired job posting and any refreshing of any job posting constitutes use of an additional job posting hereunder.
Website's resume database (each a "Resume Database") is a private database for use by Subscriber's only. A Subscriber is defined as one unique user with one unique password provided by the Company. If the Subscriber (including its employees or consultants) is found to share passwords with any third party, the Company may revoke all passwords forthwith and no refund will be given.
The Subscriber agrees to notify the Company promptly after the departure of any person to whom a password was provided and the Company shall on such intimation issue a new password to the Subscriber. The Company reserves the right to periodically change issued passwords with prior notice only to identified hierarchy head for security reason. However changed password shall be informed to the Subscriber immediately.
The charges paid by the Subscriber to the Company under this Agreement are non-refundable. The website (including without limitation all data therein), and all elements, which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of the Company. Neither the Subscriber nor any of its employees shall do anything, which would in any way damage, injure or impair the validity of the Company's rights in the contents of the website. Notwithstanding the above, any data placed on the website by the Subscriber herein, and all elements which are a part of the such data, and all intellectual and other proprietary rights therein, are and shall at all times remain the Subscriber's property.
Subscriber agree to indemnify the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from its breach of this Agreement or breach of representation and warranties as contemplated herein or from its provision of any material to the website, including but not limited to claims of breach of any third party rights including intellectual property rights or breach of any provision of any law for time being in force.
Notwithstanding anything to the contrary contained herein, except as may arise under the immediately preceding paragraph, neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind including lost revenues or profits, loss of business or loss of data arising out of this agreement (including without limitation as a result of any breach of any warranty, or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Moreover, the Company's maximum liability arising out of or relating to the transaction, which is the subject matter of this agreement, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid by the Subscriber to CV2Jobs.in hereunder minus any necessary service charges or taxation already incurred by the Company.
This Agreement (i) constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto; (ii) may be signed in counterparts, (iii) may not be amended, terminated or waived orally, (iv) may not be assigned, in whole or in part, directly or indirectly, or otherwise, by the Subscriber and only comes into existence when signed by its authorized signatory and (v) Company shall not be responsible for unauthorized access to data by third parties, or data lost whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes beyond its control. The Company will be entitled to assign all or any of its rights and obligations hereunder to any third party.
Any terms of this Agreement that may be invalid shall not affect the validity of enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of CV2Jobs.in
The Company shall address all billing statements/notices/correspondence under this Agreement to the address given in the page no. 1 of this Customer Service Agreement Form. The Subscriber shall inform the Company in writing of any changes in the address immediately and obtain an acknowledgement to such effect.
The Company reserves the right to recover/charge any amounts to the Subscriber on account of any taxes levied by the Central/State Govt. on the services as contemplated in this agreement from time to time and which are not included in the total payment consideration received by the Company.