Terms of Use and Recruiting Agreement

Effective Date: 17/03/2022

Updated: 17/10/2022

1. OVERVIEW

  1. By using the Services, You agree that You have read, understood, accepted and agree to the terms. These Terms of Use and Recruitopia 's Policy constitute a legally binding agreement ("Agreement") between You and Recruitopia. The Agreement applies to Your use of the Service (as defined below) provided by Recruitopia. If You do not agree to the Terms of Use, please do not use or continue using the Application or the Service. You also agree to the commitments made by You below and are fully responsible to any party for violating Your obligations under this Agreement.

  2. Recruitopia reserves the right to amend, change or modify the Terms and Conditions of this Agreement or Recruitopia 's Recruiting Policies related to the Service at any time deemed suitable by Recruitopia. Whenever Recruitopia changes these Terms, the changes will take effect immediately after Recruitey posts the revised Terms (specified by amending the date at the beginning of these Terms) or when You accept if we ask You to confirm by email the revised Terms (such as the confirmation or agreement button). You are responsible for regularly checking the Terms of Use and continued use of the Service after any changes, whether You have reviewed them or not, which will mean You have accepted and been legally binding on changes under this Agreement.

  3. Recruitopia Sdn Bhd (Company Registration Number 202101011358) ("Recruitopia ") provides information and methods for You to introduce Candidates for the Client, but neither nor intended to provide recruiting Services in any form as an operator of recruiting individuals or organisations.

  4. Recruitopia is a technology company that neither provides nor participates in recruitment services, and Recruitopia is not a recruiting service provider. The Recruitopia platform enables you (as a recruiter) to introduce and connect candidates with the Client. The role of Recruitopia is to connect the Client with You. Recruitopia will not be responsible for any of your actions and/ or omissions; the liabilities related to the service must be borne by You for your acts. You are not the recruiter's agent, employee or worker and the information provided by You is not considered to be provided by Recruitopia.

2. DEFINITIONS

  1. “Recruitopia ” means Recruitopia Sdn. Bhd., employees of Recruitopia and Recruitopia 's recruitment platform.

  2. “You” and “Referrer” mean any individual or organisation registering to use Recruitopia 's recruitment platform.

  3. “Client” means the Company has a need to recruit candidates through the use of Recruitopia 's recruitment platform.

  4. “Services” mean the services provided on Recruitopia 's recruiting platform.

  5. “Placement Fee” is the fee that Recruitopia receives from the Client.

  6. “Force Majeure Event” means a Force Majeure event in accordance with substantive law.

  7. “Candidate” means the person referred to Client by You through Recruitopia 's recruitment platform.

3. QUALIFIED REFERRAL

  1. A "Qualified Referral" is the referral of a candidate by You that meets the following conditions:

    1. You have spoken to the candidate about the specific Job Post and confirmed that the candidate is interested in speaking with a Recruitopia representative about the position.

    2. You have provided accurate contact information (both phone and e-mail) for the candidate to Recruitopia.

    3. You have provided a complete and current resume for the candidate to Recruitopia.

    4. You have provided a brief explanation of why the candidate being referred is a good fit.

    5. You have provided a specific and objective introduction about Candidates, stating at least 3 reasons why the Candidate is suitable for the position.

      1. Make sure the Candidate confirms the introduction within 48 hours of the introduction.

      2. Proactively support if the Client has questions about the Candidate's experience and skills. Proactively support if the Candidate has a position vacancy.

      3. Update and promptly notify Recruitopia of changes from Update and promptly notify the Candidate of changes in vacancies.

    6. The candidate is not a Duplicate Referral (see below).

  2. The Recruitopia Account Executive for the applicable Job Post has determined that the candidate qualifies as a referral.

  3. If a Client hires a Qualified Referral submitted by You for a Job Post within 30 days from the Referral Date, Recruitopia will pay You the referral reward listed in the applicable Job Post, payable after payment is received from the Client (refer to Section 5). If a Qualified Referral is still in process with a Client upon the expiration of the 30 days, You will maintain ownership of that Qualified Referral until either hired or rejected.

  4. You have the exclusive right to rewards resulting from the hire of a candidate included in a Qualified Referral made by You for 30 days from the Referral Date, whether or not the candidate is hired for the original Job Post concerning which the Qualified Referral was submitted or another Job Post. Any submission of the name of such candidate by another Referrer within those 90 days will constitute a "Duplicate Referral."

  5. If You submit a possible Duplicate Referral, Recruitopia will present a notification that there is a possible duplication. Recruitopia Account Executive will review the referral. A referral determined to be a Duplicate Referral will be rejected, and Recruitopia will notify You.

  6. You shall not disclose any Client name or the salary applicable to any Job Post in any public manner, including but not limited to public forums such as job posting sites, social media sites, personal websites, blogs, or advertisements available to the public. In addition, You shall not hold yourselves out as an employee of either the Client or Recruitopia when sharing Recruitopia Job Posts with candidates or otherwise.

4. CONDITIONS FOR RECEIVING REWARDS

  1. Each Contract between Recruitopia and a Client includes an employment guarantee for a specified period (the "Guarantee Period"). When You introduce successful candidates (that means candidates who accept to work for Client), Recruitopia will pay any applicable reward due to You in 3 periods:

    1. 25% of the referral reward will be paid after the Candidate has completed the first 15 days.

    2. 25% of the referral reward will be paid after the Candidate has completed the first 30 days.

    3. 50% of the referral reward after the Candidate has completed the Guarantee Period.

  2. Recruitopia will pay the applicable reward and any other fees due to You by direct deposit. You agree that we have permission to retain and share your submitted account information with financial institutions and payment processing firms (including any institutions or firms we include in the future) to process your payment.

  3. There is no limit to the number of positions to which You can refer your Candidates.

  4. To maintain the quality standards of Recruitopia, Recruitopiahas the right to view profiles and reject unqualified referrals. When rejecting, Recruitopiawill inform the reason; You can edit and update the information to continue referring candidates.

  5. You agree and acknowledge that, in any case, if Client has not paid the Placement Fee for Recruitopia, Recruitopia will not pay referral rewards to You. This situation often happens to enterprises or employers recruiting through Recruitopiafor the first time, and payment is delayed due to paperwork.

5. PAYMENT TERM

  1. Payment value: According to the reward ratio based on the conditions for receiving rewards specified in Section 3. For each condition, the percentage of rewards You receive will be different.

  2. For members who self-nominate for the hiring position, with each reward You earn, Recruitopia will take a Platform Usage Fee of up to 50% of the referral reward specified for each successful candidate referral. This fee will be decided entirely by Recruitopia from time to time.

  3. Payment term: Recruitopia will aggregate your income statement and pay on the 20th of every month. The payment amount will be the sum of your successful transactions from the reporting date to the previous "summary date".

  4. Payment methods: Transfer to the Account information provided by You. You are responsible for the Bank Payment Fee (if any).

6. POLICY OF PROTECTION PERSONAL DATA

  1. For the purposes of this Agreement, "Personal Data " means information about You from which you are identifiable, including, but not limited to, your name, phone number, credit or debit card details, gender, email address, any information about You which You have provided to Recruitopia in the registration forms, applications or any similar forms and/or any information about You that has been or may be collected, stored, used and processed by Recruitopia from time to time.

  2. The provision of Your Personal Data is completely voluntary. However, if You do not provide Recruitopia with Your Personal Data, your request to use the Services may be incomplete, and Recruitopia will not be able to process Your Personal Data for the Purposes outlined below and may cause Recruitopia to be unable to allow You to use the Service.

  3. Recruitopia may use and process Your Personal Data for business and activities of Recruitopia which shall include, without limitation, the following (the “Purposes" ):

    1. To perform Recruitopia's obligations in respect of any Agreement entered with You;

    2. To provide You with any services according to the Terms of Use herein;

    3. To process, manage or verify your application for the Service according to the Terms of Use herein;

    4. To validate and/or process payments according to the Terms of Use herein;

    5. To process any refunds, rebates and or charges according to the Terms of Use herein;

    6. To facilitate or enable any checks as may be required according to the Terms of Use herein;

    7. To respond to questions, comments and feedback from You;

    8. To exchange to You about any of the purposes listed herein;

    9. For internal administrative purposes, such as auditing, data analysis, and database records;

    10. For Recruitopia to comply with its obligations, any applicable laws, and regulations;

    11. To send You notifications, newsletters, updates, emails, promotional materials, special privileges, and festive greetings from Recruitopia, its partners, advertisers and or sponsors;

    12. To notify and invite You to events or activities organized by Recruitopia, its partners, advertisers, and/or sponsors;
      If You do not agree to Recruitopia using Your Personal Information for any of the above Purposes, please notify Recruitopia of that via email hello@recruitopia.com

  4. If any of the Personal Data that You have provided to Recruitopia, for example, if You change your e-mail address, telephone number, or payment details, or if You wish to cancel your account or withdraw your permission to receive communications, please update your information on the system. Any changes to personal data without updating the system will lead to problems arising during the use of the Service, including but not limited to the payment of bonuses to You; Recruitopia will not be responsible.

 

7. GUARANTEE, WARRANT, AND COMMITMENT.

By using Recruitopia Services, You expressly guarantee, warrant and commit that:

  1. You guarantee, warrant and commit that You have full rights and authority to enter this Agreement. Accepting these Terms of Use and fulfilling your obligations under the Agreement will not breach any other agreements you enter into.

  2. You own the content which You post to or through the Services or in other words, You are granted the rights and licenses set forth in these Terms of Use; (ii) posting and using the Content on or through the Service does not infringe, illegally possession or infringe on the rights of any third party, including but not limited to privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights.

  3. You guarantee that you will not approach Recruitopia's Enterprise Clients to introduce or recommend any similar service to the service that Recruitopia offers to businesses.

  4. Recruitopia has the right to remove any Content from the Service for any reason which, in its sole discretion, violates these Terms, violates laws, rules or regulations, is abusive, disrupts, offends or illegal, or violates the rights, or harm or threaten the safety of Users of any Recruitopia.com website. Recruitopia has the right to deport users and prevent subsequent access to the Recruitopia.com website and/or use the Recruitopia Services when violating these Terms or violating laws, rules or regulations.

  5. Recruitopia is permitted to take any action related to your Content when it is deemed necessary or appropriate if Recruitopia believes that your Content may create liability for Recruitopia, causing damage to Recruitopia's brand.

  6. All information You provide shall be true and accurate, and You will only use the Services for lawful purposes.

  7. You will not take any behaviour with the purpose of trying to interrupt or harm the Service in any way whatsoever;

  8. You shall not authorize others to use your identity or your account, and you may not assign or transfer your User account to any other person or organization.

  9. You will provide accurate, current and complete information as required of Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that Recruitopia may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Recruitopia has the right but not the obligation to terminate this Agreement and your use of the Services at any time with notice sent via platform or signed email;

  10. When using the Services, You agree to comply with all terms applicable to You in the process of using the Services.

  11. You agree to accept full responsibility and liability for all loss or damage caused by Your breach of this Agreement but not the fault of Recruitopia and when Recruitopia is a bona fide third party who does not know that or compel to know that, prior to using the Services, You were bound by any agreement with any third party.

  12. Completely comply with Recruitopia's policy during the use of the Service.

  13. Be subject to sanctions upon breach of the Agreement in accordance with this Agreement.

8. INTELLECTUAL PROPERTY RIGHTS

  1. Only Recruitopia has the right to own all rights, ownership rights, and interest, including all intellectual property rights related to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide party relating to the Service. These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Company's name, logo, Service, Software and/or the Application, which is Recruitopia's brand and have no rights or licenses are granted to use them.

  2. You must keep confidential all information and data related to Recruitopia, services, products, businesses, marketing, promotion plans, or other Recruitopia activities disclosed to You, either gathered indirectly or directly by you, from Recruitopia or any other affiliated companies or created during this Agreement signing process. You further warrant that You will only use such confidential information to use the Services and may not disclose that information to any third party or for any other purpose without the written consent of Recruitopia.

  3. 8.3. You are not allowed to post the display of the Client's logo and name on media without the permission of Recruitopia.

  4. The above confidentiality obligations do not apply in the case that you indicate that relevant information falls into one of the following categories:

    1. The information was owned by You at the time of receiving the information;

    2. Is, or becomes in the future, universal information that is not your fault or mistake;

    3. Has been received by a third party with the right to disclose them; or

    4. Must disclose in accordance with the law.

9. ROLE OF RECRUITOPIA

  1. Recruitopia is a third-party processor, and under the Income Tax Act 1967, Recruitopia may report any payments sent to you to the LHDN (Inland Revenue Board).

  2. Except as provided above, Recruitopia will have no responsibility for determining the necessity of or for issuing any tax forms or for determining, remitting, or withholding any taxes applicable to payments made by Recruitopia to You, and You will be solely responsible for determining whether You is required by the applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to payments made by Recruitopia to You, and filing any such tax forms and remitting any such taxes or charges to the appropriate authorities. Recruitopia will have the right, but not the obligation, to audit and monitor Youʼs compliance with applicable tax laws as required by this section. Further, in the event of an audit of Recruitopia, You agree to promptly cooperate with Recruitopia and provide copies of Youʼs tax returns and other documents as may be reasonably requested for purposes of such audit.

  3. Recruitopia will not participate in the selection process, nor will not be biased against any recruiter or Client. Recruitopia will also not participate in the platform to compete with You.

  4. Recruitopia is only the provider of the platform for You and the Client to connect; for each case that the Client successfully recruits Candidates through the platform, Recruitopia will collect the Placement Fee in accordance with this Agreement and other related Agreements.

10. ROLE OF REFERRER

  1. You are an independent contractor of Recruitopia. This Agreement Policy does not create an employment, partnership, or agency relationship between Recruitopia and You. You do not have the authority to enter into written or oral — whether implied or express — contracts on behalf of Recruitopia or Client. You acknowledge that Recruitopia does not, in any way, supervise, direct, or control Your work in any manner. Recruitopia does not set Your work hours and location of work. Recruitopia does not provide You with the training or equipment needed for any of this Agreement or other activity using the Recruitopia Platform. Recruitopia will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. You will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, concerning any payment made by Recruitopia to You.

  2. You, as an independent contractor, are free at all times to provide services to persons or businesses other than Recruitopia, including any competitor of Recruitopia.

  3. You will (i) create and maintain records to document the satisfaction of its obligations under this Recruiting Policy, including its payment obligations and compliance with tax laws, and (ii) provide copies of such records to Recruitopia upon request. Recruitopia, or Recruitopia ʼs advisors or Yours, will have the right, but not the obligation, to routinely, but no more frequently than annually, audit Youʼs operations and records to confirm compliance. Nothing in this provision should be construed as providing Recruitopia with the right or obligation to supervise or monitor any services performed by You.

11. DISPUTE SETTLEMENT MECHANISM

  1. All disputes and complaints related to the transactions on the Platform between Client and You will be settled personally by the two parties.

  2. All disputes arising between You and Recruitopia will be settled on the basis of negotiation. In case no agreement is reached as expected, either party has the right to bring the case to the competent Court for settlement.

  3. Profile Candidates submitted by You through Recruitopia will be notified to the Candidate and need their permission before being transferred to the company. If Recruitopia receives notice from the Candidate that they have never allowed You to represent them, Recruitopia will have the right to stop all Your activities on the system to ensure privacy for all individuals.

12. LIMITATION OF LIABILITY

  1. You agree and confirm that, by agreeing to the Terms of Use under this Agreement, You waive Recruitopia from any obligations, including but not limited to (responsibility for reimbursing the fees that Recruitopia has received from the Candidate information you post on the Platform, compensation for damages to any parties.) for Your breach of the Terms of this Agreement. As such, for any request from any third party for Your violation, You will be the main responsible; Recruitopia is not responsible for any of Your violations.

  2. Recruitopia does not and will not approach or supervise the suitability, legality, ability, or performance of any party with You and You expressly waive and release Recruitopia from all legal liabilities, claims or damages arising from or by other ways relating to third parties and You.

  3. Recruitopia will not be a party to the dispute or negotiate disputes between You and any other third parties. You are solely responsible for your behaviours in connection with the Service. You expressly waive and release Recruitopia from all legal liability, claims, legal proceedings or damages arising from the use of the Service in connection with any relationship between You and any third party.

13. COMPLIANCE AND HANDLING OF BREACH

  1. In case You breach any of the terms of this Agreement due to Force Majeure Event and Recruitopia 's fault, Recruitopia reserves the right to take the following actions:

    1. Deleting Your Account on Recruitopia Platform

    2. Remove any candidate information you have referred to on the Recruitopia platform

    3. Requesting You reimburse all fees you received from Recruitopia through your breach.

    4. Request You a fine equivalent to three (three) times the amount specified in Section 7.1c.

14. TERMINATION CLAUSE

Without prejudice to any provision of this Agreement, the Agreement will terminate when Your relationship with Recruitopia as a merchant on Recruitopia's system is terminated. This termination does not release either party from the liabilities incurred by that party at the time of termination or arising before the termination and does not prevent either party from pursuing any rights and remedies under law or fair law for violations of this Agreement.

15. SEPARATELY

If any provision of this Agreement is deemed invalid or unenforceable, it will not affect any remaining provisions of the Agreement.

16. ENTIRELY

This Agreement includes the entire agreement between You and Recruitopia and supersedes any previous negotiations or discussions, or agreements.