Terms of use for clients

These terms define the rules for the use of the Hire 1 platform services by Clients (Partners) for the search and selection of candidates for vacancies and the rules for concluding the Recruitment Services Agreement.  
Definition of terms:The following terms are used in these terms of use for clients:"Client (Partner)"- a company or its legal representative who is the customer of the services."Recruitment Services Agreement" - an agreement between the customer of these services and Hire 1, under which the customer entrusts and the agency assumes the obligation to provide services related to the search and selection of personnel. "Confidentiality" - a mandatory requirement to prevent the dissemination of personal data without the consent of the personal data subject or other grounds provided for by the current legislation of Ukraine."Force majeure"- an unforeseen event that does not depend on the will of the parties to the contract, but leads to the impossibility of fulfilling contractual obligations.
To express a desire to use the services of Hire 1, the client must fill out a form at hire1.com.ua, after which Hire 1 managers will contact him to discuss the details of the order and conclude The Recruitment Services Agreement. The parties agree on the following:

1. SUBJECT OF THE AGREEMENT
1.1. In accordance with the Agreement, the PARTNER orders the performance of recruitment services from Hire 1 and undertakes to pay for the services provided (hereinafter referred to as the "Services") in a timely manner.1.2. This Agreement defines the general terms and conditions of business relations between the Parties regarding the provision of the Services.1.3. The services of Hire 1 of searching and selecting candidates for each specific position (hereinafter referred to as the "Order") shall be deemed to be completed after the PARTNER's CLIENT has decided to hire any candidate recommended by Hire 1 at its sole discretion and if the candidate has signed an employment contract with the PARTNER's CLIENT and started working for the first time.

2. OBLIGATIONS OF THE PARTIES
2.1. Obligations of Hire 1:1. Hire1 undertakes to present candidates for positions in accordance with the requirements of the PARTNER and to transfer them to the PARTNER. The candidate is considered to be presented if his/her CV has been sent to the PARTNER by e-mail or through the Hire 1 portal.2. Hire 1 undertakes to arrange interviews between the representative of the PARTNER and the candidates at the time and place appointed by the Parties;3. Hire 1 undertakes not to recruit the employees of the PARTNER placed by Hire 1 during the entire period of their employment with the PARTNER or the PARTNER's Client or any other employees of the PARTNER during the term of this Agreement;
2.2. Hire 1 undertakes to obtain the Candidate's consent to the introduction before providing the Candidate to the Partner.
2.3 Partner's obligations:1. The PARTNER undertakes to provide Hire 1 with a full description of the vacancies, as well as information on concluding an agreement with the candidate.2. The PARTNER undertakes to notify Hire 1 in a timely manner of changes in the job description;3. The PARTNER undertakes to inform Hire 1 of the reasons for rejecting the recommended candidates and the start date of the accepted candidates within two business days;
2.4. The PARTNER undertakes to pay for the Hire 1 Services in a timely manner in accordance with clause 3 of this Agreement.

3. COST OF SERVICES AND PAYMENT TERMS
3.1. Hire 1 is entitled to a success fee if the candidate is hired by the PARTNER within 1 month from the date of referral of the candidate found by the AGENCY.3.2. The fee for a candidate from Ukraine is 15% of the candidate's monthly salary specified in the offer.3.3 The fee for a candidate from the USA, Canada or Europe is 45% of the candidate's monthly salary specified in the offer.3.4. If the candidate resides in Ukraine and has a salary of less than $2000, the minimum fee for hiring this candidate will be $300.3.5. Payment for the candidate shall be made within 1 month according to the invoice issued to the PARTNER.3.6. The payment obligations of the PARTNER shall be deemed fully fulfilled from the moment the payment is credited to the bank account of the AGENCY.

4. AGREEMENT OPERATION

4.1 This Agreement shall enter into force on the date of its signing and shall remain in force indefinitely until terminated in accordance with clause 4.2 below.
4.2. Each Party shall have the right to terminate this Agreement at any time upon prior written notice to the other Party (not less than thirty (30) business days). However, this Agreement shall not be deemed terminated until the Parties have fulfilled their contractual obligations with respect to payments and warranties.

5. WARRANTY
5.1. The PARTNER guarantees to provide an adequate response to the candidates at the request of Hire 1 within two business days.
6. CONFIDENTIALITY
6.1. The Parties undertake to (I) use reasonable endeavours to maintain the confidentiality of information and materials, whether oral, written or in any other form, which the other Party may understand to be confidential and/or proprietary or to parties under a duty of confidentiality (collectively, "Confidential Information"); (II) take reasonable steps in this regard, including, without limitation, steps each takes to protect the confidentiality of its similar proprietary assets; (III) to the extent within its own possession and/or control, promptly return to the Supplier any Confidential Information not licensed or authorised for use or consumption upon termination or expiration of this Agreement; and (IV) with respect to any person to whom disclosure is contemplated, require that person to enter into an agreement providing for the treatment of Confidential Information as set forth in clauses (I) through (III). This does not require separate written agreements with employees and agents who already have written agreements in place that substantially comply with the requirements of this Section, as well as with legal advisors, certified public accountants or other professional advisors who are under a professional obligation to maintain the confidentiality of the PARTNERS' information.6.2. Notwithstanding the foregoing, a person's obligation to maintain the confidentiality of any information or material shall cease with respect to any information or material that: (I) has come into the public domain through no act or omission of such person; (II) has been publicly disclosed by its owner; (III) has been lawfully obtained without a duty of confidentiality by such person from a third party after reasonable inquiry as to the authority of that third party to have and disclose such information; (IV) has been independently developed by such person from sources or through persons who6.3. All Confidential Information provided under this Agreement shall remain the property of the disclosing Party, and any documents containing or reflecting the Confidential Information, and all copies thereof, shall be promptly returned to the disclosing Party upon its written request or destroyed at the option of the disclosing Party. Nothing in this Agreement shall be construed as conferring or transferring any right of licence or otherwise, in any way whatsoever, whether expressed or implied, with respect to any idea created, invented or acquired before or after the Effective Date, nor shall it be construed as conferring any rights to use or market any product or service. The obligations of the Parties under this Agreement shall continue and remain in force after the termination or cancellation of the Agreement and shall remain binding for two (2) years from the Effective Date.6.4. The PARTNER shall indicate in clause 26 of Annex A all restrictions on information disclosed to the candidate.6.5. Hire 1 guarantees that the information received by it during the execution of this Agreement will be used only for the provision of services under this Agreement and will not be disclosed to other Hire 1 PARTNERS.6.6. The PARTNER guarantees non-disclosure of information about the terms of cooperation with Hire 1, the cost of Hire 1 services, the terms of service and the way Hire 1 works to any third parties.6.7. The Parties agree that the placement of information about each other as partners is possible only with the written consent of the other Party, including via e-mail.

7. FORCE MAJEURE
7.1. In the event of force majeure, the term of the Agreement shall be automatically extended for the period of existence of such circumstances.7.2. If the force majeure circumstances persist for a period exceeding 2 weeks, each of the Parties shall have the right to withdraw from its obligations as provided for in this Agreement, and in this case neither Party shall have the right to claim compensation for losses and damages.7.3. Force majeure circumstances shall include fires, floods and other natural disasters, military actions of any nature that directly affect the fulfilment of the Parties' obligations.
8. INSURANCE PERIOD
8.1. If the candidate recommended by Hire 1 does not pass the trial period of 60 days, the Agency undertakes to search and select another candidate for the vacancy free of charge.
9. OTHER
9.1 The subject matter of this agreement is not final and may be changed if necessary.9.2. All amendments to this Agreement shall be valid if made in writing and signed by both Parties.9.3 These Terms shall be governed by the laws of Canada without reference to its conflict of law provisions. The Parties hereby agree that the courts of Canada shall have exclusive jurisdiction over any dispute arising out of this Agreement.