Terms of Service

Last updated: 22/12/2015

This master subscription agreement (the “Agreement”) is a legal agreement between you (the “Customer”) and Teknorix Systems Pvt. Ltd (“Teknorix”), regarding subscription and use of both, free and paid services of Jobsoid Applicant Tracking System (“Jobsoid”). Please read this agreement carefully.
By signing up for a Jobsoid account and completing your registration, you indicate your acceptance to this agreement and agree to abide by the terms and conditions set forth herein.

  1. Definitions
    1. Billing Cycle starts from the time Your first payment is made. Billing Cycle may be monthly, half yearly or annual depending on your selection.
    2. Paid Subscription Plans include all subscription plans except Free plan.
    3. Services means the services provided by Jobsoid to you. In case services have been customized then, services would mean the professional services provided by Jobsoid to you pursuant to a Statement of Work under this agreement.
    4. Subscription Period means
      1. For a Free Subscription Plan, till the date on which you opt to delete Your Jobsoid account.
      2. For a Paid Subscription Plan, till the date on which the Billing Cycle ends, on cancellation of your Paid Subscription Plan.
    5. Subscription Fees means the fees for a subscription to each plan of Jobsoid, which are set forth on its website.
    6. Your Candidates are the end users of Jobsoid who have applied for your job openings.
    7. Your Data means any personally identifiable data uploaded by you or Your Candidates to Jobsoid in the normal course of using the Jobsoid Platform. Your Data includes, without limitation, any financial information of any nature or any other personally identifiable information that could be legally considered private or sensitive.
  2. Provision of the Services by Jobsoid
    1. The Services are provided “as is.” Jobsoid makes no warranty with respect to the quality or availability of the Services. Jobsoid may change the form and nature of the Services from time to time at its sole discretion and without prior notice to you.
    2. You may stop using the Services at any time without notice. Jobsoid may terminate the Services at any time and at its sole discretion upon one-month notice to you, during which time you may request and obtain a copy of any data currently stored by you in Jobsoid over the course of use of the Services provided by Jobsoid.
  3. Usage Guidelines
    1. You are the owner of Your Data. You retain all right, title and interest in and to all Your Data. Jobsoid shall not access Your Data except to in order to respond to service or technical problems, or at your request.
    2. You are responsible for all activities that occur in your Jobsoid account and for compliance with these Terms and Conditions. You shall comply with all laws whether local, national or foreign law, treaty, regulation or convention applicable to you in connection with the use of Jobsoid, related to privacy, publicity, data protection, electronic communications and anti-spamming laws. You are responsible for the collection, legality, protection and use of Your Data that is stored on the system or used in connection with the Jobsoid. Jobsoid will not be responsible for any loss or disclosure of Your Data (or any damages related thereto) resulting from You or Your Candidates’ failure to adequately secure their user identification and passwords.
    3. You and Your Candidates shall use the Jobsoid Platform for Your recruitment processes as contemplated by these Terms and Conditions and shall not:
      1. Tamper with the security of the System or tamper with other customer accounts of Jobsoid, or
      2. Access data on the System not intended for You, or
      3. Log into a server or account on the System that You are not authorized to access,
      4. Attempt to probe, scan or test the vulnerability of any System or to breach the security or authentication measures without proper authorization;
      5. Render any part of the System unusable;
      6. Lease, distribute, license, sell or otherwise commercially exploit the Jobsoid Platform or make the Jobsoid Platform available to a third party other than as contemplated in these Terms and Conditions;
      7. Use the Jobsoid Platform for timesharing or service bureau purposes or otherwise for the benefit of a third party; or
      8. Provide to third parties any evaluation or Free Trial version of the Jobsoid Platform without Jobsoid’s prior written consent.
    4. You shall be responsible for the content of all communications sent through the Jobsoid Platform, and shall comply with all applicable laws and regulations in Your use of the Jobsoid Platform. You agree that You will not use the Jobsoid Platform to communicate any message or material that:
      1. is libelous, harmful to minors, obscene or constitutes pornography;
      2. infringes the intellectual property rights of a third party or is otherwise unlawful; or (iii) would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense under any applicable law or regulation. You further agree that You shall not use the Jobsoid Platform for the purpose of making emergency calls or providing emergency services.
    5. In the event You or Your Candidates materially breach foregoing terms, Jobsoid will endeavor to provide You with the opportunity to remove or disable access to the offending material or content, provided, however, that Jobsoid reserves the right to immediately remove, in its sole discretion, any content which is unlawful or offensive without prior notice to You. In addition to any other rights and remedies under the Agreement and in law, Jobsoid reserves the right to immediately suspend access to the Jobsoid Platform if such breach, in Jobsoid’s opinion, is an imminent threat to the System, other customer accounts, or constitutes abusive or threatening behavior.
  4. Fair Usage Policy
    1. Jobsoid provides a recruitment software (the “Software”) which may only be used for the purposes of recruiting individuals for real jobs in real organizations. The Customer may not use the Services to advertise fake jobs; collect resumes and applicant data for any purpose other than hiring for real job openings; promote products and services, self-employment, work-from-home opportunities, or commissions-only positions; nor for any other use inconsistent with any applicable law, regulation or generally accepted recruiting practices or guidelines. The Customer understands that access to the Customer’s account may be restricted should the Customer be found to be in violation of any of these Terms and Conditions.
    2. Jobsoid does not currently place a limit on data storage or usage, but may do so in the future at its sole discretion. The Customer should not seek to store more data on Jobsoid than is reasonably required for normal recruiting efforts.
    3. Customer agrees not to attempt to access any of the Services by any means other than through the interface that is provided by Jobsoid nor to engage in any activity that interferes with or disrupts the Services or infringes on Jobsoid and/or its 3rd party vendors’ brand or intellectual property.
  5. Add-on Services
    1. Jobsoid is pre-integrated with a number of third party add-on services. These add-on services are provided by third party vendors. When the Customer purchases such services through the Jobsoid platform, the terms and conditions of those vendors apply to the Customer. The Customer is urged to review such terms and conditions before purchasing or otherwise accessing any such add-on services. Jobsoid cannot and does not take any responsibility for, nor makes any warrant on behalf of, such add-on services.
  6. Data Privacy
    1. Jobsoid’s treatment of Customer’s data is governed by the Privacy Policy, which is incorporated by reference into these Terms and Conditions.
  7. Fees and Payment
    1. a. For a Paid Subscription Plan, all payments for a duration less than a year can be made only by Credit Card. A valid credit card that You have the right to use is required for any Paid Subscription, unless another form of payment was agreed upon in writing between the parties. Your subscription is set at auto-renew at the end of Your Billing Cycle. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by You.
    2. Jobsoid may modify the Subscription Fees by giving a notice of thirty (30) days’ notice. In the event You upgrade your Paid Subscription Plan, the Subscription Fees applicable to Your new version of the Jobsoid will take effect immediately and be prorated for the rest of the month if paying monthly, and if prepaid for annual, the proration will happen until end of term of the Billing Cycle. Unless otherwise agreed by the parties, Paid Subscriptions will be billed in advance on a monthly, six monthly or annual basis, starting on the first payment.
    3. Any overdue payment shall accrue an interest at the maximum rate permitted by law on the outstanding balance per month from the date on which such payment becomes due until the date paid. In case Your payment is overdue for 30 days or more, Jobsoid reserves the right to suspend your access to the account and/or downgrade Your plan to a free subscription plan until the payment is made.
    4. You are responsible for payment of all taxes or duties payable with respect to purchases made under these Terms and Conditions. In case Jobsoid pays any taxes or duties on your behalf, You agree to reimburse Jobsoid for such payment.
    5. In case Jobsoid requires to incur any additional costs or expenses in providing You any services or support in accordance with these Terms and Conditions, Jobsoid agrees to obtain your written approval.
  8. Terms of Usage and Opting Out
    1. These Terms and Conditions commence on your acceptance and shall continue until the expiration of Subscription Period.
      b. Jobsoid subscription is auto renewed in order to provide uninterrupted services. Your Jobsoid subscription will be billed automatically if You don’t cancel the auto-renew feature from Your account. In case You wish to cancel your Paid Subscription Plan, You must contact Jobsoid support team at support@jobsoid.com at least seven days prior to the renewal date. You will have access to Your Jobsoid account under the Paid Subscription until the end of your Billing Cycle. After which, You will be downgraded to the free subscription plan. Jobsoid does not offer pro-rated refunds for unused remaining time for a Paid Subscription Plan.
    2. On expiry of the Subscription Period (in case of Paid Subscription Plans), or, You will be downgraded to the free subscription plan.
    3. In case of non-payment of the subscription fee at the end of the Billing Cycle, You will be downgraded to the free subscription plan.
    4. In case you wish to delete your Jobsoid account, You must contact support@jobsoid.com. Please note that once You delete Your Jobsoid account, it cannot be revived and all Your Data will be permanently deleted from Jobsoid’s servers.
    5. These Terms and Conditions and/or any applicable SOW may be terminated by either party for cause:
      1. upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period;
      2. if either party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors; o
      3. immediately in the event of a material breach of these Terms and Conditions.
    6. The provisions regarding Confidentiality and Intellectual Property shall survive any termination or expiration of these Terms and Conditions.
  9. Content Confidentiality
    1. All “Confidential Information” i.e. all confidential information disclosed by you to Jobsoid that is designated in writing as confidential as well as all Your Data, shall not be used or disclosed for any purpose outside the scope of this agreement, except with your prior written permission. Confidential Information shall not include information which:
      1. is known publicly;
      2. is generally known in the industry before disclosure;
      3. has become known publicly, without fault of the Jobsoid, subsequent to disclosure by you; or
      4. has been otherwise lawfully known or received by Jobsoid.
    2. Jobsoid agrees to keep confidential all information entrusted to it by you and to protect it at all times by exercising a reasonable degree of care.
    3. If in case Jobsoid is required by law to disclose Confidential Information, it shall provide you with prior notice of such requirement.
  10. Intellectual Property
    1. All intellectual property relating to Jobsoid Platform belongs to Teknorix. All intellectual property rights relating to the provision of support are owned or licensed by Jobsoid. Nothing in these Terms and Conditions gives You any right, title or interest to the Jobsoid Platform or related support, except to use the Jobsoid Platform as per your subscription.
    2. You shall not do any of the following:
      1. Modify, translate, or create derivative works based on the Jobsoid Platform;
      2. Create any link to Jobsoid or frame or mirror any content contained or accessible from the Jobsoid Platform,
      3. Reverse engineer, de- compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Jobsoid Platform;
      4. Access the Jobsoid Platform in order to either build a competitive product or service, or copy any ideas, features, functions or graphics of the Jobsoid Platform.
    3. Customer may ask and Jobsoid may provide professional services (“Professional Services”) to assist with the implementation, training and integration of the Services. Ownership of all work product created as part of the Professional Services will be considered as intellectual property of Jobsoid.
  11. Warranties and Disclaimers
    1. Jobsoid or its licensors or hosting providers have implemented commercially reasonable efforts to ensure that Your Data will be maintained accurately and safeguarded as well as technical and physical controls to protect Your Data against destruction, loss, alteration, unauthorized disclosure to third parties or unauthorized access by employees or contractors employed by Jobsoid, whether by accident or otherwise.
    2. Jobsoid warrants that it will perform the Services related to each Deliverable in a competent and workmanlike manner and in accordance with applicable industry standards for similar types of services.
    3. Jobsoid shall, as Your sole and exclusive remedy and Jobsoid’s sole and exclusive liability for a breach of the warranties set forth in Section 8 hereunder, (i) use commercially reasonable efforts at its own expense to cause the Jobsoid Platform to comply with the warranties in Section 11(b) and 11(c), and reperform any portion of the Services that are not provided in compliance with the warranty in Section 11(d), provided in each case that such noncompliance is promptly brought to Jobsoid’s attention in writing in reasonable detail. No warranty claim may be made more than thirty (30) days after performance or acceptance, as applicable.
      1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE JOBSOID PLATFORM AND SERVICES ARE PROVIDED “AS-IS,” AND JOBSOID DISCLAIMS WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW. Jobsoid does not warrant that the Services or the functions contained in the Jobsoid Platform will meet Your requirements or that the operation of the Jobsoid Platform will be uninterrupted or error- free. Further, Jobsoid does not warrant that all errors in the Jobsoid Platform can or will be corrected. Jobsoid will not be responsible for any loss of Your Data or inability to perform certain tasks resulting from Your decision to downgrade your Subscription.
  12. Limitation of Liability
    1. NEITHER YOU NOR JOBSOID, NOR OUR RESPECTIVE SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF (I) FOR CLAIMS BASED ON SERVICES PROVIDED UNDER AN SOW, THE TOTAL SERVICES FEES PAID OR PAYABLE BY YOU UNDER SUCH SOW IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE; AND (II) FOR CLAIMS BASED ON THE JOBSOID PLATFORM OR THIS AGREEMENT GENERALLY, THE TOTAL SUBSCRIPTION FEES PAID BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
    2. YOU AND JOBSOID AGREE THAT THE CONSIDERATION PAID UNDER THIS AGREEMENT DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS OR REVENUE.
    3. The limitations of liability under Sections 12(a) and 12(b) shall not apply to any indemnification provided by You or Jobsoid hereunder.
    4. Because some jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation set forth in this section may not apply to You.
    5. No action against either party arising out of this Agreement may be brought by the other party more than one (1) year after the cause of action has arisen.
  13. General Terms
    1. These Terms and Conditions constitute the entire agreement between the Customer and Jobsoid and govern the Customer’s use of the Services. Jobsoid may make changes to the Terms and Conditions from time to time. The Customer’s use of the Services after the date of the changes constitutes acceptance of the updated Terms and Conditions.
    2. The Terms and Conditions, and the Customer’s relationship with Jobsoid under the Terms and Conditions, shall be governed by the laws of India. The Customer and Jobsoid agree to submit to the exclusive jurisdiction of the courts of the State of Goa to resolve any legal matter arising from the Terms and Conditions.
    3. Neither party will be required to comply with any obligation under this Agreement if such compliance is impeded by any event of force majeure as hereinafter defined. Events of force majeure shall mean an event which is beyond the control of the affected party and which such party could not anticipate or mitigate by means of insurance, contingency planning or any other prudent means. Notwithstanding the foregoing, if either party is affected by an event of force majeure it shall take all reasonable steps to minimise the impact of the force majeure event on the other party and to reduce the period of the impact of the force majeure event to the minimum.