Terms & Conditions

Annual Maintenance Manpower Supply Contract

AGREEMENT

AMC for Manpower Supply (the "Agreement") is effective ###Date###,

BETWEEN

[Restro Consultants Private Limited], a company organized and existing under the laws of the [State/Province] of [Karnataka], with its head office located at M26, Billion Dreams Av., 2nd Floor, 1st Stage, KHB, Nrupathunga Road, Kuvempunagar, Mysore, Karnataka, India 570023 (Here in after called as 1st party)

AND

###companyname###, ###address###, ###city###, ###state### – ###pincode###.(from now on, called as 2nd party)

The 2nd party accepts that the 1st party agreed to provide the Manpower supply to the 2nd party on an interim arrangement of XXXX pack on ________.., which has to be started on ________________.., and the 1st party will cooperate in implanting the process.

The 1st Party provides the services under its brand name, Restro Jobs, a registered trademark of the 1st Party.

The client has engaged the consultant to provide specific search services to the organization during the stipulated contract period to source the communicated workforce needs for the client Organization within this duration.

INTERPRETATION

1.1 In these terms and conditions:

‘Employer’ means the party (which term shall include a person, a sole proprietorship, a partnership, or a corporation, and in the context of a corporation, shall include any subsidiaries of such corporation within its group and any authorized person or persons within such corporation) who accepts these Terms and Conditions for the provision of services by RCPL;

‘Services’ means the services provided by RCPL to the Employer under this Agreement, which shall include the recruitment of personnel and any other related recruitment consultation services as more particularly set out in Clause 3 of this Agreement.

‘Candidate’ means a person known or introduced by RCPL to the Employer in RCPL’s provision of the Services.

‘Conditions’ means the standard terms and conditions set out in this Agreement and (unless the context otherwise requires) includes any special terms and conditions as shall be agreed in writing between the Employer and RCPL and

‘Writing’ shall include email, facsimile, and other comparable means of communication.

BUSINESS TERMS & CONDITIONS

Requirements From The Employer

For proper handling of the requirements, the employer should facilitate the Agency with appropriate needs as:

Sharing the exact requirement criteria with the Agency to search for suitable candidates.

Arrange an executive to work with the Agency to provide all the necessary information.

Facilitate the Agency with induction about the company’s job requirements to understand the condition better and provide the best service.

Assist the Agency’s performance by sharing detailed feedback about the recent recruitment of recruitments every weekend.

Releasing staff requirements regularly, like quarterly or monthly, would improve recruitment performance, as the Agency would have enough time to attract the right candidate.

Find and inform the Agency of any issues related to duplication of profiles or mismatch of shapes to the job role.

Profiles that the company does not select are to be returned

All communication about any aspect should be in writing; otherwise, it is not considered for furtherfurther action.

Everything will be maintained in the online portal between the employer and RCPL. The employer and RCPL should follow portal terms.

RCPL is only responsible for offering the employer a workforce according to their service needs; it is not responsible for the characteristics and behaviour of the candidates.

We only supply the workforce; the 2nd party is solely responsible for staff background verification.
Professional fees

If RCPL places a candidate for employment, the consultancy fee will be as described below:

1- 10 Employee: Rs.1,00,000/- Per Year AMC

11-20 Employee: Rs.1,50,000/- Per Year AMC

21- 30 Employee: Rs.2,00,000/- Per Year AMC

The Consultancy fee of 50% of the Total No. of Requirements will be payable to RCPL within 48 hours. Then, when a candidate starts to come, the remaining 50% service charge should be cleared for completing all Vacancies.

AGREEMENTS

At the request of the Employer and subject to the terms and conditions herein contained, RCPL agrees to provide workforce recruitment services as more particularly described in Clause 3 by supplying to the Employer Candidates to meet the Employer’s workforce requirements, which requirements shall, from time to time, be advised by Employer to RCPL in writing indicating nature of each work, qualification standards for each position and number of personnel required (“Request”).

As of the date hereof, the Employer authorizes RCPL to act as its authorized representative in all matters involving the search for the required candidate.

This Agreement is non-exclusive for both RCPL and the Employer. The Employer reserves the right to engage other party (ies) to perform similar or identical services by RCPL under this Agreement. RCPL reserves the right to provide and perform similar or identical services to be completed by RCPL under this Agreement for other third parties.

ARTICLE 2

RCPL'S OBLIGATIONS

RCPL agrees to provide the Employer with recruitment services comprising sourcing Candidates through skill assessment, qualifications and descriptions, screening, profiling, pre-interviewing, short-listing, and proposing to the Employer all pre-screened Candidates (“Services”) for full-time or fixed-term employment.

In the event, the Candidate is employed by the Employer or any of its subsidiaries, holding company(s), and related corporations (collectively, the “Employer Group”) and provided that the Service Fee has been paid, RCPL shall offer a 3-month guarantee for one (1) replacement in the event of resignation or termination of employment of such Candidate due to unsatisfactory performance of such Candidate during the said three month period. Notably, suppose the Candidate is dismissed within the period mentioned above for reasons other than redundancy related to an economic downturn. In that case, RCPL undertakes to seek a replacement for such a candidate with no additional fee imposed upon the employer.

ARTICLE 3

EMPLOYER'S OBLIGATIONS

The employer shall always have final authority on the selection, choice, and confirmation of the Candidates for employment. In this regard, save and except for the Services falling within the obligations of RCPL under this Agreement, the Employer (and its Employer Group where applicable) shall at all times be responsible and liable for the Candidate once employed by the Employer / Employer Group and shall comply with all laws regulations orders and regulatory requirements relating to its employees (including the Candidates so used) including but not limited to employment conditions or requirements imposed by the foreign jurisdiction(s) in respect of Candidates so employed by Employer or Employer Group.

The employer shall be responsible for fiscal charges, visas, work permits, and airfare (if any) for the successful candidates until they complete their employment.

Candidates required to travel on official business as part of their duty shall be protected by the Employer’s Personal Accident Insurance Cover, which the Employer shall bear associated costs.

The employer shall be responsible for providing housing accommodation and transportation of Candidates/ personnel employed under this Agreement throughout Service and any problem that may arise or be incurred by the Candidate/personnel at the workplace, such as delayed or non-payment of salary or overtime pay of personnel and other factors beyond the control and obligation of RCPL under this Agreement.

The employer shall make the best efforts to maintain the welfare and protection of the rights of foreign personnel hired under this Agreement by applicable laws and not less than industry standards.

The employer shall be responsible for the medical welfare of the Candidate so employed throughout their employment with the Employer / Employer Group.

The employer shall assist the personnel in regularly remitting his basic monthly salary to his designated account(s) in the personnel’s country home through normal channels.

The Employer will defend, hold harmless and indemnify, including attorney’s fees, RCPL and RCPL’s Personnel against claims that arise or are alleged to have arisen as a result of negligent or intentional acts or omissions of the Employer or the Employer’s Personnel in performing its obligations under this Agreement or towards any Candidate so employed or engaged by the Employer or Employer Group.

ARTICLE 6

SETTLEMENT OF DISPUTES

All claims and complaints relating to the employment or engagement contract of the Candidate employed or engaged under this Agreement shall be settled by the company policy, rules, and regulations and the Employer. If the personnel disputes the Employer’s decision, the matter should be settled amicably with the participation of the representative’s Employer and, if so, requested by the Employer, RCPL.

ARTICLE 7

TERMINATION

This Agreement will be effective on the date above and continue until Article 7 is terminated. Provided that the termination shall not affect or prejudice the rights of any Party which has accrued before the date of termination of this Agreement and the obligations under this Agreement shall continue even after the termination of this Agreement in respect of any act, deed, matter or thing happening before such termination of this Agreement. Without limiting those described above, any SOW pending completion shall continue to bind the Parties together with this Agreement until such SOW is completed and paid unless so mutually terminated by the Parties.

Neither Party may unilaterally cancel this Agreement except for the following events:

(a) At the discretion of a Party by serving prior written notice to the other Party of not less than three (3) months without ascribing any reason to it;

(b) Immediately by a Party by serving a written notice to the other Party if an order is made or a resolution is passed for the winding-up of the other Party, except for reconstruction or amalgamation not involving the realization of assets in which the interest of creditors is protected;

(c) Immediately by a Party by serving a written notice to the other Party if the other Party goes into liquidation or a receiver is appointed over the assets of the other Party or the other Party makes an assignment for the benefit of or enters into an arrangement or composition with its creditors or stops payment or is unable to pay its debts;

(d) Immediately by a Party by serving a written notice to the other Party if execution is levied against a substantial portion of the other Party’s assets unless it has instituted proceedings in good faith to set aside such execution;

(e) Immediately by a Party by serving a written notice to the other Party if a provisional liquidator, receiver, or manager of the other Party’s business or undertaking has been duly appointed, or possession has been taken by or on behalf of creditors or debenture holders secured by a floating charge of any property of the other Party comprised in or is a subject of the said floating charge;

(f) By written notice of not less than 14 days to the other Party if the other Party ceases or threatens to cease all or substantially all its business or

(g) Immediately by a Party by serving a written notice to the other Party if the other Party has breached this Agreement and fails to remedy such breach within 30 days upon receiving written notice of such breach.
Validity Of Terms:

This Agreement will be effective from _________________ and will be valid for one year unless it is terminated earlier by the terms specified hereunder.

ARTICLE 9

CONFIDENTIALITY

Subject to Clauses 9.2 and 9.3, this Agreement and all matters pertaining hereto shall be considered confidential, and such cases shall not be disclosed to any third party without prior mutual agreement.

The confidentiality obligation contained in this Clause 9 shall not apply to information that:

(a) The Parties lawfully receive from third parties;

(b) Has lawfully become part of the public domain;

(c) Is already within the knowledge of the receiving Party or was in their possession at the time of disclosure of the information; or

(d) Is required by law to be disclosed.

Notwithstanding Clause 9.1, a Party may disclose such confidential information to its directors, officers, employees, financial institutions, and professional advisers provided that it is on a need-to-know basis and that such person agrees to maintain the confidentiality obligations under this Agreement.

The obligations under this Clause shall survive the termination of this Agreement and endure for three (3) years from the date of termination or such other period as the parties may mutually agree.

ARTICLE 10

GOVERNING LAWS

The confidentiality obligation contained in this Clause 9 shall not apply to information that:

(a) The Parties lawfully receive from third parties;

(b) Has lawfully become part of the public domain;

(c) Is already within the knowledge of the receiving Party or was in their possession at the time of disclosure of the information; or

(d) Is required by law to be disclosed.

The obligations under this Clause shall survive the termination of this Agreement and endure for three (3) years from the date of termination or such other period as the parties may mutually agree.

ARTICLE 11

AMENDMENTS

Suppose India’s national policies and future legislation affect the terms of this Agreement. In that case, this Agreement shall be amended or modified upon mutual consent of the Parties.

Any modification, alteration, or amendment to this Agreement and its appendixes will be effective unless you make it in writing by supplementary agreement(s) explicitly referring to this Agreement and duly signed by the Parties.

Pending the execution of the supplementary agreement(s) by both parties and its becoming effective, the Parties shall proceed according to the terms and conditions of this Agreement that existed immediately before the said supplementary agreement(s) became effective.

ARTICLE 12

NOTICES

As it is provided here, any notice required or permitted to be given to youunder or about this agreement shall be in writing and sent by cable, telex, or facsimile to either party’s address as duly specified in the present contract.

Any of the parties may change its address by a notice given to the other in a manner that is set forth.that is

Notices given as provided here shall be considered to have been given fourteen (14) days after the postage date or when a telex or facsimile confirmation has been issued, as the case may be.

ARTICLE 13

MISCELLANEOUS

Successors bound: This Agreement shall be binding on the Parties, their successors, and permitted assigns.

Assignment: Neither Party will assign their rights or delegate or subcontract their duties under this Agreement to third parties or affiliates without the prior written consent of the other Party, such consent not to be withheld unreasonably, except that the Buyer may assign this Agreement in conjunction with the sale of a substantial part of its business utilizing this Agreement. Any authorised assignment of this Agreement is void. Both parties agree to submit to the courts’ personal and exclusive jurisdiction in Mysore, Karnataka.

Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof and the remaining condition shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from. Instead of such illegal, invalid, or unenforceable provision, there shall be added automatically as part hereof a requirement, as similar in terms to such illegal, invalid, or unenforceable provision as may be possible that is legal, valid, and enforceable to give effect to the intention of the Parties.

Waiver: Any delay, neglect, or forbearance on the part of a Party in enforcing any provision of this Agreement against the other Party shall not be deemed to be a waiver of that provision or any other provision of this Agreement and shall not prejudice the right of the Party to enforce this Agreement.

Cost: The Supplier shall bear any incidental cost to prepare this Agreement, including the cost of stamp duty.

Time: Time, whenever mentioned, shall be the essence of this Agreement.