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The Online Agreement For Employer

THE ONLINE AGREEMENT FOR EMPLOYER

Welcome to Remotejobs.lk.

 

THIS  ONLINE AGREEMENT is made and entered in the Democratic Socialist Republic of Sri Lanka, Colombo on this < date> day of …….< month> 2021  (hereinafter known as the “effective date”). The following terms of service (these “Terms of Service”), govern the Company’s, (hereinafter referred to as the Service Required Party) access to and use of the Remotejobs.lk website and mobile application, including any content, functionality and services offered on or through Remotejobs.lk or the Remotejobs.lk mobile application (the “Site”) by REMOTEJOBS.LK (PVT) LTD bearing Registration number PV      00233496 of NO:14,SIR BARON JAYATHILAKA MW, COLOMBO 01,SRI LANKA. 

Please read the Terms of this agreement ( This is a legal Document )  

By agreeing to this agreement  the Service Required Party, agrees:

By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to the Service Required Party, accepts and agrees, on behalf of him/herself or on behalf of any other entity (if applicable), to be bound and abide by these Terms of Service, Remotejobs.lk Payment Terms, and Remotejobs.lk Privacy Policy, each of which is incorporated herein by reference.

If  the Service Required Party does not agree to the Terms of Service or the Privacy Policy, please refrain from accessing or using the Site, as Remotejobs.lk will not be held liable nor will be liable for any damage that may occur whatsoever.

WHEREAS REMOTEJOBS.LK (PVT) LTD is a hand curated, innovative online remote job portal, engaged in connecting innovative job providers with the best remote community of talents.

Will you be able to update the date automatically

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS:

  1. Definitions

1.1  In this Agreement, except to the extent expressly provided otherwise:

“Agreement” means this agreement including any Schedules and any amendments to this Agreement from time to time;

“Service  Required Party ” is the company who seeks Candidates through Remotejobs.lk or any individual nominated by the company or any individual representing the company.

“ Candidate” is the person who seeks a  service/s through Remotjobs.lk.

“Documentation” means the documentation including the online accessible documentation contains the capabilities of the software service system and applications and general instructions for use of modulus of the systems, applications, API integration documentation, tool integration any other information pertaining to access, usage, and integration.

“Effective Date” means the date of execution of this Agreement;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, and rights in designs);

“Schedule” means any schedule attached to the main body of this Agreement including registration application, service modules pricing, and features;

“Terms of Service” means any term of services mentioned  hereinafter by Remotejobs.lk.

“Remotejobs.lk Account” means the user account created by the will of Service Required Party  by him/herself (a person representing or nominated) in the Remotejobs.lk website.

  1. Term

2.1     This Agreement shall come into force upon the Effective Date.

2.2    This Agreement shall continue during a  valid user account  (Remotejobs.lk Account) subject to the terms and conditions of this agreement.

  1. Remotejobs.lk

Remotejobs.lk shall connect the remote community of talents through the portal available for online access by Service Required Party during the term of this Agreement and shall provide Service Required Party  such assistance in relation to that.

  1.  Registration Information

4.1    All interviews shall take place on our portal and such communication will be recorded and stored with us for quality assurance purposes.

4.2     When Service Required Party   registers with Remotejobs.lk, Service Required Party will be required to create a Remotejobs.lk Account and provide Remotejobs.lk with certain information including, without limitation, a valid email address ( Service Required Party’s “information”). Information submitted by the Service Required Party will be used in accordance with Remotejobs.lkPrivacy Policy.

4.3   The validity and the accuracy of the Data input to the system by Service Required Party  is of the responsibility of the Service Required Party and the Service Required Party  is authorized to view and access information on Candidates available on or from Remotejobs.lk.

4.4    Remotejobs.lk reserves the right to offer third party services and products to Service Required Party  based on the preferences that Service Required Party identifies in Service Required Party ’s registration and at any time thereafter; such offers may be made by Remotejobs.lk or by third parties.

4.5  Service Required Party  understands and acknowledges that Service Required Party   has no ownership rights in Service Required Party ’s Remotejobs.lk Account, and that if Service Required Party cancels/terminates/deletes own Remotejobs.lk Account, all Service Required Party  account information will be stored for a period of 30 days and subsequently will be deleted. Information may continue to be available for a period of time as stated above, due to delays in propagating such deletion through Remotejobs.lk web servers. In addition, third parties may retain cached copies of Service Required Party   information.

  1. Username and Password

Service Required Party is responsible for maintaining the confidentiality of Service Required Party’s account, profile, and passwords, as applicable. Service Required Party    shall not share the Service Required Party’s password or other account access information with any other party, temporarily or permanently, and Service Required Party shall be responsible for all uses of own Remotejobs.lk registrations and passwords, whether or not authorized by Service Required Party. Service Required Party agrees to immediately notify Remotejobs.lk of any unauthorized use of Service Required Party’s account, profile, or passwords.

  1. Eligibility

Service Required Party shall be a registered business  entity in the respective jurisdiction . By visiting and continuing to use the services of Remotejobs.lk,  the Service Required Party represents and warrants to Remotejobs.lk that the Service Required Party has the right, authority, and capacity to agree to and abide by these Terms.  The Service Required Party also represents and warrants to Remotejobs.lk that it will use the services of Remotejobs.lk in a manner consistent with any and all applicable laws and regulations in the respective jurisdiction and the applicable laws and regulations of the jurisdiction of Remotejobs.lk

  1. Content and Intellectual Property

7.1       Use of the Remotejobs.lk’ Content and Intellectual Property

  1. Service Required Party agrees to use all resources on the Remotejobs.lk web site solely for commercial use and agrees not to share, sell, distribute or disclose to any third party or on any other website of any Remotejobs.lk contents, which includes candidate’s personal information.
  1. Remotejobs.lk authorizes the Service Required Party to view and access a single copy of the content available on or from Remotejobs.lk solely for Service Required Party’s transactional purpose. The contents of Remotejobs.lk, such as text, graphics, images, logos, button icons, software, and other Remotejobs.lk content including intellectual property rights, are protected under Sri Lankan copyright, trademark, and other laws.
  1. Service Required Party agrees not to sell or modify the Remotejobs.lk content or reproduce, display, publicly perform, distribute, or otherwise use the Remotejobs.lk content in any way for any public or commercial purpose, in connection with products or services that are not those of Remotejobs.lk, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Remotejobs.lk or its licensors, that dilutes the strength of Remotejobs.lk trademark, or that otherwise infringes Remotejobs.lk’s intellectual property rights.
  1. Service Required Party agrees not to misuse in any other way any Remotejobs.lk contents. The use of the Remotejobs.lk contents on any other website or in a networked computer environment for any purpose is prohibited. Any code that Remotejobs.lk creates to generate or display any Remotejobs.lk content or the pages making up any Remotejobs.lk Site is also protected by Remotejobs.lk copyright, and Service Required Party may not copy or adapt such code.

7.2       Use of Service Required Party ’s Content and Intellectual Property

  1. Data content including intellectual property rights of Service Required Party shall be gathered at the time of registration will be stored in our system and will be visible to the visitors at all times and Remotejobs.lk agrees not to misuse in any other way that may tarnish the reputation or cause any damage to the rights of the Service Required Party.

8. Important Terms

8.1 Remotejobs.lk shall not act or be responsible for the payment between the Service required party and the candidates.

8.2 Remotejobs.lk shall not act as an intermediary relating to financial or non-financial disputes between the Service Required Party and the onboarded Candidates.

8.3     Interview portal

  1. All interviews will be recorded and stored with us for quality assurance purposes. Remotejobs.lk shall keep the recordings for a period of 3 months and will be deleted at the discretion of Remotejobs.lk.
  2. b. lk shall use recorded interview contents for commercial use and not for illegal purposes.

8.4       Remotejobs.lk will only act as a facilitator between the Service  Required Party and the Candidate and will not be responsible for the accuracy or authenticity of any information shared by the Service Required Party and the Candidate or any consequence arising herein after. 

  1. Additional Rights and Obligations

9.1  Service Required Party may not use Remotejobs.lk in order to transmit, post, distribute, store, and/or destroy material, including without limitation, Remotejobs.lk contents, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.

9.2       Information available in the platform shall not be released to any other business, individual or to any other parties without the written consent of Remotejobs.lk and the relevant candidates and the information of the Candidates shall only be viewed by the nominated personals of the relevant Service Required Party.

  1. 3 Service Required Party  is also prohibited from violating or attempting to violate the security of any Remotejobs.lk Site, including without limitation, the following activities: (a) accessing data not intended for such Service Required Party or logging into a server or account which Service Required Party  is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host, or network, including, without limitation, via means of submitting a virus to any Remotejobs.lk Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.
  2. Warranties.

Remotejobs.lk warrants to Service Required Party that:

10.1 Remotejobs.lk does not necessarily monitor materials posted, transmitted, or communicated to or within the Site. If there is any knowledge or information of any breach of terms, it is the responsibility of the Service Required Party to  notify Remotejobs.lk immediately.

10.2 Data gathered at the time of registration will be stored in the platform of Remotejobs.lk and will not be used for any illegal business purpose/s and will be visible by the Candidates registered with Remotejobs.lk and general viewers at all times.

10.3 REMOTEJOBS.LK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF SERVICE REQUIRED PARTY USE OF ANY REMOTEJOBS.LK SITE RESULTS IN THE NEED TO SERVICE OR REPLACE SERVICE REQUIRED PARTY ’S EQUIPMENT OR DATA, REMOTEJOBS.LK IS NOT RESPONSIBLE FOR THOSE COSTS. THE REMOTEJOBS.LK SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. REMOTEJOBS.LK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REMOTEJOBS.LK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE REMOTEJOBS.LK CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


  1. Termination

11.1 This Agreement will be terminated by Remotejobs.lk upon providing 14 days prior notice to Service Required Party;

  1. In the event of the subscription payment has not been done (or)
  2. In the event of the agreed service fee has not been paid.

11.2     If there is any knowledge or information of misuse of any kind of information related to this Agreement including data of the Candidates, the contract will be terminated by Remotejobs.lk with immediate effect without any prior notice given to the Service Required Party.

11.3     If there is any knowledge that the Service Required Party has directly contacted or approached a Candidate during the recruitment stage without the consent of Remotejobs.lk, the contract will be terminated with immediate effect without prior notice given to the Service Required Party.


  1. Confidential Information

12.1  All information is known to be confidential or proprietary, or which is marked as such, will be held in confidence by Remotejobs.lk or Service Required Party   and will not be disclosed or used by either party except required by the law to disclose.


  1. Payment Structure

13.1     Service Required Party agrees to pay  a convenience fee of 15% on the agreed first payment between Service Required Party and candidate to the account of Remotejobs.lk directly by Service Required Party through the following payment channels.

Bank Transfer –

Payment Gateway (Link to be pasted) –


14  Indemnification

14.1 Indemnification by Service Required Party:

(a)  Service Required Party shall indemnify Remotejobs.lk against all losses and expenses in connection with any proceeding arising out of Service Required Party ‘s unauthorized usage, access, modification, alteration of the Remotejobs.lk Account including infringement of a third party’s Intellectual Property Rights.            

(b)    Service Required Party shall indemnify Remotejobs.lk against all losses in connection with any proceeding arising out of the indemnifying willful misconduct, gross negligence, violation of any laws, illegal act, misrepresentation, or any fraudulent transactions.


  1. Miscellaneous

Service Required Party should read, agree, and accept all of the terms and conditions contained in these terms in the Agreement, prior to commencing operating the system modules by Service Required Party.

15.1 Assignment, Transfer, and Novation         

This Agreement shall not be assigned, transferred, or novated to any third party without the prior written consent of Remotejobs.lk, as the case may be.

15.2   Governing Law

The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Agreement. This Agreement will be construed and enforced in accordance with the laws of Sri Lanka.

15.3 Amendments

This Agreement shall be amended or modified by posting/emailing the relevant amended and restated terms on Remotejobs.lk’s website and/or execute an Addendum hereto in connection thereof and such amendments to the terms are effective as of the date of posting, email and/or date of execution of the Addendum by the parties hereto.

15.4 Notices

(a) All forms of directions, orders, circulars, notices and other communications in connection with this Agreement shall be at all times be in writing via a formal letter or email and shall be deemed to have been given when received by the Party to which such communication is directed as set forth below:-   

Remotejobs.lk:                          

Address: NO:14,SIR BARON JAYATHILAKA MW, COLOMBO 01, SRI LANKA

Name of the contact person:   Fawshan Nilamdeen    

Contact Number:+94777935230

Email Address: [email protected]

Facsimile:

 

Service Required Party: 

Name of the Contact Person :

Address:

Contact Number:

Email Address:

Facsimile

(b) If  the Service Required Party  may change its designated point of contact should inform the changes by written notice or email to  [email protected]remotejobs.lk.