Term and Termination.This agreement (“Agreement”) between your company or organization (“Customer”) and MCN.com, Inc. (“MCN.com”), sets forth the terms and conditions under which MCN.com will provide to Customer. The term of this Agreement (the “Term”) will commence on the date Customer agrees to this Agreement (the “Effective Date”). The Term of this Agreement shall be automatically renewed for a similar period at the expiry of the Term, unless either party wishes to terminate the agreement by giving prior written notice within 30 days before expiry of the Term. MCN.com reserves the right to terminate immediately. If Customer breaches any provision of this Agreement, MCN.com may suspend all passwords and other access codes. If this occurs, MCN.com will promptly notify Customer and if such breach is capable of being cured, Customer will have ten (10) days to cure such breach to Bayt’s reasonable satisfaction. If such breach is incapable of being cured or, if capable, is not cured within such ten (10) day period, MCN.com may: (a) terminate this Agreement and/or (b) pursue all other available remedies to enforce this Agreement and obtain payment hereunder. Customer’s breach of this Agreement will constitute a breach of all other agreements between MCN.com and Customer or any party controlling, controlled by, or controlled with Customer.
Payment.All amounts payable by Customer must be received in full prior to commencement of Service. Card accepted is K-NET. Customer will be responsible for the payment of any present or future sales, use, excise or other similar tax applicable to the services hereunder. Amounts paid hereunder are non-refundable.
Cancellations and Refunds.Any payments made through any payment method will not be refunded regardless of the cause of termination or the party terminating the agreement. All other requests for refunds will be reviewed on a case by case basis and awarded at MCN.com’s sole discretion. All approved refunds will be made through the original mode of payment only.
Job Postings.All job postings purchased hereunder (i) have a scheduled run of 30 days, and (ii) must be posted during the Term, after which all job postings purchased hereunder expire. Once a job posting expires, all responses to the posting will be accessible for the next 60 days in the employer workspace. Thereafter all responses will be deleted. The responses can be restored if the job posting is re-activated within 6(six) months from the date of expiry of the posting. All responses can be downloaded/exported from the employer workspace at anytime while the CVs are accessible. Notwithstanding anything to the contrary contained herein, unlimited job posting packages are not permitted, and any agreement or statement (written or oral) with respect to unlimited job postings made in this Agreement, or otherwise will be void and of no force or effect. A job posting credit validates a posting for a single vacancy in a single job category and a single country. Up to three job categories can be utilized on the same posting for same single job vacancy in a single country. Each job category constitutes a Job posting credit and will be consumed from the available inventory of Job posting credits. Job postings with multiple vacancies may be disabled when such job posting is posted on the Site. Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on the Site. Any (1) re-activation of a deleted or expired job posting, (2) refreshing or renewing of any job posting, (3) change in the job board (Bayt.com) where a job has been posted, (4) change in the reference code of a job, or (5) change in location where a job is based (including a change of City/Town), constitutes use of an additional job posting hereunder.
Job Slots. Similar to job postings once a job slot expires, all responses to the posting will be accessible for the next 60 days in the employer workspace. Thereafter all responses will be deleted. The responses can be restored if the job slot is renewed before the date of expiry. All responses can be downloaded/exported from the employer workspace at any time while the CVs are accessible. Each job slot is active for the time period purchased and can be utilized to post unlimited jobs during the time period, however, each job slot is restricted to advertise one job at a time only. If the customer requires to post multiple jobs at the same time more job slots are required to be purchased. A job slot posting validates a posting for a single vacancy in a single job category and a single country; multiple vacancies in single job slot post may be disabled when such posting is made on the Site. Any hyperlinks contained in a job slot posting submitted by Customer will be disabled when such job slot posting is posted on the Site.
Database CV Search.Your subscription package is valid for the period in which it is purchased, for 1 user, and solely for your recruitment requirements. MCN.com will monitor your utilization of the purchased package. Once CV search package is activated it will run continuously for the period for which it was purchased and you will have access to the entire CV database and ability to contact up to 500 candidates per month. A CV Contact is credited each time the contact details of a CV is requested and exhibited. On expiry, all CVs searched and contacted will be accessible for the next 60 days, from the employer workspace. Thereafter none of these CVs can be accessed. All CVs can be restored in the employer workspace if a search package is re-activated within 6(six) months from the date of package expiry. All CVs searched and contacted can be downloaded from the employer workspace at any time while the CVs are accessible. MCN.com reserves the right to deactivate your subscription should it suspect that multiple unlicensed users are utilizing the system or that the package is being consumed for purposes other than your organization’s immediate recruitment requirements. Under no circumstances will MCN.com be obligated to any refunds or reactivation of any services at any time.
Assisted Online.This is also known as the ‘Plus Package’ whereby Bayt.com’s personnel (the customer care executives) utilize the Customer’s paid and active subscription, of either database CV search or job postings or both, for the purpose of posting jobs, activating job postings, filtering applications of job postings, searching for CVs, filtering of searched CVs, and forwarding to the Customer the CVs either by printing or email or through “CV Folders”. The intent of the Plus Package serves to provide assistance to the Customer, and does not serve to introduce candidates to the Customer. The customer care executive will attempt to match as closely as possible the CV skills with the Customer’s job description. By default the Assisted Online package requires the Customer to allow MCN.com access to the Customer’s MCN.com employer account. MCN.com makes no guarantees on the fitness, quality, availability, accuracy, or any other area related to the candidates suitability of any of the CVs forwarded to the Customer. The Customer is responsible for taking further steps to qualify the forwarded CVs.
Ownership.Subject to the next sentence, the content of the Site (including without limitation all job postings and all resumes), and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of Bayt.com. Notwithstanding the foregoing sentence, as between MCN.com and Customer, any job postings placed on the Site by Customer hereunder and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are and will at all times remain Customers property.
Expiry.All services will be provided to the Customer only for the duration contracted to the best of MCN.com ability. All data will be inaccessible after the completion of 60 days from the date of product (Search/Posting) expiry. All data can be accessed if the relevant product is re-activated within 6 (six) months from date of expiry. MCN.com will not be responsible for restoring data against subscriptions that have expired or job vacancies that have been removed.
User Access.Each electronic recruitment subscription entitles the Customer to a single user registration known as the administrator account, that is valid for the duration of the active subscription. Should additional users require access to the active subscription, the Customer must purchase additional user access rights per the aforementioned rates. The extra seats’ access will expire with the seat expiration. CVs that need to be accessed by users after the expiration of the seat can only be accessed by the Administrator account. Concurrent access of the Customer’s account will result in automatic logout of the user.
NO WARRANTIES.MCN.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
(a) Each party (each, in such capacity, the “Indemnifying Party”) will indemnify the other party and its respective officers, directors, employees and agents (each, in such capacity, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from
(i) a breach by the Indemnifying Party of this Agreement or of any representation, warranty, covenant or agreement contained herein, or
(ii) the provision of any material to the Site by or on behalf of the Indemnifying Party, including but not limited to claims of breach of third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items will not constitute material provided to the Site by or on behalf of Bayt.com: all job postings and listings, all resumes, all chat room submissions, all message board submissions and all materials submitted by or on behalf of Customer.
(b) The Indemnifying Party’s obligations under Section 9(a) will only apply if the Indemnified Party notifies the Indemnifying Party promptly in writing as to any such claim, action or demand and gives the Indemnifying Party the right to control and direct the investigation, preparation, defense, trial and settlement of each such claim, action or demand. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defense and/or settlement of any such claim, action or demand. Notwithstanding the foregoing sentence, the Indemnifying Party will not settle any claim, action or demand without the written consent of the Indemnified Party, such consent not to be unreasonably withheld.
LIMITATION OF LIABILITY.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT FOR OBLIGATIONS OF AN INDEMNIFYING PARTY UNDER SECTION 10 TO THE EXTENT ARISING OR RESULTING SOLELY FROM A THIRD PARTY CLAIM RELATING TO INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTY, BUT WITHOUT IN ANY WAY LIMITING CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT, (A) NO PARTY WILL BE LIABLE TO ANY OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY’S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH HEREOF), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF AND (B) Bayt.com’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO MCN.com HEREUNDER.
Miscellaneous.This Agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto as well as any purchase orders not supplied by MCN.com that have been or may from time to time be submitted by Customer, (ii) may be signed in counterparts, (iii) In case of any disputes, the law applicable would be based on the UAE Governing Law. (iv) may not be amended, terminated or waived orally, and (v) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law, merger, asset or stock sale or transfer or otherwise, by either party, except to a party controlling, controlled by or under common control with the assigning party, provided that written notice of any such permitted assignment will be given to the non-assigning party prior to any such assignment and provided further that the assignor will remain jointly and severally liable with the assignee for all obligations of the assignor and assignee hereunder, regardless of whether such obligations arise prior to, at, or subsequent to the assignment. Notwithstanding the foregoing, Customer will use all products and services purchased hereunder solely for its own internal business purposes and will not resell or transfer to any third party any product or service provided by MCN.com to Customer hereunder. Any terms of this Agreement that may be invalid will not affect the validity of enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of both parties. All notices given hereunder will be given by first class mail, return receipt requested, or overnight courier, to the respective address set forth herein, and will be deemed given upon actual delivery thereof. The headings used herein are for ease of reference only and will not be used to construe or interpret the provisions of this Agreement. In case of any disputes, the law applicable would be based on the UAE Governing Law.
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