100offer's Terms & Conditions

This Agreement is entered into by and between the Enterprise User (hereinafter referred to as “Enterprise User”), and 100OFFER PTE. LTD., Registration Number 201613141H. (“100offer”), having its primary address at 1 Maritime Square #10-32A Harbourfront Centre Singapore 099253.

Whereas:

  1. 100offer offers marketplace-based talent recruitment services to companies through its recruitment website and affiliated websites (URL: www.100offer.com, www.100offer.com.sg, hereinafter referred to as the “Website”);
  2. Enterprise User has obtained the consent of 100offer to use the Website for its marketplace-based talent recruitment activities.

THEREFORE, both parties have entered into this Agreement to specify the conditions for Enterprise User to use the Website.

Clause 1 Definition

Unless otherwise separately explained or contextual contradictions arise, this Agreement (and its attachments, supplementary Agreements and so forth, similarly hereinafter) shall be based on the following definitions:

  1. “Services” refer to those that are provided by 100offer in accordance with Clause 2 of this Agreement.
  2. “Candidates” refer to people who have registered at the Website to seek employment.
  3. “Positions” refer to the actual recruitment posts or positions that Enterprise User intends to recruit based on the status of the candidates.
  4. “Employment Contract” refers to the employment contract, employment service contract, or contract or agreement of similar nature for a candidate to provide direct or indirect labour to Enterprise User and that is signed between Enterprise User and the candidate who is deemed to have fulfilled the requirements.
  5. “Employment” refers to the employment contract of the agreed employment entered into by and between Enterprise User and the candidate who is deemed to have fulfilled the requirements.
  6. “Official Start of Work” or “Start of Work” refers to the candidate having officially reported at Enterprise User after having signed the employment contract with Enterprise User, and who has begun the job responsibilities at Enterprise User; or the candidate who has begun to receive an income or remuneration from Enterprise User, whichever is earlier.
  7. “Website Usage Success” refers to the candidate selected from the Website by Enterprise User who signed the Employment Notice issued by Enterprise User and who has officially started work.
  8. “Annual Salary” refers to the gross individual pre-tax income, including wages and bonuses that are fixed and clearly stated in the contract, that a candidate receives from Enterprise User in a complete fiscal year, as stipulated in the corresponding employment contract or its attachment.
  9. “Affiliated Unit” refers to one that controls (with reference to situations wherein the shareholding is more than 50%, or where it is not more than 50% but it is able to propose more than half the members of the Board of Directors, or is able to exercise the veto rights, similarly hereinafter) or one that is being controlled and is being controlled by the same person, including but not limited to the parent company, company with branches, sister companies, representative offices and administrative bodies, amongst others.

Clause 2 Services

Based on the marketplace-based Candidates regularly provided by the Website, Enterprise User shall on its own accord select the Candidates on marketplace on the Website provided by 100offer and arrange the interview themselves. If Enterprise User and the Candidates agree on matters of employment, Enterprise User shall produce an official letter of appointment or other similar document to the Candidates, and establish a working relationship by signing an Employment Contract with the Candidates.

Clause 3 Services

  1. Enterprise User's rights and obligations
    1. Enterprise User reserves the right to utilise the Candidates in the Website for marketplace-based recruitment services.
    2. Enterprise User undertakes that the provided Position information belongs to Enterprise User or nterprise User's affiliates, that no other third party Position is involved, and that the provided information is true, legal, valid, complete and contains no falsehood, misdirection or any information that infringes the legitimate rights of a third party;
    3. Enterprise User shall ensure that the interview invitation provided to 100offer's platform is true and valid, that the interview be conducted within one week after acceptance by the Candidates, and that the candidate interview is not rejected for any illegitimate reasons (mode of interview includes but is not limited to telephone interview and site interview);
    4. Prior to the official issue of an Employment Notice to the Candidates, nterprise User shall not disclose the candidates' data to any third party or unrelated personnel in nterprise User. It shall ensure that appropriate confidentiality measures are applied towards all the candidates' data that it has obtained;
    5. Within three days after issuing an Employment Notice, 100offer shall be notified in writing or by email of the Candidates' Official Start of Work at nterprise User (based on the actual day of employment, similarly hereinafter), of the salary details and of the breakdown;
    6. The following situations shall be deemed as Website Usage Success. nterprise User shall pay 100offer the service fees in accordance with an Addendum to this Agreement:
      1. Transmission of Candidates' data to a third party shall be deemed as Website Usage Success.
      2. If nterprise User did not employ a candidate when accessing the candidate data from the Website and employs that candidate within 12 months after obtaining the data, it shall be deemed as Website Usage Success.
      3. During the validity period of this Agreement, if Enterprise User obtains a candidate's data from the Website and recommends the candidate to Enterprise User's Affiliated Unit which subsequently employs that candidate, it shall be deemed as Website Usage Success.
      4. If the candidate sourced from the Website was interviewed by nterprise User before, nterprise User shall notify 100offer in writing within two working days after receiving the complete data of the candidate. If nterprise User fails to notify 100offer on time and employs that candidate, it shall be deemed as Website Usage Success.
    7. Enterprise User shall pay 100ffer service fees in accordance with an Addendum to this Agreement.
  2. 100offer's rights and obligations
    1. 100offer shall provide the Website platform in accordance with the Agreement, and regularly update the pool of new Candidates for selection by Enterprise User.
    2. 100offer is not obliged to investigate the authenticity of the Candidates' resumes and background. 100offer shall not be liable for any losses incurred by Enterprise User as a result of false resumes provided by the Candidates.
    3. 100offer shall strictly observe confidentiality and not disclose the corporate information and data provided by Enterprise User.
    4. 100offer may provide communication services in the event of communication barriers or doubts between PEnterprise User and the Candidates.
    5. 100offer has the right to display, publicly perform, distribute, store, broadcast, transmit and reproduce Enterprise User’s logo(s), service marks, trademarks and trade names through the Website, and/or any other medium currently invented or invented in the future.

Clause 4 Service Fees and Mode of Payment

After having obtained the Candidates' information from the Website and having successfully employed the Candidates by the signing of the Employment Contract, Enterprise User shall pay 100offer the service fees in accordance with an Addendum to this Agreement.

Clause 5 Breach of Agreement

If one party fails to perform any or part of its obligations under this Agreement, the party shall be responsible for damages caused by its breach of contract. The liability of the defaulting party shall be equivalent to the actual loss incurred by the other parties due to the breach, subject to the maximum of the foreseeable losses at the time of entering into this Agreement. If the failure to fulfil this Agreement is caused by the fault of both parties, the parties shall bear their respective liabilities according to the degree of the fault.

Clause 6 Alteration and Termination

During the term of this Agreement, both parties may alter, cancel or terminate this Agreement in writing based on mutual agreement.

Clause 7 Dispute Resolution

Any dispute or claim of rights relating to this Agreement or relating to the interpretation, breach of contract, termination or validity of this contract, shall be resolved through friendly consultations by both parties. If both parties fail to resolve the dispute within thirty days after the start of negotiations, either party may refer the dispute to a court in 100offer's location for resolution.