COMPANY PARTNER- TERMS & CONDITIONS
These terms and conditions (“Company Partner Terms”) are between NextLevel and you or the entity you represent (“you” or “your” or “Company Partner”).
When we speak of “NextLevel “we”, “us”, and “our”, we collectively refer to Sorting Hat Technologies Private Limited– a company incorporated in India and all its affiliates which have licence or authority to enter into this Agreement with you.
Nextelevl and the Company Partner are hereinafter referred to as “Party” individually and collectively as “Parties”, where applicable.
- ABOUT NEXTELEVEL
- NextLevel Platform (defined below) is, inter alia, an online skills assessment platform which allows Candidates (defined in the Terms of Service) on the Platform to showcase their skills through Games (defined in the Terms of Service) and provides Company Partner (defined in the Terms of Service) easy access to source and select the best of candidates, pre-assessed on their aptitude, competencies, and skills for roles within any company. NextLevel also displays the Ratings (defined in the Terms of Service) of Candidates on the Platform based on the Games and Company Users (defined in the Terms of Service) may use these Ratings to hire any Candidates for internal roles in their organization.
NextLevel makes available live Games between Candidates with similar Ratings in the in the same Category (defined in the Terms of Service) on the Platform, which is intended to assess a Candidate’s knowledge and skills, relative to a similarly placed Candidate. NextLevel makes visible job postings by Company Partners to Candidates with Ratings that match the Rating requirement of the Company Partners, specified in their job postings. Candidates have the opportunity to review the job posting for which they are eligible on account of their Rating and reach out to the Company User (defined in the Terms of Service), who has published the job posting on the Platform, through the messaging feature in the Platform, of their interest in the job/position advertised by the Company User on behalf of the Company Partner. Company User, may review the profile of the Candidate who has expressed interest and may decide to engage/not engage with the said Candidate. Company Users may also connect with the Candidates outside the NextLevel Platform to initiate the recruitment process.
- For more information on the services offered on the ‘NextLevel Platform’ please visit the Platform and also read the NextLevel Platform’s Terms of Service.
- ENTIRE AGREEMENT
- Our agreements with you consist of these Company Partner Terms in addition to the Platform Terms (defined in the Terms of Service). The Company Partner Terms, in addition to the Platform Terms shall govern the commercial arrangement between you and NextLevel.
- You are requested to read these Company Partner Terms (as may be updated by us from time to time) carefully and thoroughly as it will govern your agreement with NextLevel. NextLevel shall, on a best-efforts basis, endeavour to send a notification to you on your registered email address regarding any updates or changes to these Company Partner Terms, however, you must periodically visit the above link and read the Company Partner Terms.
- This agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is generated by a computer system and does not require any physical or digital signatures.
- This agreement supersedes all prior written or oral and all contemporaneous oral agreements, understandings (including any prior MoU), and negotiations with respect to the subject hereof.
- “Affiliate” with respect to a specified entity, an entity that directly or indirectly through one or more intermediaries, is controlled by a Party, in each case where the term "control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- “NextLevel Platform” or “Platform” shall mean and include the NextLevel website (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified in the NextLevel Platform’s Terms of Service), functionality, products, services, media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device.
- SCOPE OF ARRANGEMENT
- The Company Partner wishes to be listed on the Platform to source talent for its organization based on the Ratings of the Candidates on the Platform, obtained through Games.
- The Company Partner shall be required to create a Company Page (defined in the Terms of Service) on the Platform wherein the name and logo of the Company Partner shall be displayed, in addition to certain information about the Company Partner. Consideration, if any, applicable for the services offered to the Company Partner pursuant to this Agreement shall be shall be communicated through any mode, including by email or by publication on the Platform.
- In the process of creating the profile on the Platform, the Company Partner may be required to disclose information including but not limited to the job role, qualifications, the expected Ratings for a job role and selection criteria. Such information will be mandatorily required to be disclosed by the Company Partner to enable it to use the Platform and may be subject to change, from time to time, at the sole discretion of NextLevel. It is clarified that the profile of the Company Partner and details of the job vacancies will not be Confidential Information (as defined below) and will be used for publication on the Platform and other media.
- The Company Partner hereby agrees and accepts that display of its logo and brand name on (i) the Platform; and (ii) all marketing and promotional material of NextLevel, is an essential part of NextLevel rendering its services on the Platform and the Company Partner hereby grants to NextLevel and Candidates a non-exclusive, perpetual, and irrevocable license to use its logo and brand name in connection with rendering Services on the Platform.
- The Company Partner hereby agrees and acknowledges that NextLevel makes no representation on the background, credentials and qualification of the Candidates and that NextLevel shall only be responsible for displaying the Ratings obtained by a Candidate on the Games played on the Platform, along with the Candidate’s profile information and the Company Partner agrees that it shall carry out its own internal due-diligence and verification of the Candidates it wishes to employ.
- The Company Partner further agrees and acknowledges that NextLevel will not be required to disclose any internal metrics, algorithms and/or know-how regarding the Platform and that NextLevel may, disclose the Ratings with the Company Partner.
- The Company Partner agrees and acknowledges that NextLevel does not have any information on the employment status or the offers made to any Candidate. It is hereby clarified that in the event the Candidate does not join the Company Partner on the appointed date after signing the offer letter or leaves the employment of the Company Partner, NextLevel will not be liable in any manner to the Company Partner.
- OBLIGATION AND RIGHTS OF PARTIES
- Each Party will continue to own all copyrights, patents, trademarks, service marks, trade secrets and other proprietary rights that such Party owned immediately prior to the Effective Date.
- NextLevel reserves the right to conduct a verification of the Company Partner on the Platform before the job postings and profile created by the Company Partner on the Company Page is published on the Platform.
- NextLevel offers no guarantee or warranty that the Company Partner will receive a satisfactory response to the job description posted by it.
- NextLevel shall not be held liable for any information received by the Candidates and/or the Company Partner and it shall be the sole responsibility of the Company Partner to conduct its own independent KYC checks and background verification for each of the Candidates it wishes to hire.
- The Company Partner hereby represents to NextLevel that the job vacancies which the Company Partner will post, through its Company Users are genuine and that the Company Partner has the authority to seek applications from Candidates for these jobs.
- NextLevel reserves the right to change the look, feel and design, of the Platform at any time and the processes and parameters around the Games and providing Ratings without assigning any reason or giving any prior notice to the Company Partner in this regard.
- By providing NextLevel with a job description, the Company Partner confirms that it has obtained all necessary licences, permits, approvals are necessary for it to seek and recruit Candidates and to indemnify NextLevel for all claims, damages, losses arising in relation to the same.
- Governing Law and Dispute Resolution: The Agreement shall be governed by and construed in accordance with the laws of India, without reference to principles of conflict of laws. In the event of any dispute arising out of, under, or in relation to, this Agreement, the Parties agree to submit such dispute to arbitration by a sole arbitrator appointed jointly by both Parties, failing which such arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in this Agreement by reference herein) and shall be held in Bangalore. All proceedings of such arbitration shall be in the English language. The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal. The successful Party may seek to enforce the award in an appropriate jurisdiction, including India. Each Party shall bear its own costs and expenses, incurred in connection with the arbitration proceedings. Nothing herein shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the courts at Bangalore, India which shall have exclusive jurisdiction to determine any dispute arising under this Agreement. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the Parties to pursue any remedy for monetary damages through the arbitration.
- Assignment: Neither Party shall assign nor otherwise transfer any of its rights or obligations under the Agreement, in whole or in part, without the prior written approval from the other Party. Provided that, NextLevel shall be entitled to assign its rights and obligations to any of its Affiliates.
- Amendments: No variation in the terms of the Agreement shall be binding on the Parties hereto unless such variation has been first accepted in writing by all the Parties or their duly authorized representatives.
- Severability: The invalidity or unenforceability of any provision in the Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of the Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
- No Agency: The relationship between the Parties shall be on a principal-to-principal basis and nothing contained in the Agreement shall create, constitute, or evidence any partnership, agency, joint venture, trust or employer/employee relationship between the Parties and a Party may not make, or allow to be made, any representation that such relationship exists between the Parties.
- Survival: Any provision of the Agreement, which by its very nature survives termination or expiration of the Agreement will survive termination or expiration of the Agreement and continue in full force and effect.
- Force Majeure: Neither Party shall be liable to the other Party for any delay or non-performance of its obligations under the Agreement arising from any cause or causes beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock-out, sit-in, pandemic or epidemic, regulatory intervention or such other cause which is beyond the control of such Party and directly affects the ability of such Party to perform its obligations under the Agreement.
Last Updated on 19.12.2022