TERMS OF AGREEMENT: Except as set out above prices are subject to change without notice.
This Agreement is between your company or organization (“You”) and nagpurjobsforindia.com (“nagpurjobsforindia”) and governs use of the nagpurjobsforindia website or websites referenced at the end of this Agreement (each a “Site” and, together, the “Sites”). If you breach any provision of this Agreement, nagpurjobsforindia may (i) discontinue Your service and/or (ii) pursue all other available remedies to enforce this Agreement and obtain payment hereunder. In such event, nagpurjobsforindia shall be entitled to collect and recover from You all of its costs and attorneys’ fees incurred.
All job postings purchased as part of a membership or job package run for 60 days, unless otherwise specified at the end of this Agreement. These job postings may not be substituted with other job postings during that time without incurring additional charges. Any jobs posted by You on any Site in excess of the number of jobs provided for in this Agreement will be billed to You and shall be payable by You in accordance with the terms hereof, at nagpurjobsforindia’s then prevailing rate for such job postings on such Site. nagpurjobsforindia may, in its sole discretion, impose a late fee equal to 1.5% per month on all overdue accounts. Any re‑activation of a deleted or expired job posting and any refreshing of any job posting constitutes use of an additional job posting hereunder. This Agreement shall not apply to, and you shall have no rights with respect to, any website not listed at the end of this Agreement.
Each Site’s Resume database (each a “Resume Database”) is a private database for use by licensed members only. A licensed member is defined as one unique user with one unique password. If You (including any or Your employees or consultants) are found to share passwords with any non-licensed users, nagpurjobsforindia may revoke all passwords and no refund will be given. For the purpose of this Agreement, recruitment agencies, staffing agencies, advertising agencies and all other agencies (other than You, if applicable) are deemed non-licensed members. You agree to notify nagpurjobsforindia promptly after the departure of any person to whom a password was provided and nagpurjobsforindia reserves the right to cancel such password or issue a new password in lieu thereof. Jobsforindia reserves the right to periodically change issued passwords. Amounts paid for use of the Resume Database are non-refundable.
You agree to comply withal applicable local, national and international laws, including but not limited to the laws relating to labour and employment, data privacy and intellectual property.
Navigation/Search Engines: Notwithstanding anything to the contrary contained herein, You shall not use or attempt to use, and shall cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search any Site other than the search engine and search agents available on such Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer, Google Chrome, Mozilla).
The contents of each 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 nagpurjobsforindia. Neither you nor any of your employees shall do anything, which would in any way damage, injure or impair the validity of nagpurjobsforindia’s rights in the contents of each Site. Notwithstanding the above, any job postings placed on any Site by You hereunder, and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are and shall at all times remain Your property.
TO THE EXTENT PERMITTED BY LAW NAGPURJOBSFORINDIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITMESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH
RESPECT TO ITS SERVICES OR ANY SITE, OR RESULTS OF USE THEREOD AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED ARE HEREBY EXCULDED.
You agree to indemnify nagpurjobsforindia, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of this Agreement or from Your provision of any material to any Site, including but not limited to claims of breach of third party intellectual property rights. If You list an address on this Agreement, nagpurjobsforindia will provide notice to You promptly of any such claim and shall assist You, at Your expense, in defending any such claim, action or demand.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING PARAGRAPH, NEITHER PARTY WILL BE LIABLE TO THE 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 THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY, OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, NAGPURJOBSFORINDIA'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE TRANSACTION, WHICH IS THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU TO nagpurjobsforindia.com HEREUNDER.