Terms|Conditions

Welcome

Welcome to Masharq.com. These Terms and Conditions form a legally binding Agreement between You and Us. You acknowledge and agree that these Terms and Conditions apply to Your access to, and use of, the Masharq.com and the services, and you have full authority to enter into and perform a binding Agreement with Us to use the Masharq.com Services, and are bind the party for whom you act. In accessing or using the Masharq.com or using the Service, You acknowledge that You have read and understood, and agree to be bound by these Terms and Conditions.

1. WHO WE ARE

Masharqcom Information Technology Company Ltd. a company duly incorporated under the laws of The Hashemite Kingdom of Jordan, having its principal office at Amman, Jordan, and with Commercial Registration No. 51838 hereinafter called (“Masharq.com” or “Masharq” or “Marketplace” or “We” or “Us” or “Our” or "Website"). 

The Masharq.com is not acting as an employment agency. The Masharq.com acts as an intermediary between the Employers looking to hire and The Recruiters who can serve in the recruitment process.

The Masharq.com has the right to change these Terms and Conditions at any time without notice, by posting changes on the Website. It is the responsibilities of the user to check these Terms and Conditions every time he accesses the Website, to ensure his awareness of any changes.

2. THE RECRUITER OBLIGATIONS

2.1 Providing Candidates` CVs

If you are a Recruiter and want to introduce a Candidate to an Employer through the Masharq.com, on behalf of a Candidate, you represent and warrant to us that you are authorized by that Candidate to do so. In addition, obtained the Consent of the Candidate to provide his CV and you have verified the accuracy of such Candidate information before providing his CV to the Employer through Masharq.com. All CV submissions for Vacancies must be sent through Our Website.

The Recruiter warrants that he is a professionally trained Recruiter, and agrees that he shall at all times comply with Regulations of Employment in the country in which he operates.

The Recruiter shall not use the Employer's company name or brand publicly when advertising the Employer's Vacancy and searching for Candidates.

 

2.2 Relationships between Recruiters and Employers

The Recruiter agrees that he shall not directly contact the Employers for which he submit Candidates, nor do any direct business with the Employers for which he submit Candidates, for any reason, for a period of Twelve (12) months after the introduction, engagement, submission of such a Candidate by Masharq.com, without a specific consent of Masharq.com.

If a Recruiter is found to have contacted an Employer directly to work around, avoid or otherwise exploit the Masharq.com Services with the intent or effect of undercutting our Services, or depriving Us of due compensation, Placement Fees, the Recruiter's Account will be terminated immediately, and the Recruiter will be liable to pay us within Thirty (30) days of receipt of invoice Eleven Thousand United States Dollar (USD 11,000) plus our Twenty Five percent (25%) of Placement Fees per direct Placement has been made with the Employer within a Twelve (12) month period.

 

2.3 The Recruiter Fee

The Recruiter understands that if a Placement Fee is generated through the Marketplace and payable to the Recruiter by Employer upon a Placement is calculated as the Placement Fee minus Our fees (taxes are excluded) Twenty Five percent (25%), Our Fee payable by the Recruiter once Recruiter has received the Placement Fee from the Employer and within Fourteen (14) days, the Recruiter shall pay our fee Twenty Five percent (25%) from the Placement Fee. The Recruiter shall not be held liable for any unpaid Placement Fees by the employer toward Us.

The Recruiter may be charged a late payment charge in case of not paying by the due date of the raised invoice by the Masharq.com and Masharq.com reserves the right to recoup any collection costs incurred in respect of any late payments.

The Recruiter acknowledges that if the Employer has previously received a Candidate's CV, or was aware of the Candidate through another source the Recruiter may not be eligible for the Placement Fee, in such a case The Employer is solely responsible for providing the proper proof that the new engagement was not the result of the Recruiter's submission, but rather of having received the CV previously. In such case, Masharq.com will investigate and based upon the available proof make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Masharq.com decision on this matter shall be final. 

The Recruiter has the ownership of a Candidate for the duration of the Fee Period (six months from the date that the Recruiter first submitted the Candidate CV). If the Candidate is employed or engaged by the Employer during this Period the Recruiter shall invoice the Employer for the same Placement Fee set by the Employer when the Vacancy was originally posted on the Masharq.com. The Recruiter shall inform Masharq.com regarding the Start Date of the Candidate.

3. THE EMPLOYER OBLIGATIONS

3.1 Placement Fees

You acknowledge that We might permit to assign a Recruiter to invoice You directly and collect all Placement Fees (taxes are excluded).

Once the Placement Fees set, the fee may be increased but it may not be reduced without Our express written consent.

In the case of non-payment by the Employer of the Placement Fee, the Employer hereby agrees that We shall be permitted to assign to the Recruiter the debt relating to such non-payment and the ensuing right of action.

It is the Employer’s responsibility to inform The Recruiter immediately of any duplicate Candidate CVs previously known or received from The Recruiter, if the Employer interviewed this particular Candidate and hired him The Employer is acknowledging that the Candidate is not introduced by another Recruiter and the Recruiter would be legible for the Placement Fee. In such a case Masharq.com will investigate and based upon the available proof will make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Masharq.com decision on this matter shall be final. 

The Employer will pay all Placement Fees due in full and in a timely fashion, according to the Terms and Conditions contained here.

Once an offer has been accepted by a Candidate The Employer shall inform The Recruiter and provide the date of joining immediately so The Recruiter can raise the invoice for the Placement Fee.

The Employer shall satisfy himself as to the suitability of any Candidate for the purposes of the Vacancy for which the Candidate has been introduced.

The Employer shall keep the information of all provided Candidate CVs by The Recruiter through Masharq.com confidential.

The Employer shall be responsible for the Placement Fee in case of:

  • An initial rejection of a Candidate but later employed or engaged in any way within the period of six months of the initial introduction.  
  • Introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Employer,

 

If a Recruiter has submitted a Candidate CV to the Employer through Masharq.com, but the Employer has previously received the CV and decides to employ or engage from a source other than this Recruiter, the Employer is obliged to provide the proof that the new engagement was not the result of the Recruiter's submission, but rather of having received the CV previously. The Employer considered having the right of ownership of candidates, starting from the date of the CV submission offline Masharq.com and for the duration of six months. If the Candidate be employed by the Employer during this Period the Employer will not have to pay any fee. In such case, Masharq.com will investigate and based upon the available proof make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Masharq.com decision on this matter shall be final. 

The Employer is obliged to inform Us if a Recruiter contact directly to work around, avoid or otherwise exploit the Masharq.com Services with the intent or effect of undercutting our Services, or depriving Us of due compensation, Placement Fees.

The Employer shall pay the Recruiter invoice in respect of each Accepted Candidate and upon the job commencement of the accepted Candidate at the Employer or any other organizations introduced by the Employer and the Placement Fee is payable within Thirty (30) days from the start day of the accepted Candidate. For the avoidance of doubt, no Placement Fee shall be payable in respect of introduced Candidates who are not accepted.

If the Employer has any concerns regarding a Placement Fee, he has to inform Us by e-mailing through info@masharq.com and inform the particular Recruiter within Fifteen (15) days from the date of an invoice, otherwise, the Employer considered to have accepted the Placement Fee.      

The Employer may be charged a late payment charge in case of not paying by the due date of the raised invoice by the Recruiter and Masharq.com reserves the right to recoup any collection costs incurred in respect of any late payments.

3.2 Refund / Replacement

In case of an Accepted Candidate resigns or is terminated from employment within the first three (3) months of appointment, provided that such resignation or termination is not the result of restructuring or a change in responsibilities or reporting lines, then The Employer shall notify The Recruiter in writing through Masharq.com and The Recruiter shall re-conduct the search to attempt to find a suitable replacement acceptable to The Employer at no additional cost.

Within SEVEN DAYS of the termination, or Candidate resignation The Employer shall notify The Recruiter in writing through Masharq.com.

Refunds are available in the case of only for The Employer who paid strictly in accordance with the payment terms (thirty (30) days from the start day of the accepted Candidate)

Amount Refundable

0-60 days           100%

61-90 days          50%

The refund should be re-paid to the Recruiter if a Candidate reengaged on any basis whatsoever by the Employer or by any subsidiary associated or tied company within Six (6) months of the engagement.

4. GENERAL TERMS AND CONDITIONS

4.1 Termination

You may terminate this Agreement by giving not less than Thirty (30) days written notice to info@masharq.com, otherwise, the Agreement shall remain in full force and effect.

We may terminate this Agreement and Your access to the Website and the Service if You breach any provision of this Agreement. We may, at Our discretion, terminate this Agreement and Your access to all or part of the Website and the Service without the need to provide reasons.

Termination of this Agreement will not end all provisions of the Agreement survive termination, including, without limitation: ownership provisions, warranty disclaimers, and limitations of liability.

 

4.2 Disclaimer of Warranties and Limitation of Liability

You agree that the website and contents are provided to you "as is" and "as available" without any warranty of any kind, express or implied. Masharq.com does not warrant that the Website will be available at any given time, secure, or free of error.

You understand and agree that in no event will Masharq.com be liable to you for any direct or indirect damages, even if Masharq.com is aware of the possibility of such damages, including without limitation loss of profits or for any other special, consequential, exemplary or incidental damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory. The Employer and the Recruiter agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms. We have the right to accept or reject any application to register, and may suspend or cancel such registration at any time, for any reason, and without warning. In such cases; we shall be under no obligation of any kind toward the Employer and the Recruiter.

4.3  Copyright and Restriction

This Website is controlled and operated by Masharq.com. All material on this Website, including images, illustrations and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your internal, non- commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly, without the prior written consent from Us. You grant to Us permission to use Your name and trade marks to promote Our relationship with You publicly (including on the Website) unless otherwise it is made in writing.

4.4 Feedback and Rating

Masharq.com will allow the review of Feedback & Rating for both parties The Employer and The Recruiter. These Feedback & Rating are based on the result of performing the business including but not limited to; late response, late payment, professionalism, quality of Candidates, which may effect The Employer and The Recruiter Feedback & Rating on Masharq.com.

4.5 Entire Agreement

This Agreement contains the entire Agreement between The Employer and The Recruiter with respect to the Masharq.com services of this Agreement and supersedes all other written and oral communications, arrangements or understandings between The Employer and The Recruiter relating to such subject matter.  Despite any provision to the contrary, nothing in this clause or this Agreement limits or excludes either The Employer and The Recruiter liability for fraudulent misrepresentation or fraud.

4.6 ​​​​​​​​​​​​​​Governing law and jurisdiction

This Agreement and any dispute or claim arising in connection with it shall be governed by the laws and regulations of the Hashemite Kingdom of Jordan, and shall have jurisdiction over any and all disputes that may arise.

5. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:

“Website”

The Website operated by Us at www.masharq.com.

“Website User”

Any person who has access to, or uses, the Website using an Account.

“Marketplace”

Means our Website in which Employers may post Vacancies and source Candidates and Recruiters may submit Candidates to Vacancies.

“Marketplace Service”

The recruitment service that authorizes the Employer to search, Candidate CVs from more than one Recruiter provided by Us as part of the Service.

“Recruiter”

Any person or individual, firm, company, limited company, a limited liability partnership, a sole trader, a partnership or any other individual who engages The Employer through Masharq.com to provide services in accordance with this Agreement.

“Employer”

Means an individual, firm, company,  limited company, a limited liability partnership, a sole trader, a partnership or any other individual which uses the Masharq.com services to find Candidates for Employment.

“Candidate”

A person presented through a direct or indirect way, by the Recruiter to the Employer through the Masharq.com services, to be considered for a Vacancy.

“Account”

An Account on the Website (either as Recruiter, Recruitment Agency or Employer) created by you.

“Vacancy”

A position that is ongoing and posted by an Employer through Masharq.com.

“Agreement”

The Agreement between You and Us comprising these Terms and Conditions.

“Engagement”

Employer approving a Recruiter's request to engage in respect of any Vacancy posted on Masharq.com for him to source and submit Candidates.

“Placement”

Employment or engagement of a Candidate by or on behalf of the Employer through a direct or indirect way following the introduction of a Candidate by a Recruiter through Masharq.com, directly or indirectly, and whether under a contract of service or contract for services or otherwise, and whether on a permanent, temporary or other basis.

“Placement Fee”

The fee payable by the Employer and set when positing a Vacancy through Masharq.com, paid to Recruiter upon the hiring of a Candidate. 

“Recruiter Fee”

The fee payable to the Recruiter by the Employer upon a Placement, which is displayed on the Masharq.com and calculated as the Placement Fee minus our Fee Twenty Five percent (25%), Our Fee payable by the Recruiter once Recruiter has received the Placement Fee from the Employer.

“Fee Period”

Is the six months period that a Recruiter considered to have the right of ownership of the Candidate, starting from the date of the CV submission through Masharq.com.

CONTACT US

If you have any concerns regarding the Website or to receive further information regarding use of the Website, please contact us at:

info@masharq.com

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