1. Introduction
Welcome to the GrowthX Talent Platform! Before engaging with our services, carefully review and understand the following detailed Terms and Conditions ("T&C"). By accessing our platform, you explicitly agree to comply with and be bound by these terms.
2. Services Provided
GrowthX provides comprehensive recruitment services to connect you with potential candidates from our dynamic ecosystem to fill your specific job vacancies across product, growth, marketing & strategy functions.
2.1 Client Responsibilities
To facilitate an efficient hiring process, the Client agrees to:
- Post all open roles with complete details on the GrowthX Talent platform.
- Assign a dedicated Point of Contact (POC) for each role to ensure clear and continuous communication.
- Aim to close applications within two business days to enhance candidate engagement and accelerate hiring timelines.
- Maintain a feedback loop post-interviews to support improvements in candidate sourcing and selection.
3. Placement Fee
3.1 Fee Structure
For each hire facilitated by GrowthX, the client will incur no placement fee until February 28, 2025. After this date, the client agrees to pay a placement fee of 7.5% of the annual gross salary of each hired candidate. This fee includes both fixed and variable salary components but expressly excludes any equity components, such as ESOPs. For all roles posted on or before February 28, 2025, no placement fee will apply, regardless of whether the offer is extended or accepted after this date. However, a placement fee of 7.5% of the candidate’s Cost to Company (CTC) will apply to any roles posted after February 28, 2025. Payment is due within 30 days of the candidate's official onboarding date.
3.2 Late Fee
If payment is not received within the stipulated 30 days from the date of the invoice (which will be the date of the candidate’s onboarding), the Client shall be subject to a late fee. The late fee is calculated at the rate of 18% per annum, accruing from the due date until the actual payment date.
3.3 Payment Obligation
Even if the contract ends, the Client understands they still need to pay the placement fee and any late fees that apply for any candidate hired during the contract period.
4. Replacement
In the event of the termination of a hired candidate within 90 days (excluding termination for Cause), GrowthX commits to providing a replacement at no additional cost or a complete refund for the service charge.
4.1 "Cause" Defined:
"Cause" refers to termination by the Hired Candidate under specific circumstances:
- Termination by the Hired Candidate due to the Client not offering the initially agreed-upon role or position.
- Changes by the Client in salary, compensation, or failure to honor promised incentives, prejudicing the Hired Candidate.
- Breach of terms of employment by the Client.
- Changes in the Client's location or requiring the Hired Candidate to relocate without prior notice.
- Organizational issues of the Client, including undisclosed financial or legal problems not revealed during recruitment.
- Discharge or termination due to a layoff, downsizing, or other workforce-related reorganization by the Client.
- Discharge or termination following the Client’s strategic or organizational change, corporate restructuring, acquisition, merger, demerger, sale of assets, or any event involving a change in control, ownership, or management.
For a replacement to be eligible, the termination must not be due to any of the listed "Cause" scenarios.
5. Transparency
The Client must promptly notify GrowthX of any hired candidate within the Referral Period. The Client agrees to provide detailed information regarding the Annual Gross Salary and other compensation offered to the hired candidate along with the signed offer letter copy.
6. Service Period
This agreement is valid for lifetime from the date of execution until either of the party terminates with a prior notice. In such case, it remains active until the client has access to GrowthX Talent platform and referral period for members will be upto one year.
6.1 Referral Period:
The "Referral Period" in the GrowthX Talent Agreement is a one-year duration during which candidates referred by GrowthX to the client are considered active referrals. The client must inform GrowthX within 3 days if a candidate is already referred by another party. During this period, the client is obligated to pay the Placement Fee if they hire a candidate referred by GrowthX. This timeframe ensures transparency and proper acknowledgment of GrowthX's efforts in candidate placements.
7. GrowthX services
GrowthX facilitates communication and interaction between the Client and potential candidates. The Client assumes responsibility for evaluating candidate suitability, including any necessary pre-employment screening.
8. License
GrowthX grants the Client a limited license to access our platform and the candidate/member directory, which includes comprehensive data on individuals associated with GrowthX.
9. Confidentiality & Data Protection
10.1 Confidentiality Agreement
All information exchanged between GrowthX and the Client, including candidate details, is strictly confidential and not to be shared outside the company.
9.2 Data Disclosure
GrowthX may disclose necessary information to candidates when it is essential for the performance of recruitment services. This will include all job requirements posted on the platform or directly shared with GrowthX.
10. Non-circumvention
The Client agrees not to circumvent GrowthX in any dealings with candidates introduced by GrowthX. This applies directly or indirectly, and includes any interactions with candidates accessed through the GrowthX Platform.
11. Indemnification and Limitation of Liability
11.1 Indemnification
Both parties mutually agree to indemnify, defend, and hold harmless each other from any liabilities, losses, damages, costs, and expenses, including reasonable attorney’s fees.
11.2 Limitation of Liability
In no event shall either party be liable to the other for any indirect, consequential, incidental, special, or exemplary damages. GrowthX's total liability for any damages, losses, and liabilities to the Client is limited to the actual damages suffered by the Client or the actual consideration paid by the Client to GrowthX, whichever is lower.
12. Termination
Either party may terminate all services by providing at least 30 days' written notice. GrowthX reserves the right to terminate the Client's access to the Platform and Services immediately in case of a material breach. The referral period will remain intact in such cases.
13. Governing Law & Jurisdiction
13.1 Governing Law
These Terms are governed by the laws of India.
13.2 Jurisdiction
The courts at Bengaluru, Karnataka, shall have exclusive jurisdiction for any and all matters arising out of or in connection with these terms.
14. Dispute Resolution
Disputes shall be resolved in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The parties shall appoint a sole arbitrator, and the arbitration proceedings shall take place in Bengaluru, Karnataka, India. The language for arbitration shall be English.
15. Client’s Content
In consideration of the Services provided by GrowthX, the Client grants GrowthX a non-exclusive, and royalty-free right and license to use, reproduce, and display its content, name, trademarks, and logos in connection with providing the Services and identifying the Client as it hiring partner and the promotion and marketing of its services and products, including on the Platform and its advertising, marketing, and promotional materials.
Acceptance
By using the GrowthX Talent Platform, you expressly accept and agree to abide by these comprehensive terms and conditions.