A. Terms of Services for Job Seeker’s
1. Job Posts or Job Listings
Sapital Consultants may make available Job Posts advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Posts”), through Sapital Consultants search results or otherwise through the Site. Searching for Job posts on Sapital Consultants is free as well as paid for Job Seekers. Job Posts are created and provided by third parties and Sapital Consultants’ Recruiters over whom Sapital Consultants exercises no control; you acknowledge and understand that Sapital Consultants has no control over the content of Job Posts, links to or from Job Posts, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Sapital Consultants assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Posts, Company Pages, screener questions and responses, and assessments. Additionally, Sapital Consultants may provide search options to narrow down Job Posts search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Sapital Consultants, and may not directly or accurately reflect the content of the Job Posts. Sapital Consultants may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Ad on a certain page is not a representation regarding the nature of the role for legal purposes. While Sapital Consultants may in some circumstances be compensated by employers who post Job Posts, all Job Posts are considered advertising. Sapital Consultants displays Job Posts based on a combination of employer bids and relevance, such as search terms, and other information provided and activities conducted on Sapital Consultants. You are not permitted to use Sapital Consultants Site or its content other than for non-commercial purposes. For purposes of this Section A of the Sapital Consultants General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. Sapital Consultants may provide functionality to call a mobile number contained in a Job Ad using the phone app on a mobile device. Sapital Consultants cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
2. Resumes and Recommended Jobs
By creating a public resume through the Site, you are requesting and authorizing Sapital Consultants to make available your resume to third parties, such as Employers, that Sapital Consultants believes may have an interest in your resume. By creating or uploading a resume on Sapital Consultants (The “Sapital Consultants Resume”), Sapital Consultants may share with you Job Posts that match the contents of your Sapital Consultants Resume. Sapital Consultants may also highlight to you items in your resume that may match qualifications from the Job Post, or highlight to you items that appear in the Job Post and may be missing from your resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Posts does not guarantee job interviews or hiring. Even where Sapital Consultants highlights items or a Job Posts is shared with you, Sapital Consultants assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Posts or highlights. Sapital Consultants assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Sapital Consultants to do so. To mitigate fraud, Sapital Consultants may mask or hide your contact information, such as your email address, from your resume or application, for example, and may substitute it with an alias. Sapital Consultants makes no promise to you about whether all or part of your contact info will be masked, and the decision to mask such info is at Sapital Consultants sole discretion. Sapital Consultants assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Sapital Consultants to do so. Sapital Consultants reserves the right to limit your ability to set your resume to public, and may toggle a public resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Sapital Consultants’ discretion.
Sapital Consultants may also automatically send you recommended jobs via the email address you use to create the Sapital Consultants account or apply to a job. Sapital Consultants may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your Sapital Consultants Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Sapital Consultants.
3. Applying to Jobs through Sapital Consultants
Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“Sapital Consultants Apply”), is subject to this Agreement and to Sapital Consultants Privacy Policy. Once you provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), Sapital Consultants does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. (All references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Sapital Consultants” or any similar references mean “Sapital Consultants Apply.”) Sapital Consultants may use your application materials to determine whether you may be interested in a Job Listing, and Sapital Consultants may reach out to you about such Job Listing. Sapital Consultants may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, Sapital Consultants in its sole discretion may impose limits on your ability to apply to Job Listings or to other Sapital Consultants services. In addition, when you indicate your interest in a Job Listing through Sapital Consultants Apply or by hiring event you are sending your resume and application information to Sapital Consultants, and you are requesting and authorizing Sapital Consultants to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Sapital Consultants to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via Sapital Consultants Apply or Sapital Consultants relay system, or store such application, you understand that this is without warranty, and that Sapital Consultants reserves the right to reformat such application or message.
You acknowledge and agree that Employers may request that Sapital Consultants assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to Sapital Consultants into one document, and you agree that in doing so, Sapital Consultants assembles these application materials on your behalf. When you apply for a job on Sapital Consultants you agree to Sapital Consultants performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Sapital Consultants being processed and analyzed by Sapital Consultants according to this Agreement and Sapital Consultants Privacy Policy.
When you apply to a job using Sapital Consultants Apply, Sapital Consultants will attempt to send your application to the contact information provided to us by an Employer or their Recruiters. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Sapital Consultants also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, Sapital Consultants may alert you when any of the above events occur. Please note that Job Posts may expire between the time you submit your application and from the time it is received. Sapital Consultants has no responsibility for expired Job Posts or for delivering applications prior to a Job Ad’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs).
By using Sapital Consultants, you agree that Sapital Consultants is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that Sapital Consultants does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Sapital Consultants does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Sapital Consultants cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Sapital Consultants may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and Sapital Consultants does not guarantee that updating a resume or application will result in any job offer. Sapital Consultants does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Sapital Consultants cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Sapital Consultants recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Sapital Consultants does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
Sapital Consultants may use your application materials (including resumes and responses to screener questions) and the recency of your activity on Sapital Consultants to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that Sapital Consultants may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Sapital Consultants may also use such information in order to improve the Site or any other Sapital Consultants product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). Sapital Consultants may also highlight to you items in your prior application materials (including items in your resume and past responses to screener questions) that may match qualifications from the Job Listing, or highlight to you items that appear in the Job Listing that may not match your application materials. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where Sapital Consultants highlights items or a Job Listing is shared with you, Sapital Consultants assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights.
By using Sapital Consultants Apply and answering screener questions, you acknowledge that Employers may have instructed Sapital Consultants to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that Sapital Consultants has no discretion in the transmission of these rejections. Sapital Consultants may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Sapital Consultants to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to Sapital Consultants their interest in your application. You acknowledge and agree that Sapital Consultants has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on Sapital Consultants within the time period selected by the Employer.
When you search for jobs on the Sapital Consultants Job Search app and proceed to apply for a job, including jobs on third party sites, Sapital Consultants may suggest information from your Sapital Consultants profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
4. Communications and Other Actions on the Site
When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, Sapital Consultants may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Sapital Consultants product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Sapital Consultants may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. Sapital Consultants may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on Sapital Consultants, and you hereby consent to Sapital Consultants taking such actions.
If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.
Sapital Consultants may offer you the opportunity to receive a interview reminder from Sapital Consultants when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the Sapital Consultants consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Sapital Consultants will only send you a text message reminder for such an interview and you agree to accept such text message reminders on your cell phone, including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, Sapital Consultants Apply, Sapital Consultants Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response. Once an Employer has your contact info, you agree that Sapital Consultants is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. Sapital Consultants disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Sapital Consultants reserves the right to turn on or enable Sapital Consultants Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that Sapital Consultants Chat or other communication options are available for a particular job or Employer. For Sapital Consultants Chat, you may access or view your messages by visiting your Sapital Consultants Chat messages dashboard. Sapital Consultants may, in its sole discretion, turn off or disable Sapital Consultants Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using Sapital Consultants Chat to communicate with an Employer, Sapital Consultants will deliver your messages as instructed by the Employer.
5. Virtual Communications
Employers may offer you the opportunity to participate in virtual and remote communications using Sapital Consultants products, including but not limited to, Sapital Consultants Interview, Sapital Consultants Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that Sapital Consultants is not a telecommunications service provider and that Sapital Consultants is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. Sapital Consultants does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. Sapital Consultants is not liable for any claims arising out of your use of Virtual Interviews and you release Sapital Consultants from any such claims.
You understand that Sapital Consultants does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.
You understand and agree that there is no protection for any information you share or data that you transmit while participating in virtual interviews, including but not limited to audio/visual content, interview questions and answers, or your image or likeness. You acknowledge and agree that Sapital Consultants is not responsible for securing or protecting any data or information that you share or transmit during your use of virtual interviews. Sapital Consultants assumes no liability for the misuse of any data you share or transmit through use of virtual interviews.
You understand and agree that you access and use virtual interviews at your own discretion and risk, and that Sapital Consultants disclaims all liability arising out of your use of virtual interviews.
Let me know if you need any further refinements!
6. Sapital Consultants Assessments
Sapital Consultants Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may use the Sapital Consultants Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the Sapital Consultants Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment.
An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed Sapital Consultants to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that Sapital Consultants has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.
You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that Sapital Consultants does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. You further agree that Sapital Consultants is not responsible for offering alternative methods of screening
You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.
Sapital Consultants does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on Sapital Consultants. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), Sapital Consultants cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your Sapital Consultants Profile or for another job application.
Sapital Consultants may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your Sapital Consultants Profile. You may choose whether the Response is available to Employers viewing your Sapital Consultants Profile, though Sapital Consultants will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.
As a Job Seeker, you consent to your Responses, applications, and any other communications sent through Sapital Consultants Assessments being processed and analyzed by Sapital Consultants according to this Agreement and Sapital Consultants’s . You are requesting and authorizing Sapital Consultants to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your Sapital Consultants Profile. You understand that this is without warranty, and that Sapital Consultants reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Job Seekers. Sapital Consultants may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. You also acknowledge that once you have requested that Sapital Consultants transmit your Response to an Employer, that request cannot be canceled. Sapital Consultants does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Sapital Consultants may alert you when any of the above events occur.
As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the India), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.
As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.
Sapital Consultants is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not Sapital Consultants receives a fee from the Employer in connection with the transaction. Sapital Consultants will not be liable for any costs or damages arising out of or related to such a transaction.
Sapital Consultants assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Sapital Consultants Assessments tool, and any Assessment or Response.
7. Salary, Career, Hiring and Other Information Provided by Sapital Consultants
Sapital Consultants may provide some information and content to users for informational purposes only. For example, Sapital Consultants may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by Sapital Consultants is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Sapital Consultants may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Sapital Consultants, including from Sapital Consultants affiliates. These figures are given to Sapital Consultants users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Sapital Consultants may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Sapital Consultants assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Company Page. Please contact the employer for the most accurate and up-to-date company information.
Sapital Consultants may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of Sapital Consultants and that Sapital Consultants is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. Sapital Consultants does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, Sapital Consultants will have no liability arising from any discussion you have with such a third party.
8. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and Sapital Consultants knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Sapital Consultants, information you provide directly to Sapital Consultants including desired salary, or past experience, or information in the “About me” part of your profile, or any of your other behavior on the Site or information provided. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. If you have an Sapital Consultants account or an Sapital Consultants Resume, you agree that Sapital Consultants may associate this data with your Sapital Consultants Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Sapital Consultants. You also agree that Sapital Consultants may contact you based on this observed behavior or provided info on behalf of Employers or Sapital Consultants itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, Sapital Consultants may publicly display the fact that you have recently used the Sapital Consultants Site to correspond with a third party. In addition, if you set your Resume to public, this means that Sapital Consultants may share all of the aforementioned information about yourself with third-party Employers.
9. Screening Tools
Sapital Consultants may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. Sapital Consultants is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by Sapital Consultants.
10. Sapital Consultants Hiring Platform
Sapital Consultants Hiring Platform is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to various products such as Sapital Consultants Interview, or related services (“Sapital Consultants Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by Sapital Consultants Hiring Platform. You acknowledge and understand that Employers select the method and manner that Sapital Consultants Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. You understand and agree that employer is responsible for complying with applicable law regarding its employment and hiring practices, and that employer indemnifies Sapital Consultants against any and all claims arising from employer’s use of Sapital Consultants hiring platform or similar products. Sapital Consultants disclaims all liability and makes no warranty that employer’s use of the services complies with title vii or any similar law. Sapital Consultants has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further.
11. Payment
Sapital Consultants takes money in only 1 way. That is post salary fee, it’s called a PAS (Payment After Service). PAS is a 50 per cent commission from the first month offered salary; rules may differ as per the plan; for more information, you can see the pricing section in the dashboard.
In case of a non-payment, Sapital Consultants can blacklist you. For more information, you can see section 12.8.
12. The right to blacklist
Sapital Consultants reserves its right to blacklist a candidates for a variety of reasons
- Wrong commitment to recruiters or companies HR.
- You waste a recruiter’s time.
- Lying and/or exaggerating experiences.
- Being difficult to reach.
- Too many calls per week.
- Rejecting a job offer at the last moment,
- Being unprofessional and/or disrespectful.
- Not paying Sapital Consultants’s professional fees or PAS
- More than 3 times absent in overall interviews provided by Sapital Consultants or their clients.
Once the candidates are blacklisted then they lose the following things:
- Can not apply for any job through Sapital Consultants’s Platform.
- Blacklisted data goes to every company; it may be possible they also not entertain such candidates.
13. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, if you are located in the India, If you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Raipur, Chhattisgarh in India. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in India.
14. Class Action Waiver
By using the Site and in return for the services offered by Sapital Consultants, you acknowledge that Sapital Consultants can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Sapital Consultants as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Sapital Consultants regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.
15. Refundable Policy
Sapital Consultants will charge non-refundable fees for the services provided, as outlined in the agreement or terms agreed upon. Once the fees are paid, they will not be refunded under any circumstances.
B. Terms of Services for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the Sapital Consultants General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.
1. Employer Accounts
When you create an Sapital Consultants account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Posts”) on the Site, whether as part of the Sapital Consultants Ads Program or otherwise, you agree that this Agreement, the terms associated with any Sapital Consultants service you are using, and all of Sapital Consultants’s policies, including the Sapital Consultants Privacy Policy and Cookie Policy, apply to you. When you create the Sapital Consultants account, Sapital Consultants may require that you verify your identity through own team or a third party service
As an Employer, your account is for business use and not for personal use. Sapital Consultants is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a Sapital Consultants account, you agree to receive mandatory email updates regarding anomalous activity to your Sapital Consultants account. If you attempt to send an email from a name or email address that is not true, accurate, and current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the India to an address outside the India, or from an address outside of the India to an address inside the India, you will continue to be bound by this Agreement with the same Sapital Consultants party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Sapital Consultants party identified in the first paragraph of this Agreement with respect to such new territory.
2. Employer Services Including Sapital Consultants Apply and Screener Questions
You also agree that, as a service to Job Seekers, Sapital Consultants may activate its Sapital Consultants Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Sapital Consultants Apply, and that Sapital Consultants will send applications to the email address, whatsapp and messages you provide us with. You also agree that Sapital Consultants may activate a chat bot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use Sapital Consultants candidate management tools, including but not limited to your Employer Dashboard, or by activating the Sapital Consultants Apply relay function for your Job Listings, you acknowledge and agree that Sapital Consultants may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing Sapital Consultants to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to Sapital Consultants into one document. You further agree that Sapital Consultants is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to Sapital Consultants and requesting and authorizing us to make available such information to the applicable Job Seeker. For example, when you choose whether a qualification is preferred or required, this information may be highlighted to Job Seekers. Additionally, you consent to any information shared through Sapital Consultants being processed and analyzed by Sapital Consultants according to this Agreement and Sapital Consultants’s Privacy Policy. Sapital Consultants may store such information regardless of whether a job vacancy has been filled.
You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through Sapital Consultants Apply or otherwise, and agree that Sapital Consultants is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Sapital Consultants may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason.
When you use the Sapital Consultants Apply relay function for your Job Listings, you acknowledge and agree that Sapital Consultants may add functions into the corresponding Sapital Consultants Apply emails. In addition, Sapital Consultants may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Sapital Consultants may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct Sapital Consultants to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such an option, you agree you are instructing us to send out rejection notices to such candidates and set them to reject in your candidate dashboard.
3. Job Match
Sapital Consultants may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on Sapital Consultants to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that Sapital Consultants may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. Sapital Consultants may also use such information in order to improve the Site or any other Sapital Consultants product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
4. Salary, Applies or Other Information Provided by Sapital Consultants
Sapital Consultants may provide some information and content to users for informational purposes only. For example, Sapital Consultants may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by Sapital Consultants are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the Sapital Consultants Ads Program, please note that this is not the information you are purchasing from Sapital Consultants and you are not charged per apply. Sapital Consultants may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Sapital Consultants, including from Sapital Consultants affiliates. These figures are given to Sapital Consultants users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Sapital Consultants may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and Sapital Consultants does not guarantee their accuracy. Sapital Consultants reserves the right to change the method of measuring such figures at any time.
5. Screening Tools
Sapital Consultants may make available to you screening tools for your use during the application process, including screener questions, phone screen tools and assessments. Sapital Consultants is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Sapital Consultants, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Sapital Consultants. You are the sole party to determine which answers will qualify a candidate.
6. Communication through Sapital Consultants
You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site Sapital Consultants Apply, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to make an interview slot and fix the interview with the Job Seeker using Sapital Consultants’s Dashboard. Job seekers are present and absent depending on jobseekers behaviour and situation Sapital Consultants is not responsible for these activities, we can blacklist them if they do such an act again and again. Once a Job Seeker has your contact info, you agree that Sapital Consultants is not responsible or liable for the manner in which the Employer uses the info. a message being sent is intended for a closed account, these messages will not be deliverable.
7. Class Action Waiver
By using the Site and in return for the services offered by Sapital Consultants, you acknowledge that Sapital Consultants can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Sapital Consultants as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Sapital Consultants regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
8. Compensation:
Sapital Consultants offers 2 types of payment options one is Postpaid Payment Method and Prepaid Payment Method.
9. Candidates:
Any candidate sponsored by us or apply through our portal will be treated as our candidates, absorbed for any position by your Organization or sister companies, If any, within two years from date of submission of resume or profile details’. This would be effective in spite of termination of agreement within this period.
10. Validity:
These terms and conditions would be valid until either party has given a written intimation for discontinuation or renewed at mutually agreed upon terms and conditions. Charges for the candidates selected from the CVs submitted during the validity of this agreement would be as per the terms and conditions agreed upon in this agreement.
11. Termination
This agreement will remain in force until you or Sapital Consultants terminate the contract in written notice by email to info@sapitalconsultants.com. The CVs, Candidates profile and Invoice submitted by the Sapital Consultants, will remain valid even after the termination and Sapital Consultants will have the right to receive payment.
12. Prohibited Uses:
You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Sapital Consultants all rights to copy, distribute and display Creative (“Use”); and (c) such Use and websites linked from any content posted via any Sapital Consultants dashboard will not violate or encourage the violation of any applicable laws. Violation of these policies may result in immediate termination of your account without notice and may subject you to legal penalties and consequences. Sapital Consultants may reject or remove any content posted in portal, and Sapital Consultants may disable any Employer’s account, for any or no reason without notice.