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INDEMNIFICATION

The Parties agree to hold each other and their respective officers, directors, employees, partners, representatives, agents indemnified and harmless from and against any and all losses, damages, liabilities, obligations, etc. (including without limitation reasonable legal costs) incurred, suffered or due to any default or negligence of the other Party in respect of any obligations under this Agreement or from any third party claims or any express representation or warranty is found to be false or misleading in any material respect. Mihnati shall not in any manner be responsible for the data that is submitted, generated or transferred through the use of the Job Engine as a result of which the applicant or any other person is affected in any manner.

CONFIDENTIALITY

In addition to any other confidential information, all information relating to software products (whether owned or licensed by the Parties), know-how, design specifications, strategies, algorithms, technical formulas, engineering data, benchmark test results, methodologies, procedures, techniques, information processing processes, models, consumer behaviour insights, mathematical expressions, algorithms and proprietary marketing concepts and the physical embodiments of such information, drawings, specification sheets, design notes, source code, object code, load modules, schematics, flow charts, logic diagrams, procedural diagrams, coding sheets, worksheets, documentation, annotations, printouts, studies, manuals, proposals, any other written or machine-readable manuals, information concerning or relating to the way the Parties conduct their business, and any information in addition to the foregoing which is not generally known to the public or within the industry or trade in which the Parties compete which gives it an advantage over its competitors shall be regarded as confidential information of the Parties (the “Confidential Information”).

  1. The Parties agree and acknowledge that the Confidential Information shall not be disclosed to any third party, without the prior written authorization of the Party from whom the Confidential Information originates. Any unauthorized disclosure shall constitute a breach of this The agreement, which shall cause irreparable loss to the Party to whom the Confidential Information belongs. In the event of such disclosure, the aggrieved party shall be entitled to claim liquidated damages from the disclosing Party,
  2. in addition to any other remedy available under the applicable law. Disclosure of Confidential Information shall not constitute a breach if disclosed:
    1. To any person directly responsible for the performance of obligations under this Agreement and to such employees of the Parties that require to be informed thereof, for the effective operation of this Agreement;
    2. With written prior approval of the concerned Party and to the extent necessary for effectively carrying on the business arrangement between the Parties;
    3. In respect of any such information as is or may become part of public domain through no fault of the Parties; or
    4. If required by law, or where disclosure is necessary in connection with the assertion of any claim or defence in judicial or administrative proceedings
  3. The Parties shall take all necessary steps to ensure that their own employees or employees to whom Confidential Information is disclosed to take all possible precautions to prevent the unauthorized disclosure of such Confidential Information.
  4. The Parties agree that the provisions contained herein with regards to confidentiality of information shall survive the termination of this Agreement and that they shall continue to bind the Parties regardless of whether their rights under this Agreement are terminated.

TERMINATION OF SERVICE

This Agreement shall come into force upon the execution of this Agreement (the “Effective Date shall be the date of signing of a contract between Mihnati and the client) and shall be valid for a period of twelve (12) Gregorian months.

This Agreement shall be automatically renewed for a successive twelve (12) Gregorian month term thereafter, unless termination notice is issued by the client to Mihnati.com via an official email, 30 days before the renewal date i.e. Effective Date of this contract/agreement between the client and Mihnati.com

In case of Non-intimation, the contract will be renewed automatically or if informed after the notice period, 100% of the renewal amount of the renewal will be due in full.

At the stage of Termination, Mihnati will not be liable to transfer the cvs; unless; both parties agreed at the time of contract for the migration of data, (should be mentioned in the pricing Module). In case of this is agreed, Mihnati shall provide the copies of CV’s uploaded by the candidate in its original format (doc, pdf, RTF, txt, and HTML). Mihnati will be obligated to provide The CV’s in 30 working days after the expiry and/or termination of the contract.

In case client requires copies of the CV earlier than 30 working days then the client can utilize the premium service of Mihnati.com and will be charged 20% of the value of the contract (+ VAT). The payment for this service must be made before the copies of CV’s are made available.

Mihnati holds no responsibility whatsoever for the loss of any data during migration.

FORCE MAJEURE

Neither Party shall be liable to the other under this Agreement, for failure to perform any of its obligations under this Agreement, or for any loss or damage which may be suffered by the other party due to any cause beyond a Party‟s reasonable control including without limitation any acts of God, strikes, lock-out or other industrial disturbances, acts of public enemy, wars, military operations, political unrest, acts of terrorism, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, fire, floods, drought, washouts, explosions, act or omission of Government, highways authorities, administrations or other competent authority (the “Force Majeure Event”). This clause shall not apply to any failure to pay amounts due under this Agreement. However, in the event that the Party that is unable to perform in the context of this clause shall inform the other Party in writing of its inability, within five (5) days of the occurrence of the Force Majeure Event. In the event that a Force Majeure event continues beyond a period of ninety (90) days or more, either Party may give the other Party a notice to terminate this Agreement, with immediate effect.

INTELLECTUAL PROPERTY

The ownership of all rights in the trademarks, copyrights, design rights, patent rights, source codes, data, servers, platforms, software applications, Confidential Information or other intellectual property rights of a Party (collectively referred to as the "Intellectual Property Rights") shall at all times remain the exclusive property of the respective Party and nothing contained in this Agreement shall be construed to confer or create a right in favour of either Party to use or appropriate the Intellectual Property Rights of the other Party without the written consent of that Party. Neither Party shall, directly or indirectly, infringe, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Intellectual Property Rights of the other Party.