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.
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”).
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.
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.
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.