SARWIN HR AGENCY
These Terms and Conditions (“Terms”) govern the recruitment and related services provided by Sarwin HR Agency (“Agency”) to employers, companies, firms or entities (“Client”). By engaging, accessing or utilizing the Agency’s services, the Client irrevocably agrees to be bound by these Terms in full.
The Agency acts solely as a recruitment facilitator and talent sourcing service provider and does not function as an employer, guarantor, insurer or supervisor of any candidate introduced to the Client. The Client acknowledges that all final hiring, employment management and statutory obligations rest exclusively with the Client.
All recruitment fees paid or payable to the Agency are strictly non-refundable under all circumstances, including but not limited to candidate dissatisfaction, performance issues, internal restructuring, role changes, termination or voluntary resignation, except as expressly stated in Clause 3 herein.
In the event that a candidate placed by the Agency voluntarily resigns within fifteen (15) calendar days from the official date of joining, the Agency shall, subject to feasibility, provide a replacement candidate for the same role without charging an additional recruitment fee. No cash refund, credit note or fee adjustment shall be applicable, and this replacement obligation shall be limited to one instance only.
The Agency shall not be held responsible or liable for any failure by the candidate to perform duties satisfactorily, meet expectations, maintain discipline, comply with company policies or commit fully to the assigned work. All matters relating to supervision, appraisal, disciplinary action or termination shall remain the sole responsibility of the Client.
The Agency expressly disclaims all liability for any acts of theft, fraud, misappropriation, misrepresentation, discrimination, harassment, negligence, criminal activity or unlawful conduct committed by the candidate either during or after employment. The Client agrees to conduct independent verification and monitoring as deemed necessary.
Any background verification conducted by the Agency shall be preliminary in nature and based on candidate-provided information. The Agency does not warrant or guarantee the accuracy, completeness or authenticity of such information and shall not be responsible for discrepancies identified at a later stage.
Candidate profiles, resumes and related data shared by the Agency are confidential and intended solely for the Client’s internal hiring purposes. The Client shall not share, reuse or circulate such information to third parties without prior written consent of the Agency.
The Client agrees not to directly or indirectly hire, engage or refer any candidate introduced by the Agency through alternative channels or third parties without formal acknowledgment and settlement of applicable recruitment fees.
The Agency reserves the right to refuse, suspend or terminate services at its sole discretion in cases of non-payment, policy violation, misrepresentation or misuse of candidate data, without any liability or obligation for compensation.
The Agency shall not be liable for failure or delay in performance due to circumstances beyond reasonable control including, but not limited to, natural disasters, government actions, labor disputes, system failures or unforeseen events.
These Terms shall be governed by and construed in accordance with the laws of India, and all disputes shall be subject to the exclusive jurisdiction of the competent courts therein.
The Agency reserves the right to amend, modify or update these Terms at any time without prior notice. Continued use of the Agency’s services shall constitute acceptance of the revised Terms.