Terms and Conditions

Terms and Conditions

PURPOSE:

esmhire.com is an online platform intended only to serve as a preliminary medium of contact and exchange of information for its users / members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services. The platform caters especially for connecting job seekers, i.e. Ex-Servicemen (ESM) and Armed Forces personnel of Army, Navy and Air Force who are going to retire from Service, and recruiters for job related enquiries and employment opportunities.

USE TO BE IN CONFORMITY WITH THE PURPOSE

esmhire.com (and related products) or service or product that is subscribed to or used (whether the same is paid for by you or not) is meant for the Purpose and only the exclusive use of the subscriber/registered user. Copying or downloading or recreating or sharing passwords or sublicensing or sharing in any manner which is not in accordance with these terms, is a misuse of the platform or service or product and ESM Hire reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping your service or access and reporting to relevant authorities. In the event you are found to be copying or misusing or transmitting or crawling any data or photographs or graphics or any information available on esmhire.com for any purpose other than that being a bonafide Purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.

The site is a public site with free access and ESM Hire assumes no liability for the quality and genuineness of responses. ESM Hire Services Private Ltd. cannot monitor the responses that a person may receive in response to information he/she has displayed on the site. The individual/company would have to conduct its own background checks on the bonafide nature of all response(s).

You give us permission to use the information about actions that you have taken on esmhire.com in connection with ads, offers and other content (whether sponsored or not) that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendations to you and others.

The platform may contain links to third party websites, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if You chose to access these websites you do so at your own risk.

Whilst using this platform an obligation is cast upon you to only provide true and correct information and in the case of creating a profile you undertake to at all times keep the information up to date. ESM Hire Services Private Ltd. will not be liable on account of any inaccuracy of information on this web site. It is the responsibility of the visitor to further research the information on the site. Any breach of privacy or of the information provided by the consumer to ESM Hire Services Private Ltd. to be placed on the website by technical or any other means is not the responsibility of ESM Hire Services Private Ltd. ESM Hire Services Private Ltd. does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the esmhire.com website or any of its other websites / domains owned and operated by ESM Hire Services Private Ltd.

ESM Hire Services Private Ltd. shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena. The user shall not utilize the services offered by esmhire.com / ESM Hire in any manner so as to impair the interests and functioning of esmhire.com / ESM Hire. The user undertakes not to duplicate, download, publish, modify and distribute material on esmhire.com. The user undertakes to use esmhire.com for his / her own purposes. Using content from esmhire.com for derivative works with a commercial motive without prior written consent from ESM Hire is strictly prohibited.

Users undertake that the services offered by esmhire.com / ESM Hire shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. ESM Hire reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by ESM Hire to relay emails. All attempts shall be made by ESM Hire and the user to abide by International Best Practices in containing and eliminating Spam.

Users shall not spam the platform maintained by esmhire.com / ESM Hire or indiscriminately and repeatedly post jobs/forward mail indiscriminately etc. Any conduct of the user in violation of this clause shall entitle ESM Hire to forthwith terminate all services to the user without notice and to forfeit any amounts paid by him.

The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

The user expressly states that the resume/insertion or information/ data being fed into the network of ESM Hire Services Private Ltd. by the user is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. ESM Hire Services Private Ltd. expressly disclaims any liability arising out of the said resume insertion/information/ data so fed into the network of ESM Hire Services Private Ltd. by the user. Further, the user agrees to indemnify ESM Hire Services Private Ltd. for all losses incurred by ESM Hire Services Private Ltd. due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the network of ESM Hire.

The User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and ESM Hire Services Private Ltd. assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.

The User/Subscriber/Visitor to esmhire.com and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer network of ESM Hire. The said User/ subscriber/ visitor to esmhire.com and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service.

THE USER REPRESENTS, WARRANTS AND COVENANTS THAT ITS USE OF esmhire.com SHALL NOT BE DONE IN A MANNER SO AS TO:

Access the Platform to extract or divulge any confidential information related to Armed Forces of India for any inimical purposes.
Access the Platform for purposes of extracting content to be used for training a machine learning or AI model, without the express prior written permission.
Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
Interfere with or disrupt computer networks connected to esmhire.com;
Impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
Interfere with or disrupt the use of esmhire.com by any other user, nor “stalk”, threaten, or in any manner harass another user;
Use esmhire.com in such a manner as to gain unauthorized entry or access to the computer systems of others;
Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes esmhire.com, or any component thereof (including, but not limited to any materials or information accessible through esmhire.com);
Use content from the Site for derivative works with a commercial motive without prior written consent of the ESM HIRE.
Use any device, software or routine to interfere or attempt to interfere with the proper working of esmhire.com; or
Impose an unreasonable or disproportionately large load on esmhire.com infrastructure.
Spam esmhire.com / ESM Hire by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam etc.
Access data not intended for you or log into server or account that you are not authorized to access;
Constitute an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Site or any related technology or any part thereof
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site
Attempt to probe, scan or test the vulnerability of a system or network;
Use automated means to crawl and / or scrape content from esmhire.com and to manually scrape content from esmhire.com;
The Site uses technological means to exclude Robots etc. from crawling it and scraping content. You undertake not to circumvent these methods.
Access the Site except through the interfaces expressly provided by ESM HIRE;
Attempt or breach security or authentication measures without proper authorization;
Providing deeplinks into esmhire.com without prior permission of ESM Hire is prohibited. Extracting data from esmhire.com using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
Subscribers shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.
Constitute hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information
1. For which you do not have all necessary rights and licenses;
2. Which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
3. Which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of esmhire.com, or that of other computer systems;
4. That is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous / blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
5. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
6. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. That belongs to another person and to which the user does not have any right to;
8. That harm minors in any way;
9. That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

The user shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.

ESM Hire Services Private Ltd. will make best efforts to do so but does not warrant that any of the web sites or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The subscription of a user shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorised personnel only.

ESM Hire Services Private Ltd. shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Payments for the services offered by esmhire.com shall be as per the service offered by ESM HIRE. Refund if any will be at the sole discretion of ESM Hire. ESM Hire offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. ESM Hire gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. ESM Hire undertakes no liability for free services. ESM Hire reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of ESM Hire (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon ESM HIRE

Subscriber/user acknowledges and agrees that ESM Hire / esmhire.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by Subscriber/user to ESM Hire under any other agreement or commercial relationship towards other products/services.

ESM Hire Services Private Ltd. further reserves its right to post the data on the website esmhire.com or on such other affiliated sites and publications as ESM Hire Services Private Ltd. may deem fit and proper at no extra cost to the subscriber / user.

The subscription / agreement between ESM Hire and the subscriber / user is not a “non-poach agreement” nor can the same be termed or used as an alternative to “non-poach agreement” in as much as ESM Hire / esmhire.com is a public site and all information posted by ESM Hire goes to the public domain except information / data which is specifically assigned a non-public / private character.

Any agreement for a subscription / usage entered into by ESM Hire does not confer exclusivity of service on any subscriber / user.

ESM Hire Services Private Ltd will not be party to any legal proceedings between a user (e.g. a subscriber) and a party contracted through the site. In case ESM Hire Services Private Ltd. is implicated in any legal proceedings, costs will be recovered from the party that names ESM Hire Services Private Ltd. ESM Hire controls and operates this Platform from its headquarters in Delhi and makes no representation that the materials on esmhire.com are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

In case a person using the world wide web/internet receives a spam or virus which includes a link to esmhire.com or to any other site maintained, operated or owned by ESM HIRE, it should not be held responsible for the same. ESM Hire assumes no responsibility for such mails.

The services provided by the websites maintained, operated or owned by ESM Hire do not extend to acting as an agent (express or implied) on behalf of any subscriber or user.

ESM Hire has no agents and does not operate through any agents save for those specifically mentioned on the home page of the website.

The Terms and conditions mentioned above regulate the usage of esmhire.com. Any person using esmhire.com in violation of the stipulations contained in the Terms and Conditions of esmhire.com shall render himself/herself liable to appropriate action in a court of law both civil and criminal.

By accepting these terms and conditions, you agree to indemnify and otherwise hold harmless ESM HIRE, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the services obtained through esmhire.com including but not limited to information provided by you or any other matter relating to esmhire.com. Any reference to duties and taxes etc in these terms of use shall include Goods And Services Tax (herein referred as GST) from the date GST law is implemented in india. Any additional tax liability arising on account of introduction of GST (whether on account of increase in rate or any change brought in by the new tax regime) would be recovered over and above the agreed contract price / service fee.

If any dispute arises between a user/users and ESM Hire arising out of use of Esmhire.com or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

These Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in New Delhi, India.

ESM Hire, esmhire.com, ESM Hire and ESM Hire Services Private Ltd. are used interchangeably and are synonymous.

The user of esmhire.com is subject to the Privacy Policy available through this link.

In case of non compliance of these Terms and Conditions or Privacy Policy ESM Hire may terminate usage rights and take down any offending information that might might have been upoloaded by such subscriber/user.

ADDITIONALLY, BASIS SERVICES CHOSEN, CERTAIN PRODUCT/SERVICE SPECIFIC CONDITIONS MAY APPLY.

Job Seekers/ Candidates
By registering on esmhire.com as job seeker and uploading your resume, you agree to the following terms:-

Registration on esmhire.com is free for Armed Forces personnel and ESM candidates/ job seekers. The candidates may be charged for the following services provided by ESM HIRE:-
1. Resume Writing. The resume of the candidate will be prepared by ESM Hire based on the inputs provided by the candidate in case of JCOs/ OR and equivalent ranks. This resume will be made available to the employers/ recruiters without any charges to the candidate. The candidate will be charged a fee for downloading his resume from esmhire.com which will be displayed to the candidate at the time of downloading. The fees will be paid in advance by the candidate and will be non-refundable.
2. Interview Preparation. The candidate will be charged for this service in case he/she opts for it as applicable from time to time.
3. Placement Charges. In certain cases ESM Hire will charge the candidate a percentage of the annual/ monthly salary, as per the case. The fees will be deposited in advance by the candidate prior to his interview by the recruiter. In case the individual is not selected, the placement fees may be carried forward for next appointment or refunded as per choice of the candidate. The refund will be subject to deduction of charges for transfer of funds as applicable.
The resume uploaded by the candidate/ user will contain no information breaching the Official Secrets Act 1923 or any amendments/ addendums thereto. The resume will also not include any matter that affects the functioning or reputation of the Armed Forces of India adversely.
The resume uploaded by the user shall not be utilized by the user for uploading/transmitting content which is illegal or objectionable in any manner.
You will not post or transmit any content that is abusive, obscene, sexually oriented or against national interest. ESM Hire reserves the right to suspend your profile if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.
The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated.
The amount paid entitles the subscriber alone to the service by ESM Hire for a period of subscription opted for from the date of up-linking of the resume on the website Esmhire.com or such other mirror or parallel site(s) as ESM Hire may deem fit and proper but such web host shall be without any extra cost to the subscriber / user.
ESM Hire reserves the right to modify/delete the profile contents at its own discretion without prior notice if the contents of profile are deemed unfit for broadcast.
The user will be contacted on the mobile number provided at the time of registration, and will continue on the new number if changed by the user.
ESM Hire offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume/ insertion or information/data is fed by the user.
ESM Hire neither guarantees nor offers any warranty about the credentials of the prospective employer/organization which downloads the information and uses it to contact the prospective employee / visitor / user / subscriber.
ESM Hire neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user.
The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by ESM Hire at its sole discretion without prior notice to the users.
ESM Hire shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.
It shall be the sole prerogative and responsibility of the individual to check the authenticity of all or any response received pursuant to the resume being displayed by ESM Hire for going out of station or in station for any job / interview and ESM Hire assumes no responsibility in respect thereof.
The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the Service (content), and the users shall accordingly indemnify ESM Hire and / or the Operator, against all third party claims relating to the users content or due to the users act, negligence or omission.
ESM Hire would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond ESM Hire’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
It shall be sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of ESM Hire by the user, for going out of station or in station for any job or interview. ESM Hire assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ date being fed into the network system of ESM Hire.
Uploading of faulty or multiple resumes by the same individual, using the same or different accounts shall entitle ESM Hire to remove the Resumes without notice to the subscriber. This service is only meant for candidates looking for suitable jobs. Any usage with commercial intent is prohibited.
ESM Hire reserves its right to reject and delete any resume/ insertion or information/data fed in by the user without assigning any reason.
The liability, if any, of ESM Hire is limited to the extent of the amount paid by the subscriber.
ESM Hire has the right to make all such modifications/editing of resume in order to fit resume in its database.
The subscription is not transferable i.e. it is for the same person throughout the period of subscription.
The subscriber undertakes that the data/information provided by him is true and correct in all respects.
The sole responsibility of the safe custody of the password shall be that of the subscriber and ESM Hire shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. ESM Hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber. When you indicate your interest in a Job Listing on esmhire.com, you are sending your CV and application information including relevant documents to esmhire.com, and you are requesting and authorizing esmhire.com to make available such application information to the applicable Employer(s) for such Job Listing(s).
In addition, by using esmhire.com, you agree that esmhire.com is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
You consent to your application, documents and any responses sent to you by the Employer or vice versa through esmhire.com being processed and analysed by esmhire.com according to these terms of use and esmhire.com’s Privacy Policy. Esmhire.com shall store and process such information regardless of whether a job vacancy has been filled. Esmhire.com may use your application materials (including public CVs and responses to employer’s questions) to determine whether you may be interested in a Job Listing, and esmhire.com may reach out to you about such Job Listing.
Information you post in public areas of ESM Hire sites or applications or make visible in the resume and profile database may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While Esmhire.com takes measures to safeguard your information from unauthorized access or inappropriate use, Esmhire.com does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of Esmhire.com or application or to a public website.
In order to use Esmhire.com, you may sign in using your Facebook/Google login. If you do so, you authorize us to access and use certain Facebook/Google account information, including but not limited to your public Facebook profile and posts. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.
The user represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Terms or to install and use the services subscribed and purchased with minimal risk of harm to you or others. You further represent that you are not purchasing the products/services for resale to others and will not do so without ESM Hire Services Private Limited’s prior written consent.
On registration you agree to: a) Making your resume searchable to clients of ESM Hire who subscribe to ESM Hire paid services and you may be contacted by such clients. We recommend that you read the privacy settings carefully and ESM Hire will not be held responsible for contacts/mails received by you. b) Receive job alerts (mails detailing jobs that match your profile as entered on esmhire.com) via email. You may remove yourself from the job alert email database by resetting this option in the Privacy Setting section of your resume c) Receive promotional mailers/ special offers. You may remove yourself from the promotional mailer email database by resetting this option on the Privacy Setting section of your resume.
ESM Hire and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the, ESM Hire sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. ESM Hire and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. ESM Hire shall not be responsible or liable for any consequential damages arising thereto.
The user agreement between a user/subscriber and ESM Hire will be treated as having been terminated in the following events: ( i ) On completion of the term for which the user/subscriber engages the services of the website; or ( ii ) In case the user/subscriber violates any of the conditions of this agreement or any other agreement entered into by him with ESM HIRE, however, such termination will be at the option and discretion of ESM HIRE; or ( iii )On writing and on such terms as agreed to by the parties mutually.
The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.
By agreeing to register at Esmhire.com, a user allows ESM Hire to get in touch with him/her from time to time on events or offers regarding jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.
The subscriber shall comply with all directions/instructions etc. issued by the Company relating to the network, the services and any/all matters connected therewith and provide the Company all other and further information and co-operation as the Company may require from time to time.
It is the responsibility of Job Seekers to verify the correctness and authenticity of the claims made by recruiters. We merely act as facilitators and do not as agents for any recruiter.
Payments to recruiters are not advised and shall be at your own risk.
Registration presumes that the users have read, understood and accepted the terms and conditions.
You are bound by the terms and conditions as mentioned herein and as stated on the site.
This service is live in India only.

Recruiter

Additional Terms applicable to Recruiters “You” accessing any portion of the website Esmhire.com:-

Non-solicitation Clause. You will not, directly or indirectly, connect with the candidate/ job seekers whose resume is provided to you by ESM HIRE, unless confirmed by ESM HIRE. The confirmation of selection of the candidate will be provided by you to ESM Hire and not the candidate directly. You will provide the salary details for the selected candidate at which he/she has been hired. The appointment letter/ joining letter for a selected candidate will be provided by you to ESM HIRE, who will provide the same to the selected candidate.
Registration of Recruiter on esmhire.com will be free of cost. The recruiter will be charged for the following service provided by ESM HIRE:-
1. Job Postings. You will be charged fees for posting of jobs on esmhire.com on a per job basis as applicable from time to time.
2. Placement Fees. You will be charged placement fees by ESM Hire at a percentage of Annual CTC of the selected candidate as applicable from time to time. You will pay the placement fees for the selected candidate to ESM Hire through the selected mode of payment within one week of the candidate joining the appointment with you/ your company.
You will not charge any amount to the candidate or take any advance payment of any kind from the candidate under any circumstances. If any such instance comes to the notice of ESM HIRE, you will be barred from ESM Hire and matter may be reported to your company officials and law enforcement agencies.
You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and this terms and conditions
You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
The onus of any misuse of personal details accessed through your account lies on You. Access to services subscribed by You may be availed of and extended to authorized personnel only i.e. persons who are bound by employment agreements and confidentiality agreements
You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as relevant under privacy laws applicable) in an expeditious and compliant manner
You agree that the responsibility for complying with a data subject /data principal request lies with the Party which holds/processes the Personal Data collected/shared
You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the Company to any sub-processors without ensuring adequate and equivalent safeguards to the Personal Data.
You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
You shall act as an independent Data Controller in respect of shared personal data obtained from the Company once the data is collected by You and You shall be responsible for its secure use at all times.
To prevent any unauthorized users from accessing your account, you should maintain control over the account/devices that are used to access ESM Hire and not reveal the password or other confidential details associated with the account to anyone.
When you use a device to access the Platform, ESM Hire may collect device location and other technical details to ensure safe access to the account.
In case any suspicious activity is noted in your account, ESM Hire may place restrictions on your account, which may extend to disabling access.

Job listing

ESM Hire shall place the information relating to vacancies on the website esmhire.com or such other mirror or parallel site(s) or in allied publications as ESM Hire may deem fit and proper but such additional web hosting shall be without any extra cost to the subscriber / user.
The insertion so displayed in the classified section of esmhire.com shall be for a fixed period (currently 30 days), which period is subject to change without notice. Every instance of refreshing and existing listing entitles you to and additional fixed period (currently 30 days) starting from the date on which the listing is refreshed and shall be counted as fresh posting.
ESM Hire reserves its right to reject any insertion or information/data provided by the subscriber without assigning any reason either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid for, may be refunded to the subscriber on a pro-rata basis at the sole discretion of ESM Hire.
By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify ESM Hire against all claims, damages arising out of actions/claims that may be made in relation to the same.
ESM Hire has the right to make all such modifications/editing of the vacancy details in order to fit its database.
The Subscriber/Recruiter will provide one email id for vacancies posted on esmhire.com. The contact information given by the subscriber for all listing should be the same and the subscriber cannot give multiple contact information/data for the purpose of listing.
All information intimated by the subscriber / recruiter and displayed by ESM Hire on esmhire.com becomes public knowledge and ESM Hire may at its sole discretion include the vacancy intimated by a subscriber for display on esmhire.com in any other media including the print media at no extra costs to the subscriber and ESM Hire shall not be held liable for usage/publicity of such information.
ESM Hire offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.
ESM Hire shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
ESM Hire would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond ESM Hire’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
ESM Hire will commence providing services only upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber.
The subscriber/Recruiter shall be deemed to give an undertaking to ESM Hire that the jobs sought to be advertised on the classified section of esmhire.com are in existence, are genuine and that the subscriber / recruiter has the authority to advertise for such jobs.
The subscriber/Recruiter must give an undertaking to ESM Hire that there will be no fee charged from any person who responds to jobs advertised on the classified section of esmhire.com for processing of applications / responses from such person.
ESM Hire reserves its right to change the look, feel, design, prominence, depiction, classification of the classified section of Esmhire.com at any time without assigning any reason and without giving any notice.
The subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual. Usage from third party premises/networks without prior written permission of ESM Hire is not permitted.
The sole responsibility of the safe custody of the password shall be that of the subscriber and ESM Hire shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. ESM Hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.
The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website

Shortlisted Candidates

ESM Hire agrees to provide the service to the subscriber only for the duration and the number of vacancies contracted for, to the best of its ability and ESM Hire shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
ESM Hire will make best efforts to use the parameters provided by the subscriber to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by the subscriber
ESM Hire would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond ESM Hire’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
ESM Hire will commence providing services only upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated.
This subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual
The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website

Placement Fees

You agree to pay the placement fees for a selected candidate to ESM Hire at 8% of Annual CTC of the selected candidate. You will pay the placement fees for the selected candidate to ESM Hire through the selected mode of payment within one week of the candidate joining the appointment with you/ your company.
The placement fees will be paid only at the account number/ UPI provided by ESM Hire during the time of registration/ selection of candidates.
You agree to intimate the correct CTC/ salary of the selected candidate to ESM Hire prior to final selection of the candidate. Any discrepancy in intimation of the same may lead to recovery of balance amount from the recruiter by ESM HIRE.

Termination of Selected Candidate.

ESM Hire takes no guarantee of the retention of a selected candidate by the company/ individual and will bear no responsibility in case of resigning to the candidate after joining. The placement charges paid by the recruiter are non-refundable. However, if the individual resigns within one month of assumption of appointment at the job, ESM Hire will try and provide additional resume of shortlisted candidates for the job free of cost, if available.
ESM Hire takes no guarantee for the performance of the selected candidate and you agree to take full responsibility of the credentials and capability of the candidate selected by you through esmhire.com.
ESM Hire would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond ESM Hire’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

ANTI SPAM POLICY

The use and access to esmhire.com is subject to this policy. The services provided to you are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence.

Mailing practices such as transmitting marketing and promotional mailers/ Offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited.

We reserve the right to terminate services, without prior notice, to the originator of Spam. No refund shall be admissible under such circumstances.

Following is an illustrative (not exhaustive) list of the kinds of messages which can be classified as spam:

Unsolicited Bulk Messages/Unsolicited Commercial Communications.
Voice Calls/SMS to telephone numbers registered on the National Consumer Preference Register.
Non Job related mails.
Messages with misleading subject lines.
Blank Messages.
Extra ordinary High Number of mails.
Mails soliciting payments.
Misleading/Fraudulent mails.

Users agree to indemnify and hold harmless ESM Hire Services Private Limited from any damages or claims arising out of usage of their accounts for transmitting spam.
Users are advised to change their passwords frequently in order to reduce the possibility of misuse of their accounts.

To seek more information and to report Spam. Please mail us at: [email protected]

Note: The terms in this agreement may be changed by ESM Hire at any time. ESM Hire is free to offer its services to any client/prospective client without restriction.

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