1. Scope of Engagement
These Terms establish the operational and legal framework between Fairease Consulting Services Pvt. Ltd. ("Consultancy") and participating Client Organizations ("Client") commissioning talent recruitment, as well as Candidates utilizing our career advisory services.
Specific commercial terms, including agreed success fee percentages, payment credit days, and exclusive RPO parameters, will be defined in a companion Statement of Work (SOW) or Master Service Agreement (MSA). In the absence of an overriding MSA, these standard Terms govern all placements.
2. Candidate Representation Covenant (100% Free Policy)
Candidates agree to provide accurate, truthful, and non-misleading information regarding their employment tenure, academic credentials, and compensation history. Submission of forged documentation constitutes immediate grounds for cancellation of representation.
3. Sourcing & Service Level Agreement (SLA) Standards
Upon receipt and formal validation of a Client Job Requisition, Fairease undertakes to:
- Deliver an initial shortlist of minimum 3 to 5 pre-screened, culturally vetted candidates within 48 to 72 business hours for mid-level lateral roles.
- Provide comprehensive Candidate Evaluation Summaries covering technical competencies, notice period flexibility, and compensation expectations.
- Coordinate interview scheduling, candidate prep, feedback collection, and offer facilitation.
4. 90-Day Free Replacement Guarantee
For permanent full-time placements, Fairease offers a comprehensive 90-Day Free Replacement Guarantee:
- If a candidate introduced by Fairease leaves the Client's employment voluntarily or is terminated for substantiated performance or misconduct reasons within ninety (90) calendar days from their official joining date, Fairease will source and deliver qualified replacement candidates for the same role at no additional fee.
- The Client must provide written notice of termination/departure within seven (7) business days of the event.
- The replacement guarantee applies provided the Client has paid the placement invoice within the agreed credit terms.
5. Candidate Ownership & Non-Circumvention
When Fairease submits a candidate's resume or profile to the Client, that candidate is recognized as an exclusive introduction by Fairease for a period of twelve (12) calendar months from the date of profile transmission.
If the Client hires the introduced candidate in any capacity (full-time, contract, consultancy, or through an affiliate company) during this 12-month window, the Client is legally liable to pay the standard placement fee to Fairease, regardless of subsequent applications via job boards or internal referrals.
6. Invoicing, Fees & Statutory Taxes
- Placement fees are calculated as an agreed percentage of the candidate's Total Fixed Cost to Company (CTC) or Annual Gross Remuneration.
- Invoices are issued on the date of the candidate's physical or virtual joining.
- Standard payment credit period is thirty (30) calendar days from invoice generation.
- All invoices are subject to applicable Goods and Services Tax (GST @ 18%), which will be charged as an additional statutory line item.
7. Contract Staffing & Statutory Compliance
For contract staffing and employee leasing engagements, Fairease acts as the legal employer of record for deputed personnel. Fairease guarantees 100% compliance with all statutory labor requirements, including:
- Timely monthly disbursement of wages directly to associate bank accounts.
- Strict deposit of Employees' Provident Fund (EPF) and Employees' State Insurance (ESIC) contributions with government challans submitted to the Client.
- Compliance with the Contract Labour (Regulation and Abolition) Act, 1970, and state-specific Shops and Commercial Establishments legislation.
8. Non-Disclosure & Confidentiality
Both parties agree to treat all business data, technical specifications, compensation benchmarks, and organizational charts exchanged during recruitment as strictly confidential. Neither party shall disclose proprietary information without prior written consent, except where required by a court of competent jurisdiction.
9. Limitation of Liability
While Fairease conducts rigorous vetting and credential verification, the final decision to employ a candidate rests exclusively with the Client. Fairease shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from a candidate's performance, actions, or omissions after commencement of employment.
10. Dispute Resolution & Legal Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any controversy or claim arising out of or relating to this engagement shall be resolved first through good-faith executive mediation, and failing that, submitted to binding arbitration in New Delhi under the Arbitration and Conciliation Act, 1996. The courts of Gurugram / New Delhi shall hold exclusive territorial jurisdiction.
Fairease Consulting Services Pvt. Ltd. | Legal Operations
Email: info@fairease.in | Phone: +91 81307 35109