"Commencement Date" means the date specified by the Company in its notice to the User either through email and/or conventional mail indicating the acceptance of the application by the User to the Service.

"Firm" means Niyukkti HR Solutions and Placement Services having its corporate office at F-110, Lado Sarai, Opp. Central bank of India, New Delhi - 110030.

"Date of Termination" means the expiry date of the notice of termination given under clause 7 below.

"niyukkti.com" means the internet web site of the "Firm" at www.niyukkti.com.

"User" means an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.

"Services" means the services to be provided by the Firm to the User at niyukkti.com including the provision of facilities for the following:
(i) A User who wishes to make of posting of resume or curriculum vitae for the purpose of seeking employment;
(ii) A User who wishes to secure recruitment or any other HR solution for their organisation through niyukkti.com and its internet links.
(iii) A User who wishes to insert advertisements and also who wishes to receives advertisements and promotional messages on at niyukkti.com.

"Services Guide" means the information and description of the Services for the User from time to time provided by the Firm in writing or contained within niyukkti.com.

"Registration Data" means all particulars and information of the User requested on initial application and subscription, including but without limiting to the User's name, mailing address, email address, account and telephone number.
Words mentioned as singular shall also include the plural and words importing one gender shall also include the other.

2. Commencement of Service

The Service shall commence on the Commencement Date.

3. Fees

(i) The subscription fees for the Services shall be at the applicable rate indicated in the Services Guide ("Subscription Fees") from time to time. Where Subscription Fee are payable, the same shall be payable at or within such time as is stated in the invoice(s) issued by the Firm to the User.

(ii) The User who is liable to pay Subscription Fees after obtaining registration, shall pay the Subscription Fee on demand and shall even choose their mode of payment. In the event of late payment by the User of any sums due under this Agreement, the Firm shall have the right to charge interest on the outstanding amount from the due date until the date of full payment.

4. User's Obligations

i. The User is solely responsible for the accuracy of the Registration Data given to the Firm on initial application for the Service.

(ii) The User is responsible, at his own costs, for the set-up or configuration of his equipment for access to the Service, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service.
ii. The User will comply with all notices or instructions given by the Firm from time to time in respect of the use of the Service and the User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.

(iii) The User is solely responsible for the maintenance of confidentiality of and the User's password and user identification and all activities and transmission performed by the User through his user identification. The User will immediately notify the Firm of any unauthorized use of the User's account or any other breach of security known to the User.

(iv) The User shall where Subscription Fees are payable, to pay the same promptly as required by the Firm from time to time.

5. Prohibited Use

(i) The User shall be prohibited from allowing any person other than the authorized person(s) named in the application form to use the Service after obtaining registration through DD/Online payment of the Subscription Fee in favour of Niyukkti HR Solution and Placement Services.

(ii) The User will comply with all applicable laws (and shall not contravene any applicable law) of India and regulations made there under relating to the Services, including any regulation made pursuant thereto and shall be prohibited from using the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.

(iii). The User shall not to use the Service for any unlawful purpose including without limitation criminal purposes.

(iv) The User shall be prohibited in persistently sending messages or make postings on niyukkti.com to any other User or third party who access niyukkti.com without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person.

(v) The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or niyukkti.com network system.

(vi) The User shall be prohibited to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on niyukkti.com except such data and information which is posted by the particular User himself.

(vii) The User shall be prohibited to violate, or attempt to violate the security of niyukkti.com and/ or any web sites linked to niyukkti.com or gain unauthorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

(viii) In the event of the User breaching any of the above mentioned covenants, the Firm shall have the right to any or all legal remedies, against the User as per the law to recover the loss suffered by the Firm, and the harm caused to the reputation of the Firm, due to such violation by the User. In no event, late coming into knowledge of the Firm of such a breach by the User, would amount waiver or condonation.

6. Security and other features
(i) The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy of his user Identification and/or password and shall not reveal the same to any other person(s).

(ii) The user identification is necessary to access the Service; the User shall use only his own user Identification.

(iii) The User acquires no rights to any mailbox number, the user identification, circuit reference and any codes assigned to him by the Firm and except as otherwise provided herein, the Firm reserves the right to change or reassign the same to the User at its sole discretion without being liable to the User in damages or otherwise.

(iv) In the event of theft or loss of user identification, password or security word, the User must notify the Firm immediately by telephone and concurrently provide the Firm with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Firm.

(v) The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. Subscriber will take all necessary precautions to prevent unauthorized access or leakage of username and password being used by the subscriber.

(vi) The user shall not use any software to automatically download or extract either a complete or partial resume from Niyukkti database without prior consent from Niyukkti HR Solution and Placement Services in writing.

7. Termination of Service

(i) Either party to this agreement may terminate this Agreement by giving prior notice in writing of 30 days.

(ii) The Firm may in its sole discretion waive or accept in writing a shorter period of notice from the User than that referred in point sub clause (i) above.

(iii) Notwithstanding the provision of sub clause (i) above, the Firm may terminate this Agreement with immediate effect, without prior notice to the User and without further prejudice to all other rights:

(a) if, in the opinion of the Firm, the User has breached any of the terms or conditions of this agreement.

(b) if, in the opinion of the Firm or any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason.

(c) if, the User is declared a bankrupt or the User enters into any compromise or arrangement with its creditors.

(iv) In the event of termination of this Agreement, without prejudice to any other remedies available to the Firm, where Subscription Fees are payable, the User shall be liable for Subscription Fees until the Date of Termination. Such Subscription Fee shall be payable within 30 days of the relevant Date of Termination.

8. Suspension of Service

i. Without prejudice to any other rights or remedies, the Firm may suspend the Service provided by the Firm in the event that any monies payable by the User are not paid and the User shall be liable for all charges and fees incurred up to that date.

ii. However, upon subsequent payment by the User of such sums as demanded by the Firm, the Firm may at its sole discretion and subject to such terms as it deems proper, restore the Service.

9. Disclaimer

(i) The Firm shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.

(ii) The User shall be solely responsible, and the Firm shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.

(iii). The Firm makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services.

(iv). The Firm's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the User to the Firm for the period immediately preceding three (3) months prior to the incident giving rise to the relevant claim.

(v) The Firm shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.

(vi) The Firm does not warrant that niyukkti.com or any of the web sites linked to niyukkti.com be free of any operational errors nor that it will be free of any virus, worm, or other harmful component.

(vii) The User acknowledges that it is not the Firm's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through niyukkti.com. The Firm may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Firm, to comply with the legal or moral obligations as placed on the Firm and to avoid infringing a third party's rights or any other rules, standards or codes of practices that may be applicable to the posting or niyukkti.com or the internet.

10. Use of Data

The User hereby agrees and irrevocably authorizes the Firm to:

(i) Use any data and information supplied by the User in connection with this Agreement for the Firm's own purpose, to the Firm supplying such data and information to any other associated Firms or select third parties.

(ii) Allow all data and information supplied by the User in using the Service to remain at niyukkti.com for the use of the Firm in accordance with service agreement with the user, notwithstanding the termination or suspension of the Service to the User herein. Unless the User informs the Firm to delete all such data and information following the termination or suspension of the Service to the User, such data and information remain in the Firm's property, records and databases.

11. Indemnity

The User agree to indemnify and hold harmless the Firm, its officers, partners/ directors, employees and agents from and against any claims, actions, demands, liabilities, losses or damages whatsoever arising from or resulting from their use of niyukkti.com or their breach of the terms of this agreement.

12. Confidentiality

(i) Both parties hereby agree not to divulge nor communicate to any person (other than those whose province it is to know the same) nor use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his knowledge by reason of or in connection with this Agreement. Both parties hereby agree also agree that they shall use all reasonable efforts to prevent their employees, officers, agents and consultants from so acting, except where the prior written consent of the other party is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.

(ii) The Firm maintains a policy of strict confidentiality of all data and information submitted by the User and the Firm shall not, save as provided for under clause 10 herein, release such data and information to any persons without the prior consent of the User.

(iii) The User is entitled to access to his own data and information stored in the database at niyukkti.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.

(iv) Users need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of niyukkti.com.

(v) The copyright, know how or any other related intellectual property to the Service or niyukkti.com shall be the sole and exclusive property of the Firm. In the event the User has contributed any content to niyukkti.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Firm and the User shall have no right or claim over the same. In the event the User during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Firm and the Firm shall have the right to legal recourse in this regard.

13. Variation

(i) The Firm reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Firm) to the User.

(ii) The Terms and Conditions of this agreement will be updated from time to time and posted at niyukkti.com. The User should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.

(iii) The Firm reserves the right to modify or discontinue the Service with or without notice to the User. Save for paid service, a pro-rated refund shall be effected for the remaining unused period.

(iv) The Firm shall not be liable to the User or any third party should the Firm exercise its right to modify or discontinue the Service.

14. Governing Law and Jurisdiction

The laws of India govern this Agreement and any dispute or matter arising from incidental use of niyukkti.com. The User and the Firm hereby submit to the exclusive jurisdiction of the courts at Delhi.