1. Scope of Agreement & Engagement Architecture
This Agreement governs all commercial staffing, executive recruitment, talent sourcing, and managed IT services delivered by InCrest Jobs. Specific operational engagements, fee schedules, project durations, and job calibrations shall be formalized through separate written instruments, including Statements of Work (SOW), Work Orders, or Placement Confirmations. In the event of any conflict between this Agreement and an executed SOW, the terms of the specific SOW shall prevail for that engagement.
2. Service Delivery Models
InCrest Jobs operates across specialized engagement structures tailored to enterprise recruitment and technical capacity scaling:
A. Staff Augmentation: InCrest Jobs provides dedicated technical professionals, engineers, designers, or specialists integrated directly into the Client’s internal workflows, operating under the Client’s day-to-day project instruction while remaining employed or contracted by InCrest Jobs.
B. Permanent Placement & Direct Hire: InCrest Jobs identifies, screens, and introduces qualified candidates for direct employment with the Client upon mutual agreement on commercial compensation terms.
C. Executive Search & Leadership Sourcing: Retained or specialized talent acquisition focused on senior management, C-suite, and specialized niche technical leaders.
D. Managed IT & Recruitment Process Outsourcing (RPO): End-to-end management of targeted technical functions, turnkey project teams, or full-lifecycle talent acquisition pipelines.
3. Candidate Calibration, Screening & Placement Process
InCrest Jobs conducts rigorous technical evaluations, portfolio reviews, and preliminary credential checks prior to candidate presentation. The Client retains ultimate discretion and responsibility regarding the interview, final selection, and hiring decision. For permanent placements, a candidate introduction is deemed formally acknowledged once InCrest Jobs transmits the candidate’s resume, profile, or identifier via email, portal, or electronic transmission. If the Client has received the same candidate profile from another commercial agency within the preceding ninety (90) days, the Client must notify InCrest Jobs in writing within forty-eight (48) hours of profile receipt, providing written documentary proof; otherwise, InCrest Jobs shall be recognized as the sole introducing partner.
4. Fee Schedules, Retainers & Invoicing Policies
Client agrees to compensate InCrest Jobs in accordance with the executed SOW or placement schedule:
A. Permanent Placement Fees: Invoiced upon candidate offer acceptance or the candidate’s first official calendar day of employment, calculated as an agreed percentage of the candidate’s first-year Gross Annual Compensation (CTC).
B. Staff Augmentation Billing: Invoiced bi-weekly or monthly in advance based on agreed hourly, daily, or fixed monthly full-time equivalent (FTE) billing rates.
C. Retained Search Retainers: Retained executive search engagements require an upfront non-refundable mobilization retainer, followed by milestone and completion billings as specified in the engagement contract.
D. Currency & Payment Channels: Invoices are payable within fifteen (15) calendar days of invoice date via approved wire transfer, NEFT/RTGS, or international commercial banking channels. Overdue balances accrue interest at 1.5% per month or the maximum rate permissible by law.
5. Placement Guarantee & Replacement Policy
For permanent placement hires, InCrest Jobs provides a replacement guarantee window of sixty (60) calendar days from the candidate’s start date, subject to strict adherence to the following conditions:
1. The placement invoice has been settled in full within the stipulated credit period without dispute or deduction.
2. The candidate voluntarily resigns or is terminated for substantiated lack of competence or gross misconduct (excluding redundancy, organizational restructuring, role modification, or company insolvency).
3. The Client notifies InCrest Jobs in writing within seven (7) calendar days of the separation.
Upon valid invocation, InCrest Jobs shall deploy commercially reasonable efforts to deliver qualified replacement candidates for the same role specification within forty-five (45) days. Placement fees are non-refundable, and replacement credits cannot be converted into cash refunds.
6. Non-Solicitation & Direct Conversion Fee
During the term of any engagement and for a period of twelve (12) months following the termination of services or the date of last candidate introduction:
The Client agrees not to directly or indirectly solicit, induce, engage, or hire any candidate, augmented staff member, contractor, or employee introduced or deployed by InCrest Jobs without prior written consent.
Should the Client hire or engage any introduced candidate or augmented personnel directly or via a third party within this twelve-month window, the Client shall immediately become liable to pay InCrest Jobs a liquidated conversion placement fee equal to twenty-five percent (25%) of the candidate’s first-year annualized gross compensation package.
7. Candidate Protection & Zero-Fee Recruitment Mandate
InCrest Jobs strictly upholds ethical recruitment standards and statutory labor guidelines. At no stage of the application, assessment, interview, or onboarding process does InCrest Jobs charge job seekers or candidates any recruitment fee, deposit, security bond, training charge, or administration fee. Any solicitation of fees purporting to represent InCrest Jobs is fraudulent and strictly prohibited. Candidates are advised to report any such unauthorized requests directly to our compliance desk at jobs@increstjobs.com.
8. Intellectual Property & Work Product Assignment
For augmented technical personnel and managed service teams, all inventions, software code, configurations, technical documentation, designs, and work products developed exclusively for the Client in execution of authorized duties shall become the exclusive property of the Client upon full, irrevocable clearance of all applicable service fees. InCrest Jobs retains full ownership of its pre-existing tools, sourcing methodologies, proprietary databases, candidate intelligence frameworks, and corporate trademarks.
9. Confidentiality & Non-Disclosure
Both parties agree that all confidential information, business strategies, technical architectures, candidate compensation structures, and proprietary client roadmaps disclosed during the engagement shall be maintained in strict confidence. Neither party shall disclose such proprietary information to any third party without prior written consent, using the same degree of care it employs to safeguard its own confidential assets, but not less than reasonable care.
10. Data Protection & Regulatory Compliance
InCrest Jobs complies with applicable data privacy regulations, including the Digital Personal Data Protection Act (DPDP), General Data Protection Regulation (GDPR), and cross-border data transfer protocols. Candidate resumes and personal data shared with the Client are provided strictly for talent evaluation for specific openings and must not be retained, transferred, or repurposed without candidate consent or legitimate legal basis.
11. Client Responsibilities & Workplace Safety
Where augmented staff or placed personnel operate within Client facilities or access Client infrastructure, the Client agrees to provide a safe, lawful, non-discriminatory working environment, clear role parameters, necessary system credentials, and compliant workplace infrastructure. The Client is solely responsible for its own end-user software environments, production code deployments, and commercial business decisions.
12. Limitation of Liability
To the maximum extent permitted by law, InCrest Jobs shall not be liable for any indirect, consequential, special, punitive, or incidental damages, including loss of profits, business interruption, data corruption, or third-party claims arising from candidate placement, staff augmentation, or service performance. InCrest Jobs’ total aggregate liability arising out of or related to this Agreement shall under no circumstances exceed the total service fees actually paid by the Client to InCrest Jobs for the specific placement or staff member giving rise to the claim during the preceding three (3) months.
13. Term, Termination & Suspension
Either party may terminate an ongoing staff augmentation or recruitment agreement by providing thirty (30) days’ prior written notice to the other party, or immediately if the other party commits a material breach that remains uncured for fifteen (15) days following written notice. InCrest Jobs reserves the right to suspend candidate deployments, interview pipelines, or access to augmented personnel immediately if undisputed invoices remain past due. In the event of termination, the Client shall settle all outstanding fees for services rendered up to the effective termination date.
14. Force Majeure
Neither party shall be held liable for failure or delay in performing its obligations (excluding payment obligations) if such failure arises from causes beyond its reasonable control, including acts of God, natural catastrophes, telecommunication or national grid failures, pandemics, civil unrest, labor disputes, cyberattacks, or sovereign government directives.
15. Governing Law & Dispute Resolution
This Agreement shall be governed by, construed, and enforced in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to this Agreement or its breach shall first be attempted to be settled amicably through executive negotiations. If unresolved within thirty (30) days, the dispute shall be referred to arbitration in Chennai, India, conducted in English in accordance with the Arbitration and Conciliation Act, 1996. The competent courts situated in Chennai, Tamil Nadu, India shall have exclusive jurisdiction.
16. Contact & Legal Administration
For legal notices, contract administration, or service inquiries regarding these Terms of Service, please contact our legal desk:
InCrest Jobs (Subsidiary of InCrest Corporation)
Legal & Contracts Compliance Department
766, Anna Salai, Chennai, Tamil Nadu 600 002, India
Corporate Telephone: +91 9884 869 968
Legal Desk Email: inquiry@increstjobs.com