Terms & Conditions
1. Introduction and Acceptance of Terms
ATWORKFORCE (hereinafter referred to as "ATWORKFORCE," "we," "us," or "our") is a recruitment and human resource consultancy firm committed to connecting talented professionals with rewarding career opportunities and helping organisations build high-performing teams. These Terms and Conditions constitute a legally binding agreement between you, whether as a candidate, employer, client, or website visitor (hereinafter referred to as "you," "your," or "user"), and ATWORKFORCE governing your access to and use of our website located at www.atworkforce.com, including any sub-domains, associated web pages, and all recruitment and HR consulting services offered through our platform (collectively, the "Services").
By accessing or using our website, registering for an account, submitting your profile or resume, posting job opportunities, utilizing any of our Services, or clicking any acceptance mechanism provided on our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue access to or use of our website and Services.
This document is an electronic record as defined under the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 of India. This electronic record is generated by a computer system and does not require any physical or digital signatures to be valid and enforceable. These Terms and Conditions are enforceable as a contract under the Indian Contract Act, 1872, provided they meet the essential requirements of offer, acceptance, lawful consideration, competency of parties, free consent, and lawful object.
2. Company Overview and Services
ATWORKFORCE is a recruitment and HR consulting firm that provides a comprehensive range of talent solutions tailored to meet the needs of both jobseekers and employers. Our Services include, but are not limited to, permanent hiring assistance, executive search placement, resume and profile optimisation, career strategy and mapping, interview coaching, offer negotiation support, access to exclusive job opportunities, and talent community membership for jobseekers and candidates. For employers and clients, we offer permanent hiring solutions, executive search, recruitment process outsourcing (RPO), volume and bulk hiring, HR consulting, talent management and advisory services, access to our candidate database, and market intelligence and insights.
The specific scope of services, fees, payment terms, and other engagement details for employer clients shall be set out in separate service agreements, engagement letters, or statements of work executed between ATWORKFORCE and the client, each referred to as a "Service Agreement." In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail to the extent of such conflict.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without prior notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
3. Eligibility to Use Services
By accessing our website and using our Services, you represent and warrant that you are at least 18 years of age and have reached the age of majority in the jurisdiction where you reside. Our Services are not directed to individuals under the age of 18, and we do not knowingly collect personal information from minors.
You further represent and warrant that you are competent to contract within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract, including undischarged insolvents, individuals of unsound mind, or persons otherwise disqualified by law from entering into contracts, are not eligible to use our Services.
If you are using our Services on behalf of an entity or organisation, such as a company, partnership, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and to any applicable Service Agreements. In such case, references to "you" or "your" throughout these Terms shall refer to that entity.
You also represent that you are not a person barred from accessing or receiving services under applicable laws in India or any other jurisdiction from which you may access our website. All information you provide to us during the registration process or at any time thereafter is truthful, accurate, complete, and up-to-date. Knowingly providing false or misleading information may result in immediate disqualification from our Services, termination of your account, and possible legal action.
We reserve the right to terminate your access to our website and Services and refuse to provide you with access at our sole discretion, without prior notice, for any reason whatsoever, including if we determine that you do not meet the eligibility criteria or have violated these Terms.
4. User Accounts and Registration
To access certain features of our Services, such as submitting your profile as a candidate or posting job opportunities as an employer, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify us immediately at grievance@atworkforce.com of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this obligation.
You may not use another person's account without permission, nor may you transfer your account to any other person or entity without our prior written consent.
We reserve the right to suspend or terminate your account at any time, with or without notice, if we suspect that you have violated these Terms, provided inaccurate information, or engaged in any conduct that we deem harmful to our interests or the interests of other users.
5. User Responsibilities and Prohibited Conduct
As a condition of your use of our website and Services, you agree to comply with all applicable laws, rules, and regulations, and you agree not to engage in any of the following prohibited activities.
You are responsible for ensuring that all information you submit, including resumes, job postings, and communications, is true, complete, accurate, up-to-date, and not misleading or likely to deceive. You shall use our website and Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use of our website by any third party.
You shall not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy. You shall not upload content that is discriminatory based on race, colour, religion, gender, sexual orientation, national origin, disability, or any other protected characteristic. You shall not upload content that contains falsehoods or misrepresentations that could damage ATWORKFORCE or any third party, or that infringes upon any patent, trademark, trade secret, copyright, or other intellectual property right of any party. You shall not upload content that contains software viruses, worms, Trojan horses, time bombs, cancelbots, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
You shall not engage in any data harvesting or extraction activities, send unsolicited communications, attempt to gain unauthorized access to any portion of our website or servers, or interfere with the proper functioning of our website. You shall not impersonate any person or entity, including any ATWORKFORCE employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You shall not use our Services to engage in any fraudulent activity or to facilitate any unlawful or unethical purpose, including spamming or harvesting candidate data. You shall not use any robot, spider, scraper, or other automated means to access our website or collect information from our website for any purpose without our express written permission.
When sending emails or sharing information with another person through our website, you warrant that you have obtained their consent to use their contact information for such purpose.
Violation of these provisions may result in immediate termination of your access to our Services and may subject you to legal action, including under the Computer Misuse Act or other applicable laws.
6. Candidate and Jobseeker Specific Terms
By submitting your resume, profile, or any other information to ATWORKFORCE, you consent to our collection, storage, processing, and use of such information for recruitment and placement purposes, as described in our Privacy Policy.
You acknowledge and agree that ATWORKFORCE may share your profile and personal information with prospective employers as part of our recruitment services. Such sharing will typically occur after we have discussed the opportunity with you and, where required by law, obtained your explicit consent.
You understand and acknowledge that ATWORKFORCE does not guarantee job placement, employment, or any specific outcome. Final hiring decisions, interview selections, and employment terms are determined solely by the hiring organisation. We make no representations or warranties regarding the accuracy of job postings, the suitability of any employer, or the success of any application.
If you are currently employed and seeking opportunities discreetly, you may indicate this preference to your consultant. We will take reasonable precautions to protect your confidentiality, including not sharing your information without your explicit consent for each opportunity.
You are solely responsible for the accuracy and completeness of all information you provide. Submitting false or misleading information may result in immediate disqualification from our Services and may subject you to legal liability.
ATWORKFORCE does not charge candidates any fees for accessing our Services, submitting profiles, or being considered for job opportunities. Our services are always free for candidates. If any person or entity requests payment from you in connection with our Services, please report such an incident immediately to grievance@atworkforce.com.
Where required by employers or applicable law, you may be asked to consent to background verification checks. Such checks will be conducted only with your explicit consent and in accordance with applicable laws.
7. Employer and Client Specific Terms
All employer and clients engaging ATWORKFORCE for recruitment services shall enter into a separate Service Agreement or engagement letter that sets forth the specific terms, including scope of services, fees, payment terms, duration, and other relevant conditions. These Terms and Conditions supplement such Service Agreements and, unless expressly stated otherwise, do not replace them.
Fees for Services shall be as agreed in the applicable Service Agreement. Unless otherwise specified, all fees are exclusive of applicable taxes, duties, and government charges, which shall be payable by the client. Invoices shall be paid within the timeframe specified in the Service Agreement. Late payments may incur interest or late fees as specified in the Service Agreement. ATWORKFORCE reserves the right to suspend or terminate Services if invoiced amounts remain outstanding beyond the agreed payment terms.
Clients agree to provide accurate, complete, and timely information regarding job requirements, company culture, and hiring criteria. They shall cooperate with ATWORKFORCE and respond promptly to requests for information, feedback, or approvals. Clients shall treat candidate information shared by ATWORKFORCE as confidential and use it solely for recruitment purposes related to the specific role. They shall not share candidate information with unauthorised third parties and shall delete candidate data when no longer needed for the specific hiring purpose. Clients shall comply with all applicable laws, including the Contract Labour (Regulation and Abolition) Act, 1970, Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and Employees' State Insurance Act, 1948, where applicable.
While ATWORKFORCE uses industry knowledge and professional judgment to identify suitable candidates, we do not guarantee that any candidate will be hired, accept an offer, or perform successfully if hired. Final hiring decisions are solely the responsibility of the client.
Where a replacement guarantee is offered in a Service Agreement, it shall apply only as expressly set forth therein. Typically, such guarantees require prompt notification of any issues and are subject to specific terms and conditions.
Clients shall maintain the confidentiality of all information received from ATWORKFORCE regarding candidates, pricing, methodologies, and business practices, and shall not disclose such information to any third party without our prior written consent.
Clients represent and warrant that they will comply with all applicable laws and regulations regarding employment, including those related to wages, working conditions, benefits, and non-discrimination.
8. Intellectual Property Rights
All content and materials available on our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, methodologies, templates, and the overall "look and feel" of the website, collectively referred to as the "Content," are the exclusive property of ATWORKFORCE, its licensors, or its content suppliers and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
"ATWORKFORCE" and all related names, logos, product and service names, designs, and slogans are trademarks of ATWORKFORCE or its affiliates. You may not use such marks without our prior written permission.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Content for your personal, non-commercial use in connection with seeking employment or recruiting candidates through our Services. You may not republish, reproduce, duplicate, copy, download, sell, resell, or exploit any portion of the Content for any commercial purpose without our express written consent. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of our website or Content. You may not remove any copyright, trademark, or other proprietary notices from our Content. You may not frame or mirror our website on any other platform without our prior written consent.
By submitting resumes, job postings, or other content to our website, you grant ATWORKFORCE a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing our Services and operating our business, in accordance with our Privacy Policy.
9. Third-Party Links and Services
Our website may contain links to third-party websites, job boards, social media platforms, client websites, partner organisations, or other resources that are not owned or controlled by ATWORKFORCE. These links are provided for your convenience only.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that ATWORKFORCE is not responsible for the availability, accuracy, or content of such external sites, does not endorse and is not liable for any products, services, or information available on such sites, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site.
We encourage you to review the terms of service and privacy policies of any third-party websites you visit, as their practices may differ from ours.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATWORKFORCE PROVIDES ITS WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR AVAILABILITY OF OUR WEBSITE OR SERVICES, THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR ADEQUACY OF ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH OUR WEBSITE OR SERVICES, INCLUDING JOB POSTINGS, CANDIDATE PROFILES, OR MARKET INSIGHTS, THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, THAT THE RESULTS OBTAINED FROM USING OUR SERVICES WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT ANY ERRORS OR DEFECTS IN OUR WEBSITE OR SERVICES WILL BE CORRECTED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATWORKFORCE OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATWORKFORCE, ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE OR THROUGH OUR SERVICES, INCLUDING DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, ANY CONTENT OBTAINED FROM OUR WEBSITE OR SERVICES, UNAUTHORIZED ACCESS, USE, ALTERATION, OR DESTRUCTION OF YOUR TRANSMISSIONS OR CONTENT, THE RECRUITMENT PROCESS, INCLUDING ANY FAILURE OR DELAY BY EMPLOYERS IN CONSIDERING YOUR APPLICATION, ANY DECISION NOT TO HIRE YOU, OR ANY DISPUTES BETWEEN YOU AND EMPLOYERS, ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES, VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OUR WEBSITE, OR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, REVENUE, GOODWILL, DATA, OR ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO ATWORKFORCE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE THOUSAND RUPEES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless ATWORKFORCE, its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys' fees and legal costs, arising out of or in connection with your use or misuse of our website or Services, any information or content you submit, post, or transmit through our website, including resumes, job postings, or communications, any violation of these Terms by you, your violation of any rights of another user or third party, including intellectual property rights, privacy rights, or contractual rights, any breach of your representations and warranties set forth in these Terms, and any negligent or wrongful conduct by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defences.
13. Termination
You may terminate your account and cease using our Services at any time by contacting us at privacy@atworkforce.com. Please note that even after termination, certain information may remain in our records as required by law or for legitimate business purposes, as described in our Privacy Policy.
We reserve the right to suspend or terminate your access to our website and Services, with or without notice and at our sole discretion, for any reason including but not limited to breach of these Terms or any applicable Service Agreement, submission of false, misleading, or fraudulent information, violation of any applicable law or regulation, conduct that we deem harmful to our interests, other users, or third parties, extended periods of inactivity, requests by law enforcement or government agencies, or technical or security issues.
Upon termination, all rights granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to the sections on Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law and Dispute Resolution.
14. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
Subject to the arbitration provision below, any legal suit, action, or proceeding arising out of or relating to these Terms or our Services shall be instituted exclusively in the courts located in [Insert City, State], India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, termination, or validity thereof, or the use of our Services, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in [Insert City, State] by a sole arbitrator appointed by mutual agreement of the parties, or if the parties cannot agree, by the arbitrator appointed in accordance with the rules of [Insert recognised arbitration institution, if any]. The language of the arbitration shall be English. The arbitration award shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information, or to prevent imminent harm, without the necessity of posting bond.
15. Force Majeure
ATWORKFORCE shall not be liable for any failure or delay in performing its obligations under these Terms or any Service Agreement where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, floods, earthquakes, epidemics or pandemics, war, terrorism, civil unrest, strikes or labor disputes, power failures, telecommunications failures, internet service provider failures, governmental actions, or any other event beyond our reasonable control.
Where a force majeure event continues for a period exceeding thirty days, either party may terminate the affected Services upon written notice to the other party.
16. Entire Agreement and Severability
These Terms and Conditions, together with our Privacy Policy and any applicable Service Agreements, constitute the entire and exclusive agreement between you and ATWORKFORCE regarding your use of our website and Services, and supersede and replace any prior agreements, understandings, or representations, whether written or oral, relating to such subject matter.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
No failure or delay by ATWORKFORCE in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
17. Changes to These Terms
We may update or amend these Terms and Conditions from time to time to reflect changes in our practices, legal requirements, or industry standards. When we make material changes, we will update the "Last Updated" date at the top of these Terms, post a prominent notice on our website, and for significant changes, we may notify registered users directly via email.
We encourage you to review these Terms periodically to stay informed about how we protect your interests and govern your use of our Services. Your continued access to or use of our website and Services after any such changes constitutes your acceptance of the revised Terms.
18. Grievance Redressal and Contact Information
In compliance with the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000, ATWORKFORCE has designated a Grievance Officer to address any concerns, complaints, or queries regarding these Terms, our Services, or our data practices. Our Grievance Officer can be contacted at grievance@atworkforce.com, by phone at [Insert Phone Number], or by postal mail at [Insert Registered Office Address].
For general inquiries, you may contact us at info@atworkforce.com. For privacy-related matters, please email us at privacy@atworkforce.com. Our website is www.atworkforce.com.
We are committed to addressing your concerns promptly and fairly. Please allow up to [Insert Number, e.g., 7-15] business days for a response to your inquiry.
19. Miscellaneous Provisions
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and ATWORKFORCE.
Any notices or other communications permitted or required under these Terms shall be in writing and shall be deemed effectively given upon personal delivery, upon confirmation of receipt by email, five days after deposit in the mail if sent by registered or certified mail postage prepaid, or upon confirmation of transmission if sent by recognized courier service.
The section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.
These Terms have been drafted in English. In the event of any discrepancy between the English version and any translated version, the English version shall prevail.
By using our website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
At ATWORKFORCE, we are committed to providing transparent, professional, and reliable recruitment and HR consulting services. Thank you for trusting us as your partner in talent and opportunity.