Mehan’s E-Agency Terms & Conditions

1.    Preceding:

1.1

These terms and conditions are applicable and legally binding to all registered users and entities or organizations or companies on Mehan LLC’s online platforms, websites, sites, applications, registered domains and sub domains that include but not limited to Mehan’s E-Agency. 

1.2

The term “Platform” in these terms and conditions is referred to Mehan LLC and all its online platforms (websites and applications), registered domains and sub domains that include but not limited to Mehan’s E-Agency. 

1.3

The term “Employer” in these terms and conditions is referred to the entity, organization or company that is registered on the Platform for the purpose of hiring registered Headhunters on the Platform to provide them with talent acquisition (recruitment) services.

1.4

The term “Headhunter” in these terms and conditions is referred to the registered individual (user) on the Platform for the purpose of providing talent acquisition (recruitment) services to the registered Employers on the Platform.

1.5

The term “User” in these terms and conditions refers to the individual registered on the Platform whether under an Employer’s account or a Headhunter’s account.

2.    Preceding:

2.1

Welcome to Mehan’s E-Agency for Crowd Headhunting. Here we present our terms and conditions of the online Platform which serves to oversee your use of and access to this Platform. This also includes any associated online platforms, websites, applications, sub-domains, services and tools. By agreeing to follow these terms and conditions (which includes the information linked within them), and by making use of this Platform, you are signifying that you agree to accept these terms and conditions as it relates to or concerns your use of the Platform. These terms and conditions are immediately effective upon acceptance, meaning that it will govern your use of the Platform as soon as you agree to it. If you cannot or will not agree to obey these terms and conditions, we ask that you please decline to access, use or register with the Platform.

2.2

Before you are able to become or remain as a User of this Platform, you must read, agree with and fully accept these Terms and Conditions and the Privacy Policy of the Platform.

3.    Eligibility for Membership

3.1

The Platform would like to guarantee that its users are eligible to partake in legally binding contracts. Consequently, membership of the Platform is unavailable to any persons under the age of 18 years.

3.2

The Platform will also be unavailable to individuals whose membership has, for whatever reason, been temporarily suspended or permanently removed by the Platform.

3.3

Furthermore, if you wish to register with the Platform as an Employer (Business Body), you as an individual will signify that you have the authority to register your Employer on the Platform and the complete power to hold that Employer to these terms and conditions and that you as well as the Employer and any users that you may create and give access to on the platform under the Employer’s account, will comply with these terms and conditions. We ask that you keep in mind that no individual or business may register on this Platform more than one time.

4.    Your Account and Registration Obligations

4.1

When you go through the registration process to become a User on the Platform, it will be obligatory that you provide certain data. It will also be necessary for you to register an email address and password for personal use on this Platform.

4.2

Each User (individual) registered on the platform, regardless of the type of account registered under, agrees to the conditions listed below. When you become a registered User of the Platform or create and give access to other Users to the platform under the Employer account, you, the Employer and all the Users created under the Employer’s account are agreeing to the following:

  1. That you will be responsible for preserving the confidentiality of, and prohibiting the use of and access to, your account and password;
  2. That you will accept complete responsibility for all activities that may occur under the use of your account and password;
  3. That you agree to notify the Platform of any unapproved use of your password or account, or any other possible breach of account security immediately;
  4. That you will provide personal information that is factual, accurate, up-to-date and comprehensive as urged by the Platform's registration form;
  5. That you will not publish online, whether on the Platform or any other online platform that would relate to any business with the Platform, any of your contact details. These include, but are not restricted to: email addresses, phone numbers and any other personal information;
  6. That you will not include the word "Mehan’s E-Agency", “Mehan” or “Mehan LLC” in any part of your business name;
  7. That you will maintain the rules of these terms when dealing with any other users of the Platform’s information that has been provided to you by or through the Platform. You will treat this information of any user as private and confidential;
  8. That you will keep your Registration Information up to date so as to keep it factual, applicable, correct, current and extensive. If you provide us with information that is or if the Platform possesses sound reasons to believe that your information is false, inaccurate, expired or incomplete, or not in compliance with these terms and conditions, without predisposition to any of the other rights of the Platform under these terms and conditions or by regulations of law, the Platform retains the right to indeterminately suspend, limit or prohibit your admission to this Platform as well as your possible membership of the Platform;
  9. The Platform has the authority to make any inquiries it considers necessary at any time and for any reason (whether straight to you or via a third-party), and has the right to ask that you show them proof or any further data or documentation to confirm your identity and/or the possession of your financial assets. The Platform also has the right to delete or revoke any unverified accounts or any user accounts that have been inactive for or exceeds 12 months;
  10.  If you are a Headhunter, the Platform will charge you via the authorized payment methodology for any purchase made through the online platform;
  11.  If you are the authorized User of an Employer, the Platform will charge your Employer via the authorized payment methodology for any purchase made through the online platform;

5.    Electronic Communications

By becoming a member of the Platform, you give us permission to communicate with you by means of email or posting of notifications on the Platform. You also agree that the agreements, notices and any other communications that we offer to you properly satisfy lawful requirements that such electronic communications should be given in writing. The Platform will need your permission to send you advertising emails that would let you know about any new changes to the Platform, as well as any planned features or promotional activities. If you decide that you are not interested in or are against receiving these promotional emails, you will have the option to turn them off/unsubscribe by simply clicking on the link that will be present down to the very bottom of any promotional email.

6.    Changes to these Terms and Conditions

As a User  or Headhunter or Employer on this Platform, you understand and agree that the Platform has the right to give notice of any changes to the Terms and Conditions that may either increase your duties or decrease your rights under these same Terms and Conditions, in accordance with all and any terms. You understand and agree that the Platform, at its absolute will and without any obligation, can make changes that are not Substantial Amendments that do not require your further agreement at any time, but can be brought into effect instantly by posting a notification of the changes or modification on the Platform.

7.    Service Scope and Conditions

7.1

The Employer shall utilize the services of the Platform, for the purpose of searching, headhunting, screening, pre-selecting, and recruiting suitable candidates for the job openings of the Employer which the Employer chooses to publish to Headhunters on the Platform.

7.2

The Headhunter on the Platform agrees to use their best efforts to find suitable candidates for the published job openings, assist in successful hiring processes, providing the Employer access to quality candidates, source, recruit and screen candidates. The Headhunter on the Platform shall provide the following services to the Employer:

  1. Advertisement of non-confidential Job Openings through different channels;
  2. Identification of potential candidates through resume database review, networking, calls, social media platforms, direct contacts with competitors, and headhunting;
  3. Candidate screening through resume reviews and direct telephone interviews;
  4. Submit to the Employer qualified screened candidates’ resumes;
  5. Coordinating between the candidates and the Employer throughout the entire Talent Acquisition (recruitment) process;
  6. Support in the job offer negotiations and acceptance between the Employer and the successfully selected candidates;

7.3

The level of job openings that the Platform Headhunters would work on for the Employer is white collar jobs only.

7.4

The Platform services to the Employer shall be carried out under the guidance of registered freelance Headhunters on the Platform. The search will be focused on the talents available locally and internationally as per the Employer’s needs.

7.5

Should any of the published job openings is of confidential nature, the Employer shall inform the Headhunters of such prior to the start of the search for suitable candidates, and the Headhunters shall respect and protect the confidentiality of the job openings;

7.6

Should any of the published job openings is of confidential nature, the Employer shall inform the Headhunters of such prior to the start of the search for suitable candidates, and the Headhunters shall respect and protect the confidentiality of the job openings;

7.7

The Employer shall be solely responsible for and bear expenses of travel and of securing entry visa/work permits of selected candidates during as well as after the talent acquisition (recruitment) process.

7.8

All communications between the Employer and candidates shall be done only through the Headhunter through the Platform and all communications between Employer and Headhunter shall be made through the Platform.

7.9

Users holding two different accounts, one registered under the Employer account and the other registered as a Headhunter on the Platform are not allowed to accept nor work on any job openings published by the Employer of which they are registered under as a User. This can be considered as a conflict of interest  and unethical behavior and if it does occur, the Platform has full authority to choose to report the case and the User to the Employer and suspend the User’s access to the platform temporarily or permanently. 

8.    Fees & Payment

8.1

The Platform does not consider itself an auction house. It is not a bank, either. For this reason, the Platform itself does not offer any auctions or banking-type service. The Platform is simply an online platform that facilitates the sale and/or purchase of services between registered Headhunters and Employers.

8.2

Membership with the Platform is free. The Platform does not charge Users for browsing the Platform. However, the Employer has the right to specify the service fee starting with a minimum of 10% of the gross annual salary offered to and accepted by the successfully selected candidate as per the offer letter. The service fee will incorporate all cash allowances  paid with the salary made for accommodation and/or transportation among others, but will not incorporate other perks such as tickets, medical, school fees, commissions or bonuses.

8.3

An interview fee of AED 1000 per interview is applicable to be charged to Employers wishing to interview a shortlisted candidate for any interview surpassing the first interview. The first interview is free of charge. Shall the Employer choose to hire the interviewed candidate, all interview fees will be deducted from the service fee.

8.4

The Headhunter on the Platform is paid through Mehan LLC and shall receive a payment of 50% commission of the interview fee as well as 40% commission of the service fee of successfully placed candidates within ninety (90) days of the payment receipt from the Employer.

8.5

Before the Employer chooses to publish job openings on the Platform or Headhunters choose to accept to provide services to the Employer through the Platform, the Platform asks that the Employer thoroughly review the fees that they are guaranteed to be charged.

8.6

It is possible that the Platform may choose to briefly amend the fees charged for promotional services. These may include but are not limited to other new services. Such momentary changes are effective immediately in accordance with their terms as soon as we post them on the Platform. 

8.7

Unless the Platform declares or says differently, all fees charged to the Employer and/or paid to the Headhunters will be given, charged, and paid in UAE Dirhams. For successful international placements of candidates outside the UAE, should the job offer made by the Employer to the successfully selected candidate be in foreign currency, the service fee shall be paid by the Employer and the commissions paid to the Headhunters in UAE Dirhams as per the exchange rate specified by the Central Bank of the United Arab Emirates on the first day of the candidate joining the company;

8.8

On the candidate’s first work week, the Platform shall send to the Employer an invoice of the service fee along with a copy of the signed offer letter and/or employment contract;

8.9

The Employer shall pay the service fee within thirty (30) days of the candidate joining the company. The Employer shall also pay the interview fee within thirty (30) days of the actual interview date. Shall there be delay in the payment after the specified thirty (30) days, the Employer shall pay a penalty fee of 1.5% of the service fee and or the interview fee per month;

8.10

In the case the payment is completed but the candidate recruited through the Headhunter on the Platform resigns or his employment is terminated by the Employer during the first 90 days from his joining date, the Headhunter will not be paid the commission for this placement and the Platform will provide a replacement candidate to the Employer at no further fee cost (excluding any advertisement fees) upon the receipt of a written notice from the Employer with the reasons of termination within seven days of the termination date. This is excluding any cases of redundancy, winding up or change of job specification or location;

8.11

The service fee payments shall be made in favor of Mehan LLC;

8.12

As per the UAE’s VAT federal laws, an added value of 5% of the total service fee shall be charged to the Employer as a VAT payment;

8.13

 If fees or any taxes/charges are not paid by the Employer, the Platform has the right to the following:

  1. Serve the Employer with a warning concerning the missed payment; 
  2. Momentarily suspend, limit or permanently delete the Employer’s registered account as a User on the Platform and the Employer’s membership if payments are not made within seven days of the Platform’s warnings;
  3. Take any steps as seen fit, including legal action against the Employer, in the case of a lack of payment to the Platform and/or for recovery of any due fees;
  4. Send Employers an invoice regarding our penalty fee for late payments, as outlined above.

8.14

The Platform uses Bank Transfer to receive payments from Employers on the Platform and send payments to Headhunters’ bank account details registered on the Platform.  

8.15

The Platform requires every Headhunter on the Platform to provide bank account details to be used for profit transfer. The Platform maintains the right to freeze or suspend the Employer’s account in case of late payments. For any late payments for more than ninety (90) days, the Platform may take the case to the courts of law in accordance with the Governing Laws in clause twenty eight (28).

9.    Your Information

As a registered User on the Platform, you agree to grant the Platform the complete right to use any personal or public data that you provide us with or post elsewhere on the Platform. This includes, but is not limited to, data given during registering, feedback and any email communication for the purpose of adhering to these Terms & Conditions and the Privacy Policy. You hold complete responsibility for this data, and we serve you as a vessel for the online dissemination of this data.

10.   Use of The Platform

10.1

As a registered User on the Platform, while using the Platform, you agree that you will not:

  1. Post information in any inappropriate category on the Platform.
  2. Post information that are not your right to include.
  3. Post information that we have the right to find, for whatever reason, untrue, phony, incorrect, misleading, derogatory, slanderous, threatening or that can be considered harassment of any kind.
  4. Post information, comments, queries or replies that meet one or more of the following: are untrue, racist, sexist, vulgar (including swear words), abusive, disrespectful or derogatory.
  5. Post information or list items that we may see as culturally or religiously offensive to anyone in any way.
  6. Post information that can be considered to go against religions and any related rules, morals, ethical standings and customs.
  7. Try to carry out transactions relating to a site sale outside of the Platform
  8. Cause problems that may cause us to lose a part of or the entire services of our Platform.
  9. Take any action that we may believe can create an excessive burden on our infrastructure.
  10.  Tamper with the workings of the Platform.
  11.  Try in any way to gain use of another User’s account by hacking, or attempt to trick another User into divulging personal details such as their passwords and other information.

10.2

As a registered User on the Platform, you agree, represent and authorize that:

  1. You are 18 years old or over;
  2. You have the complete authority to bind the Employer that you are registered as;
  3. You will not keep other Users’ information such as email addresses and other contact details;
  4. You will not divulge or make public any of these Users’ personal or professional information or make use of it in any other way that may fall into the category of a privacy invasion or any applicable laws

11.   Copyrights

All of the content on the Platform such as text, images, logos, icons etc. is the sole property of the Platform. This content is fully protected by copyrights, trademarks and other property rights/laws. The compilation of this content is the property of the Platform, and is also protected by the above.

12.   Trademarks

The Platform and any associated designs, terms and logos on the Platform are either registered or unregistered trademarks of the Platform and may not be used to promote or describe any product that is not owned by or credited to the Platform. All other logos and/or trademarks that are not owned by the Platform that may appear on the Platform belong completely to their corresponding owners. These owners may or may not be linked to the Platform.

13.   Abusing The Platform

The Platform asks that Users report any problems or violations of these Terms & Conditions to us. If, for any reason, you are given cause to believe that your property rights as a User has been violated in some way, please let us know. Without any prejudice to other rights of the Platform under this Agreement or by law, the Platform has the authority to suspend or delete user accounts or to delete content. The Platform can take other legal action against Users that cause issues and liabilities of any kind, who infringe the rights of others or who disobey these Terms & Conditions or our other policies.

14.   Confidentiality:

14.1

All parties of the Employers and Headhunters may receive information that proprietary to or confidential to the other party or its affiliated companies and their employers. All parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this agreement or as required by law.

14.2

The Headhunters on the Platform will provide screened and interviewed candidate’s resumes to the hiring department within the Employer’s organization. It is understood that the Employer will not disclose or share any names or information which would identify candidates or cause candidates to be referred to any third parties.

14.3

All referred candidates are considered valid referrals from the Headhunters on the Platform to the Employer unless the Employer notifies of recent or prior employment conversations which the Employer has conducted with a specific candidate within the 180 days preceding the Platform’s Headhunter’s referral of the candidate to the Employer.

14.4

The candidate referred by the Headhunter on the Platform is considered a valid and active referral to the Employer in the cases where the candidate had previous to the referral applied directly to work for the Employer, or the candidate exists in the Employer’s Resumes database, however, the candidate was not reviewed, screened or engaged in a recruitment process with the Employer, or had been engaged in a recruitment process for a different job opening than the job opening that he/she was referred for.

14.5

Referred candidates are considered active candidates for a period of one year from the date of initial referral to the Employer.

15.   Platform for Communication

The Platform is merely a platform to facilitate selling and buying services between Headhunters and Employers. The Platform itself does not directly buy or sell services. It is not and cannot possibly control all interactions between an Employer and a Headhunter, and cannot ensure that Users will complete transactions fully and in an honest manner. Considering this, you as a User cannot hold the Platform at fault for other users’ actions when it comes to transactions or any information they may share. In particular:

  1. The Platform can assist but is not held responsible for any substandard service or long waiting times or users’ inability to properly use the Platform.
  2. The Platform can assist but is not obligated by law to intercede in or resolve any disagreements between Employers and Headhunters, or other Users.
  3. The Platform can assist but cannot guarantee and has absolutely no control over the quality, safety or law-abiding nature of the services provided through the Platform or the honesty of the Users’ content, or the Headhunters’ ability to deliver services or Employers’ ability to fully pay the cost of services provided.
  4. As a registered User, Headhunter and Employer on the Platform, you release and protect the Platform and/or its representatives as it relates to any damage or other consequence of other actions of the Platform’s Users. You waive any other related claim under any other applicable law.

16.   Performance Reviews

16.1

The Platform has the right to review the performance of Headhunters on the Platform and evaluate the Headhunter’s ability to carry forward the required services by the Employer. The Platform has the right to suspend the membership of a Headhunter if the Headhunter’s performance is inadequate or is not at the required level of Mehan LLC’s services.

16.2

The platform also has the right to evaluate the employer on the platform and its credibility in the vacancies that it publishes on the platform and its commitment to all its duties to provide accurate information about the vacancy, interact with the Headhunters effectively and timely and make the required payments on time. The platform is entitled to suspend the employer's membership if the employer is not committed to the above.

17.   Privacy

17.1

The Platform is sure to take the most effective measures (physical, organizational and technological) to keep your information safe. One should remember, however, that the internet is not a 100% secure place, and thus the complete protection of your data can never be fully guaranteed. The Platform cannot control the actions of other parties who may break the security of your account and gain access to your information, and cannot be held liable.

17.2

By registering and using the Platform you agree to the Privacy Policy that is published on the website https://www.eagency.mehanhr.com   

18.   Breach of Terms and Conditions

As a registered User, Headhunter, or Employer on the Platform, if you breach these Terms and Conditions, or if the Platform believes that your dealings on the Platform can cause legal repercussions for you or other Users on the Platform, the Platform has the absolute right to fully delete or suspend User membership (including limiting User activity, deleting job openings, deleting resumes, and warning other Users of the situation). The Platform also retains the right to restore suspended accounts at any time, by their discretion.

19.   Dealing on The Platform

19.1

All services on the Platform are seen as a Headhunter’s promise or commitment to follow through with the service. All job openings published by the Employer on the Platform are seen as a serious service requirement.

19.2

As a registered User on the Platform, you agree not to “test” the Platform’s services by using fake job openings or publishing or sharing phony information or providing phony services. The Platform also has the full authority to take any necessary steps against Users who are intentionally guilty of this, whether by legal action or otherwise. You should keep in mind that though you do not disclose your real name to the Platform, your web browser has the ability to give us your unique web address, which law enforcement agents can utilize in order to identify you.

20.   Providing Feedback

20.1

Feedback is an important part of the Platform’s User experience. For this reason, the Platform advocates for Employers and Headhunters to provide each other with feedback on each other’s services/correspondence after a transaction has been closed.  This is to spread awareness for other Employers and Headhunters as to what the experience with that particular User is like. Your feedback is shown alongside your User ID. Once posted/given, feedback cannot be changed or removed. The Platform is certainly not responsible for the feedback that you leave. By agreeing to these terms and conditions, you agree to not leave feedback with untrue, defamatory content and remarks, as well as any discriminatory, abusive or culturally disrespectful/offensive comments.

20.2

20.1The Platform does not allow the transfer of feedback from other online platforms to the Platform because this does not accurately and fully represent your online reputation on our Platform.

21.   No Warranty

The unstable nature of online connections also means that the Platform may be open to data interception, site non-availability and site interruptions. In some cases, the Platform may be unavailable because of needed upkeeps or site maintenance. By agreeing to these terms and conditions, you acknowledge and agree that you shall not hold the Platform responsible for any of the previously mentioned situations and any results of those situations are out of the Platform’s control.

22.   Limitation of Liabilities

22.1

Relevant to the permitted legal degree, the Platform and all of its representatives and suppliers are not to be held liable for any losses or damages experienced by Users, Headhunters or Employers. This, excluding loss of information and profits as previously outlined, includes the accidental or intentional, direct or indirect loss of opportunities, reputation, business and any other losses that may come from your use of or dealings on the Platform, its offered services and these terms and conditions. This does not change, whether it is the effect of negligence or otherwise, and whether the Platform knows of the risk of such losses or not.

22.2

If, for any reason, you find yourself discontented with the services of the Platform, its terms or any of its content or resources, the most extensive and sure way for you to fix this is for you to stop using the Platform.

22.3

You also hereby agree that wrong or unapproved use of the Platform and all related services will result in harm to the Platform. This is unacceptable, and the Platform will certainly treat such misuse with the repercussions outlined in these terms and conditions.

23.   Indemnity

Respective agencies, affiliates, third party agents, the Platform, and Mehan LLC are to be immunized from all claims and to be held indemnified from all demands, proceedings, losses, actions, liabilities, costs, damages, any and all expenses, howsoever suffered, as a consequence of Users’, Headhunters’ or Employers’ breach of these terms and conditions, or their violation of any third party laws.

24.   Relationship and Notice

Unless otherwise explicitly stated, notices that are to be sent by Users, Headhunter or Employers to the Platform shall be sent via email to the email address z.almeqbali@mehanhr.com. A physical copy must also be sent to the Platform via courier or regular mail. The Platform shall acknowledge the receipt of such notices via email to the User, Headhunter, or Employer by return email. Any notices that the Platform wishes to be sent to the User, Headhunter, or Employer shall be done via notices posted on the Platform or via email to the email address, registered on our database, which you have provided to us during the account registration process. In the event any such email is sent, it shall be deemed to be received and read by the User, Headhunter or Employer 48 hours after the sending of the email.

25.   Disputes

Any situations including but not limited to disputes, differences, controversies or claims which arises irrespective of relation to these terms and conditions including but not limited to formation questions, scope, existence, interpretation, validity or termination of this Clause or Terms and Conditions, consequences of its nullity or any question regarding the legal relationships established by these terms and conditions, then the parties shall first attempt to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. If the dispute is not resolved between the parties in the allotted time, then the Platform reserves the right to intervene and pass judgment based solely on its discretion. In such an event, the decision made by the Platform is final.

26.   Transfer of Rights and Obligations

As a registered User, Headhunter, or Employer on the Platform, you grant the Platform the complete right to at any time, make the transfer of all or any single part of its rights, and liabilities that have either been openly expressed or assumed. The Platform agrees to, by all means necessary; notify you of any transfers via a notice on the Platform. Without explicit written consent from the Platform, any transferring of rights is prohibited under these Terms and Conditions.

27.   General

27.1

The voiding of any clause in these terms and conditions shall not affect the validity and enforceability of the remaining clauses. These terms and conditions set forth the entire agreement between you (Users, Headhunters, Employers) and the Platform and may be amended at the sole discretion of the Platform with respect to the subject matter hereof.

27.2

Any person who is not a party cannot enforce any clause of these terms and conditions. The English translation of this User Agreement shall prevail above any other translations whether on The Platform or otherwise.

28.   Governing Law

These Terms and Conditions are created in agreement with and is overseen by the law of the United Arab Emirates. This clause will continue to be relevant even if the Terms and Conditions are cancelled or expired for any possible reason. These Terms and Conditions shall be governed by and construed under the laws of the United Arab Emirates as applicable in the emirate of Abu Dhabi and any dispute in reference hereto shall be submitted to the jurisdiction of the courts in Abu Dhabi.