DAWAAMI TERMS OF BUSINESS
This document is the Terms under which you may make use of the Dawaami Services provided via Our Site www.dawaami.com. Please read these Terms carefully before you make use of the Dawaami Services.
By registering to access the Dawaami you agree to be bound by these Terms. These Terms shall apply each time you use the Dawaami Services (unless otherwise agreed in writing) and shall prevail over any inconsistent terms or conditions contained, or referred to, in your standard terms of business or any other document supplied by you, or implied by law, industry custom, practice or course of dealing. In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail. We reserve the right to change these Terms at any time without notice, by posting changes online. You are responsible for checking these Terms every time that you access the Dawaami, in order to ensure that you are aware of any changes. Your continued access to and use of the Dawaami, after changes are posted, constitutes your acceptance of the amended Terms.
By accepting these Terms you warrant that you have full capacity and authority to enter into and perform an Agreement with us to use the Dawaami Services, and are duly authorised to bind the party for whom you act.
Who We are
We are Dawaami (“Dawaami” or “We” or “Us” or “Our”). We are registered Company in the United Arab Emirates under Dawaam Management Consultancy License number: 660965.
DEFINITIONS AND INTERPRETATION
For the purpose of these Terms, the following definitions shall apply:
On a Regular basis on the site we will use the word “Dawaamer” instead of the word “Recruiter” and the phrase “Hiring Company” instead of the word “Employer” and “JD” to define “Job Description”
Account: By signing up to the Dawaami.com, as either an Employer or Recruiter, you are creating an account, which will contain your activity on the Dawaami.
Agreement: The agreement between Us and you pursuant to which you make use of the Dawaami Services, the terms of which are set out in these Terms.
Candidate: A person introduced, directly or indirectly, by the Recruiter to the Employer through the Dawaami Services, to be considered for a role.
Employer or Hiring Company: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) that uses the Dawaami Services to post details of one or more Vacancies with the view of employing a Candidate.
Dawaami Fee: The fee that We deduct from the Recruiter’s Placement Fee for the Dawaami Services We provide. This is calculated at 20% of the total fee agreed upon
Engagement: The act of an Employer accepting a Recruiter’s engagement request via Dawaami, to submit Candidate(s) to their Vacancy.
Fee: The agreed upon value of an Engagement should the Engagement be successful.
Fee Period: The period a Recruiter is deemed to have ownership of a Candidate which shall be six months from the date of submittal of such Candidate’s CV to Dawaami.
Dawaami: Refers to Our Site in which an Employer may post Vacancies and source Candidates and a Recruiter may submit Candidates to Vacancies.
Hire or Placement: This is the employment of a Candidate by or on behalf of an Employer directly or indirectly following the introduction of a Candidate by a Recruiter via Dawaami. This covers all sorts of types of employment – including but not limited to Permanent, Temporary, Contract.
Placement Fee: The fee agreed upon between the Employer and the Recruiter before the Engagement which is only payable by the Employer to Dawaami upon the hiring of a Candidate. The Fee can not be changed only in writing and agreement between both parties with Dawaami in agreement.
Payment Schedule / Refund: This refers to the Payment Schedule agreed to the Recruiter or the Refund to the Employer.
Refund Period: The period calculated by reference to the start date of a Candidate’s employment and the date of the Candidate’s termination of employment (as further detailed in these Terms), during which Employer is entitled to a full or partial refund of the Placement Fee should the Employer (acting reasonably) determine that the Candidate is unsuitable and terminates the Candidate’s Employment.
Recruiter or Dawaamer: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) who uses the Dawaami Services to introduce one or more Candidates to Employers in respect of any Vacancy.
Recruiter Fee: The fee payable to a Recruiter upon a Placement, which is displayed on Dawaami and calculated as the Placement Fee minus Dawaami Fee. Only payable to the Recruiter once we have received the Placement Fee from the Employer, and upon the Candidate satisfying the Refund Period.
Start Date: The date on which a Candidate commences employment, with an Employer following the acceptance by the Candidate of an offer of employment by an Employer.
Terms: These terms and conditions under which you may make use of the Dawaami Services.
Vacancy/Vacancies/Role/Job: A job vacancy posted by the Employer on the Dawaami.
Workspace: Refers to the Employers accepting a bid from a Recruiter and the messaging service and lines of communication that is subsequently opened were all correspondents are stored and CVs uploaded.
In these Terms words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa.
In order to use the Dawaami Services, We ask that both the Employer and the Recruiters provide as much accurate information as possible. We will aim to validate as much of that information as possible and failure to have complete profiles could result in denied access to the site or suspension of accounts.
THE EMPLOYERS OBLIGATIONS
The Employer agrees to be bound by these terms by accepting details of details of, or viewing, or engaging, a candidate introduced by or through Dawaami service
The Employer agrees to provide as much accurate information regarding the position which the Employer seeks to fill, including the type of work that the candidates would be required to do, the location of work, the experience and qualifications required
The Employer shall use their best endeavours to keep confidential any confidential information of any Candidate (including without limitation any CV or other information provided in support of an application for a Vacancy) that is provided to the Employer in connection with the Dawaami Services.
Dawaami is not responsible for any Candidates or the data that is provided to them by the Recruiter. It is the responsibility of the Employer to satisfy itself as to the suitability of the Candidate and that all the information, including background and reference checks are carried out either by the Employer or the Recruiter.
The Employer agrees to notify Dawaami immediately when an offer of employment has been accepted by a Candidate in order for Dawaami to raise the correct invoice for the Placement Fee.
The Employer agrees that:
(a) the candidate is not contacted directly by the Employer for any role for a period of 6 months of introduction by Dawaami. Should they hire that Candidate within that period they will be liable for any Fees that would have been payable.
(b) no referrals will be asked from the candidate for any role for a period of 4 weeks of introduction by the Recruiter unless if candidate becomes a full-time employee. Any referrals will be considered a Dawaami candidate and the full fee will be payable.
(C) the Candidate will not be passed on to directly or indirect to another firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement of that Candidate. If Found to do so then the full fee will be liable.
(D) if they have received the Candidates CV already that they inform the Recruiter immediately. Should you ask the specific Recruiter to arrange an interview for you with that said Candidate than you are acknowledging that the Candidate is not represented by another Recruiter. In the event of such a dispute We will investigate and based upon the available evidence as displayed in the “Workspace” make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
(E) to inform Dawaami should any of the Recruiters reach out to the Employer directly and try to avoid, circumvent or workaround the Dawaami Services or Our Site with the hope of avoiding paying any Dawaami Fees. If this is found to be the case the Recruiter will be barred from the site with Immediate effect – commission will still be due and paid to Dawaami – minus a 20% fee.
THE RECRUITERS OBLIGATIONS
When engaged with an Employer on the Dawaami, the Recruiter shall not use the Employer’s company name or brand publicly when advertising the Employer’s vacancy and searching for Candidates, unless specifically allowed to in writing by the Employer.
The Recruiter will take all steps as are reasonable practicable to ensure that it would not be unfavourable to the interests of either the Employer or the Candidates for the Candidates to work in the position which the Employer seeks to fill.
The Candidates must meet the specification set out by the Employer in the Vacancy. The Recruiter agrees to properly screen Candidates which they submit to Vacancies and not just send CV’s in the Database to fill roles. We will on occasion and if any dispute arise have the right to contact the Candidate directly and see if they had been contacted by the Recruiter for that specific role at hand.
All CV submissions for Vacancies must be sent through Dawaami Platform. Any actions that circumvent or attempt to circumvent Our Site and the Dawaami Services by submitting CVs in any other way will lead to Account termination and all loss of Account information, Account data, and Account reviews. In the event of such termination, all your information will be removed from the site and no placement fees will be due to you for any hiring past present or future.
The Recruiter agrees
(A) The Recruiter agrees that they shall not approach directly any Employers to whom they have been introduced to by Dawaami, engaged with on the Dawaami, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by Dawaami, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the introduction. If there is reason to believe or that there is proof that the Recruiter has done so than the account will be suspended immediately and all Fees past present and future will be withheld.
(B) to not directly or indirectly try to work around, avoid, circumvent or otherwise exploit the Dawaami Services or Our Site with the hope of avoiding of Dawaami collecting the Dawaami Fee.
(C) to agree to any decision on the origination of a Candidate as per clause (D) under Employer Obligations, The Employer is obliged to tell the Recruiter immediately if they have the CV of the Candidate from another source. Should you be asked by The Employer to arrange an interview with that said Candidate than The Employer is acknowledging that the Candidate is not represented by another Recruiter and you would be legible for the Fee should the Candidates be hired. Should a dispute arise Dawaami will investigate further as to the origination of the Candidate’s CV and based upon the available evidence as an independent party make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
THE PLACEMENT FEE
Where a Candidate is submitted via Dawaami and is successfully appointed in a posted Vacancy, or within any other role within the Employer’s organisation (including any organisation within the Employer’s group), We will invoice the Employer on the Candidate’s Start Date for the Placement Fee.
The Placement Fee is payable within 30 days from when the Candidate starts. If the Candidate in question does not commence employment, the Placement Fee shall not be payable.
An Employer will be liable for the Placement Fee in respect of a Candidate, where within six months of the Candidate being introduced to the Employer:
- The Employer employs that Candidate on a permanent or temporary basis; or
- the Employer initially rejects the Candidate, but subsequently employs the Candidate or engages with the Candidate in any capacity; or
- the Employer refers the Candidate to a third party, including another company or business in the Employer’s group of companies, and that third party employs or engages with the Candidate.
The Placement Fee excludes VAT and other duties or taxes, which will be payable by the Employer in addition to the Placement Fee at the rate in force.
We shall be entitled to deduct from any payments due to a Recruiter any amounts to account for any damages, losses or costs incurred by Dawaami arising as a result of a Recruiter’s breach of this Agreement or its negligent acts or omissions.
The Employer must notify Dawaami of any dispute concerning a Placement Fee within 10 days from the date of such Invoice by email to firstname.lastname@example.org Otherwise, the Client is deemed to have accepted the Placement Fee. Where the Client notifies Dawaami that the Client disputes a Placement Fee within 10 days from the date of the Placement Fee, Dawaami will investigate such dispute and will inform the Client of Dawaami’s findings.
The Client agrees to pay the Placement Fee for the Service within the timeframe and using one of the payment channels specified in the Invoice issued by Dawaami. The Client may be charged a late payment Charge if The Client does not pay the Placement Fee by the due date specified on the Invoice.
The Employer agrees that the Placement Fee will be released to the successful Recruiter in line with the aforementioned schedule, of 50% on the 61stday and 50% on 91st day respectively (providing the Candidate in question has not ceased employment with the Employer in line with the aforementioned Refund terms). Should an Employer have any variation in the payment schedule that this must be clearly stated when publishing a Job Vacancy on the site under “Additional Info” text box. If this is not made clear than it is assumed that the standard payment schedule as laid out in the “Refund Policy & Guarantee Period” clause is to be honoured.
REFUND POLICY & GUARANTEE PERIOD
Should the Candidate leave the employment of the Employer within ninety (90) days from the commencement of the Engagement (except where the Candidate is made redundant, or a change in management) the following refunds will be available
- 100% from 1 –60 days
- 50% from 61 – 90 days
The Employer must notify Dawaami in writing within 7 working days of the candidates leaving the Employer’s employment. email@example.com
The Refund shall be repayable to Dawaami in full where the Employer, any subsidiary, associated or holding company of the Employer subsequently re-engages the Candidate in any capacity within a period of six months.
THE RECRUITER FEE AND DAWAAMI FEE
On a Candidate’s Start Date, Dawaami shall invoice the Employer for the Placement Fee as agreed upon when engaging the Recruiter. The Placement fee will be held with Dawaami and paid to the Recruiter when it is free of any Refund periods as set by the Employer in previous clauses.
The Recruiter Fee will be released to the successful Recruiter in line with the aforementioned Refund schedule, on or around the 61st and 91st day respectively (providing the Candidate in question has not ceased employment with the Employer in line with the aforementioned Refund terms).
Dawaami Fee will be processed in the same way as the Recruiter with 50% of our 20% fee due on the 61day and the remaining 50% due on 91stDay
On Occasion the Employer will request a variation of Dawaami’s payment terms – this must be clearly stated when publishing a Job Vacancy on the site under “Additional Info” text box.
EMPLOYER AND RECRUITER ACCOUNT TERMINATION
We may suspend an Employer or a Recruiter’s access to the Dawaami Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all data and information associated with the Recruiter’s Account on the Dawaami.
We may also terminate or suspend any and all Dawaami Services and access to Our Site immediately, without prior notice or liability, if you breach any of the Terms of this Agreement. Upon termination of your Account, your right to use the Dawaami Services, access Our Site, and any content will immediately cease. All provisions of the Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation: ownership provisions, warranty disclaimers, and limitations of liability.
LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES SHALL DAWAAMI NOR ANY OF ITS SUBSIDIARIES OR HOLDING COMPANIES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DAWAAMI SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHICH ARE INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE THAT MAY ARISE OUT OF OR RELATE TO THE USE OF THE DAWAAMI SERVICES, EVEN IF FORESEEABLE. OUR TOTAL LIABILITY TO EACH OF THE RECRUITER AND THE EMPLOYER SHALL BE LIMITED TO THE AMOUNT OF THE APPLICABLE SERVICE FEE.
This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law. The Employer and the Candidate agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms.
The Employer and the Recruiter acknowledge that Our Site operates a transparent feedback and review functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have a detrimental impact on the Recruiter’s or Employer’s feedback and reputation.
Unless otherwise agreed in writing, by using Our Site and Dawaami Services all users give Us permission to disclose our business relationship to other parties to promote Our provenance. This includes (but is not limited to) your company name, logo, testimonials and any written or verbal communication.
GOVERNING LAW AND JURISDICTION
Any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
For any queries or question regarding the terms of business please contact firstname.lastname@example.org