Standard Services Agreement between MDVakansiya.az and Employer
Effective Date: [Insert Date, e.g., November 12, 2025]
Parties: This Employer Services Agreement (the "Agreement") is entered into between MDVakansiya.az ("Platform," "we," "us," or "our"), a job portal operated by [Fictional Company Name], located at [Address, Baku, Azerbaijan], and the employer entity ("Employer," "you," or "your") signing up via the Platform's employer dashboard.
Recitals: WHEREAS, the Platform provides online job posting and recruitment services to connect employers with job seekers in Azerbaijan and internationally; WHEREAS, Employer desires to access certain features and functionalities for posting vacancies, managing applications, and related services; NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:
1. Services Provided (Features and Functionalities) 1.1 Access to Platform: Upon registration and acceptance of this Agreement, Employer receives a non-exclusive, non-transferable license to use the Platform's employer dashboard for the Term (defined below). This includes:
1.2 Free vs. Premium Tiers: Basic access is free (limited to 1 Job Ad/month); Premium subscriptions (e.g., 50 AZN/month) unlock unlimited postings, advanced analytics, and priority placement. All services are provided "as is" without warranties of hire success.
2. Employer Responsibilities 2.1 Employer agrees to:
2.2 Prohibited Conduct: Employer shall not post fraudulent Ads, harass candidates, or use the Platform for non-recruitment purposes (e.g., marketing unrelated products).
3. Platform Responsibilities 3.1 We agree to:
3.2 Limitations: We do not guarantee candidate quality, hire rates, or response times from applicants. Services may evolve; we will notify of material changes.
4. Fees and Payment 4.1 Pricing: As per the selected plan (free/basic or Premium). Free tier: 0 AZN. Premium: 50 AZN/month (billed monthly) or 500 AZN/year (20% discount). Add-ons (e.g., sponsored Ads): 10–30 AZN per post. All fees exclude 18% VAT. 4.2 Payment Terms: Invoiced upon signup/renewal. Payment due net-30 days via bank transfer (e.g., Kapital Bank), credit card (Visa/Mastercard), or e-wallets (GoldenPay). Late payments accrue 1.5% monthly interest. Subscriptions auto-renew unless canceled 7 days prior. Refunds only for overpayments or service downtime exceeding 5%. 4.3 No hidden fees; disputes resolved via arbitration in Baku.
5. Confidentiality and Data Protection 5.1 Confidential Information: Each party agrees to protect the other's non-public data (e.g., Employer branding materials, candidate details) and use it only for Agreement purposes. Disclosure only with written consent or as required by law. 5.2 Data Ownership: Employer owns its Job Ads and applicant data post-download; Platform owns aggregated analytics. We process data per our Privacy Policy (mdvakansiya.az/privacy). 5.3 Breach: Immediate notification; remedies include injunctions and damages.
6. Intellectual Property 6.1 Platform owns all rights to its software, trademarks (e.g., MDVakansiya.az logo), and content. Employer grants us a license to use its Job Ads and branding for Platform display. 6.2 Employer warrants it has rights to submitted content; infringement claims handled per DMCA-like process.
7. Term and Termination 7.1 Term: Initial 1-month (free) or subscription period; auto-renews monthly/annually. 7.2 Termination: Either party may terminate with 30 days' notice. For cause (e.g., breach), immediate. Upon termination: Access ends; Employer may export data within 30 days; outstanding fees due. 7.3 Survival: Sections 2 (Responsibilities), 4 (Fees), 5 (Confidentiality), 8 (Liability), and 9 (Governing Law) survive.
8. Warranties, Disclaimers, and Liability 8.1 Warranties: Mutual warranty of authority to enter Agreement; Platform warrants services will materially conform to descriptions. 8.2 Disclaimers: EXCEPT AS STATED, SERVICES PROVIDED "AS IS." NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. WE DISCLAIM LIABILITY FOR CANDIDATE ACTIONS OR HIRE OUTCOMES. 8.3 Limitation of Liability: Total liability capped at fees paid in prior 12 months. No indirect damages (e.g., lost profits). Indemnity: Each party indemnifies the other for breaches (e.g., data misuse).
9. Governing Law and Dispute Resolution 9.1 Governed by laws of Azerbaijan (exclusive Baku jurisdiction). Disputes resolved via negotiation, then arbitration under Azerbaijan Chamber of Commerce rules. No class actions.
10. Miscellaneous 10.1 Entire Agreement: Supersedes priors; amendments in writing. 10.2 Severability: Invalid provisions severed. 10.3 Force Majeure: Excused for uncontrollable events. 10.4 Assignment: Not without consent.