Terms of Service

1.Acceptance of these terms

You accept these terms when you create an account, complete onboarding, post a role, or submit a candidate. If you accept on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

2.Definitions

• Employer — an organisation that posts roles to be filled.
• Recruiter — an individual recruiter or agency that submits candidates.
• Candidate — a person put forward by a Recruiter for a role.
• Submission — a Candidate presented to an Employer for a specific role through the platform.
• Placement — a Candidate who accepts an offer and starts work.
• Placement Fee — the amount the Employer sets and pays for a Placement.
• Guarantee Period — the window, chosen by the Employer when posting, during which a departure triggers a remedy.
• Start Date — the date a Candidate actually begins work, not the offer or acceptance date.

3.Who contracts with you

Your contracting entity is determined by the country on your account.

• If your account country is India, you contract with Masotech eStaffing Private Limited and these terms apply. Invoices are raised by that entity and carry Indian GST.
• If your account country is anywhere else in the world, you contract with eStaffing Inc. and the terms for everywhere else apply instead. That is one set of terms for every country other than India, not a separate agreement per country.

You set your country during onboarding and it is shown on every invoice. If it is wrong, tell us before your first Placement, because it determines both your tax treatment and which law governs this agreement.

4.Role of the platform

We operate a marketplace. Employers post roles, Recruiters submit Candidates, and we handle the agreement, the invoice and the payment between them.

We are not:

• the employer of any Candidate;
• a party to the employment contract between an Employer and a Candidate;
• a recruitment agency, and we do not source, screen or represent Candidates ourselves;
• responsible for hiring decisions, which are the Employer’s alone, including all responsibility for lawful and non-discriminatory hiring.

We do not guarantee that a role will be filled, that a Candidate is suitable or accurately represented, or that any party will perform its obligations.

5.Employer terms

• You set the fee on every role, as a percentage of first-year salary or a flat amount per hire. We never change it and never add to it.
• You pay only on a Placement. No subscription, no posting fee, and nothing owed on a role you do not fill.
• You must describe roles accurately, have genuine authority to fill them, and respond to Submissions within a reasonable time.
• You must not use Candidate information for any purpose other than assessing that Candidate for the role they were submitted to.

Telling us about a hire

You must tell us within 5 business days of making an offer to a Candidate submitted through the platform, and again within 5 business days of their Start Date, giving the agreed salary and the actual start date.

This matters because the fee, the invoice date and the Guarantee Period all run from facts only you hold. Where you do not tell us and we learn of the hire another way, the fee is payable on the terms that would have applied, the Guarantee Period runs from the Start Date we establish, and interest runs from the date the invoice would have been due had you told us.

Checking what a fee is calculated on

We may ask you to confirm, in reasonable detail, whether a named Candidate was hired, when they started, and the salary agreed — and to produce reasonable supporting evidence such as an offer letter or a payroll record, redacted of anything not relevant to the fee. We ask only where we have reasonable grounds and only about Candidates submitted through the platform.

You will respond within 10 business days. Where you do not, or where the answer is materially incomplete, we may calculate the fee on the posted salary range or on the Candidate’s stated expectation, whichever is higher, and that calculation stands unless you produce the evidence within a further 10 business days.

6.Recruiter and agency terms

• You must have the Candidate’s permission before submitting them, and everything you tell us about them must be true.
• You must not submit a Candidate you have not spoken to, or misrepresent their experience, availability, salary expectations or right to work.
• Commission. We deduct a platform commission from the Placement Fee before paying you. The exact amount you will receive is shown on the role before you submit anyone, and on your earnings screen, and that displayed figure is contractually binding for Submissions made while it is displayed. We may change commission rates on 30 days’ notice, and a change never applies to a Submission already made.
• Commission is exclusive of taxes. Where GST applies to our commission, it is charged in addition and shown separately.

Tax we are required to withhold from your payment

Where any law requires us to deduct tax at source from an amount payable to you — including tax deducted under the Income-tax Act, 1961 — we deduct it at the rate the law requires and pay it to the authority on your behalf. We issue you the certificate.

• A deduction is not a reduction of what you earned. It is your own tax, paid early and in your name. You claim credit for it against your liability using the certificate we issue.
• Give us a valid PAN, and your GST details if you are registered.Without a PAN we are obliged to deduct at the higher rate the Act specifies, we cannot issue full credit, and we cannot refund the difference. The remedy is with the tax authority, not with us.
• A lower or nil deduction certificate applies from the day we receive it.We cannot apply one retrospectively to payments already made, and we cannot refund tax already deposited with the authority.
• The figure shown to you before you submit is the amount payable before any tax we are required to withhold. Withholding is not a change to the commission and does not breach the commitment that the displayed figure is binding.
• Where you are registered under GST, raise your invoice with GST as applicable. Where reverse charge applies to a supply, it is accounted for accordingly.
• Any tax on your own income remains yours. We do not gross up, reimburse or indemnify you for it.

When you are paid, and out of what

We pay you only out of money we have actually received and cleared from the Employer. We are not a guarantor of the Employer’s payment, we do not advance our own funds against an unpaid invoice, and we do not factor or purchase your receivable.

• If the Employer does not pay, nothing is due to you. Where we are unable to collect an invoice, in whole or in part, for any reason — including the Employer’s refusal, dispute, insolvency, dissolution or disappearance — no corresponding amount is owed to you, and we have no liability to you for the shortfall.
• Recovery costs come out of what is recovered. Where we incur costs pursuing an unpaid invoice — collection agency fees, legal and advocate fees, court or arbitration fees, enforcement and bank charges — those costs are deducted from the amount recovered before your share is calculated. If recovery costs equal or exceed what is recovered, nothing is payable to you.
• Partial recovery is shared proportionally. Where we recover part of an invoice, you receive the same proportion of your share as we recovered of ours, after recovery costs.
• Release is after the Guarantee Period. Funds are released to you once the Guarantee Period on the Placement has been fully served and the Employer’s invoice has been paid in full. Until then no amount is due, because a Placement that ends inside the Guarantee Period may require a refund we could not recover from you.
• We decide, acting reasonably, whether and how far to pursue an unpaid invoice. We are not obliged to commence or continue proceedings, and choosing not to pursue a debt is not a breach of any duty to you.

7.Candidate submission and consent

When you submit a Candidate you represent that you have that Candidate’s authorisation to share their personal information with us and with the Employer for the specific role, and that you have told them who the Employer is.

Candidate information is shared only with the Employer who posted that role. It is never made visible to other Recruiters on the marketplace. We retain Submission records for ownership, dispute-resolution and payment purposes, as set out in our Privacy Policy.

If we are told that a Candidate was submitted without authorisation, we will remove the Submission, and repeated breaches end the account.

8.Candidate ownership

Ownership runs for six months from the date we record the Submission, not from acknowledgement, interview or any later event. The recorded timestamp is authoritative.

If an Employer hires a Candidate within that six-month window, the Placement Fee is due to the owning Recruiter even if the hire came through another route.

Prior contact by the Employer

Ownership does not arise where the Employer was already in contact with the Candidate. The rule we apply:

• Employer contact within the previous 6 months — the Employer’s prior right stands and no fee is due.
• Employer contact more than 6 months earlier — that prior right has lapsed and ownership passes to the submitting Recruiter.
• Contact close to the boundary — the Submission is held for review rather than decided automatically.

Disputes over ownership

The procedure, in order:

1. Raise it within 10 business days of becoming aware, in writing to disputes@estaffinginc.com. Later claims may be refused.
2. Provide evidence. An Employer claiming prior contact must produce dated evidence predating the Submission: an email or message thread, an application or ATS record, or an interview record. An assertion without a date is not evidence.
3. We decide on the record within 15 business days, using the platform timestamp and the evidence supplied. Where evidence is genuinely balanced, the earlier documented contact prevails; where there is none, the platform record stands.
4. Payment is held, not released, while a dispute is open. Nothing is paid out and no refund is issued until it closes.

9.Placement fees

The Placement Fee is the amount shown on the role at the time of Submission, calculated on the Candidate’s first-year fixed salary, excluding bonuses, equity, overtime and allowances unless the role says otherwise.

Where the agreed salary at offer differs from the posted range, the fee is calculated on the actual agreed salary.

10.Invoices and payment

• We invoice on the Start Date, not the offer date. If a Candidate never starts, no fee is due.
• Payment terms are those you agreed at onboarding, counted from the invoice date.
• Payment is by bank transfer to the account shown on the invoice. Quote the invoice number so we can match it.
• Late payment. Overdue invoices attract interest at 1.5% per month, or the maximum permitted by law where that is lower, accruing daily from the due date until payment is received in full. We may suspend posting, withhold access, and decline new Submissions on accounts with overdue invoices.
• Disputing an invoice. Tell us in writing within 10 business days of the invoice date, setting out what is disputed. The undisputed portion remains payable on the original terms. Raising a dispute after that window does not suspend payment.

Recovering an unpaid invoice

Where an invoice remains unpaid after its due date we may, without further notice, refer the debt to a third-party collection agency, to solicitors, or to any other recovery process available to us.

You pay the cost of recovering money you owe. In addition to the invoice and the interest on it, you are liable for all costs we reasonably incur in recovering it, on a full indemnity basis, including collection agency commission and fees, legal and advocate fees, court and arbitration fees, process and enforcement costs, and any currency-conversion or bank charges arising from the recovery. These are payable on demand and are recoverable as a debt whether or not proceedings are issued.

Any payment we receive is applied first to recovery costs, then to accrued interest, and only then to the invoice itself.

11.Replacement guarantee

If a Placement ends within the Guarantee Period, the remedy is a replacement. The Recruiter has ninety (90) days from the Candidate’s last working day to present a replacement for the same role at no additional fee.Throughout those ninety days the fee is retained by us. It is not released to the Recruiter, who has not completed the Placement, and it is not refunded to the Employer, who may still receive a replacement. If no replacement has started by the end of that period, we refund the Employer under Section 12. The Guarantee Period is chosen by the Employer when posting, runs from the Start Date, and pauses during extended leave.

What the guarantee covers

• the Candidate resigns voluntarily;
• the Employer terminates for demonstrated poor performance or lack of capability;
• the Candidate does not complete probation on performance grounds.

What it does not cover

No remedy is available where:

• the role is eliminated, or the Candidate is made redundant or laid off;
• the Employer materially changes the role, location, reporting line or compensation after the Start Date;
• the Employer restructures, is acquired, ceases the function, or becomes insolvent;
• the Candidate dies or becomes permanently unable to work;
• the departure results from the Employer’s breach of the employment contract, or from harassment or discrimination;
• the Employer has not paid the invoice in full;
• the Employer did not tell us of the departure within 15 business days of it occurring.

Termination for misconduct is covered only where the Employer provides its written record of the matter. We will not adjudicate the underlying conduct.

Replacements

A replacement is one further Placement for the same role at no additional fee. If the replacement’s salary is higher, the difference in fee is payable; if lower, the difference is credited. A replacement carries its own Guarantee Period, and the guarantee is not available a third time on the same role.

The ninety-day replacement period runs from the Candidate’s last working day, not from the date the Employer asks for a replacement, so no time is lost to notification. A refund becomes available only once that period ends without a replacement having started. The Employer may not elect a refund in place of a replacement before then, and the Recruiter is not paid before then either.

12.Refunds

Where a refund is the chosen remedy, it is calculated as:

the Placement Fee received, less non-recoverable payment processing costs, less any taxes we cannot recover from the tax authority.

• Non-recoverable processing costs means bank or payment-provider charges actually incurred on the original payment and not returned to us on refund. These are itemised on the credit note.
• GST is refunded only to the extent we can lawfully issue a credit note and adjust our own liability. Where a credit note is no longer permitted for the relevant period, the tax element is not refundable.
• Refunds are paid within 30 days of the remedy being agreed, to the originating account.

13.Taxes

Invoices carry Indian GST at the applicable rate. Whether they carry CGST and SGST or IGST is determined by the place of supply, using your GST-registered state, which is why we collect it during onboarding.

If you are not registered under GST, you may say so during onboarding and no GSTIN is required. You are still charged GST; you simply cannot claim input credit, and the invoice states this.

Where you are required to deduct tax at source, deduct it at the correct rate and give us the certificate. Amounts payable to Recruiters are stated gross of any tax the Recruiter is required to account for on its own income.

14.Anti-circumvention

Circumvention means hiring, engaging or being paid for a Candidate you first learned of through the platform, other than through the platform. It includes:

• hiring a submitted Candidate directly, or through another agency, within the six-month ownership period;
• hiring them into a different role, entity, subsidiary or group company;
• engaging them as a contractor, consultant or through a third party;
• referring them to another organisation that hires them, where you receive value for it;
• contacting an Employer’s staff, or another Recruiter’s Candidates, to arrange any of the above.

The Placement Fee remains fully payable on any circumvented hire, on the terms that would have applied, calculated on the actual salary agreed. It is payable within 15 days of the hire coming to light. A circumvented hire carries no guarantee, because the Placement was never recorded.

We may request reasonable confirmation of whether a named Candidate was hired. Refusing to answer, where we have reasonable grounds, entitles us to treat the Candidate as hired.

15.Acceptable use

You may not:

• submit a Candidate without their consent, or misrepresent them;
• approach a Candidate submitted by another Recruiter using information seen here;
• post a role that does not exist, or that you have no authority to fill;
• scrape, resell, republish or bulk-export anything on the platform;
• create multiple accounts to evade limits, suspensions or ownership rules;
• attempt to access another organisation’s data, or probe the platform’s security without our written permission.

16.Confidentiality

Each party may see the other’s confidential information through the platform, including Candidate details, salary and fee terms, client identities, unpublished role requirements, and the identity and performance of Recruiters.

You must keep it confidential, use it only for the purpose it was shared, disclose it only to those in your organisation who need it, and protect it as you would your own. This survives for three years after your account closes, and indefinitely for personal data.

It does not apply to information already public, already known to you without obligation, independently developed, or required to be disclosed by law, provided you tell us first where you are permitted to.

17.Privacy and personal data

Our handling of personal data is described in the Privacy Policy, which forms part of these terms.

In summary, and specific to this agreement:

• Recruiters are responsible for having lawful authority to share Candidate information. In respect of their own Candidate relationships a Recruiter determines the purpose and means of the processing and so acts on its own account, not on ours. Which role each party actually holds is determined by the processing itself and by law, not by this description.
• Employers are independently responsible for their own use of Candidate information once received, and for their hiring decisions.
• We act as a data fiduciary for the platform itself: accounts, Submissions, ownership records, invoices and payments.
• Each party must comply with applicable data protection law, including the Digital Personal Data Protection Act, 2023 and the rules made under it.

18.Security and personal data breaches

Each of us must protect the personal data it holds with security appropriate to the harm a breach would cause, and must not weaken the platform’s own protections — by sharing credentials, bypassing access controls, or exporting data to somewhere less protected than where it came from.

If you become aware of a breach affecting personal data you obtained through the platform, tell us without undue delay and in any event within 72 hours, with what you know: what happened, whose data, how much, and what you are doing about it. Tell us as you learn more rather than waiting until you have the full picture.

If we become aware of a breach of the platform affecting your data, we will tell you without undue delay, give you what you reasonably need to meet your own obligations, and make any notification the law requires of us.

Each party makes its own notifications to the Data Protection Board and to affected individuals where the law requires them of that party. Neither makes them on the other’s behalf, and neither may delay its own to wait for the other. We will cooperate reasonably, and will not make a public statement identifying the other party without telling them first, unless the law requires it.

19.Intellectual property

• We own the platform: its software, design, database structure, documentation and all content we create. Nothing here transfers any of it to you. You get a limited, revocable, non-transferable right to use it while your account is open.
• You own the content you supply. Employers keep ownership of their job descriptions; Recruiters keep ownership of the Candidate materials they upload.
• You grant us a licence to host, store, display and transmit your content as needed to run the platform, and to keep records we are required or permitted to keep.
• Résumés and Candidate documents remain the property of the Candidate or whoever holds rights in them. Uploading one is a representation that you may share it.
• We may use aggregated, de-identified data about platform activity to improve the service and publish market statistics. This never identifies a person, an Employer or a Recruiter.

20.Suspension and termination

You may close your account at any time. We may suspend or close an account for breach of these terms, and where the situation allows we will tell you first and give you a chance to put it right. Circumvention, submitting Candidates without consent, and attempts to reach another organisation’s data may end an account immediately.

Closing a role

When an Employer closes a role it stops accepting new Submissions immediately and is marked closed. For six months it remains findable by Recruiters as a closed role. After that it no longer appears in ordinary Recruiter search results.

Recruiters who submitted to a role keep access to their own Submissions to it, indefinitely, regardless of whether the role is still visible.

If an Employer closes its account

Its open roles close, its marketplace presence is removed, and no new Submissions are possible. We do not destroy the history. Recruiters keep access to their own Submissions to that Employer, and placement, invoice, payment, guarantee and dispute records are preserved.

An Employer closing its account never erases a Recruiter’s evidence of a Submission, Placement, fee, guarantee or dispute, and never extinguishes a fee that was already owed. Ownership periods already running continue to run.

What survives: invoices already raised remain payable; fees on circumvented hires remain payable; guarantees already running continue; ownership periods already established continue; and confidentiality, intellectual property, liability, indemnity and dispute-resolution terms all survive.

21.Disclaimers

The platform is provided on an “as is” and “as available” basis. To the extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant uninterrupted or error-free operation, nor the accuracy of information supplied by Employers, Recruiters or Candidates.

We are not responsible for what a Candidate does

A Candidate introduced through the platform is your hire, not ours. We do not employ, supervise, direct or vouch for any Candidate, and we do not carry out background checks, reference checks, credential verification, criminal-record checks or right-to-work verification unless we have separately agreed in writing to do so and you have paid for it.

We have no liability of any kind, to you or to anyone else, for anything a Candidate does or fails to do before, during or after their engagement with you. That includes, without limitation:

• loss, theft, corruption or unauthorised disclosure of your data, your clients’ data, or anyone else’s;
• damage to or misuse of your property, systems, premises, equipment, funds or accounts;
• breach of confidence, misappropriation of trade secrets, or infringement of anyone’s intellectual property;
• fraud, dishonesty, theft, violence, harassment, discrimination or any other misconduct;
• negligence, poor performance, absence, resignation, or failure to hold or maintain a qualification, licence or immigration status they claimed to hold;
• any misstatement a Candidate made about themselves, on their CV or otherwise, whether or not it was repeated to you by a Recruiter or shown on the platform;
• any claim brought against you by the Candidate, or by a third party, arising out of their engagement.

Vetting is yours. You are responsible for deciding what checks a role requires, for carrying them out or having them carried out, for verifying anything you rely on, and for the access, systems, funds and information you choose to give a person you have hired. Nothing shown on the platform is a representation by us that a Candidate is who they say they are, can do what they say they can do, or is safe or suitable to engage.

22.Limitation of liability

Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data, goodwill or anticipated savings, however arising.

Our total liability arising out of or in connection with this agreement, whether in contract, tort, statute or otherwise, and whether arising from one event or a series of connected events, is limited in aggregate to the total fees you paid to us, or we paid to you, in the twelve months preceding the event giving rise to the claim.

We have no liability at all, and no cap applies because none is needed, for:

• anything a Candidate, Employer or Recruiter does or fails to do, including anything in section 21;
• a hiring, engagement or termination decision, which is the Employer’s alone;
• the accuracy, completeness or lawfulness of anything an Employer, Recruiter or Candidate supplies to us or to each other;
• an Employer’s failure to pay, or any consequence of it for a Recruiter;
• loss arising from a third-party service the platform depends on — hosting, payment, email, geocoding or similar — being unavailable, delayed or in error;
• business interruption, lost opportunity, an unfilled role, a withdrawn Candidate, or a Placement that does not work out.

Each party bears its own risk of its own decisions. Every party using this platform is a business acting on its own commercial judgement. Nothing on the platform is advice, a recommendation, or a representation that any role, Candidate, Employer or Recruiter is suitable, solvent, lawful or worth engaging.

Nothing in this agreement limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded. Where a limitation in this section is held unenforceable, it applies to the maximum extent that is enforceable and the remainder of this agreement is unaffected.

23.Indemnification

You will indemnify us, and our officers and employees, against claims, losses, damages, liabilities, fines and reasonable legal costs arising from:

• your breach of these terms or of applicable law;
• Recruiters: submitting a Candidate without proper authorisation, misrepresenting a Candidate, or breaching data protection law in obtaining or sharing their information;
• Employers: your hiring decisions and process, including any claim of unlawful or discriminatory hiring, any misleading or unlawful role posting, and your use of Candidate information after you receive it;
• your infringement of anyone’s intellectual property or privacy rights;
• any dispute between you and a Candidate, Employer or Recruiter that does not arise from our own breach.

We will tell you promptly of any claim, let you control the defence of claims that are solely about your conduct, and cooperate reasonably. You may not settle in a way that admits our liability without our written consent.

24.Dispute resolution

Before either party starts proceedings:

1. Notice. Send written notice to disputes@estaffinginc.com setting out what is disputed, the amount involved, and what you want.
2. Good-faith resolution, 30 days. Both parties try to resolve it directly. Most fee and ownership disputes are decided on documents alone.
3. Escalation. If unresolved after 30 days, either party may refer it to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat is New Delhi and the language is English.
4. Interim relief. Either party may still seek urgent interim relief from a court, particularly to protect confidential information.

Claims must be brought within one year of when the party became aware, or reasonably should have, of the facts giving rise to them.

25.Governing law

This agreement is governed by the laws of India. Subject to the arbitration provision above, the courts of New Delhi have exclusive jurisdiction.

26.Changes to these terms

We give at least 30 days’ notice by email before any change that materially affects fees, commission, the guarantee, ownership periods or liability. Continuing to use the platform after that means accepting the change.

Changes never apply retrospectively to a Submission already made, a Placement already recorded, or a guarantee already running.

27.General

Notices

Contractual notices are given by email to the address on your account, or through the platform, and are treated as received on the next business day after sending. Notices to us go to the addresses in section 28. Keep your account email current: a notice sent to a stale address is still a notice given.

Electronic records and acceptance

You agree that accepting these terms electronically, and everything done through your account, is as binding as a signature on paper. Our records of what was accepted, when, by which account and from which address are admissible evidence of it, as are the platform’s timestamps for Submissions, ownership and consents. You will not dispute the validity of an agreement solely because it was made electronically.

Force majeure

Neither party is liable for a failure or delay caused by something outside its reasonable control, including natural disaster, epidemic, war, civil unrest, terrorism, strike, government or regulatory action, failure of power, telecommunications or the internet, and failure of a third-party hosting, payment or communications provider. This does not excuse an obligation to pay money that has already fallen due.

Service providers

We use third parties to run the platform — hosting, storage, payment, email, messaging, address lookup, identity and security services — and may share what is necessary with them for that purpose. We remain responsible to you for the service under these terms, and we may change providers.

Assignment

You may not assign or transfer this agreement without our written consent. We may assign or transfer it, in whole or in part, to a group company, or in connection with a merger, reorganisation, or sale of the business or its assets, on written notice to you. Your terms do not change because we do.

Waiver

Not enforcing a right on one occasion does not waive it, and does not prevent us enforcing it later or in another case. A waiver is effective only if given in writing.

Severability

If any provision is held invalid or unenforceable, it applies to the maximum extent that is enforceable, or is severed if it cannot, and the rest of this agreement continues in force unaffected.

Entire agreement

These terms, the Privacy Policy, and any agreement you accept on the platform are the whole agreement between us on their subject, and replace anything said or written before. Nothing here excludes liability for fraudulent misrepresentation.

What survives

After an account closes there survive: invoices already raised and the interest and recovery costs on them; fees on circumvented hires; guarantees already running; ownership periods already established; and the sections on confidentiality, intellectual property, disclaimers, liability, indemnity, taxes, notices, governing law and dispute resolution.

28.Contact

Masotech eStaffing Private Limited
Dwarka, New Delhi 110075, India
General: hello@estaffinginc.com
Disputes: disputes@estaffinginc.com
Privacy: privacy@estaffinginc.com