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Terms and Conditions


Win-Win Hiring by Mr Job
Terms and Conditions
1. Agreement
1.1 These Terms and Conditions ("Terms") govern the provision of recruitment and human resources services ("Services") by Win-Win Hiring ("Win-Win Hiring by mr job," "we," "us," or "our") to the client ("Client," "you," or "your").
1.2 By engaging Win-Win Hiring's Services, the Client acknowledges and agrees to be bound by these Terms.
2. Services
2.1 The specific Services to be provided by Win-Win Hiring will be outlined in a separate written agreement ("Agreement") between the Client and Win-Win Hiring.
2.2 Win-Win Hiring will use commercially reasonable efforts to provide the Services in a professional and timely manner.
3. Fees
3.1 Fees for the Services will be as set forth in the Agreement.
3.2 Fees are typically payable upon successful placement of a candidate.

4. Client Responsibilities
4.1 The Client shall provide Win-Win Hiring with all necessary information and materials to enable Win-Win Hiring to perform the Services effectively.
4.2 The Client shall cooperate fully with Win-Win Hiring throughout the recruitment process.
4.3 The Client shall promptly review and respond to all communications from Win-Win Hiring.
5. Confidentiality
5.1 Both parties agree to hold confidential all information received from the other party during the course of the engagement, except for information that:
* is already publicly known;
* is independently developed by the receiving party;
* is lawfully obtained from a third party; or
* is required to be disclosed by law.
6. Warranties and Disclaimers
6.1 Win-Win Hiring warrants that it will perform the Services in a professional and diligent manner.
6.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, WIN-WIN HIRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR1 A PARTICULAR PURPOSE.
7.2 Limitation of Liability
7.1 IN NO EVENT SHALL WIN-WIN HIRING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA,3 OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF4 SUCH DAMAGES.
7.2 WIN-WIN HIRING'S TOTAL AGGREGATE LIABILITY TO THE CLIENT ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE FEES PAID BY THE CLIENT TO WIN-WIN HIRING FOR THE SERVICES GIVING RISE TO SUCH LIABILITY.
8. Termination
8.1 Either party may terminate the Agreement for any reason upon thirty (30) days' written notice to the other party.
8.2 Win-Win Hiring may terminate the Agreement immediately upon written notice to the Client if the Client breaches any material provision of these Terms.
9. Governing Law
9.1 These Terms shall be governed by and construed in accordance with the laws of the State of new york.
10. Dispute Resolution
10.1 The parties shall attempt to resolve any dispute arising out of or relating to these Terms through good faith negotiation.
10.2 If the parties are unable to resolve a dispute through negotiation, such dispute shall be submitted to [Insert Dispute Resolution Method, e.g., mediation, arbitration].
11. Entire Agreement
11.1 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede5 all prior or contemporaneous communications, representations, or agreements, whether oral or written.6
12. Severability
12.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.7
13. Waiver
13.1 No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or8 default.
14. Independent Contractor
14.1 Win-Win Hiring is an independent contractor and not an employee or agent of the Client.
15. Force Majeure
15.1 Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited9 to acts of God, war, terrorism, natural disasters,10 epidemics, pandemics, and government actions.
16. Assignment
16.1 These Terms shall not be assigned by either party without the prior written consent of the other party.
17. Notices
17.1 All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered,11 return receipt requested, addressed as follows:12
If to Win-Win Hiring:
4 Koshonov rd.
or to such other address as either party may designate in writing from time to time.
18. Refund Policy
18.1 Win-Win Hiring guarantees sixty day replacement period. If the placed candidate voluntarily terminates their employment or is terminated for reasons unrelated to the Client's violation of the employment agreement within this period, Win-Win Hiring will, at no additional fee, replace the candidate with a suitable replacement.
18.2 The client must notify Win-Win Hiring in writing within 2 business days of the termination of the placed candidate.
18.3 This replacement policy does not apply if the candidate's termination is due to:
Changes in the Client's business or staffing needs.
The Client's breach of the employment agreement.
The placement was for a temporary or contract-to-hire position.
Or anything that wasn't discussed at sorting.
18.4 Win-Win Hiring will make commercially reasonable efforts to provide a replacement candidate within a timely manner.
18.5 In the event that Win-Win Hiring is unable to provide a suitable replacement candidate within sixty days of the initial notification, and after all reasonable measures have been exhausted, Win-Win Hiring may offer a pro-rated refund of the placement fee, calculated based on the remaining portion of the guaranteed replacement period. This refund option will be at the sole discretion of Win-Win Hiring.
18.6 Refunds, if applicable, will be processed within 7 business days of the written agreement on the refund amount.
19. Contact Information
19.1 For any questions regarding these Terms, please contact Win-Win Hiring at 845-822-1713.

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