This Terms of Service constitutes the terms and conditions of the recruitment service to be provided by e-Job Agency Limited (“e-Job”), including its service fee schedule, which apply to all the recruitment services e-Job provides for employment of full-time workers, part-time workers (regardless of whether the period of the employment contract is fixed or not).
The recruitment services refer to recruitment service through e-Job’s homepage (https://e-job.hk)，events and seminars to be held by e-Job, and respective fee for recruitment services shall apply. The warranty period can be referred to the table below. The fee and the warranty period may be revised without prior notification and agreement. The revised fee and warranty period can also be found in e-Job’s website, therefore, it is recommended that the Client should time to time check the updated fee and guarantee period/status on the website (https://e-job.hk) for details.
October 1, 2019
| Employment Status ※ |
Service Fee |
Warranty Period |
| Full-time employee |
Charge one-month salary of the employee |
1 month |
| Part-time employee |
Charge one-month salary or HK$5,000.00, whichever is higher |
1 week |
| Internship |
HK$5,000.00, whichever is higher |
1 week |
※"Full-time employee" refers to a monthly-paid employee who works full-time with working hours of at least 30 hours a week. "Part-time employee" refers to a monthly-paid employee who assumes work of less than 30 hours a week. "Temporary employee" refers to an employee who is paid by hourly rate. "Internship" refers to a person engaging in labor in a company or organization in order to gain experience of a specific job role, whether paid or unpaid.
The monthly salary of the above employee refers to the total salary received during one month of providing service by the candidate to the Client, who is procured and/or introduced by e-Job after recruited by the Client (“Candidate”). Specifically, monthly salary refers to all ordinary and regular payments to the Candidate for work and services including benefits (such as housing allowance, transport allowance, dependent allowance, traveling allowance, meal allowance, education allowance etc.). However, any unfixed allowances or benefits (such as full attendance allowance, overtime fee, holiday attendance allowance) and discretional performance bonuses are not included as salary.
-
(a)The Client is liable to pay e-Job recruitment service fee as long as the Candidate has been employed by the Client when the warranty period is expired.
(b)It is the Client’s sole duty to report back to e-Job within 3 business days from the date the Candidate commences work with the Client. If the Client is late in reporting to e-Job within 3 business days, a late charge of 2% of the service fee will be chargeable forthwith by e-Job in addition to the service fee for every 10 days’ late in reporting (to be calculated on pro rata basis). Subject to Clause 5 below, this late charge is chargeable until and including the date that the Client reports back to e-Job.
(c)Invoices for recruitment service fee(s) and/or any late charge(s) will be issued on the date the warranty period is expired. The Client shall either pay directly to e-Job’s designated bank account or by sending cheque(s) drawn in favour of “e-Job Agency Limited”. All e-Job’s invoices must be settled in full within 30 days from date of invoices. If payment is not duly received after thirty days from the invoice issue date, a delay of 5% is added per month.
(d) The fee is charged on contingency basis and no fee is required before employment of any Candidate. All fees are billed in Hong Kong Dollar or its equivalent in any other currencies (to be calculated and converted based on the international official rate on the date of employment between the Client and the Candidate).
In relation to the warranty period, should the Candidate resigns within the warranty period, e-Job will not charge any fees to the Client, save and except the happening of any of the following circumstances:
(a)The Candidate resigns due to the difference between information contained in the recruitment published on e-Job website and the actual work condition given by the Client; or
(b)The Candidate’s work duty or act required of by the Client is of or relating to an illegal act in Hong Kong; or
(c)The Candidate, due to no fault of the Candidate, is dismissed unreasonably by the Client; or
(d)The Client did an illegal or unreasonable act causing the Candidate to be dismissed or resigned on his/her own initiative.
In the case where the Client employs or engages a Candidate (which is in substance an employment) and fails to report back to e-Job within 30 calendar days from date of commencement of work by the Candidate, the Client shall be responsible to pay e-Job a fixed penalty of HK$5,000 in addition to the regular service charge and the late charge as stated in Clause 3(b).
In the case where the Client intentionally conceals the employment of a Candidate who is introduced by the recruitment services of e-Job, the Client is liable to pay an additional penalty of three times the amount of the regular service charge in addition to the regular service charge and the late charge as stated in Clause 3 and Clause 5.
In the case where the potential candidate who e-Job first introduced to Client is also introduced to the Client by other third party recruitment agencies and this potential candidate commences employment subsequently with the same Client through introduction by any of third party recruitment agencies, the Client is liable to pay e-Job service fee as this recruitment is deemed to be procured successfully by e-Job first for the Client.
In the case where a potential candidate is introduced to Client by e-Job first but was not employed by the Client and then this potential candidate commences employment subsequently with the same Client at any time within 12 months after e-Job’s first introduction, or in the case where a potential candidate is introduced to Client by e-Job first and the Client employs the potential candidate but terminates the employment before the warranty period is expired and then the potential candidate commences employment again with the same Client at any time within 12 months after e-Job’s first introduction, (whether or not through introduction by any third party recruitment agencies), the Client is still liable to pay e-Job service fee as this recruitment is deemed to be procured successfully by e-Job for the Client.
The employment information of a candidate as provided by e-Job, such as academic background, employment history, ability, experience, knowledge etc., are listed as per the candidate’s representation to e-Job. e-Job made no representation as to accuracy, truthfulness and/or completeness of such employment information. All such employment information of the candidate is for reference only. The Client is responsible for all checks against the candidate and his/her employment information as the Client may deem necessary at their sole expense. After the Client has approved a candidate, the decision of employing or otherwise is solely by the Client, e-Job takes no responsibility thereof. e-Job at no time guarantees nor warrants to the Client that the employment information provided are complete, true and accurate and the Client hereby expressly waives its right to make any claims against e-Job for any damages or losses as may arise due to negligence recklessness incompleteness untruthfulness in the handling providing of or contained in the employment information of a candidate.
-
(a)Should there be any claim against e-Job by the Client, the Client accepts that the total liability of e-Job shall be limited up to an amount equal to and not more than the service fee charged or chargeable, provided that e-Job is proven to be the defaulted party in causing such damages or losses to the Client through breach of this Terms of Service and/or in the law of equity or tort.
(b)In no event shall either party hereof be liable to the other for any punitive, indirect, incidental, special, or consequential damages or expenses arising out of this Terms of Service even it has been advised of the possible existence of such liability.
All outstanding payment obligations of the Client under this Terms of Service shall subsist even after termination or early termination of this Terms of Service.
This Terms of Service shall continue in effect until one year from the date of commencement of this Terms of Service. This Terms of Service shall be automatically renewed for another one year under the same terms and conditions, unless intention from client. In the case of cancellation of this Terms of Service, the Client must give e-Job a one-month prior written notice of cancellation, which can be made in the form of letter or fax or email (duly signed with company chop affixed by authorized representative of the Client).
-
(a)The Client hereby acknowledges that all Confidential Information is the sole and exclusive property of the e-Job. The Client shall disclose Confidential Information only to those of its officers and/or employees (ⅰ) to whom such disclosure is necessary to accomplish the purpose of this Terms of Service or for recruitment purpose; and (ⅱ) who are bound to duties of confidentiality as appropriate to the Client’s obligation hereunder. Except as specifically agreed to in writing between the Client and e-Job, neither the Client nor any of its officers or employees shall, at any time during the term of this Terms of Service or thereafter, directly or indirectly, communicate or disclose to any person not specifically authorized by e-Job or use any Confidential Information for its or his/her own account or business. The term “Confidential Information” as used herein means any information or materials disclosed to the Client or known by the Client directly or indirectly as a consequence of or through its engagement hereunder, including any personal and/or employment information of a candidate, the business and/or accounts of e-Job, all Terms of Service and the terms and conditions therein made between the Client and e-Job.
(b)Without limiting the foregoing, the Client shall implement and maintain security procedures in accordance with no less than standard best practice to ensure that any personal data or any personally identifiable information of candidates/ employees/ customers/ suppliers and Confidential Information of e-Job is not lost, stolen, divulged or otherwise used, modified or accessed by any third party without e-Job’s prior written approval.
This Terms of Service replaces or supersedes any and all prior or contemporaneous or existing oral or written agreement entered into between e-Job and the Client in the respect of the same subject matter. This Terms of Service shall be governed by and construed in accordance with the laws of Hong Kong and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
メールでお問合せ
WhatAppでお問合せ
LINEでお問合せ
