Introduction

This Agreement is between you, the client (Client, Broker, you, your) and PayBitoPro (we, our, us, developer), which is the owner and operator of an online platform for the provision of brokerage services in cryptocurrencies (the Platform) which can be accessed at www.paybito.com (the Website) or via our Android/iOS mobile Apps or desktop application.

Background

PayBitoPro is a Technology company that offers software and hardware products and services to client organizations. Client wishes to engage us in recruiting contact center resources for the Client. The Parties wish to establish the legal basis in connection with the above-mentioned business, and to perform their respective obligations, under the terms and conditions outlined in this Agreement.

Definitions

In this Agreement:

1. “Candidate” refers to applicants for the following positions: (a) Senior Marketing Manager (SEO & Social Media), (b) Senior Content Writer, and (c) Senior Motion Graphics & Video Editor.
2. “Position” denotes the role for which the Candidate is being considered based on the requirements outlined in this Agreement.
3. “Requirements” represent the criteria provided to the Recruiter by the Company, as detailed in this Agreement.
4. “Presentation,” “Presented,” “Present” signifies the submission in writing of the Candidate’s particulars to the Company, including their CV, name, or any other information sufficient for identification. Presentation is considered to have occurred regardless of whether the Candidate eventually signs on for a position different from the one initially presented.
5. “Sign On” indicates the execution of an employment or consultancy agreement between the Company and the Candidate, regardless of its conditions.
6. “Termination,” “Terminate,” “Terminates” refer to the conclusion of the Candidate's employment under specific circumstances: resignation by the Candidate, dismissal for breach of contract, dismissal for gross misconduct, or failure of the Candidate to commence employment despite executing an employment or consultancy agreement.
7. “Another Agent” pertains to any individual representing or claiming to represent the Candidate, with or without the Candidate's instruction, whether for financial gain or not, and regardless of involvement in recruitment or Human Resources (HR).
8. “Fees” represent the fees specified in this Agreement.

Unless it is evident from the context and having regards to the generality of the Agreement that a clause intends to mean otherwise: words denoted in the singular only shall include the plural and vice versa; words denoted in any gender shall include all genders; and, terms denoting people or persons shall include both natural and legal persons (such as corporations) and vice versa.

The heading names in the Agreement are provided as a reference only and do not form part of the Agreement.

The Agreement may be executed in both English and other languages. If there is a conflict between the agreement in its various translations the English version shall prevail.

The illegality or unenforceability of any clause (or part thereof) shall have the effect of voiding that clause (or part thereof) only and not the entirety of the Agreement.

This Agreement may be executed either in one original or in two counterparts.

The terms of the Agreement shall be deemed to be binding on both Parties based on their respective conduct notwithstanding any error or defect in the execution of the Agreement.

Provision of Information

In order to enable the Recruiter to locate suitable Candidates the Company will promptly provide the following information to the Recruiter:

1. An executive summary of the Company including its areas of operation, samples of their work etc.
2. A detailed description of the Position including salary, benefits, conditions of employment, place of work and any other relevant considerations.
3. A detailed description of the desired applicant.
4. A copy of their human resources HR policy, if any.
5. A sample employment contract detailing the terms on which the Candidate would be engaged.

The performance by the Recruiter of its obligations under this Agreement is conditional upon receipt of the above and changes in these requirements must be notified in writing as soon as practicable.

Obligations of the Recruiter

The Recruiter will use its best endeavors to locate a suitable Candidate and Present this Candidate to the Company. The scope of work of resources is defined in Exhibit A. The job descriptions of the resources are defined in Exhibit B. The Recruiter will use their skill, experience in recruitment and human resources (HR) as well as industry knowledge to locate, screen, interview and test Candidates. The Recruiter may undertake searches for Candidates directly or may outsource this role to third parties or networks. Specialist tests such as drug testing, background checks and credit checks are not performed by the Recruiter.

Fees

The Client must be active in Plus subscription plan at all times for these resources to be available to the Client.

Out of Pocket Expenses

In addition to the fees outlined in the Agreement, the Company undertakes to pay, reimburse and to indemnify the Recruiter against all reasonable costs, overheads and out-of-pocket expenses incurred by the Recruiter within the scope of and during the operation of the Agreement provided always that any such expenses are approved by the Company in writing before they are incurred and that documentary evidence of the payment of said costs and their bona fide nature is presented promptly.

Application via Another Agent And Direct Application

It is agreed that:

1. The Recruiter’s Fees are still payable notwithstanding the subsequent Presentation of the Candidate to the Company by Another Agent.
2. The Recruiter’s Fees are still payable notwithstanding the subsequent application of the Candidate to the Company directly.
3. The Recruiter’s Fees are not payable if the Candidate has already been Presented to the Company (directly or by Another Agent). The Company therefore undertakes to inform the Recruiter within seven (7) days of learning the Candidate’s name if that Candidate has already been Presented directly or by Another Agent. Failure to comply with this requirement shall constitute a waiver of rights under this clause by the Company.
4.  Nothing in this clause shall affect the provision of any other clause mentioned previously.

Termination of Candidate

In the event of Termination within ninety (90) days of the Candidate commencing Employment the Recruiter shall:

1. Provide another Candidate at no extra cost to the Company; or,
2. If no suitable new Candidate can be found then the Company shall not be liable for the payment of fees under the ‘Fees’ Section  (and shall refund said fees if they are already paid). This clause shall not affect the provisions of any other clause mentioned previously.

Duration

The Agreement shall commence on the date of its execution and shall have effect until any of the following occurrences at which point the Agreement will end:

1. The completion of the minimum 12-month contract period.
2. The failure of the Company to make payments at the beginning of each month for 12 consecutive months.
3. The provision of 60 (thirty) days’ notice in writing by either Party for cancellation; failure to provide such notice will result in automatic renewal of the Agreement.

Warranties and Indemnities

1. Both Parties warrant that they have the necessary power and approval to enter into the Agreement.
2. Both Parties warrant that they are not aware of anything in their reasonable control which will or could have an adverse effect upon their ability to perform their respective obligations under the Agreement.
3. The Recruiter acknowledges that he/she does not have the right to bind the Company.
4. The obligations and benefits under this Agreement may be assigned by either Party provided that the other Party first agrees in writing to said assignment.
5. The failure or delay by either Party to enforce any term of this agreement or to act upon a breach of any term shall not constitute a waiver of their rights..
6. Both Parties warrant that they will not do anything to hinder or adversely affect the execution of the other Parties’ duties under the Agreement.
7. Both Parties agree to submit to the exclusive jurisdiction of the courts and legal system as stipulated in the agreement.
8. The Company accepts that the Recruiter is not liable for (and agrees to hold him/her harmless for) any losses arising out of:
1. Any deception, misrepresentation, fraud or fraudulent statement by the Candidate howsoever made and whether by act, conduct or omission.
2. Any loss howsoever arising caused by the Candidate acting underemployment to the Company including losses due to negligence or gross misconduct.
3. Any loss caused by the Candidate failing to take up employment as agreed.

Confidentiality

It is agreed that:

1. The Recruiter shall ensure that any confidential information or material which is obtained during the scope of this Agreement or in negotiation thereof is kept confidential including but not limited to the details of the Position and the proposed salary thereof.
2. The Company shall ensure that the details of the Candidate are kept confidential at all times and undertake not to share this information with any third parties.
3. The Recruiter undertakes that he shall not expose any confidential information except with the prior written consent of the Company or if directed to do so by a competent Court provided that such information has not previously entered the public domain by other means.
4. The terms outlined in the above three points shall remain in effect indefinitely, even after the termination of this Agreement.

Variation

Any variation to this Agreement shall be made in writing and signed by both Parties.

Notices

Any notice served under this Agreement shall be made in writing and shall be considered served if it is handed to the other Party in person or delivered to their last known address or any other such address as the Party being served may have notified as his address for service. All notices shall be delivered in English.

Governing Law, Disputes and Arbitration

It is agreed that:

1. The Agreement is made under the exclusive jurisdiction of the laws of California, USA.
2. Disputes under this Agreement shall be subject to the exclusive jurisdiction of the courts of California.
3. Both Parties agree that in the event of a dispute, they will submit to arbitration before the International Chamber of Commerce, engaging a single arbitrator whose decision shall be deemed final, notwithstanding the terms outlined above.

Exhibit A

Scope of work

Three Contact Center and Chat Support Resources:

Party A shall provide the following contact center and chat support resources to address customer inquiries and provide assistance:

• Handle inbound and outbound customer calls, emails, and other communication channels.
• Provide timely and efficient resolution of customer queries, complaints, and requests.
• Provide real-time assistance to customers through online chat platforms.
• Address inquiries, resolve issues, and provide general support in accordance with Party B's requirements.
• Maintain a positive and professional attitude while delivering excellent customer service.

Exhibit B

Job description for the resources

Contact Center and Chat Support Representative

Job Brief

We're looking for Contact Center and Chat Support Resources to deliver exceptional customer service via phone, email, and chat platforms. If you're a B.Tech graduate with a passion for assisting customers, we want to hear from you

Key Responsibilities:

• 1. Handle customer inquiries via phone, email, and chat with professionalism and empathy.
• 2. Provide accurate information and assistance to resolve customer issues promptly.
• 3. Document interactions accurately for tracking and follow-up.
• 4. Collaborate with team members to resolve complex customer inquiries effectively.
• 5. Maintain a positive and helpful attitude in all customer interactions.

Requirements:

• 1. Proven experience in customer service roles.
• 2. Excellent communication skills, both verbal and written.
• 3. Ability to multitask and prioritize tasks in a fast-paced environment.
• 4. B.Tech graduate.