Terms of Service

01

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "Candidate", or "User") and Thinkers Generation, a recruitment and executive search firm registered in India ("Company", "we", "our", or "us").

These Terms govern your access to and use of our website at thinkersgeneration.com and all recruitment, staffing, and talent consulting services offered by us.

These Terms must be read in conjunction with our Privacy Policy, which is incorporated herein by reference. Together, they form the entire agreement between you and Thinkers Generation.

02

Our Services

Thinkers Generation provides professional recruitment and talent solutions including, but not limited to:

All services are subject to a separate engagement letter, proposal, or client mandate form that outlines the specific scope, deliverables, timelines, and fees applicable to that engagement.

03

Client Obligations

As a client organisation engaging Thinkers Generation for recruitment services, you agree to the following obligations:

• Accurate Information: Provide accurate, complete, and timely information regarding the position, role requirements, compensation band, reporting structure, and organisational culture.
• Timely Feedback: Provide interview feedback within 5 business days of each candidate interaction to maintain momentum in the hiring process.
• Exclusive Communication: All candidate submissions by Thinkers Generation are the intellectual property of the Company. You agree not to approach, interview, or hire any candidate introduced by us without our knowledge and in accordance with our fee terms.
• Non-Circumvention: You shall not engage, directly or indirectly, with any candidate introduced to you by Thinkers Generation for a period of 12 months from the date of introduction, without paying the agreed placement fee.
• Compliance: Ensure your organisation complies with all applicable Indian labour laws, employment regulations, and equal opportunity requirements during the hiring process.
• Payment: Honour all agreed fee structures and payment timelines as outlined in your engagement agreement or invoice (see Section 5).

04

Candidate Obligations

As an individual candidate registering with or submitting your profile to Thinkers Generation, you agree to the following:

• Accuracy of Information: All information you provide — including your resume, qualifications, employment history, compensation details, and references — must be accurate, complete, and truthful.
• Consent to Share: You explicitly authorise Thinkers Generation to share your professional profile with prospective employers on your behalf. You will be informed before your profile is submitted to any specific organisation.
• Active Participation: Respond promptly to interview requests, communications, and offer discussions. Unexplained non-responsiveness may result in removal from active consideration.
• Transparent Communication: Disclose any competing offers, notice period changes, counter-offers, or personal circumstances that may affect your availability or decision during an active placement process.
• No Misrepresentation: Any misrepresentation of qualifications, experience, or credentials will result in immediate disqualification and may be reported to the employing organisation. Thinkers Generation shall bear no liability for consequences arising from candidate misrepresentation.
• Professional Conduct: Conduct yourself professionally in all interactions facilitated by Thinkers Generation, including interviews, assessments, and onboarding.

05

Fees & Payment Terms

Thinkers Generation's fee structure is agreed upon at the commencement of each client engagement and documented in a formal agreement or purchase order. General fee principles are as follows:

• Contingency Fee: For standard placements, fees are charged only upon successful placement — typically calculated as a percentage of the candidate's agreed annual Cost to Company (CTC).
• Retained Search: For senior or exclusive mandates, a retainer may be charged upfront, with the balance payable upon successful placement.
• RPO Pricing: Recruitment Process Outsourcing engagements are priced on a per-hire, monthly retainer, or hybrid basis as agreed in the SOW.
• Temp & Contract Staffing: Charged on a monthly billing cycle based on deployed headcount and agreed markup over CTC.

• All invoices are due within 15 days of the date of invoice unless otherwise agreed in writing.
• Late payments will attract interest at 1.5% per month on the outstanding amount from the due date.
• All fees are exclusive of applicable GST, which will be charged at the prevailing rate.
• In case of non-payment, Thinkers Generation reserves the right to suspend all active services and pursue legal recovery of dues.

06

Replacement Guarantee

Thinkers Generation stands behind the quality of every placement. We offer a replacement guarantee subject to the following terms:

• If a placed candidate resigns or is terminated for performance-related reasons within 90 days of their joining date, we will provide one complimentary replacement search at no additional placement fee.
• The replacement guarantee is valid only if the full placement fee has been paid within the agreed payment period.
• The guarantee does not apply if the candidate's departure is due to a change in the role scope, relocation, redundancy, organisational restructuring, or any circumstances beyond the candidate's performance or suitability.
• The guarantee does not apply to temp staffing, RPO volume hiring, or international placements unless separately agreed in writing.
• Only one replacement is provided per original placement. If the replacement candidate also departs within the guarantee period, a new search will be conducted at the standard agreed fee.

07

Confidentiality

Both parties acknowledge that during the course of the engagement, they may have access to confidential information belonging to the other party. Each party agrees to:

• Hold all confidential information in strict confidence and not disclose it to any third party without prior written consent.
• Use confidential information solely for the purposes of fulfilling obligations under the engagement.
• Take all reasonable steps to protect the confidentiality of the other party's information, applying at minimum the same level of care as used to protect their own confidential information.
• Return or destroy all confidential information upon written request or termination of the engagement.

Client Confidentiality: We will not disclose your open positions, hiring strategy, salary budgets, or organisational details to any third party other than candidates directly considered for the role.

Candidate Confidentiality: We will not share a candidate's profile with any prospective employer without explicit prior consent from the candidate. All candidate data is handled in strict accordance with our Privacy Policy.

08

Intellectual Property

All content on the Thinkers Generation website — including text, graphics, logos, icons, images, data compilations, and software — is the exclusive property of Thinkers Generation or its content suppliers and is protected under applicable Indian intellectual property laws.

• You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of our website content without express written permission from us.
• All candidate shortlists, talent maps, research reports, and recruitment collateral prepared by Thinkers Generation during an engagement remain the intellectual property of the Company until full payment of fees has been received.
• Client logos, trademarks, and brand assets shared with us for the purpose of employer branding or job postings remain the property of the respective client.
• Any feedback, suggestions, or ideas shared with us regarding our services may be used by us freely without obligation or compensation to you.

09

Limitation of Liability

To the fullest extent permitted by applicable law, Thinkers Generation's total liability to any client or candidate arising from or in connection with our services shall not exceed the total fees paid to us in the three months preceding the claim.

Thinkers Generation shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business opportunity, or goodwill.
• Any decisions made by a client organisation regarding the hiring, rejection, or termination of any candidate.
• The accuracy of information provided by candidates, including qualifications, work history, or references.
• The performance, conduct, or suitability of any placed candidate after they have joined the client organisation.
• Any losses arising from a candidate's decision to withdraw from an offer or change their mind after acceptance.
• Delays in the recruitment process caused by client-side factors including delayed feedback, shifting requirements, or internal approvals.

10

Prohibited Activities

When using our website or services, you agree not to engage in any of the following prohibited activities:

• Submitting false, misleading, or fraudulent information in any form, including resumes, job briefs, or identity documents.
• Attempting to bypass, circumvent, or interfere with any security or authentication features of our website.
• Using our platform for any purpose that is unlawful, harmful, or violates the rights of any individual or organisation.
• Scraping, harvesting, or collecting any data, profiles, or content from our website using automated tools or bots.
• Approaching or poaching any candidate introduced by us without payment of the agreed placement fee (see Section 3 — Non-Circumvention).
• Using our services to engage in any form of discrimination on the basis of gender, age, caste, religion, disability, or any other protected characteristic.
• Impersonating any person or entity, or misrepresenting your relationship with any organisation.
• Uploading or transmitting any viruses, malware, or malicious code through our website or communication channels.

Violation of any of the above may result in immediate termination of services, blacklisting from future engagement, and/or legal action as appropriate.

11

Termination

Either party may terminate an active engagement by providing written notice. The following conditions apply upon termination:

• If a client terminates a retained search engagement before a successful placement, any retainer fees already paid are non-refundable.
• If a client fills the position through an alternative channel while our search is active, the agreed fee remains payable if the role is filled with a candidate we had already presented or discussed.
• A notice period of 14 days in writing is required to terminate an RPO or ongoing staffing engagement, unless otherwise specified in the engagement agreement.

• Thinkers Generation reserves the right to terminate any engagement immediately and without liability in cases of non-payment, breach of these Terms, fraudulent conduct, or inappropriate behaviour toward our team or candidates.
• Upon termination, all confidential information shared by either party must be returned or destroyed as agreed.

Termination does not affect the non-circumvention clause (Section 3), confidentiality obligations (Section 7), intellectual property rights (Section 8), or any outstanding payment obligations (Section 5) which shall survive termination.

12

Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.

• Direct Resolution: Both parties shall first attempt to resolve any dispute amicably through direct communication within 15 days of the dispute arising.
• Mediation: If direct resolution fails, the parties agree to attempt mediation through a mutually agreed mediator before pursuing litigation.
• Arbitration: If mediation is unsuccessful, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996, conducted in Ahmedabad, Gujarat.
• Litigation: Only if arbitration fails shall either party have the right to approach the competent courts in Ahmedabad, Gujarat.

13

Amendments to These Terms

Thinkers Generation reserves the right to update, modify, or replace these Terms of Service at any time. When changes are made:

• The revised Terms will be posted on this page with an updated effective date.
• For material changes that significantly affect your rights or obligations, we will provide advance notice via email (where we hold your contact details) or via a banner on our website.
• Your continued use of our services or website after the effective date of revised Terms constitutes your acceptance of the updated Terms.
• If you do not agree to the revised Terms, you must cease using our services and notify us in writing.

We encourage you to review these Terms periodically. The date of last revision is always shown at the top of this page and in the sidebar.

14

Contact Us

If you have any questions, concerns, or require clarification about these Terms of Service, please contact our team:

• Company: Thinkers Generation
• Email: [email protected]
• General Enquiries: [email protected]
• Address: Ahmedabad, Gujarat, India
• Response Time: We aim to respond to all legal enquiries within 5 business days.