Tokhimo Jobs Recruiter Terms

• Application of Terms and Conditions
  This document (referred to as the "Agreement") outlines the contractual relationship between Tokhimo Inc. (referred to as the "Company") and the Recruiting Company (referred to as the "Recruiter"). By engaging with this Agreement, you, as a Recruiter, enter a partnership with Tokhimo Inc. Under the terms of this Agreement, Tokhimo Inc. commits to providing your Recruiter with access to the comprehensive services of Tokhimo Jobs. These services are designed to facilitate seamless connections between skilled candidates and rewarding job prospects. In return, the Recruiter is expected to diligently uphold the responsibilities outlined in this Agreement.
  
• Definition of basic terms
  In these Recruiter Terms for the Job Portal, key terms are elucidated as follows:
  • Tokhimo Jobs: This term designates the Company's online website, accessible via the Internet, which serves as a platform supporting recruitment operations and related assistance services.
  • Candidate: An individual who has completed the registration process as a candidate on Tokhimo Jobs.
  • Employment Contracts: An encompassing phrase for a range of contracts including employment contracts, delegation contracts involving directors, and other agreements as defined by the Companies Act.
  • Recruiter: Refers to a corporate entity, an individual, or a Recruitment Agency that provides job opportunities necessitating the establishment of an employment contract with a Candidate. This includes scenarios of direct hiring or introducing candidates to clients as a Recruitment Agency.
  • Direct Hiring: Denotes job listings aimed at entering into employment contracts or advisory agreements with Candidates. In such cases, the Recruiter assumes the role of the principal contracting entity.
  • System: The System, licensed by the Company to Recruiters, constitutes an exclusive recruitment support mechanism. It enables Recruiters to connect to the Company's database via computers or smartphones, facilitating the following functions:
    • Posting Job Information: The act of publishing details about job openings and related content, referred to hereafter as "Job Information."
    • Viewing and Searching Candidate Profiles: Recruiters can access and search Candidate profiles in a way that protects individual identities.
    • Paid Resume Viewing: Recruiters can access and view a Candidate's Resume, which includes personal and registration information, through a paid service.
    • Sending Application Invitations: This feature enables the transmission of Application Invitations and other relevant messages to Candidates.
    • Application Management: Recruiters can receive and effectively manage the progress of applications submitted by Candidates in response to job listings on Tokhimo Jobs.
  • Scouting: This pertains to a company initiating an Application Invitation through the system to a Candidate. This involves the communication of job-related information, introductions, or solicitations, facilitated by a message sent from the company.
  • Confidential Information: This encompasses all data acquired by the Company and Recruiters concerning the other party in relation to Tokhimo Jobs. Notwithstanding, the following instances are excluded:
    • Publicly Known Information: Information that is in the public domain at the time it is acquired from the other party.
    • Information Becoming Public Knowledge: Information that enters the public domain without any involvement or fault of its own after being obtained from the other party.
    • Lawfully Obtained Information: Information procured from a third party without any obligation of confidentiality, in accordance with lawful means.
    • Independently Developed Information: Information created independently without drawing from data obtained from the other party.
    • Legally Mandated Disclosure: Information that must be revealed as mandated by law, court order, government agency directive, and similar circumstances.
  • Personal Information: This signifies data that can uniquely identify a specific individual through one or more of the following identifiers: name, address, telephone number, age, date of birth, and email address, specifically in the context of individual Candidates.
  • Credits: Credits required to access the Resume of a Candidate who has submitted a job application.
• Registration for Tokhimo Jobs
  Prior to seeking membership, Recruiters are required to comprehend and consent to the structure of Tokhimo Jobs and the suite of services it offers.
• Contract Formation
  Once the Recruiter comprehends and accepts the stipulations outlined in this agreement, the contract becomes formalized upon successful registration as a member of Tokhimo Jobs.
• Subscription Plans
  Recruiters will be enrolled in the plan they choose during the registration process. If no specific plan is chosen during registration, the default option will be the Basic Plan. This plan operates on a pay-as-you-go basis and is based on the acquisition of Resume viewing Credits. Detailed information, including the amount involved, is provided in the fee structure (referred to as the "Attachment"), which is an integral component of this Agreement.
  
• Utilizing Tokhimo Jobs
  • Adherence to Agreement: Recruiters are obligated to comply with the terms and conditions delineated in this agreement when making use of Tokhimo Jobs.
  • Candidate Registration Dynamics: Recruiters are to acknowledge that the registration status of Candidates might undergo changes over time.
  • Job Information Accuracy: The Recruiter holds the responsibility to maintain the accuracy of the furnished job information. Prompt notification to us about any alterations is essential.
  • Compliance with Laws: Recruitment Agencies must affirm their status as defined by the Employment Security Law and adhere to all pertinent laws and regulations.
  • Updated Point of Contact: Recruiters must furnish a reliable point of contact and promptly update us regarding any changes.
• Utilizing the System
  • Email Registration and Password Setup: Recruiters have the privilege to register their email address and establish a password within the system.
  • Security of IDs and Passwords: It is imperative that IDs and passwords remain under strict control and are not disclosed to third parties.
  • Issuance and Reissuance of IDs: IDs may be issued or reissued after authenticating the Recruiter.
  • ID Deactivation: Following the termination of the contract, all IDs will be rendered inactive.
• Provision of Job Information
  • Accurate Job Postings: Job listings must be meticulously entered and correctly adhered to the stipulated notation rules.
  • Company Review of Job Postings: The company is responsible for reviewing job postings to ensure their appropriateness and compliance with content guidelines.
  • Enforcement of Notation Rules: Any information that runs counter to the notation rules may necessitate correction upon request.
  • Timely Updating of Job Postings: Modifications to job postings will be promptly updated to reflect any changes.
  • Copyright and Governance: Tokhimo retains all copyrights associated with Tokhimo Jobs, and these are subject to regulation in accordance with the notation rules.
• Handling of Additional Job Opportunities
  Recruiters, with the prior consent of Candidates, are authorized to present job information beyond their own listings (referred to as "Tokhimo Jobs information"), in conjunction with the job postings on Tokhimo Jobs and scouting. Introducing additional job opportunities is contingent upon the Recruiter's conscientiousness and discretion, adhering to both these terms and conditions and the stipulated posting and description guidelines. In the event of any legal dispute or claim arising from Tokhimo Jobs postings or additional job introductions, the Recruiter shall bear the responsibility for resolution. The company, in turn, agrees to be exempt from liability in such matters.
  
• Tokhimo Jobs Operational Support Service
  Leveraging Operational Assistance: By inviting us into your organizational fold, the company stands ready to provide operational assistance for the system, excluding the utilization of Credits for Resume viewing.
• Retention of Confidential and Personal Information
  • Confidential Information Handling: The company shall disclose confidential information solely to our designated officers and employees necessary for the execution of Tokhimo Jobs services.
  • Personal Information Safeguarding: Personal information shall be held in strict confidentiality and unveiled exclusively to our designated officers and employees indispensable for the execution of Tokhimo Jobs services. Furthermore, the company shall undertake all reasonable precautions against potential risks such as loss, manipulation, or destruction of personal information.
  • Disposal of Information: Upon the Recruiter's request, the company shall ensure the secure disposal of confidential and personal information, taking every measure to avert data leakage. The same principle applies in the event of Tokhimo Jobs closure. This condition, however, excludes the personal information of Candidates actively engaged in job searches or deemed to be in such a process either during a Recruiter's request or at the time of Tokhimo Jobs closure. In such cases, the company reserves the right to retain the Candidate's personal information until notified of the job search termination or the completion of the service fee payment, whichever is later.
  • Subcontracting of Information Handling: The company may entrust the handling of confidential and personal information, wholly or partially, to a subcontractor, restricted only to what is imperative for business purposes.
  • Reporting on Personal Information Management: Upon a Recruiter's request for insight into our personal information management system, the company shall provide a report to the Recruiter, ensuring that the manner and content of the report do not compromise the confidentiality of any third-party's personal information.
• (Restriction on Usage of Personal and Application Information)
  • Purpose-Limited Use of Application Information: The data provided by Candidates (collectively referred to as "Application Information") is exclusively designated for conducting the Recruiter's internal recruitment and placement services through Tokhimo Jobs. This information must not be employed for any alternative objectives, including but not confined to the Recruiter's individual interests or commercial purposes, and should not be revealed to any third party.
  • Confidential Handling of Application Information: The Recruiter is obliged to uphold the confidentiality of a Candidate's application information, utilizing proper measures to prevent unauthorized disclosure or leakage to external parties, except upon obtaining explicit consent from the Candidate.
  • Claim Resolution Responsibility: In the event of the Company facing legal action or claims concerning the Recruiter's utilization or management of a Candidate's application information, the Recruiter agrees to take responsibility for settling such claims or lawsuits at their own cost. The company shall not be held accountable for any resulting losses or damages.
  • Outsourcing Operation Responsibility: While the Recruiter may choose to outsource the operation of the system to a third party, this action does not absolve the Recruiter from their liabilities.
  • Return or Disposal of Information: Upon Tokhimo Jobs' request, the Recruiter is required to promptly return all confidential information and application information to Tokhimo Jobs or securely dispose of it to prevent information leakage. The same obligation applies in the event of Tokhimo Jobs' closure. Nonetheless, this directive excludes confidential information and personal information of Candidates actively engaged in job searches or those who have not fulfilled the service fee payment, which must not be returned or destroyed without prior consent from us.
• Management, Verification, and Reporting of Candidate Progress
  The Recruiter must provide updates to the Company about the progress of Candidates who have submitted job applications, as requested by the Company. This reporting should occur with a frequency and in a manner, including input into the system, as prescribed by the Company.
• Access to and Utilization of Personal and Usage History Information
  • Utilization of Candidate Personal Information for Tokhimo Jobs Provision
    • Consent for Access and Use: To facilitate the provision of Tokhimo Jobs to Recruiters, the Company will access and employ the personal information of Candidates as detailed below. Recruiters are required to grant advance consent for this action.
    • Continuous Viewing and Use: Recruiters acknowledge that Tokhimo may continue to view and utilize application and usage history information of Candidates who have applied for jobs within the necessary scope to ensure the provision of Tokhimo Jobs to Recruiters, even after the expiration of this Agreement.
    • Compilation and Analysis of Data: The company will compile and analyze job information and usage records pertaining to Recruiters and Candidates using Tokhimo Jobs. This includes application information, message content, employment status, and personal information. The processed data will be utilized to generate statistical data and other outputs where individual identification or specification is not possible. Recruiters consent to the utilization of such statistical data.
  • Recruiters' Utilization of Collected Data on Tokhimo Jobs
    Recruiters are permitted to utilize, on Tokhimo Jobs, outcomes derived from questionnaires completed by Candidates, usage history information, aggregated results based on their own usage outcomes, company logos, and other data that the Recruiter has separately gathered regarding the effectiveness and outcomes of their Tokhimo Jobs utilization. Recruiters are required to grant consent for such utilization.
  • Encouraging Candidate Application Activities
    Recruiters proactively grant consent for the following actions by the company, aimed at motivating Candidates who have submitted Application Invitations to engage further in the job application process:
    • Progress and Recruiter Information Sharing: The company may provide updates to the concerned Candidate regarding activities related to job change progress and furnish information about the Recruiter who initiated the scout invitation.
    • Application Invitation Status Reporting: The company may share information about Application Invitations sent by various recruiting entities and the status of applications in response to these invitations.
    • Usage History Review: To facilitate the aforementioned information sharing, the company may access the usage history of Tokhimo Jobs, which encompasses actions such as page views, Application Invitation dispatch, and the process, manner, success, or lack thereof, of a Candidate's job search via Tokhimo Jobs. This will be conducted through the Tokhimo Jobs system.
• Temporary Interruption of Tokhimo Jobs Operation for Maintenance and More
  • Company's Right to Temporarily Suspend Tokhimo Jobs
    • Maintenance, Specifications Change, and System Repair: The company retains the prerogative to temporarily suspend the operation of Tokhimo Jobs without prior notification or consent from Recruiters in the following instances. Recruiters are in agreement with such suspensions.
    • Natural Disasters, Emergencies, and Legal Amendments: Temporary suspension may occur under these conditions:
    • Unavoidable Circumstances: The company reserves the right to suspend Tokhimo Jobs operation temporarily in situations deemed unavoidable.
  • Company's Non-Liability for Delays or Losses
    Should the temporary suspension of Tokhimo Jobs as delineated above result in delays in updating job information registered by Recruiters on Tokhimo Jobs or cause delays in receiving information from Candidates, the Company cannot be held accountable for any ensuing losses incurred by Recruiters.
• System Alterations and More
  Recruiters acknowledge that the company holds the authority to modify the system without prior notice, prompted by various factors such as changes in the Tokhimo Jobs system environment, bug resolution in the system, enhancement of user experience, or based on the requests from Recruiters.
• Acquisition and Utilization of Credits
  • Procurement of Credits: The acquisition of Credits transpires upon the examination of a Resume through the system. For each Resume assessed by the Recruiter, one Credit is used and procured.
  • Efficient Utilization of Credits: In cases where a Candidate has multiple Resumes registered, the viewing of all Resumes attributed to the same Candidate can be accomplished using a single Credit.
• Fees
  • Service Usage Fee: Upon acquiring Credits, Recruiters are obligated to remit a service usage fee to the Company for the utilization of Tokhimo Jobs.
  • Continued Responsibility for Credit Payments: The Recruiter retains the obligation to cover the cost of Credits even after the termination of this Agreement, except in instances where the reasons for termination can be attributed to the Company.
• Invoice Issuance and Payment Mechanisms
  • Service Fee Billing: In relation to service fee billing, the company shall expeditiously forward an invoice for the service fee when the Recruiter procures Credits.
  • Payment Procedure Upon Invoice Receipt: Upon the reception of an invoice from the Company, as per the preceding sections (referred to as the "Invoice"), the Recruiter is responsible for settling the Service Fee through a wire transfer to an account designated by the Company at a financial institution. This action must be completed by the payment due date indicated on the Invoice.
  • Late Payment Penalty: In cases where a Recruiter fails to fulfill a fee or other financial obligation beyond the stipulated due date, a late payment penalty will be applied. The penalty amount is calculated at a rate of 14.6% per annum for the duration from the day after the due date to the day before the payment is made, according to a date specified by the Company.
• Refund and Return Policy
  • Circumstances for Refunds or Returns: The Company is not obligated to initiate a refund or return the service fee to the Recruiter, except in any of the following scenarios:
    • If the Recruiter is unable to establish contact with a Candidate due to the Candidate's incorrect or non-functional email or phone number.
    • If a Candidate asserts that their application was made unintentionally or in error.
    • If a Candidate profile or Resume is verifiably found to contain crucial false information that may change the outcome of a purchase.
    • If a Candidate withdraws or deletes their Resume within two weeks of applying for a job, rendering them unable to access Resumes.
  • Request Process and Timeline: Requests for refunds or reimbursements must be submitted in written electronic form by the Recruiter to the Company within two weeks of Credit usage. No refund requests will be entertained beyond this stipulated due date.
  • Basic Plan Refund Calculations: If the Company approves a refund request from a Recruiter on the Basic Plan, the refund amount will equate to the entire service fee for one Credit, as paid by the Recruiter.
  • Refund Process: Refunds will be executed as per our provided instructions.
• Modifications to Agreement Terms
  • Notification of Significant Changes: In the event that the Company introduces substantial alterations to these terms and conditions, the Company is obligated to notify the Recruiter about such modifications at least one month prior to the effective date of these changes (hereafter denoted as the "Revised Terms and Conditions").
  • Acceptance or Rejection of Modifications: If the Recruiter does not agree to the revised conditions, they must communicate this decision in written form within one month from the date of notification regarding the modified terms.
  • Termination upon Rejection: Upon receiving notification as specified in the preceding paragraph, this Agreement will be terminated on the day preceding the commencement date of the revised terms and conditions in question.
  • Natural Implementation of Modified Terms: Except for instances of Agreement termination pursuant to the previous paragraph, these Terms and Conditions will be automatically updated in accordance with the revised terms on the applicable commencement date.
• Obligation to Indemnify for Damages
  • Recompense for Damages: In cases where either the company or the Recruiter inflicts harm upon the other party in connection with Tokhimo Jobs, the responsible party is obliged to compensate the injured party for any direct and customary damage incurred. However, the Company's compensation will be capped at the service fee paid by the Recruiter for rendered services.
  • Liability for Personal Information Damages: Notwithstanding the previous paragraph, if the Company breaches its obligations and causes harm to the subject of personal information (hereafter referred to as the "Owner"), the Company shall bear the liability for such damages to the Owner. Nonetheless, if the Recruiter neglects to promptly notify the Company upon receipt of a damage claim from the Owner and neglects to grant the Owner an opportunity to resolve the dispute, the Recruiter will assume liability for the Owner's damages.
• Disclaimer and Limitation of Liability
  • Force Majeure Exemption: The Company shall not be held liable for losses arising from natural disasters or other instances of force majeure, including but not limited to network congestion, network failure, server outages, and the like.
  • Losses Beyond Company's Control: The Company is exempt from liability for losses resulting from reasons attributed to the Recruiter or third parties, even though reasonable measures have been undertaken within the standard course of our business related to Tokhimo Jobs. These include but are not restricted to:
    • Server downtime, system malfunction, data breaches, or incorrect information postings due to viruses.
    • Server downtime, system malfunction, data breaches, or erroneous information postings due to hacking.
    • Provider downtime, data breaches, or corruption, and erroneous information postings.
    • Data breaches or corruption due to Recruiter operational errors.
    • Loss of recruiting opportunities stemming from operational errors by Recruiters. Failures originating from changes in the system environment, including system defects related to Tokhimo Jobs.
  • Information Authenticity Disclaimer: The Company does not warrant the accuracy, currency, or certainty of the information entered by Candidates into Tokhimo Jobs.
  • No Hiring Guarantee: The Company does not assure the efficacy of Tokhimo Jobs or the Recruiter's capacity to hire candidates. The candidate's qualifications, abilities, and suitability for the Recruiter are also not guaranteed.
  • Non-involvement in Recruiter-Candidate Issues: The Company shall not bear responsibility for conflicts or issues that may arise between Recruiters and Candidates.
  • Absence of Company Liability for Employer Rules: The Company does not guarantee whether a Candidate's employer enforces rules against side jobs, and shall not be held accountable for disputes or damages arising from such grounds.
• Prohibition of Rights and Duties Transfer
  The Recruiter shall not transfer, lend, or utilize any rights or responsibilities outlined in this Agreement for the benefit of any third party or as collateral, unless prior written consent is obtained from the Company.
• Forbidden Activities
  To uphold security standards, any actions that might excessively burden the Tokhimo Jobs system, including the utilization of automated job search programs, are expressly prohibited. In the event that a Recruiter engages in such behavior, the company retains the right to implement technical measures, such as system shutdown, without prior notification. The Company shall not assume liability for any losses experienced by the Recruiter as a consequence.
• Exclusion of Involvement with Unlawful Entities
  • Verification of Non-Association with Unlawful Entities: The Recruiter shall ensure and affirm that their present status does not categorize them as a member of organized crime (Bouryokudan), an ex-member within five years, an associate of organized crime, a related entity to organized crime, or any equivalent term (hereafter referred to as "Unlawful Entities"). Furthermore, the Recruiter affirms that they do not currently and will not in the future fall under any of the following circumstances:
    • Maintaining a relationship that suggests management control by an Unlawful Entity.
    • Possessing a relationship where an Unlawful Entity is deemed to substantially influence the management of the entity.
    • Engaging in a relationship with an Unlawful Entity that implies unjust exploitation of the Unlawful Entity for the purpose of personal or third-party gain, or to inflict harm upon another party.
    • Having a connection that indicates involvement in providing funds or benefits to Unlawful Entities.
    • Holding an executive position or a role significantly influencing the entity's management, with a socially reprehensible association with Unlawful Entities.
  • Prohibition of Unlawful Acts: Recruiters shall commit not to engage themselves or any third party in the following activities:
    • Violent acts of coercion.
    • Illogical demands surpassing legal responsibilities.
    • Adopting threatening behavior or using force during business transactions.
    • Disseminating false rumors, employing deceitful means or force to undermine the credibility or hinder the operations of the other party.
    • Undertaking actions similar to those outlined in the previous items.
• Term of Contract and Termination
  • Contract Duration and Renewal: The duration of this contract (hereinafter referred to as "contract term")—the period of effectiveness of this Agreement (hereinafter referred to as the "Agreement Term")—shall span one year from the date of Agreement conclusion. However, in the absence of notice from either the Company or the Recruiter indicating an intention to terminate the Agreement at least one month prior to its expiry, the Agreement shall automatically extend under the same conditions for an additional six months, with the same extension pattern thereafter.
  • Continued Effect After Termination: Even in the event of Agreement termination (for any reason), this Agreement shall remain in force to the extent required until the later of the following dates:
    • The payment date of the Tokhimo Jobs service fee has not been reached.
    • The completion date of job search activities for all Candidates known through Tokhimo Jobs employed by the recruiting company has not yet occurred.
  • Discretionary Termination by the Company: The Company retains the right to terminate this contract with one month's notice to the Recruiter following an evaluation of the Recruiter's usage and performance on Tokhimo Jobs.
  • Termination Conditions: Either the Company or the Recruiter may immediately terminate this Agreement, temporarily suspend the use of Tokhimo Jobs for a defined duration, or cease all or part of the transaction with the other party without prior notice, if the other party meets any of the following conditions:
    • The Company breaches the provisions of these Terms and Conditions or any other stipulated terms.
    • The other party's credibility has been compromised.
    • The Company faces seizure, provisional seizure, provisional disposition, tax delinquency disposition, bankruptcy, civil rehabilitation, special liquidation, or corporate reorganization, or files for bankruptcy, civil rehabilitation, special liquidation, or corporate reorganization.
    • A bill or check is dishonored or insolvency becomes evident.
    • A substantial portion or the entirety of the business or operations is transferred to a third party.
    • A significant alteration in the business environment occurs due to a merger.
    • Credit concerns arise.
    • Business discontinuation or liquidation occurs.
    • The recruiting company cancels or suspends signed employment offers or engages in other unfavorable recruitment practices, such as discriminatory treatment of Candidates or improper actions.
    • The Recruiter violates laws, regulations, or acts against social consensus.
    • The Company no longer anticipates the ability to fulfill other obligations stipulated in these Terms and Conditions.
  • Credibility Impact Termination: In addition to the conditions, if the Company determines that a Recruiter's use of Tokhimo Jobs could jeopardize the Company's credibility or the credibility of Tokhimo Jobs due to complaints from third parties or issues arising from the Recruiter, the Company reserves the right to terminate the Agreement immediately by notifying the Recruiter.
  • Screening Criteria and Termination: To assess if a Recruiter adheres to our screening and posting criteria, the Company may request submission of materials, which must be promptly provided by the Recruiter. If such materials are not provided or if the Company determines, based on submitted materials, that the Recruiter fails to meet the Company's screening and posting criteria, the Company may promptly terminate the Agreement.
  • Obligations upon Termination: Upon Agreement termination, the Recruiter shall relinquish any grace period and promptly settle all outstanding debts owed to the Company.
• Language
  This Agreement is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
• Applicable Law and Jurisdiction
  The Terms and Conditions, as well as this Agreement, shall be subject to the laws of Japan. Any disputes arising from or relating to this Agreement shall be exclusively submitted to the jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of initial jurisdiction.
• Dispute Resolution through Consultation
  In the event of uncertainties about the interpretation of these terms and conditions or operational regulations, or any matters not explicitly addressed in these terms and conditions or operational regulations, both the Company and the Recruiter commit to resolving such matters amicably through consultation.