This agreement describes how “The User” may use “The Provider” services.

In this agreement, where this document says “The Provider” it means the cloud based human resources platform – www.talentexchange.ae or www.energygate.ae or (such other URL as “The Provider” may notify to “The User” from time) together with the Services.

By “Services”, the Provider means the provision of the Provider’s website and other web services, associated software and other services provided to “The User” by “The Provider” in accordance with these Terms of Use, together with the characteristics and features as described at www.talentexchange.ae or www.energygate.ae from time to time. “The User” understands and agrees that it cannot use a service unless it is licensed by “The Provider” to use and has paid the applicable fee to use.

“The Provider” may change the terms and conditions of this agreement, and its privacy policy, at any time. “The Provider” will make reasonable efforts to communicate any changes to “The User” via a notification or by sending an email, but it is up to “The User” to ensure that it regularly checks, reads, understands and agrees to the most recent version of this agreement, and “The Provider’s” privacy policy, as it will be deemed to accept all changes if “The User” continues to access and use “The Provider”.

Who this terms and conditions is between:

“The User”- the “The User” (organization) or “The User” (individual) authorized to use “The Provider”. “The Provider”- Talent Exchange or Energy Gate, an online platform designed by AMPHI FACILITIES MANAGEMENT SERVICES L.L.C.

By entering into the agreement, both “The User” and “The Provider” agree to be bound by its terms and conditions.

TERMS & CONDITIONS:

1. The contract will be for an agreed period by “The User” and renewable with mutual agreement of both parties for another period as required depending upon work demand.

2. The rates agreed by both parties should remain valid and binding for a period from the date of project commencement and shall be extended for further required period on the same terms and conditions, subjected to approval being accorded by both parties and as per agreed conditions between “The User” and “The Provider”.

3. “The User” reserves the right to accept the candidate as whole or part thereof and utilize the services of the “The User” at any locations within the United Arab Emirates according to the Ministry of Labor laws.

4. “The User” hired normally will have to work 8 hours per day. Whenever required they should work for extended hours beyond normal working hours and holidays to complete the priority jobs based on “The User” instructions and after mutual agreement.

5. All material and equipment, as required in this project shall be supplied by “The User”.

6. The “The User” shall provide safety shoes, hard hats, daily use hand gloves etc for the “The User” hired in force at site.

7. “The User” shall wear proper PPE such as uniforms, safety shoes, helmets etc throughout the duty hours.

8. “The User” will be required to submit a copy of agreement to “The Provider” administrator duly signed by both parties.

9. “The User” credentials Names with passport, visa, experience details as and when required to be engaged on the contract shall be submitted to “The Provider” administrator for verification.

10. Skilled and highly skilled “The User” shall have basic qualification/work experience as listed and understand English or Urdu or Hindi as required for site work and follow site instruction.

11. They should preferably be hardworking, capable to work on outdoor sites, medically fit in conformity with the regulation laid down by Health Department and should also fulfill the safety requirements of Municipality, Naturalization and Residence Department and other prevailing rules and regulations applicable.

12. They should be in possession of valid work permit or should be under the “The User” own sponsorship.

13. The skilled and highly skilled technicians supplied by the “The User” should abide by all safety rules and regulation requirements in force at site. They should strictly follow all instructions of respective area supervisors including security personnel. No persons including supervisor of the “The User” are allowed to enter premises under influence of alcohol. Prevailing rules and regulation of UAE Government are applicable in this regard.

14. The technicians supplied against the contract should be in possession of valid work permit and should be preferably under “The User” sponsorship or as per the rules and regulation of the Ministry of Labour & Immigration.

15. “The User” should nominate a supervisor to coordinate with “The Provider” administrator during the entire contract period. “The User” should submit contact details of the nominated supervisor & list of personnel to be engaged to the contract along with photocopies of their Passport, Visa and Emirates ID. Only that person meeting the above requirements will be allowed to work under the agreed terms and conditions. In the event that any person engaged is not under the proper legal documentation, will be held responsible for the consequence arising there from.

16. Entry and exit to client premises if are controlled through gate passes to each individual. “The User” shall apply for gate pass. Misuse, exchange or damage of gate passes is treated as violation of contract and safety regulations.

17. Subletting of job is strictly not allowed and is controlled with permission from “The Provider”. Under unavoidable circumstances, this shall be permitted after verifying the agreement by “The Provider”.

18. Transportation, reporting and labour welfare — “The User” to and fro the designated worksite shall be arranged by the “The User” at their cost.

19. “The User” should abide by Safety at work site. Apart from regular risk assessment and tool box talk carried depending upon the nature and area where contract staff is engaged, it is responsibility of “The User” to conduct tool box talk to their staff before starting job as induction training.

20. For any kind of accident or injury to the persons engaged by the “The User” against the job, it is his responsibility to provide necessary first aid, transporting and treatment etc irrespective of the nature of injury. “The User” representative at site shall arrange to report the incident/ accident in standard accident reporting form available with client office within 24 hours of occurring. The corrective actions taken after each accident/ incident should be reported to client within 15 days to concerned coordinator or area engineer.

21. PAYMENT TERMS - “The User” should pay “The Provider” all agreed payments as per the agreement.

22. INSURANCE - “The User” should insure engaged on the job against Workmen Compensation and Employer’s Liability as per Dubai/ UAE labour law and Health Insurance requirements. This shall be submitted directly to client for verification.

23. TERMINATION/RENEWAL of Agreement- If, any time during the period of this contract, “The Provider” shall, at its sole discretion, be of the opinion that the “The User” performance of the contract is unsatisfactory, “The Provider” shall have the right to terminate the contract by giving one week’s notice in advance.

Similarly, renewal of contract, if required by “The Provider”, may be effected on the same terms and conditions by giving 7 days’ notice to the “The User” in advance.

24. GOVERNING LAWS -This terms and condition of the contract shall be construed and shall take effect and in all respects be governed by the laws and regulations of the Emirate of Dubai, and (to the extent that the same are applicable therein), the laws and regulations of the United Arab Emirates.

25. ARBITRATION - If any dispute in connection with this contract shall arise between the parties, it shall in the first place be resolved amicably between the parties; or failing such resolution, subject to the agreement between the parties, the same may be referred to an Arbitration. Arbitration proceedings shall be Dubai, and will be subject to laws and practices prevailing in the Emirate of Dubai and United Arab Emirates.

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