Online Recruitment Services Agreement

Last Updated: September 2, 2024

The use and purchase of application services provided by PT Kita Lulus Internasional ("KitaLulus") are governed by this Online Recruitment Services Agreement ("Agreement"). By using and/or purchasing access to the online workforce recruitment application services owned by KitaLulus (“KitaLulus Application”), you and the entity you represent, as well as the affiliates of the entity (collectively referred to as "Client"), have read, understood, and agreed to be bound by this Agreement. If you do not agree with all or part of the terms, please discontinue accessing or using the KitaLulus Application services.

1. Validity of Agreement 

1.1. Effective Date. KitaLulus will provide an Order Form to the Client containing the details of the KitaLulus Online Recruitment Services package order along with the terms and conditions governing it (“Order Form”). The Client understands and agrees that this Agreement will automatically bind the Client once the Client signs the Order Form.

1.2. Exclusivity of Agreement. This Agreement applies exclusively between KitaLulus and the Client (collectively referred to as "Parties"), meaning no party is entitled to transfer its rights and/or obligations under this Agreement to another party unless expressly and clearly stated in this Agreement or other documents that are an inseparable part of this Agreement.

2. KitaLulus Online Recruitment Services

The services provided by KitaLulus to the Client under this Agreement (“KitaLulus Online Recruitment Services”) essentially depend on the service package purchased by the Client through the Order Form. The description and terms of the KitaLulus Online Recruitment Services are as follows:

2.1. Job Portal which is a set of services available in certain packages. The explanations and terms of each service are as follows:

  • Job Posting: The service of advertising the Client's job vacancies on the KitaLulus Application.some text
    • Job advertisements on the KitaLulus Application are categorized into several types, as detailed in the Order Form. 
    • The number of job vacancies that the Client can advertise on the KitaLulus Application is according to the quota held by the Client based on the Order Form. The Client's quota will decrease by 1 (one) each time the Client advertises a job vacancy. For the avoidance of doubt, the quota reduction in this context refers to the quota for the advertisement type applicable to the job vacancy advertised by the Client.
    • The Client may modify or replace previously advertised job vacancies.
    • The Client is only allowed to upload 1 (one) advertisement for 1 (one) job vacancy. The Client is prohibited from posting job vacancies containing spam information (repetitive or irrelevant information regarding the posted job vacancy).
    • Job advertisements uploaded by the Client will be available on the KitaLulus Application and accessible to the public for 30 (thirty) days from the date of posting, unless the Client chooses to remove the advertisement earlier.
  • Highlight Job Posting: Job Posting with specific highlights to increase the attention of KitaLulus Application users to the job vacancy.some text
    • The Highlight Job Posting feature can be used by the Client only during the first 12 (twelve) months from the Effective Date.
    • Job advertisements with the Highlighted Job Posting feature will be given special attention for 14 (fourteen) days from the date of posting, unless the Client chooses to discontinue the use of the Highlighted Job Posting feature for the job advertisement earlier.
  • Recruiter Account: An account specifically accessed by the Client to manage job vacancies advertised by the Client on the KitaLulus Application.some text
    • The Client must safeguard the information regarding the credentials of their Recruiter Account.
    • KitaLulus is not responsible for the misuse of the Recruiter Account by other parties unless it is proven that the misuse was caused by KitaLulus' negligence, leading to the dissemination of the Client's Recruiter Account credentials.
  • Applicant Database: A database containing data related to individuals who have applied for the Client's job vacancies on the KitaLulus Application.some text
    • The Client must protect the applicants' personal data in accordance with the applicable laws.
    • KitaLulus is not responsible for the Client's violations of applicants' personal data protection.
  • Candidate Recommendations: A service providing candidate recommendations that match the Client's job vacancy advertisement.some text
    • The Client is advised to contact the recommended candidates within 3 (three) days after being recommended for the best effects.
    • The candidate recommendations provided by KitaLulus are solely intended to facilitate the Client in finding suitable candidates. KitaLulus makes no guarantee on the suitability of candidates recommended.
  • Background Check: A service for checking certain data of candidates that the Client intendsto recruit.some text
    • The Client understands and agrees that the Background Check can only be conducted if the Client has obtained the candidate's consent to perform the Background Check.
  • Dedicated Customer Success: A KitaLulus representative assigned to assist the Client in answering questions and resolving issues faced by the Client in using KitaLulus Online Recruitment Services under this Agreement.

2.3. Free Services. KitaLulus may offer certain services on the KitaLulus Application to the Client free of charge from time to time. These free services have limited features, functionality, volume, and duration as determined by KitaLulus. KitaLulus may terminate, suspend, or discontinue the free services entirely without prior notice to the Client.

3. Payment 

3.1. Payment Term. The Client must make payment for the purchased KitaLulus Online Recruitment Services package ordered through the Order Form no later than 5 (five) working days from the first day of the Effective Date. If the Client fails to make the payment within the specified time, KitaLulus has the right to delay or terminate the Client's access to the KitaLulus Online Recruitment Services.

3.2. KitaLulus Account. The Client must make payment for the purchased KitaLulus Online Recruitment Services package to the account designated by KitaLulus on the Order Form. KitaLulus is not responsible for payment errors made by the Client not in accordance with the payment instructions provided by KitaLulus.

3.3. Service Activation. The services ordered by the Client through the Order Form will be activated after the Client fulfills the payment for the related invoice.

4. Miscellaneous 

4.1. Other Provisions. All use of KitaLulus Online Recruitment Services by the Client is subject to KitaLulus' terms of service, which can be accessed via the link https://id.kitalulus.com/en/syarat-dan-ketentuan (“Terms”) and KitaLulus' privacy policy, which can be accessed via the link https://id.kitalulus.com/en/kebijakan-privasi (“Privacy Policy”). KitaLulus has the right to cancel any job advertisement at any time for any reason.

4.2. Applicable Provisions. In the event of any conflict between the Terms and Privacy Policy with this Agreement, the terms and/or conditions of this Agreement shall prevail. If there are conflicting terms and/or conditions between this Agreement and the Order Form, the terms and/or conditions in the Order Form shall prevail.

4.3. Service Transfer. The services purchased by the Client can only be used by the Client and cannot be resold and/or transferred to any third party. KitaLulus has the right to cancel any job advertisement that has been resold and charge the normal price to the Client if it is found that the Client has resold or transferred the services.

4.4. Client Account Registration. The Client agrees that during the registration of the Client's account on the KitaLulus Application, the Client will be asked to provide personal and sensitive information essential for us to provide the services offered. The types of information we collect from the Client are listed in our Privacy Policy. The Client hereby agrees that the information is collected, shared, and securely stored by KitaLulus as long as the Client uses the KitaLulus Online Recruitment Services. If the Client feels unprepared to provide the necessary personal and sensitive information, we will not be able to process and validate the Client's registration.

4.5. Good Faith in Using Services. The Client guarantees that the use of any services provided by KitaLulus is not for the purpose of studying and creating a competing business to KitaLulus. If the Client operates a service similar to the services provided by KitaLulus to the Client, KitaLulus may terminate the business relationship with the Client without prior notice.

4.6. Governing Law and Dispute Resolution. This Agreement is governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to conflict of law principles. In the event of any dispute or disagreement arising from or relating to this Agreement, the Parties agree to resolve it through mediation in the West Jakarta District Court.