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Partner Terms & Conditions

Version: 1.0
Last Updated: 08 October 2025

Introduction

Welcome to the Fifth Element Academy Career Portal (the “Portal”). These Terms and Conditions (“Terms”) govern your use of the Portal, which leverages advanced AI solutions for matchmaking, job posting creation, and other related services. By accessing or using our Portal, you agree to comply with and be bound by these Terms.

Definitions

  • “Portal” refers to the Fifth Element Academy career portal that provides AI-driven career services.
  • “Company” refers to any business or organization that uses the Portal to find and recruit job seekers.
  • “Job Seeker” refers to an individual seeking employment opportunities and using the Portal to create a profile, upload a CV, or participate in pre-screening interviews.
  • “Program Candidate” refers to a Job Seeker who has participated in or graduated from a training or upskilling program run by The Fifth Element Academy.
  • “External Candidate” refers to a Job Seeker who has not participated in The Fifth Element Academy’s training programs.

Use of the Portal

Eligibility

To use the Portal, your company must be a legally established entity capable of entering into a legally binding agreement.

Account Registration

Companies must create an account to access certain features of the Portal. You agree to provide accurate and complete information during registration and to update such information to keep it accurate and complete.

Company Services

Companies can access the job seeker directory, view CVs and other job seeker details, post vacancies, and use AI-driven tools to find suitable candidates.

User Responsibilities

Companies are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Companies agree not to use the Portal for any unlawful or prohibited activities.

Candidate Categories and Placement Fees

  1. Program Candidates
    • Program Candidates are made available to companies free of charge, even if hired.
    • No placement fee applies when hiring a Program Candidate.
  2. External Candidates
    • For External Candidates, a placement fee equivalent to one (1) month’s gross salary of the hired candidate shall apply.
    • The fee becomes due immediately upon the candidate’s acceptance of an employment offer (whether permanent, temporary, part-time, freelance, or contractual).
    • By viewing, contacting, or engaging with External Candidates through the Portal, the Company acknowledges and agrees to this fee structure.
  3. Notification of Hire
    • Companies are obligated to notify The Fifth Element Academy in writing (via email or through the Portal) within seven (7) days of offering employment to or hiring an External Candidate sourced through the Portal.
    • Failure to notify will not waive the Company’s obligation to pay the placement fee. The Fifth Element Academy reserves the right to issue an invoice once a hire is discovered through verification or follow-up, and the Company remains fully liable for payment.
  4. Audit and Verification Rights
    • The Fifth Element Academy reserves the right to verify employment outcomes of candidates presented through the Portal by contacting candidates or companies directly, or through third-party verification means.
    • Companies agree to cooperate and provide reasonable confirmation of employment status upon request.
  5. Non-Circumvention and Candidate Ownership
    • Companies shall not attempt to bypass the Portal to contact or hire External Candidates directly or indirectly to avoid the placement fee.
    • A candidate introduced, viewed, or contacted through the Portal shall be deemed “referred” by The Fifth Element Academy for a period of twelve (12) months from the date of first interaction, viewing, or application. Any hire of that candidate within this period will be subject to the placement fee.
  6. Invoicing and Payment Terms
    • Invoices will be issued by The Fifth Element Academy upon confirmation or discovery of hire.
    • Payment is due within 14 days of invoice date.
    • Late payments may result in interest charges or suspension of Portal access.
    • In the event of non-payment, The Fifth Element Academy reserves the right to recover all reasonable collection costs, legal fees, and administrative expenses incurred in enforcing payment of the placement fee.

Services

The Portal offers AI-powered tools for matchmaking and job posting creation. Companies can access job seeker profiles and related information, with the responsibility to review and verify AI-generated content before use.

Non-Disclosure Agreement (NDA) Elements

  • Confidential Information: Companies agree to keep all confidential information obtained through the Portal confidential and not disclose it to any third party without prior written consent. Confidential information includes, but is not limited to, business plans, job seeker details, company requirements, and proprietary algorithms.
  • Permitted Disclosure: Confidential information may only be disclosed to employees or representatives who need to know such information for recruitment purposes and who are bound by confidentiality obligations.
  • Return or Destruction: Upon termination of these Terms or upon request, Companies must return or destroy all confidential information in their possession.

Data Protection

The Fifth Element Academy processes candidate and company data in accordance with applicable data protection regulations in the United Arab Emirates. Companies agree to handle all candidate data in compliance with these laws and to use it solely for legitimate recruitment purposes.

Fair Use Policy

  • Acceptable Use: Companies agree to use the Portal for its intended recruitment purposes only. Any misuse, including data scraping, unauthorized access, or automated system use, is strictly prohibited.
  • Company Content: Companies retain ownership of the content they upload to the Portal. By uploading content, Companies grant the Portal a non-exclusive, worldwide, royalty-free license to use, distribute, reproduce, and display such content solely for providing Portal services.
  • Prohibited Actions: Companies must not:
    • Use the Portal in a manner that infringes on others’ intellectual property rights.
    • Post or transmit unlawful, harmful, or defamatory content.
    • Attempt unauthorized access to the Portal or related systems.
    • Misuse job seeker data for purposes unrelated to recruitment.

Intellectual Property

The Portal and all its original content, features, and functionality remain the exclusive property of The Fifth Element Academy and its licensors. Companies may not reproduce, copy, sell, or exploit any part of the Portal without prior written permission.

Limitation of Liability

  • The Portal is provided “as is” and “as available.” We make no warranties, expressed or implied, regarding its operation or availability.
  • The Fifth Element Academy shall not be liable for any indirect, incidental, or consequential damages, or any loss of profits, data, or goodwill arising from the use of the Portal.
  • The Fifth Element Academy is not responsible for the outcome of interactions, agreements, or employment relationships between Companies and Job Seekers.

Termination

  • By Company: Companies may terminate their account at any time by following the instructions on the Portal.
  • By Portal: The Fifth Element Academy reserves the right to suspend or terminate access immediately, without notice, for any breach of these Terms or misuse of the Portal.

Dispute Resolution

In the event of any dispute, both parties agree to attempt to resolve the matter amicably within thirty (30) days before escalating to formal legal proceedings. If unresolved, the dispute shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, with exclusive jurisdiction in the courts of Dubai, UAE.

Changes to Terms

We may update these Terms from time to time. Material changes will be communicated with at least 30 days’ notice prior to taking effect. Continued use of the Portal after such updates constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at info@thefifthelement.co