Terms & Conditions

1. Definitions

In these Terms & Conditions, the following definitions apply:

• "Neertha" means Neertha Executive Search & Corporate Advisory and its partners, employees, and authorized representatives.
• "Client" means any organization or individual that engages Neertha to provide executive search or advisory services under a written mandate agreement.
• "Candidate" means any individual whose professional profile is assessed, introduced, or presented in connection with an executive search mandate.
• "Mandate" means a specific executive search or advisory engagement accepted by Neertha under a written engagement letter or mandate agreement.
• "Services" means executive search, corporate advisory, strategic alignment, and related professional services provided by Neertha.
• "Website" means www.neertha.com and all associated subdomains and pages.

2. Use of This Website

By accessing and using this Website, you confirm that you are at least 18 years of age and agree to use the Website only for lawful purposes and in accordance with these Terms.

You must not:

• Use the Website in any way that violates applicable local, national, or international law or regulation
• Transmit any unsolicited or unauthorized advertising or promotional material
• Knowingly transmit any data or material that contains viruses, Trojan horses, worms, or other malicious code
• Attempt to gain unauthorized access to any part of the Website or any server, computer, or database connected to the Website
• Reproduce, duplicate, copy, or exploit any part of the Website's content for commercial purposes without our express written permission
• Scrape, crawl, or harvest data from the Website through automated means

We reserve the right to suspend or terminate your access to the Website at any time without notice if we believe you have breached these Terms.

3. Our Services

Neertha provides boutique executive search and corporate advisory services. The precise scope, terms, fees, and deliverables for each engagement are set out in a written mandate agreement or engagement letter entered into between Neertha and the Client prior to commencement of work.

Information on this Website regarding our services is provided for general informational purposes only and does not constitute an offer or guarantee of any specific outcome. The results of any executive search or advisory engagement depend on a variety of factors, including the cooperation of the Client and the availability of suitable candidates in the market.

4. Client Obligations

Clients engaging Neertha's services agree to:

• Provide accurate, complete, and timely information regarding the mandate, organizational context, and requirements
• Designate appropriate senior representatives to engage meaningfully with the search process
• Maintain the confidentiality of all candidate information and assessments provided by Neertha
• Not approach, engage, or recruit any Candidate introduced by Neertha without Neertha's involvement and without the applicable fee arrangements as set out in the mandate agreement
• Pay all fees in accordance with the agreed payment schedule set out in the mandate agreement
• Comply with all applicable employment, anti-discrimination, and data protection laws in connection with the search process

5. Candidate Obligations

Individuals who interact with Neertha as potential candidates agree to:

• Provide accurate and truthful information regarding their professional background, qualifications, experience, and availability
• Inform Neertha promptly of any material change in their circumstances that may be relevant to an active mandate
• Maintain the confidentiality of any client identity or mandate details disclosed to them in the course of the search process
• Not approach the Client organization directly without Neertha's involvement during the course of an active mandate
• Consent to appropriate background and reference verification processes as required by the Client

6. Fees & Payment

Neertha's fees for executive search and advisory services are agreed in advance and set out in the applicable mandate agreement. Unless otherwise specified in the mandate agreement:

• Fees are typically structured as a percentage of the first year's total guaranteed compensation of the placed executive, payable in instalments at agreed milestones
• A non-refundable retainer is payable upon commencement of the search, representing a commitment to the mandate and covering initial research costs
• Out-of-pocket expenses reasonably incurred in the conduct of the search (such as candidate travel, background verification costs) are reimbursable at cost with prior approval
• All fees are exclusive of applicable taxes, which shall be borne by the Client
• Invoices are due and payable within 30 days of the invoice date unless otherwise agreed
• Neertha reserves the right to charge interest on overdue amounts at the rate of 2% per month or the maximum rate permitted by law, whichever is lower

Specific fee arrangements, including any retainer-only or project-based structures, may vary and will be as set out in the relevant mandate agreement.

7. Confidentiality

Both Neertha and the Client acknowledge that in connection with a mandate, each party may receive confidential information belonging to the other. Each party agrees to:

• Hold all confidential information in strict confidence and not disclose it to any third party without the prior written consent of the disclosing party
• Use confidential information solely for the purposes of the relevant mandate
• Apply at least the same standard of care to protect the other party's confidential information as it applies to its own confidential information, but no less than reasonable care
• Ensure that its employees, partners, and advisors who receive confidential information are bound by equivalent confidentiality obligations

These confidentiality obligations shall survive the termination of any mandate agreement for a period of three (3) years, except in respect of information that becomes publicly available through no fault of the receiving party.

8. Intellectual Property

All content on this Website — including text, graphics, logos, images, methodology descriptions, and design elements — is the intellectual property of Neertha or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.

• You may view and print pages from the Website for your own personal, non-commercial use only
• You may not reproduce, distribute, modify, adapt, create derivative works from, publicly display, or exploit any Website content for commercial purposes without our prior written consent
• Neertha's name, logo, and the "Neertha Executive Search" and "Neertha Corporate Advisory" brand designations are trademarks of Neertha and may not be used without written permission

Reports, assessments, candidate profiles, and other deliverables produced by Neertha in connection with a mandate are provided to the Client for the Client's internal use in connection with the specific mandate only. All underlying methodologies, frameworks, and templates remain the exclusive intellectual property of Neertha.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

• Neertha's total aggregate liability to a Client in connection with any mandate shall not exceed the total fees paid by the Client to Neertha under that mandate
• Neertha shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business, or loss of opportunity, arising out of or in connection with these Terms or any mandate
• Neertha makes no warranty that a search will result in a successful placement within any particular timeframe, or that a placed candidate will remain in the role for any particular duration
• The information on this Website is provided "as is" without any warranties of any kind, express or implied

Nothing in these Terms shall limit or exclude Neertha's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under applicable law.

10. Warranties & Representations

Neertha warrants that it will provide its services with reasonable skill, care, and diligence consistent with professional standards in the executive search industry. Neertha does not warrant or guarantee:

• That any particular candidate will be identified, assessed, or placed as a result of a mandate
• That a placed candidate will meet any specific performance targets after appointment
• The accuracy or completeness of information provided by candidates, which Neertha presents in good faith based on reasonable verification
• The uninterrupted or error-free operation of the Website

11. Termination

Either party may terminate a mandate agreement as provided in the specific terms of that agreement. In the absence of specific termination provisions:

• A Client may terminate a mandate upon 30 days' written notice, subject to payment of all fees and expenses incurred to the date of termination, including the non-refundable retainer
• Neertha may terminate a mandate if the Client materially breaches these Terms or the mandate agreement and fails to remedy such breach within 14 days of written notice
• Termination does not affect the Client's obligation to pay fees for any candidate hired within 12 months of termination who was introduced to the Client by Neertha in connection with the terminated mandate

12. Governing Law & Disputes

These Terms and any mandate agreements entered into with Neertha shall be governed by and construed in accordance with the laws of India.

Any dispute arising out of or in connection with these Terms or any mandate, including any question regarding its existence, validity, or termination, shall be resolved as follows:

• The parties shall first attempt to resolve the dispute through good-faith negotiation at a senior level
• If the dispute is not resolved within 30 days of written notice, either party may refer the dispute to mediation by a mutually agreed mediator
• If mediation is unsuccessful, the dispute shall be finally resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual agreement or, failing agreement, by the relevant appointing authority
• The language of arbitration shall be English

Notwithstanding the foregoing, either party may seek interim or injunctive relief from a court of competent jurisdiction without prejudice to any arbitration proceedings.

13. General Provisions

• Entire agreement — These Terms, together with any applicable mandate agreement, constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior understandings.
• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver — Failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
• Assignment — You may not assign any rights or obligations under these Terms without Neertha's prior written consent. Neertha may assign its rights and obligations in connection with a corporate restructuring or business transfer.
• No partnership — Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
• Force majeure — Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
• Amendments — We may update these Terms from time to time. Continued use of the Website after any changes constitutes acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms & Conditions, please contact us: