01 About these terms
This site is operated by Proactive IT Private Limited, a company registered in Sri Lanka at 47/3D, Galle Road, Colombo 04, trading as Proactive IT. In these terms, "we" and "us" mean Proactive IT Private Limited. Using this site means you accept these terms. If you do not accept them, please do not use the site.
The sections up to "Engagements are governed by their own agreement" cover the website itself and apply to everyone who visits. That section and the ones after it describe how an engagement with us works, and apply once you become a client.
02 Using this site
You may read this site and share its pages. You may not do any of the following.
- Copy, republish or resell the content as your own.
- Scrape it at a volume that degrades it for other people, or attempt to interfere with the site or its hosting.
- Use the enquiry form to send spam, malware or anything unlawful.
- Misrepresent who you are or which company you are enquiring on behalf of.
We may withdraw access to the site from anyone doing any of the above.
03 The content on it
The text, design, brand marks and images on this site belong to us or to our licensors, and are protected by copyright and trade mark law. Nothing here transfers any of that to you.
We keep the site accurate and up to date, but it describes a service rather than defining one. Descriptions of roles, process and coverage are illustrative. Nothing on this site is an offer capable of acceptance, and no page here forms a contract by itself.
04 Availability
We do not promise the site will be available uninterrupted or free of errors. We may change, suspend or withdraw any part of it without notice. Links to other sites are provided for convenience, and we are not responsible for their content.
05 Engagements are governed by their own agreement
When you engage us, we sign a written agreement with you covering the roles, the people, the rates, the term, the notice periods, replacement cover and confidentiality. That agreement governs the engagement. Where it differs from anything on this site or in these terms, the signed agreement wins.
Until such an agreement is signed, neither side is committed. A discovery call, a written role scope and any indicative cost are provided free, without obligation, and are yours to keep.
06 How the service works
The model matters for what each side is responsible for.
- We recruit against the role you specify, and screen candidates before you see a CV. You choose who to take.
- We employ the person. Contracts, payroll, appraisals, leave, insurance, and the office, network and machine they work on are ours to handle.
- They work to your managers, on your hours, using your tooling, and take their day-to-day direction from you.
- If someone leaves, recruiting the replacement is our responsibility.
Because the person takes day-to-day direction from you, the work they produce and the decisions you have them make are yours. We are responsible for their employment, their screening and their support.
07 Your responsibilities as a client
- Give an accurate description of the role and the work, so we recruit against the right thing.
- Provide the access, tooling and induction the person needs to do the job.
- Direct and supervise the work, and raise problems with us early rather than late.
- Comply with the law that applies to you in how you direct the work, including working time and anti-discrimination law.
- Pay invoices on the terms in your engagement agreement.
08 Confidentiality and data
Each side keeps the other side’s confidential information confidential and uses it only for the engagement. Our staff are bound by confidentiality obligations in their employment contracts.
Where we handle personal data on your behalf during an engagement, we do so on your instructions under the data processing terms in the engagement agreement. How we handle data you send us through this site is set out in our privacy policy.
09 Hiring our staff directly
The people we place are our employees, and we carry the cost of finding, training and retaining them. Engaging one of them directly, or through anyone else, outside your agreement with us is not permitted while the engagement runs or for the period stated in that agreement. Where you want to take someone on directly, talk to us and we will agree terms rather than treat it as a dispute.
10 Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Subject to that, we are not liable for loss of profit, loss of business, loss of data or any indirect or consequential loss, and our total liability arising out of the website is limited to the fullest extent the law allows. Liability under an engagement is governed by the cap set out in the signed engagement agreement.
11 Changes to these terms
We may update these terms. The effective date at the top always reflects the current version, and the version in force when you started an engagement continues to apply to it unless we agree otherwise.
12 Governing law
These terms are governed by the law of Sri Lanka, and the courts of Sri Lanka have exclusive jurisdiction over any dispute about them, unless a signed engagement agreement states otherwise. Where a dispute arises, both sides will try to resolve it in good faith before starting proceedings.