Terms of Service

These Terms of Use ("Terms") will apply when you:

• create an account with us (or attempt to do so);
• have, or have access to, an account with us;
• post, or attempt to post, a job listing on our Premier Talent platform (the "Platform");
• utilise, or attempt to utilise, any of our other products and services, including the Franq AI interview tool; or
• otherwise agree to be bound by these Terms.

These Terms will bind both the relevant individual and any business or organisation they represent (or claim to represent). References to "you" and "your" should be read accordingly.

Your access to and use of the Platform is conditional upon your acceptance and continued compliance with these Terms.

Our products and services are offered on a credit-based system. Employers purchase credit packages which are applied toward job listings, Franq interview invitations, and other platform features as applicable.

Credits do not expire. Once purchased, credits remain available in your account until fully utilised.

All credit purchases are final. We do not offer refunds on any purchased credits, whether utilised or unused.

Unless otherwise agreed in writing, all amounts owing to us must be paid in full at the time of purchase or within 14 days of the date of invoice, whichever is earlier.

You are obliged to pay for credit packages you have agreed to purchase regardless of whether you utilise those credits.

We may charge interest on late payments at our applicable bank rate, plus any reasonable costs incurred in collecting overdue amounts. If you do not pay on time, we may disable your account and withhold further products or services.

For any payment-related concerns, please reach out to us at finance@premiertalent.my and we will get back to you as soon as possible.

You warrant and agree that:

• you have the legal capacity and authority to agree to these Terms and to bind the business or organisation you represent;
• job listings and other content posted by you do not breach the intellectual property rights of any third party;
• you will not introduce any virus, worm, malware, Trojan horse, or any item of a destructive nature into the Platform or its systems;
• you will maintain reasonable security controls to protect your systems and any Personal Data of Candidates from misuse, loss, and unauthorised access;
• you will use the Platform in accordance with all Applicable Laws;
• you will not use the Platform in a way that infringes the legal rights of others; and
• you will not upload, post, or transmit content that is unlawful, harassing, defamatory, discriminatory, obscene, or otherwise objectionable.

You may not assign or transfer any rights or obligations under these Terms to any other person or entity without our prior written approval.

You indemnify, and will keep indemnified, us and our officers, employees, and agents against all claims, liabilities, costs, damages, and expenses arising from any breach of these Terms by you, any negligent act or omission by you, or any breach of Applicable Laws by you.

Any Personal Data of any Candidate that you obtain through the Platform must only be used in connection with genuine recruitment activities and in accordance with all Applicable Laws, including the Malaysian PDPA.

You must not sell, on-supply, or disclose Candidate Personal Data to any third party, including affiliates or related parties, except where expressly permitted by Applicable Laws.

You must not use Candidate Personal Data obtained through the Platform to market or sell any product or service to that Candidate.

If you upload or import Candidate data into the Platform (including via the "Add Candidate" function), you warrant that you have obtained the express consent of each individual for such upload and storage, fully disclosed to each individual the purpose for which their information will be held, and complied with all obligations under the PDPA and other Applicable Laws.

If we have reasonable grounds to believe you have misused Candidate data, we reserve the right to immediately suspend or terminate your account, report potential contraventions to the relevant authorities, and/or take legal action.

All job listings posted by you must comply with all Applicable Laws, including those relating to employment, anti-discrimination, equal opportunity, and consumer protection.

Job listings must not specify preferences or requirements relating to race, language, religion, marital status, age, or other legally protected characteristics, unless expressly permitted by Applicable Laws.

Each job listing must represent a genuine, current, paid employment opportunity for which you are actively recruiting. We reserve the right to request verification of any listing.

You must post only one job role per listing. Where you breach this obligation, we reserve the right to charge you for each additional role advertised.

You must not require Candidates to pay any fee or charge in connection with applying for or being considered for any role listed on the Platform.

You must not use the Platform to send unsolicited commercial messages to Candidates. Our messaging tools may only be used to communicate with Candidates in connection with a genuine recruitment process.

We reserve the right to reject, edit, or remove any job listing that does not comply with these Terms, at our discretion.

Franq interview invitations are issued solely at the discretion of the Employer. We do not guarantee any specific outcome from the use of Franq.

Candidates have 48 hours to complete a Franq interview session from the time of invitation. Failure to complete within this window will reset the Candidate's application status to pending.

Where a Candidate withdraws their application, any outstanding Franq interview invitation will be automatically cancelled.

AI-generated assessments produced by Franq are provided as a decision-support tool only and do not constitute a professional assessment or a determination of a Candidate's suitability. All final hiring decisions remain the sole responsibility of the Employer.

You must not use Franq assessments as the sole basis for any hiring decision, and you must exercise independent judgement in all recruitment outcomes.

Access to your account is via secure login credentials. You are responsible for maintaining the confidentiality of your login credentials, identifying and managing authorised users, setting appropriate authority levels, and ensuring all authorised users comply with these Terms.

Any act or omission by an authorised user that breaches these Terms will be deemed a breach by you.

We use a three-tier access model — Super Admin, Employer Admin, and Employer Staff. You are responsible for ensuring appropriate roles are assigned within your account.

We reserve the right to suspend or terminate your account immediately if we have reasonable grounds to believe that you have breached or are unlikely to comply with these Terms, pose a security risk to the Platform or to Candidates, or are likely to cause damage to our reputation or brand.

We will act reasonably in exercising rights under this clause and may notify you in advance where appropriate. You will not be entitled to compensation or a refund in these circumstances.

If you dispute our actions, you may notify us and we will consider your dispute promptly and in good faith.

Upon termination of your account other than for fraud or dishonest conduct, we will use reasonable endeavours to provide you access to or a copy of your account data within 20 business days.

The Platform is provided on an "as is" and "as available" basis. We provide no warranty that the Platform will be uninterrupted, error-free, or free from harmful components.

To the maximum extent permitted by law, we are not liable for any indirect, consequential, special, or punitive damages arising from your use of the Platform, including loss of profit, loss of data, or loss of business opportunity.

We act as an intermediary through which Employers and Candidates connect. We do not vet Candidates or verify the accuracy of information submitted by them, and we are not responsible for representations made by Candidates.

To the maximum extent permitted by law, our total aggregate liability to you shall not exceed the total amounts paid by you to us in the three (3) months preceding the claim.

We may vary these Terms from time to time. The updated version will be published on the Platform and will apply to you upon publication.

Where we believe a change is materially detrimental to you, we will provide 30 days' written notice prior to the change taking effect.

During that notice period, you may elect to terminate your agreement with us by providing at least 5 days' written notice.

These Terms are governed by the laws of Malaysia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Malaysia.

If any clause of these Terms is found to be void or unenforceable, it is severed to that extent. The remaining Terms continue in full force.

We reserve the right to update or alter the features and functionality of the Platform at any time.

You agree that we may contact you via email, SMS, or telephone to send you information about our products and services. You may opt out at any time.