EKSPATS CANDIDATE AGREEMENT

ARTICLE 1: Parties and Definitions

1.1. This agreement (“Agreement”) has been made between on the one hand Ekspats B.V. (hereinafter referred to as the “Agency”), located at Keizersgracht 520H 1017EK Amsterdam / NETHERLANDS, and on the other hand, [….] located at [……], with [……] Identity Number / Passport Number (hereinafter referred to as “Candidate”) in the form and conditions below.

1.2. “Client(s)” refers to the employers that the Candidate can be employed with and the Agency has a contract within the scope of this agreement.

1.3. “System” means Spark, Spark Pro and its attached platforms belonging to the Agency within the scope of this agreement.

1.4. “Subscription Fee” means 19.90 Euros, which is the monthly fee paid by the Candidate to register with the System and access Spark Pro services within the scope of this agreement. Candidates may choose alternative subscription plans (e.g., 34.90 Euros for 6 months or 49.90 Euros for 12 months) for extended access and additional benefits.

1.5. “Consultancy Fee” means the one-time fee which is net 3000 Euros (threethosandeuros) which the Candidate is obliged to pay to the Agency within fifteen (15) days following the Candidate’s employment agreement with the Client within the scope of the job position applied through the System.

1.6. “Spark” and/or “Spark Pro” means the AI based software platform belonging to the Agency within the scope of this agreement which is used for to bring together Candidates with Clients.

ARTICLE 2: SUBJECT OF THE AGREEMENT

2.1. The Candidate declares, accepts, and undertakes to pay the fee specified in this Agreement in return for registering on the Spark platform on the website of the Agency, and the Agency, in return, declares, accepts, and undertakes to comply with its obligations under this Agreement.

ARTICLE 3: RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Candidate declares, accepts, and undertakes that he/she will give his/her express consent separately to be informed and to do marketing by the Agency via communication channels such as SMS, e-Mail, and telephone, after he/she logs in to the website of the Agency, which is www.ekspats.com , and fills the necessary information for the application to the Spark platform.

3.2. The Candidate will pay a subscription fee of 19.90 Euro (€) per three months (“Subscription Fee”) for access to the Spark Pro platform. This fee allows the Candidate to register on the platform and share their profile, created based on the information provided by the Candidate, with the Clients that the Agency has contracts with, to facilitate potential employment opportunities. The Candidate may also choose alternative subscription plans (e.g., 34.90 Euros for 6 months or 49.90 Euros for 12 months) for extended access. The Candidate declares, accepts, and undertakes that the Subscription Fee is non-refundable for any reason. The provision of article 3.11 is reserved.

3.3. The Candidate declares, accepts, and undertakes that the Subscription Fee paid by him/her is the fee for using the Spark Pro platform and its artificial intelligence-assisted matching algorithm. This fee provides access to the platform but does not in any way guarantee that the Candidate will find a suitable job position or secure employment. The provision of article 3.11 is reserved.

3.4. The Agency declares, accepts and undertakes that the Candidate will be included in the System and will be enabled to access the Spark algorithm platform after the Candidate pays the Subscription Fee. Parties agree that, it is entirely the Candidate's responsibility to fill in his/her information in the System completely, and correctly, and not to include unnecessary information.

3.5. The Agency will share the information of the Candidate within the System only in the way that Clients can see. The Agency declares, accepts and undertakes that other Candidates will not be able to access the information of other Candidates and that it will comply with its obligations arising from the European General Data Protection Regulation (2016/679) in terms of the protection and legal processing of the Candidate’s personal data.

3.6. The candidate has unlimited right to apply for the positions opened by the Clients and to be interviewed within the scope of these positions. The Candidate declares, accepts and undertakes to keep the job position information of the Clients confidential and not to share this data with third parties in any way. Otherwise, the Candidate will be liable for all damages. In the event that an employment contract is concluded with the Candidate or a potential candidate or a Client or a third party due to the information shared by the Candidate, the Candidate declares, accepts, and undertakes to pay the penalty which is three times the monthly net salary specified in the relevant contract to the Agency as a breach of a confidentiality obligation under this Agreement.

3.7. The Candidate declares, accepts, and undertakes that the Client has all the initiatives in the post-application stages within the scope of the job positions for which he/she has applied, in terms of recruitment, such as whether to hire or make an interview; and that the Agency cannot be held responsible for any liability and problem related to this process.

3.8. The Candidate accepts, declares and undertakes to pay a penal clause of EUR 50.000 if he/she violates the aforementioned confidentiality obligation and/or arranges a job interview outside of Ekspats platforms using the information provided by the Client or/and Ekspats to him/her.

3.9. The candidate declares, accepts and undertakes that he/she shall pay the NET 3000 Euros (threethosandeuros) for once, as a Consultancy Fee to the Bank account of Agency which is […..] within fifteen (15) days from the date of the contract following the conclusion of an employment contract with the Client within the scope of the job position he has applied for through the System. This fee is different from the Subscription Fee specified in 3.3. which is paid by the Candidate to be included in the System, Therefore the Candidate also declares, accepts and undertakes that the Consultancy Fee will not be refunded under any circumstances, as in the Candidate's Subscription Fee. The Candidate’s failure to pay the Consultancy Fee is a breach of the contractual performance obligation. The provision of article 3.12 is reserved.

3.10. The Candidate will continue to stay in the System even after being accepted to any job position through the System. The Candidate may seek a new job and declares, accepts, and undertakes that he/she will be liable to pay the Consultancy Fee in this article for every possibility that he/she finds a new job through the System. The Candidate declares, accepts, and undertakes that he/she is obliged to pay the Consultancy in case the employment contract is terminated by him for any reason.

3.11. The Candidate declares, accepts, and undertakes that, the Client may put the Candidate through a trial period for any period of time after the Client has signed an agreement with the Candidate as explained in 3.7 above, and at the end of this trial period, The Candidate also declares that, the responsibility of whether or not to continue their employment contract with the Client is entirely up to him/her and the Client. In this context, the Candidate declares, accepts and undertakes that all disputes including the employment acceptance, visa procedures, etc. to be experienced will be between him/her and the Client, and that The Agency will have no responsibility which may arise from those processes. Whether or not the Candidate is subject to a trial period, he/she is obliged to pay the Consultancy Fee upon signature of the contract as referred to in Article 3.9.

3.12. Candidates who are students of English Tunes Company, will not be charged either “Subscription Fee” which is regulated under Article 3.2 or “Consultancy Fee” which is regulated under Article 3.8. Candidates who are students of the universities with which the Agency has signed a protocol, will not be charged “Subscription Fee” (for a certain number of students) which is regulated under Article 3.2. And also the Candidates who are students of the universities with which the Agency has signed a protocol, will pay the required “Consultancy Fee” with a 30% (thirtypercent) discount. If Candidates who are students of the universities with which the Agency has signed a protocol, want to pay their Consultancy Fee in instalments, they accept and declare that 30% (thirtypercent) discount will not be applied to them.

ARTICLE 4: TERM OF AGREEMENT

4.1. This agreement enters into force with all its provisions and results as of the date it is signed by the parties and stays in force until either the Candidate declares in writing that he/she wishes to exit the System, except for the justified reasons that may be presented by the Agency or Agency declares in writing that it wants to terminate the agreement.

ARTICLE 5: GENERAL PROVISIONS

5.1. If one of the provisions of this agreement is invalid or unenforceable, the agreement and other provisions of the agreement remain valid separately.

5.2. Parties agree that, obligations, which by their nature are intended to continue after the termination of the Agreement, retain their effect after the end of the agreement. Article 3.6 of this Agreement is one of them.

5.3. The Agency reserves the right to amend this Agreement unilaterally. This amendment will also apply to the Agreements signed before that. However, this amendment will not enter into force until 14 days after the Candidate is informed about it. The notification does not have a prescribed form. If the candidate does not accept the amendment, he/she will have the right to terminate the Agreement, effective from the date of the amendment.

5.4. This Agreement, even of an international character, is governed by the laws of the Netherlands.

5.5. Any disputes – including disputes that only one of the parties deems to be such – arising between the Client and the Candidate in connection with this Agreement or the agreements ensuing from it will be resolved by the competent judge of the District Court of Amsterdam, the Netherlands.

This agreement has been formed in three (3) pages, five (5) articles, in two (2) copies and was signed on [../../..] by mutual agreement of the parties.

AGENCY CANDIDATE

EKSPATS B.V. […..]