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 and its attached platforms belonging to the Agency within the scope of this agreement.

1.4. “Application Fee” means 100 Euros, which is the fee paid by the Candidate to register with the System within the scope of this agreement.

1.5. “Consultancy Fee” means the one (1) month net salary 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.

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 one-time payment of 100 Euro (€) (“Application Fee”) for the approval of the application, in order to share the profile to be created by the Agency on the Spark platform of the Agency within the scope of the information she/he has given, with the Clients that the Agency has a contract with in order to ensure employment. This fee is paid once for the Candidate to stay in the system. The candidate declares, accepts and undertakes that this fee cannot be refunded for any reason. The provision of article 3.11 is reserved.

3.3. The Candidate declares, accepts and undertakes that the Application Fee of 100 Euro (€) paid by him/her is the fee paid to be able to use the Spark platform and artificial intelligence assisted learning algorithm related to platform. For this reason, this fee does not in any way guarantee that the Candidate will find a suitable job position or find a job. 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 enable to access the Spark algorithm platform after the Candidate pays the Application 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 one (1) month net salary specified in the contract with the Client, 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 Application 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 Application 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.

3.12. Candidates who are students of English Tunes Company, will not be charged either “Application 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 “Application 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 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.

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, twenty-four (24) sub-articles, in two (2) copies and was signed on [../../..] by mutual agreement of the parties.

AGENCY CANDIDATE

EKSPATS B.V. […..]