Terms of Service

Last Updated: December 2024

Welcome to Kinetics Source Technologies Pvt. Ltd. (KS Technologies). These Terms of Service ("Terms") constitute a legally binding agreement between you and Kinetics Source Technologies Pvt. Ltd. governing your access to and use of our website, services, and products.

1. Acceptance of Terms

By accessing our website at kineticssourcetechnologies.com or using any of our services, you agree to:

• Be bound by these Terms of Service
• Comply with all applicable laws and regulations
• Accept our Privacy Policy and other policies referenced herein
• Provide accurate and complete information when requested

2. Services Offered

2.1 Recruitment and Staffing Services

Kinetics Source Technologies Pvt. Ltd. provides comprehensive recruitment and staffing solutions, including but not limited to:

• IT & Non-IT talent acquisition and placement
• Executive search and headhunting services
• Contract and permanent staffing solutions
• Resume screening and candidate assessment
• Background verification services
• Career counseling and consultation

2.2 Technical Services

We offer specialized technical services in:

• ServiceNow implementation and customization
• Salesforce development and integration
• MERN Stack development
• Full Stack web development
• Web application design and development
• Offshore team management and collaboration

2.3 Job In Minute Services

Through our sister company Job In Minute, we provide instant job matching and placement services with AI-powered algorithms.

3. User Accounts and Registration

3.1 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information promptly
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Eligibility

• You must be at least 18 years old to use our services
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using our services under applicable laws

3.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms or engage in prohibited activities.

4. Payment Terms and Pricing

4.1 Zero Upfront Cost Model

4.2 Payment Structure

• No Hidden Charges: We do not charge any upfront fees, registration fees, or consultation charges
• Success-Based Fees: Payment is due only after successful candidate placement and offer acceptance
• Flexible Margins: Our fees and margins are negotiated based on your specific requirements and conditions
• Satisfaction Guarantee: We do not force any cost agreements until you are completely satisfied with the placement
• Custom Rate Agreements: Each client receives a personalized rate structure based on volume, industry, and role complexity

4.3 Payment Terms for Technical Services

For technical development and consulting services:

• Project-based pricing with milestone payments
• Hourly or fixed-price contracts available
• Payment terms agreed upon in separate service agreements
• Invoices payable within 30 days unless otherwise specified

4.4 Late Payments

Late payments may incur interest charges at the rate of 1.5% per month or the maximum allowed by law, whichever is lower.

5. User Responsibilities and Conduct

5.1 For Employers/Clients

As an employer or client, you agree to:

• Provide accurate job descriptions and requirements
• Conduct fair and non-discriminatory hiring practices
• Comply with all applicable employment laws
• Provide timely feedback on candidate submissions
• Honor commitments made to placed candidates
• Pay agreed fees promptly upon successful placement

5.2 For Job Seekers/Candidates

As a job seeker or candidate, you agree to:

• Provide truthful and accurate information in your resume/profile
• Not misrepresent your qualifications, experience, or skills
• Attend scheduled interviews and respond to communications promptly
• Inform us of any job offers or changes in your job search status
• Comply with the terms of any employment offer you accept

5.3 Prohibited Activities

You must NOT:

• Use our services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Submit false, misleading, or fraudulent information
• Attempt to circumvent our placement fees by directly hiring candidates without our involvement
• Scrape, copy, or extract data from our website using automated means
• Interfere with or disrupt our services or servers
• Upload viruses, malware, or other malicious code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Use our services to spam or send unsolicited communications

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content on our website and services, including but not limited to:

• Text, graphics, logos, images, and software
• Website design, layout, and functionality
• Trademarks, service marks, and trade names
• Proprietary algorithms and methodologies

...are owned by or licensed to Kinetics Source Technologies Pvt. Ltd. and are protected by intellectual property laws.

6.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. You may not:

• Copy, modify, or distribute our content without permission
• Reverse engineer or decompile any software
• Remove any copyright or proprietary notices
• Use our intellectual property for commercial purposes without authorization

6.3 User-Generated Content

By submitting content (resumes, job postings, feedback) to our platform, you grant us a worldwide, royalty-free license to use, reproduce, and display such content for the purpose of providing our services.

7. Confidentiality

Both parties agree to maintain confidentiality regarding:

• Proprietary business information
• Client and candidate personal information
• Pricing and fee structures
• Trade secrets and business strategies

This obligation continues even after termination of services.

8. Disclaimers and Limitations of Liability

8.1 Service Disclaimer

8.2 No Employment Guarantee

We do not guarantee:

• That any candidate will receive a job offer
• That any employer will find suitable candidates
• Specific salary levels or employment terms
• Continued employment after placement

8.3 Limitation of Liability

To the maximum extent permitted by law, Kinetics Source Technologies Pvt. Ltd. (KS Technologies), its directors, employees, affiliates, or agents shall not be liable for:

• Any indirect, incidental, special, punitive, exemplary, or consequential damages
• Loss of profits, revenue, data, business opportunities, or reputation damage
• Damages arising from your use or inability to use our services
• Actions or omissions of third parties

In the event of any dispute, claim, breach of contract, or legal action arising out of or relating to the services provided, our total collective financial liability shall be strictly limited. Our maximum liability shall not exceed whichever of the following amounts is lower:

• A) The actual net fees paid by you and received by us for the specific service during the three (3) months immediately preceding the event giving rise to the claim, OR
• B) ₹5000 INR (Five Thousand Indian Rupees).

If no fees have been successfully paid by you or received by us for the specific service at the time the claim arises (including but not limited to free trials, complimentary services, or pending/unpaid invoices), our total financial and legal liability shall be strictly zero (₹0 INR / $0 USD).

8.4 Candidate and Employer Responsibility

We are not responsible for:

• Employment decisions made by employers
• Job performance or conduct of placed candidates
• Employment disputes between employers and employees
• Verification of all information provided by users (though we make reasonable efforts)

8.5 Platform Security and User Risk

We take reasonable measures to keep the Platform secure and to protect user accounts, personal information, job postings, applications, and query/contact forms submitted through our services. However, no online platform can guarantee complete security, and use of the Platform is undertaken at the user's own risk.

This applies to, without limitation: the security of your account credentials, the confidentiality and accuracy of personal or professional information you provide, the content of job postings made by employers, applications and resumes submitted by candidates, and any query or contact forms submitted through the Platform. Users are responsible for safeguarding their own login credentials and for exercising reasonable judgment when sharing personal information or engaging with other users through the Platform.

8.6 Governing Law & Jurisdiction

This Disclaimer shall be governed by and construed in accordance with the laws of India. Any legal actions, disputes, or proceedings arising out of this document or our services shall be subject to the exclusive jurisdiction of the courts located in [Indore, Madhya Pradesh, India].

9. Indemnification

You agree to indemnify, defend, and hold harmless Kinetics Source Technologies Pvt. Ltd., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use of our services
• Information you submit to our platform
• Your employment decisions or relationships

10. Guarantee Period and Replacement Policy

10.1 Placement Guarantee

For permanent placements, we offer a guarantee period:

• Standard Guarantee: 90 days from the candidate's start date
• Coverage: If the candidate leaves voluntarily or is terminated within the guarantee period, we will provide a replacement candidate at no additional charge
• Conditions: Guarantee is subject to timely payment and cooperation from the client

10.2 Refund Policy

Refunds are handled on a case-by-case basis and depend on:

• The nature of the service provided
• Stage of the placement process
• Specific terms in the service agreement

11. Term and Termination

11.1 Term

These Terms remain in effect while you use our services.

11.2 Termination by You

You may stop using our services at any time by:

• Closing your account
• Ceasing to access our website
• Notifying us in writing

11.3 Termination by Us

We may suspend or terminate your access immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account remains inactive for an extended period
• Required by law or regulatory authority

11.4 Effect of Termination

Upon termination:

• Your right to use our services ceases immediately
• Outstanding fees remain due and payable
• Certain provisions (confidentiality, indemnification, liability limitations) survive termination

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Raipur, Chhattisgarh, India.

12.3 Dispute Resolution Process

1. Negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiation
2. Mediation: If negotiation fails, disputes may be submitted to mediation
3. Arbitration/Litigation: Unresolved disputes may proceed to binding arbitration or litigation

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon:

• Posting the updated Terms on our website
• Sending notification to registered users (for material changes)

Your continued use of our services after changes constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional service agreements, constitute the entire agreement between you and Kinetics Source Technologies Pvt. Ltd.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control (natural disasters, pandemics, war, government actions, etc.).

14.6 Third-Party Rights

These Terms do not create any third-party beneficiary rights.

15. Contact Information

16. Company Registration Details