T&C

1. Introduction

These Terms constitute an agreement between Kaamwork Technologies (“Kaam” or “kaam.work”) and you.

Kaamwork Technologies Inc. is a Delaware corporation with its principal place of business at Kaamwork Technologies Inc. , 404 Bryant Street, San Francisco, CA 94107, USA. Kaam is the owner and operator of the websites accessible at www.kaam.work or www.kaam.ai or www.kaam.co (collectively the “Website”) and of the recruitment and employment-seeker listing services provided by Kaam on its Website (the Service)

PLEASE READ THESE TERMS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING “I AGREE”, YOU DECLARE THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO ENTER INTO A CONTRACT WITH KAAM; AND (3) YOU ARE AUTHORISED TO MAKE A COMMITMENT ON YOUR OWN BEHALF, OR ON BEHALF OF THE COMPANY STATED TO BE YOUR EMPLOYER WHEN REGISTERING, AND THEREFORE TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS THE WEBSITE OR THE SERVICE.

Kaam operates its Website and Service to connect Companies to candidates in specific skill domains. For the avoidance of doubt, where an employment relationship is established through usage of the Website and/or Services, the Candidate will be engaged by Kaam in a workplace remote from the Company or User. Please note that these Terms may be modified at any time, therefore you are invited to consult them regularly. When important or significant changes are made, the page containing the Terms will be updated on the Website. We will also update the “Version published on” date at the top of the Terms. If you are registered on the Website, we will also notify you by email of any changes. Any modification of the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after the publication of the new Terms for existing Users. If you do not agree to the new Terms, your sole remedy is to cease using the Website and Service. Otherwise, your continued use of the Website will constitute acceptance of the change(s).

2. Definitions

Terms: these terms and conditions.

Candidate: any individual who registers on the Website seeking professional opportunities for fixed-term contracts or permanent contracts.

User: any organisation that registers on the Website that is interested in employing a Candidate.

Interview Request: A message sent by the User to a Candidate to notify the Candidate of the User’s interest. An Interview Request is not binding and does not create any contractual obligations for the Candidate and/or the User.

Visibility Process: the period of sixty (60) days or such longer period, during which Users can make Interview Requests to Candidates

Website: the website www.kaam.work , www.kaam.ai , www.kaam.co

You: any visitor to this Website

3. Description of the Service

3.1 For Candidates

kaam.work is an online service that connects Candidates with Users via a clear and non-legally binding Visibility Process. As a Candidate, you have the opportunity to find employment in a transparent manner by allowing multiple Users to send you Interview Requests before you even begin the interview process. The use of kaam.work is totally free for Candidates. The Visibility Process is non-binding and does not create any contractual obligations between the User and you. The Service is designed to maximise your value in the market and to attract multiple Users effectively, quickly, and without obligation.

3.2 For Users

As a User, kaam.work gives you the chance to see qualified profiles, reduce the costs and time associated with recruitment, and engage candidates in a remote, managed service contractual arrangement. You have the right to send Interview Requests to the Candidates listed on kaam.work whose profiles correspond to those your organisation is seeking. These Interview Requests are not binding in nature and are without obligation. They do not constitute the formation of an employment contract binding you in any way whatsoever to the Candidates. A fee is due only on engagement of a Candidate.

3.3 Verification

kaam.work does conduct investigations into the stated employment history of its Candidates and does perform basic verification of the statements made by Users; kaam.work reserves the right to carry out any such checks or to use any other valid means by using publicly available information as well as reference checks. Additionally, candidates perform assessment procedures administered through the Service. These assessments are used to verify and classify the skills candidates wish to utilize in employment sought through the Service. Kaam.work uses video monitoring and other tools to proctor these assessments and confirm the identity of the Candidate sitting the assessment. This proctoring provides reasonable assurance as to the identity of the test-taker which is verified against photographic government-issued identity cards. At no time, however, will kaam.work be responsible for any intentional misrepresentation by a Candidate of their identity, work history, or academic or training qualifications. Therefore, Users are responsible for all investigations, or any other means of due diligence, required by them before any engagement to verify the qualities, experience, and references of Candidates. Similarly Candidates are responsible for verifying the suitability of Users.

4. Registration

By creating an account on the Website, you agree to provide accurate, truthful, complete and current information. If you provide false, inaccurate, out-dated or incomplete information, Kaam has the right to suspend or terminate your account. You are responsible for all activities that occur on your account. You also agree not to create an account using a false identity or false information, or on behalf of someone else. You must not have more than one account and must not register or use the Website if you have already been banned from the Website.

4.1 Candidates

To use Kaam as a Candidate you must register and create a profile. Use of the Website and the Service is free for Candidates. Upon registration, we may ask you to provide information such as your name, email address, education, professional experience, skills, personal presentation, videos, and other information or materials that we consider relevant.

In addition, you agree to provide any proof of identity and references that we may require from you. We may also allow you to use a third-party service such as GitHub, LinkedIn, Google, or Twitter to register. If you do so, you confirm that the information contained in such third-party services is current and accurate and can be used for the purpose of your registration under these Terms.

We will review the information you provide us with during the registration process and we may also examine any other information about you that is publicly available. We reserve the right, at our sole discretion, to accept or reject your registration. If your registration is accepted, you will be allowed to use our Service.

4.2 User

To use Kaam as a User, you must also register. Registration is free. When registering, we may ask for additional information about your organisation and the types of Candidates you are seeking. Once registered as a User, you can create one or more searches to specify the type of Candidate you are seeking. We will review the information you have provided to us during the registration process and any other publicly available information. We remind you that in order to create an account on the Website, you must confirm that you have authorisation from your Employer. We reserve the right to verify that you have such authorisation. We reserve the right, at our sole discretion, to accept or refuse your registration to use our Website. If your registration is accepted, you will be allowed to receive profiles of Candidates and have the opportunity to send them Interview Requests and communicate with them through our messaging service. Once the registration form has been validated, you will receive an email to the address provided to confirm creation of your account.

5. Your password

You are strongly advised not to choose a password constituting a common word and to alternate numbers and letters. It is your responsibility to change your password regularly. You are solely responsible for your password and the use made of it. You shall not share it with anyone else and not to allow other people to use your Kaam account. You agree that entering your email address and your password is proof of your identity.

6. Your obligations and commitments

You shall (1) use any content posted by other registered visitors (by Users or by Candidates, as appropriate) in accordance with the laws applicable to the right to the respect of privacy and the protection of personal data; (2) as a User, not disclose, beyond your in-house service dedicated to recruitment and for your own goal of recruiting a Candidate, the names or identities of Candidates or information relating to an Interview Request made; (3) as a Candidate, not disclose any information relating to an Interview Request received; and (4) take the appropriate physical, technical and administrative measures to protect the content that you obtain when using the Website and Service from loss, misuse, unauthorised access, disclosure, alteration or destruction. Our Service allows the uploading of photos, curricula vitae and any other information and enables the sending of messages and communication with other registered visitors (Content).

6.1 Your Content

You agree not to:

upload Content in breach any applicable laws and regulations;
upload Content that is illegal, degrading, violent, threatening, defamatory, libellous, vulgar, obscene, indecent, immoral, hateful, racist, xenophobic, anti-Semitic, sexist, constituting harassment or discrimination, or that violates others’ privacy, personal dignity, respect for personal data, confidentiality or secrecy of correspondence;
upload Content that infringes the intellectual property rights of others;
disseminate information that is deliberately false or in order to harm others;
upload Content to promote or condone illegal activities, incite hatred and harass others.

We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about a third party. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. You may notify Kaam if you think that an Interview Request, profile, message or any other visible content on the Website, is manifestly unlawful or in breach of these Terms, by sending a message to the following address: legal@kaam.work

6.2 Your use of the Website

To the extent permitted by law which is not capable of exclusion, you agree:

Not to copy, distribute or to disclose any part of the Website by any means whatsoever;
Not to download, publish, transmit or distribute materials that contain viruses or any other computer code, files or programs designed to interrupt, hinder or limit the functioning of any software, hardware or other equipment relating to telecommunications;
Not to interfere with or hinder the operation of the Website or its servers;
Not to go beyond your User privileges, for example by attempting to use tools to which you do not have access or by deleting, adding or modifying the content of the Website;
Not to imitate or impersonate a Candidate, User or any person from the Kaam team;
Not to sell or transfer your account to third parties;
Not to implement practices that could appear to be spam, such as the promotion of a website via fake links, or the promotion of your own website or business by publishing advertising messages in your profile.

7. Interview Request

7.1 The role of the Candidate

During the Visibility Period, Candidates will be visible to Users seeking relevant profiles and Candidates may receive Interview Requests from these Users. Where possible, each Interview Request will include details of remuneration and a job description. Candidates agree to respond to each Interview Request sent by a User within a maximum of 24 hours after receipt.

The Candidate then has the option – not the obligation – to accept one or more Interview Requests. Acceptance of an Interview Request simply begins the traditional recruitment process (interviews, etc.).

If the Candidate receives a written engagement offer from Kaam on behalf of a User, the Candidate agrees to respond to the User within 48 hours.

In all cases, the Candidate must demonstrate professionalism and motivation both during the Visibility Period and during each interview with a User.

The Candidate should always make themselves available for any contact from the Kaam team during the Visibility Period.

As Kaam is the employer of record in an eventual engagement, Candidate agrees not to discuss specifics of their remuneration with Users.

7.2 The role of the User

Users can access the profiles of Candidates who match their search criteria. They may then make an Interview Request to one or more Candidates. If a Candidate accepts the Interview Request, the traditional recruitment process then begins (interviews, etc.). Once the User has found a Candidate on our Website, the User agrees to communicate with the Candidate exclusively via our Website for the duration of the Visibility Process. The User and the Candidate may use other means of communication once the Candidate has accepted the Interview Request. The User agrees not to try to circumvent our Website and Service by attempting to communicate independently of our Website and to employ the Candidate by other means, after finding the Candidate on our Website.

Kaam provides transparency to its pricing model to both Candidates and Users as well as the estimated proportions representing candidates salaries, benefits, infrastructure, and remote services fees. Pricing of access to Candidates is established by Kaam and is not to be discussed or negotiated directly by Users and Candidates. In the event a Candidate approaches a User about their remuneration, User agrees to refer the Candidate to Kaam for further inquiry or discussion.

7.3 The role of Kaam

Kaam provides a location and technical tools for Users to enable them to search for and contact Candidates. The agreements established between Kaam and Candidates do not bind Users contractually to Candidates other than through a master service agreement and specific Candidate one-page contract rider. Kaam engages Candidates as full-time resources and provides them with grade A or equivalent standard working facilities as well as equipment and remote working tools. By entering into a Master Services Agreement and one-page contract rider naming the specific Candidate, Users are provided access to the Candidate as a 100% dedicated resource. Specific terms of the engagement between Users and Kaam are outlined and agreed within the Master Services Agreements.

8. Fees

8.1 The Candidate

8.2 The User

Responsibility lies with Kaam to carry out the mandatory formalities required by law and concerning the Candidate for purposes of employing them by kaam.work and related entities.

The User will be liable for the full payment of kaam.work fees as set forth in the Master Services Agreement and additionally:

if within 12 months after being introduced through the Visibility Period the Candidate accepts an offer of employment or other engagement with the User, including an offer of employment or engagement that is different from the initial offer.
if within 12 months after being introduced through the Visibility Period, the User introduces the Candidate to any other person or company who subsequently employs or engages the Candidate.

If the User decides to appoint several Candidates who had been identified through Kaam, the full fee will be payable in respect of each Candidate presented by tKaam and hired by the User

Kaam fees must be paid regardless of whether a probation period is required or not in the case of direct employment of a Candidate by a User.

8.3 Payment of Fees

Specific payment terms for Users will be set forth in the Master Services Agreements mutually agreed by Kaam and User.

8.4 Damages

A User who bypasses our Site after hiring or approaching a Candidate, who was found on the Site, must in addition to the fees paid under Clause 8.4 above, damages equal to 15% of the gross annual cost of the Candidate as listed by Kaam at the time of the infringement.
If a User fails to inform kaam.work of the recruitment of a Candidate registered on the Website within 14 days of whichever of the two dates comes first:
- the date on which his/her contract was signed;
- the date on which the Candidate started to work for the User

The User must in addition to the fees paid under Condition 8.4 above pay damages equalling 15% of the gross annual cost of the Candidate as listed by Kaam at the time of the infringement.

The parties agree that the amounts set out in this Condition represent a genuine pre-estimate of the loss that Kaam will suffer as a result of the User’s acts or omissions.

8.5 Payment

Kaam.work shall be entitled to submit an invoice when the fee becomes payable. The User must inform Kaam immediately of any changes of billing address or payment account details.

8.6 Invoicing

Kaam invoices are payable upon receipt. If payment is not received within 30 days, Kaam shall be entitled to charge costs and interest on the outstanding amount without notice, in accordance with the prevailing legislation of the User’s registered location. Any dissatisfaction on the part of the User regarding an invoice or the nature of the Services must be clearly expressed in a letter addressed and sent by registered mail within 14 days from the date of the invoice. In the absence of such a letter, the User will be held to have accepted the invoice.

9. Intellectual property

The Kaam brand, consisting of the trade marks, whether registered or not, all the other marks, illustrations, images, texts, commentaries and logotypes appearing on the Website, whether registered or not, the general structure of the Website, as well as the text software, animated and still images, expertise, drawings, illustrations, data base or any other elements comprising the Website, is and will continue to be, the exclusive property of Kaam and its licensors.

The same applies to any copyright, design, utility certificate or patent which is the property of Kaam. Any reproduction, in whole or in part, modification, extraction or utilisation, for whatever reason and by whatever means, without the prior and express approval of Kaam is strictly forbidden.

10. Links to third party content

Links to other third party internet sites may be available on this Website. Kaam has no control over these internet sites or their contents. The publication of links to such internet sites does not in any way imply that Kaam approves of these sites, their contents or the products and services offered on them. You are solely responsible for using them.

We accept no responsibility for adverts contained within the Website. If you agree to purchase goods and/or services from any third party who advertises in the Website, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

11. Confidentiality

Personal Information will not be retained for a period more than necessary to fulfill the purposes outlined in this privacy statement, unless a longer retention period is required by law or for directly related, legitimate business purposes.

11.1 Confidentiality of log in details

The User agrees to keep his/her password and other log in details secret and to not divulge them in any form. In the event of the loss or theft of any of log in details, Candidates and Users must inform Kaam immediately and in writing (by e-mail to legal@kaam.work or letter with recorded delivery).

11.2 Confidentiality of data

Confidentiality of the personal information of registered visitors: personal information is the data pertaining to the User (postal and electronic address, occupation etc.) These details are for the management of the Registration and for the commercial relationship between the registered visitors and Kaam. None of this information will ever be made available to a third party other than upon application by a court or a government authority or a competent judicial authority. Personal data of the User is processed in accordance with Kaam’s Privacy Policy available at https://www.kaam.work/privacy.

Users agree to keep confidential all information relating to other users that is provided to them or otherwise accessed by them through the Website and/or in relation to the Services.

12. Exclusion of liability / Indemnity

We shall (a) provide the Services with reasonable skill and care; (b) use industry standard virus detection software to try to block the uploading of content to the Website that contains viruses; and (c) subject to Condition 14 below provide you with access to the Website and the Services.

Save in relation to our obligations set out in above, the Services and the Website are provided on an “as is” basis. We do not warrant that a Candidate will find an engagement, nor that a User will fill a job nor that a Candidate will be suitable for an engagement, or a User suitable for a Candidate. To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Website and the Services; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

We will not be liable, in contract, tort (including negligence or under statute) or otherwise, as a result of or in connection with the Website or the Services, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; (d) special or indirect or consequential loss even if advised of the possibility of such losses; and/or (e) any loss arising from your failure to provide accurate and complete information when required to do so. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by US law.

13. Availability of the Service

We will use reasonable endeavours to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You should promptly report any fault in the Website and/or the Services to legal@kaam.work and we shall endeavour to remedy the fault as soon as reasonably practical.

14. Suspension and Termination

14.1 By Kaam

In the User fails to pay invoice by the due date or otherwise is in breach of these Terms, Kaam reserves the right to terminate access to the Services or suspend access to the Service and Engagement resource until such time as all outstanding payments have been made or the breach cured.

If any User breaches any of his/her obligations under these Terms, Kaam can suspend or terminate his/her account and his/her right to use the Service at any time without notice.

14.2 By the User

If you wish to terminate your account, you can do so by following the instructions on the Website.

If it is no longer possible for the User to connect to the internet, he/she could terminate the account by sending a letter with recorded delivery to Kaam.

14.3 Consequences of Termination

If you wish to terminate your account, you can do so by following the instructions on the Website.

If it is no longer possible for the User to connect to the internet, he/she could terminate the account by sending a letter with recorded delivery to Kaam.

15. Publicity

Kaam may include the name of any User in any document, electronic or otherwise, for marketing and publicity purposes.

16. General

Kaam reserves the right to subcontract in whole or in part, its obligations under these Terms.

These Terms (as amended from time to time) constitute the entire agreement between us concerning your use of the Website to the exclusion of all other terms and conditions including any terms or conditions which you purport to apply.

You may not assign your rights or obligations under these Terms.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms are governed by the laws of California and any dispute about the validity, interpretation or termination of the Terms will be subject to the exclusive jurisdiction of the courts of California.