Defitex

Terms of Service

Legal terms and conditions governing our services

Last updated: July 25, 2025

Effective date: July 25, 2025

Table of Contents

1. Acceptance of Terms2. Definitions and Interpretation3. Description of Services4. Client Obligations and Responsibilities5. Fees, Payment Terms, and Financial Obligations6. Intellectual Property Rights7. Confidentiality and Data Protection8. Communications Compliance9. Liability Limitations and Disclaimers10. Termination and Survival11. Dispute Resolution and Governing Law12. General Provisions

Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Client", "you") and Defitex Innovative Solutions LLC, a Wyoming Limited Liability Company with EIN 37-2185545, located at 30 N Gould St Ste R, Sheridan, WY 82801 ("Defitex", "Company", "we", "us", "our").

By accessing, browsing, or using our website (defitex.us), services, or any related applications, platforms, or tools (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of our Services. Your continued use of our Services following any modifications to these Terms constitutes acceptance of such modifications.

Definitions and Interpretation

Key Definitions

  • "Services" means all staffing, recruitment, talent acquisition, payroll management, compliance, and related professional services provided by Defitex.
  • "Client" means any individual, corporation, partnership, or other legal entity that engages Defitex for Services.
  • "Candidate" means any individual seeking employment or contract opportunities through Defitex.
  • "Placement" means the successful hiring or engagement of a Candidate by a Client through Defitex's Services.
  • "Confidential Information" means all non-public, proprietary information disclosed by either party.
  • "Intellectual Property" means all patents, trademarks, copyrights, trade secrets, and other proprietary rights.
  • "Force Majeure" means circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or other unforeseeable events.

Description of Services

Defitex provides comprehensive talent acquisition and workforce management solutions, including but not limited to:

Core Services

  • Permanent staffing and direct hire placements
  • Contract and temporary staffing solutions
  • Recruitment Process Outsourcing (RPO)
  • Payroll management and administration
  • Compliance and regulatory advisory services
  • Remote hiring from India and global talent sourcing
  • Executive search and leadership recruitment
  • Workforce consulting and strategic planning

Service Limitations

  • Services are subject to availability and market conditions
  • Defitex does not guarantee specific outcomes or placements
  • All services are provided on a best-efforts basis
  • Service modifications may occur with reasonable notice

Client Obligations and Responsibilities

Information Accuracy

  • Provide accurate, complete, and current job descriptions and requirements
  • Disclose all material terms of employment, including compensation, benefits, and working conditions
  • Notify Defitex promptly of any changes to job requirements or specifications
  • Ensure all provided information complies with applicable employment laws

Legal Compliance

  • Comply with all applicable federal, state, and local employment laws
  • Maintain proper licensing and certifications for business operations
  • Ensure non-discriminatory hiring practices in accordance with EEOC guidelines
  • Provide safe and lawful working conditions for all placed candidates

Cooperation Requirements

  • Participate in good faith in the recruitment and selection process
  • Provide timely feedback on candidate submissions and interviews
  • Maintain confidentiality of Defitex's proprietary recruitment methods
  • Honor agreed-upon terms for candidate evaluation periods

Fees, Payment Terms, and Financial Obligations

Fee Structure

  • Placement fees are calculated as a percentage of the placed candidate's first-year compensation
  • Contract staffing fees include markup on hourly rates as specified in individual agreements
  • RPO fees are based on project scope and duration as outlined in separate statements of work
  • Additional services may incur separate charges as mutually agreed upon

Payment Terms

  • Placement fees are due within thirty (30) days of candidate start date
  • Contract staffing invoices are payable within fifteen (15) days of invoice date
  • Late payments incur interest at 1.5% per month or maximum allowable rate
  • All fees are exclusive of applicable taxes, which Client is responsible for

Refund and Guarantee Policy

  • Placement guarantees apply for ninety (90) days from candidate start date
  • Refunds are prorated based on actual days worked during guarantee period
  • No refunds for voluntary resignations or terminations for cause
  • Replacement candidates provided at no additional fee during guarantee period

Intellectual Property Rights

All intellectual property rights in our Services, including but not limited to proprietary methodologies, databases, software, trademarks, copyrights, and trade secrets, remain the exclusive property of Defitex.

Defitex Property

  • Proprietary recruitment methodologies and processes
  • Candidate databases and talent pools
  • Assessment tools and evaluation criteria
  • Marketing materials, website content, and branding elements
  • Software applications and technological platforms

Usage Restrictions

  • Clients may not reproduce, distribute, or create derivative works
  • No reverse engineering or attempts to access proprietary systems
  • Candidate information may not be used for purposes other than hiring
  • Defitex branding and materials require written permission for use

Confidentiality and Data Protection

Both parties acknowledge that they may have access to Confidential Information during the course of this relationship. Each party agrees to maintain strict confidentiality and implement appropriate safeguards.

Confidentiality Obligations

  • Maintain confidentiality of all proprietary business information
  • Implement reasonable security measures to protect confidential data
  • Limit access to confidential information on a need-to-know basis
  • Return or destroy confidential information upon request or termination

Data Protection Compliance

  • Comply with applicable data protection laws including GDPR and CCPA
  • Implement appropriate technical and organizational security measures
  • Notify of any data breaches within required timeframes
  • Respect individual privacy rights and data subject requests

Communications Compliance

Defitex Innovative Solutions LLC may communicate with users through email, SMS, telephone calls, and other electronic communications when express consent is provided. All communications comply with applicable regulations.

Regulatory Compliance Standards

  • All communications comply with applicable federal and state regulations including TCPA, CAN-SPAM Act, and telecommunications laws
  • Communications are sent only to recipients who have provided express consent through verified opt-in procedures
  • SMS communications utilize 10DLC infrastructure in compliance with CTIA guidelines and carrier requirements
  • Communication frequency is limited to legitimate business purposes with reasonable restrictions to prevent excessive contact
  • Standard messaging and data rates may apply; Company is not responsible for carrier charges

Consent Withdrawal and Opt-Out Procedures

  • You may withdraw consent for any communication method at any time by replying "STOP" to SMS, using unsubscribe links in emails, or contacting us directly
  • Alternative opt-out methods include contacting +1 305-575-1071 or submitting written requests to contact@defitex.us
  • For technical assistance, reply "HELP" to SMS messages or contact our support team at contact@defitex.us
  • Withdrawal of consent for one communication method does not affect other authorized communication channels or service provision
  • All opt-out requests are processed within ten (10) business days with confirmation provided

Communication Content and Purpose

  • Communications may include appointment confirmations, service updates, account notifications, and business-related information relevant to your engagement
  • Promotional or marketing content requires separate explicit consent and clear identification as such
  • All communication content is limited to legitimate business purposes arising from our established relationship
  • Communications maintain professional standards and are directly relevant to requested or provided services
  • Company reserves the right to suspend communication services for recipients who engage in abusive or inappropriate responses

Liability Limitations and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEFITEX'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO DEFITEX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Limitation of Liability

  • Defitex shall not be liable for indirect, incidental, or consequential damages
  • No liability for lost profits, business interruption, or data loss
  • Liability is limited to direct damages actually incurred
  • Some jurisdictions may not allow certain liability limitations

Service Disclaimers

  • Services are provided "as is" without warranties of any kind
  • No guarantee of specific placement outcomes or candidate performance
  • Defitex is not responsible for candidate actions post-placement
  • Market conditions may affect service delivery and outcomes

Indemnification

  • Client agrees to indemnify Defitex against claims arising from Client's breach
  • Indemnification includes legal fees and costs of defense
  • Defitex will provide prompt notice of any indemnifiable claims
  • Cooperation required in defense of indemnified claims

Termination and Survival

Termination Rights

  • Either party may terminate with thirty (30) days written notice
  • Immediate termination allowed for material breach or insolvency
  • Defitex may suspend services for non-payment after notice period
  • Termination does not affect accrued obligations or rights

Post-Termination Obligations

  • Payment obligations survive termination for services rendered
  • Confidentiality obligations continue indefinitely
  • Return of confidential information required within ten (10) days
  • Ongoing placements remain subject to original terms

Dispute Resolution and Governing Law

Governing Law

  • These Terms are governed by the laws of the State of Wyoming, USA
  • Federal laws of the United States apply where applicable
  • International clients subject to applicable local employment laws
  • Conflicts of law principles do not apply

Dispute Resolution Process

  • Good faith negotiation required before formal proceedings
  • Mediation through American Arbitration Association if negotiation fails
  • Binding arbitration in Sheridan, Wyoming for unresolved disputes
  • Class action waivers apply to the fullest extent permitted by law

Jurisdiction and Venue

  • Exclusive jurisdiction in state and federal courts of Wyoming
  • Venue limited to Sheridan County, Wyoming
  • Waiver of objections to personal jurisdiction and venue
  • Service of process accepted at registered business address

General Provisions

Modifications and Amendments

  • Terms may be modified with reasonable notice posted on website
  • Material changes require thirty (30) days advance notice
  • Continued use constitutes acceptance of modifications
  • Individual agreements may supersede general terms

Severability and Enforceability

  • Invalid provisions do not affect enforceability of remaining terms
  • Courts may modify unenforceable provisions to maximum extent allowed
  • Waiver of any provision requires written agreement
  • No waiver of future enforcement rights

Force Majeure

  • Neither party liable for delays due to circumstances beyond control
  • Includes natural disasters, government actions, and pandemics
  • Prompt notification required of force majeure events
  • Reasonable efforts required to mitigate impact

Questions About These Terms?

If you have any questions about these Terms of Service, please contact our legal team.

Contact Legal TeamPrivacy Policy

Email: contact@defitex.us | Phone: +1 305-575-1071

Defitex Innovative Solutions LLC

EIN: 37-2185545

30 N Gould St Ste R, Sheridan, WY 82801

Website: defitex.us