1. Agreement to these Terms
These Terms of Service (the “Terms”) govern your access to and use of the services provided by NextDev, Inc., doing business as NextDCX (“NextDCX,” “we,” “us,” or “our”). By accessing our websites, sending us a requisition, engaging our sourcing services, or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Who we are
NextDCX sources and screens candidates for data center businesses and recruiting partners. Clients share their hiring requirements, and we search the market, screen candidates, and introduce them to the hiring team or recruiting partner. This is referred to as the “Sourcing Service” or the “Services.”
3. The Sourcing Service
For hiring companies and recruiting partners
- We source, screen, and present candidates based on the requirements you provide. Presentation of a candidate is not a representation or warranty as to that candidate's suitability, and all hiring decisions are made solely by you.
- Placement fees, guarantees, and other commercial terms are governed by a separate written agreement between you and NextDCX; in the event of a conflict, that agreement controls as to those matters.
- You are solely responsible for compliance with all laws applicable to your hiring and employment practices, including equal-opportunity, anti-discrimination, immigration, and wage-and-hour laws.
For candidates
- Participation is voluntary and free. You represent that the information you provide is accurate and that you have the right to share it.
- By participating, you authorize NextDCX to present your profile, résumé, and screening notes to hiring companies or recruiting partners in connection with placement opportunities. Where a recruiting partner is involved, that partner may present them to its hiring client.
- We do not guarantee interviews, offers, or placement. Any employment relationship is solely between you and the hiring company.
4. Acceptable use
You agree not to: (a) use the Services in violation of any applicable law; (b) access, probe, or interfere with the Services in a manner intended to disrupt their operation, including rate-limit abuse, denial-of-service, or high-volume scraping; (c) attempt to gain unauthorized access to any system or data; or (d) misrepresent your identity or your affiliation with any person or entity.
5. Intellectual property
All content comprising the Services — including site copy, design, brand, methodology prose, and score displays — is owned by NextDev, Inc. except where otherwise indicated. Third-party names, logos, and trademarks (including those of partner firms and employer clients) belong to their respective owners and are used only to identify the relevant entity.
6. No professional advice
The Services are provided for informational and operational purposes and do not constitute legal, employment, financial, or other professional advice. Presenting a candidate is not a recommendation, endorsement, or guarantee of fitness for any role. You are responsible for your own hiring and business decisions.
7. Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that any candidate will meet your expectations.
8. Limitation of liability
To the maximum extent permitted by law, NextDev, Inc. and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business, arising out of or relating to your use of the Services, even if advised of the possibility of such damages. Except as set out in a separate written agreement, our aggregate liability for any direct damages shall not exceed USD 100 or the amount you paid us in the twelve months preceding the claim, whichever is greater.
9. Indemnification
You agree to defend, indemnify, and hold harmless NextDCX from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
10. Modifications to the Services and Terms
We may modify or discontinue any part of the Services at any time. We may also update these Terms; material changes will be reflected by the “Last updated” date above and, where appropriate, additional notice. Your continued use of the Services after a change constitutes acceptance of the revised Terms.
11. Termination
We may suspend or terminate your access to the Services at any time for breach of these Terms or to protect the integrity, security, or lawful operation of the Services.
12. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
NextDev, Inc. dba NextDCX — a Delaware corporation.