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Terms OF Service

These Terms of Service (the “Terms”) govern access to and use of the website at www.wind-hr.com (the “Site”) and the services provided by WIND HR (the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

Defined Terms

  • “WIND HR,” “we,” “us,” “our”: WIND HR, a Delaware company, with affiliated operations in WIND HONDURAS S. de R.L. (Honduras) and operations in Mexico City.
  • “Site”: www.wind-hr.com and any subdomains.
  • “Services”: Recruitment, consulting, Employer of Record (EOR) / freelancer contract management, training, and related offerings (online or offline).
  • “User”: Any visitor to the Site or user of the Services.
  • “Client”: Any person or entity engaging WIND HR for Services.
  • “Candidate”: Any individual applying for or considered for a role through WIND HR.
  • “Content”: Materials, data, text, images, software, and other information provided on or through the Site.
  • Eligibility

    You must be 18 years or older (or the age of majority in your jurisdiction, if higher) to use the Site or Services.

    Services & No Guarantee of Placement

    We provide recruitment and related Services and, where elected, EOR/freelancer contract management. We use reasonable efforts to keep Site information accurate and current, but it may be incomplete or unavailable at times. Applying for or being presented for a role does not guarantee interviews, offers, or employment.


    Unless expressly agreed under an EOR arrangement, WIND HR is not the employer of any Candidate you may engage.

    Acceptable Use

    You agree not to:

    • use the Site or Services for unlawful purposes;
    • attempt to gain unauthorized access to any system or data;
    • interfere with or disrupt the Site or Services;
    • upload/transmit malware, spam, or harmful content;
    • misrepresent your identity or affiliation;
    • scrape, crawl, or use automated means not expressly permitted by us in writing.

    Accounts, Security & Communications

    You are responsible for the accuracy of your information, the confidentiality of your credentials, and all activity under your account. You consent to transactional and operational communications related to the Services. You may opt out of marketing messages at any time.

    Fees & Payment

    Fees and specific commercial terms are defined in an order form or statement of work (SOW). Invoices are typically issued via Zoho Books with standard NET 7–15 terms unless otherwise agreed. You agree to pay all undisputed amounts when due. Late amounts may incur a reasonable late fee and collection costs.

    Intellectual Property

    The Site, Services, and all Content are owned by WIND HR or its licensors and protected by intellectual-property laws. Except as expressly permitted in writing, you may not copy, reproduce, modify, distribute, display, perform, or create derivative works from any Content.

    Feedback

    If you provide feedback, ideas, or suggestions, you grant WIND HR a nonexclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use and exploit that feedback without restriction.

    Candidate/Client Data & Confidentiality

    We may receive or generate information that is confidential to Clients or Candidates. We handle such information consistent with our Privacy Policy and applicable agreements. You agree not to disclose confidential information obtained through the Site or Services.

    Third-Party Links & Services

    The Site may link to or integrate third-party websites and services. We are not responsible for their content, policies, or practices. Your use of third-party sites or services is at your own risk and may be governed by separate terms.

    Compliance
    (Anti-Discrimination, Sanctions, Export)

    You agree to use the Services lawfully, including compliance with anti-discrimination, labor, export-control, and sanctions laws. You remain solely responsible for your hiring decisions and workplace compliance, except where WIND HR is the employer under an EOR contract.

    Disclaimers
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

    Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIND HR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    TO THE EXTENT ANY LIABILITY IS NOT EXCLUDABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES IS LIMITED TO THE GREATER OF (A) US$100 OR (B) THE FEES YOU PAID TO WIND HR IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

    Indemnification

    You agree to defend, indemnify, and hold harmless WIND HR and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Site or Services; (b) your breach of these Terms; or (c) your violation of law or third-party rights.

    Termination

    We may suspend or terminate access to the Site or Services at any time, with or without notice, for any reason or no reason. Upon termination, Sections 7–18 survive.

    Non-Solicitation (Optional for SOWs)

    During any active engagement and for 12 months thereafter, neither party will solicit the other party’s employees to leave employment (excluding general public job ads). If your template requires this clause, it may be incorporated into the SOW.

    Changes to the Terms

    We may update these Terms from time to time. The updated version will be posted on this page with a new Effective Date. Your continued use after changes take effect constitutes acceptance.

    Governing Law & Venue

    These Terms and any dispute or claim arising out of them or the Site/Services are governed exclusively by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. You consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection to such forum, including forum non conveniens.

    Miscellaneous
    • Entire Agreement. These Terms, together with any order form/SOW and policies referenced by link (e.g., Privacy Policy), are the entire agreement between you and WIND HR regarding the Site and Services.
    • Severability. If any provision is unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect.
    • Assignment. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
    • Force Majeure. Neither party is liable for delays or failures due to events beyond reasonable control.
    • Electronic Communications & E-Signatures. You consent to receive notices electronically and agree that electronic agreements/signatures have the same effect as originals.

    WIND HR
    8 The Green #7182
    Dover, DE 19901, USA
    support@wind-hr.com