Terms of Service

Last Updated: January 1, 2025

1. Acceptance of Terms

By accessing or using the Ever Kynd Agency website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you should not use our website or services. We reserve the right to modify these terms at any time, and your continued use of our services following any changes constitutes acceptance of those changes.

2. Description of Services

Ever Kynd Agency provides staffing, recruiting, and educational consulting services for the child care industry. We connect qualified early childhood education professionals with preschools, day care centers, kindergartens, and other child care facilities. Our services include candidate sourcing, screening, credential verification, placement coordination, and ongoing staffing support. The availability and scope of our services may change without notice.

3. User Responsibilities

You agree to provide accurate, current, and complete information when using our services, whether as a job seeker or an employer. Job seekers are responsible for the accuracy of their qualifications, certifications, employment history, and references. Employers are responsible for providing truthful descriptions of job requirements, workplace conditions, and compensation. You agree not to use our services for any unlawful purpose or in any way that could damage, disable, or impair the operation of our website.

4. Staffing and Placement

Ever Kynd Agency acts as an intermediary between job seekers and employers. While we take reasonable steps to screen and verify candidates, we do not guarantee the suitability, performance, or conduct of any candidate placed through our services. Employers are responsible for conducting their own due diligence, including any additional background checks or reference verifications they deem necessary. Employment decisions remain solely at the discretion of the hiring employer.

5. Fees and Payment

Fees for our staffing services are outlined in individual service agreements between Ever Kynd Agency and the employer. Payment terms, rates, and any applicable charges will be specified in writing prior to the commencement of services. Failure to make timely payments may result in suspension or termination of services. Job seekers are not charged fees for placement through our agency.

6. Intellectual Property

All content on the Ever Kynd Agency website, including text, graphics, logos, images, and software, is the property of Ever Kynd Agency or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

7. Limitation of Liability

To the fullest extent permitted by law, Ever Kynd Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services or website. Our total liability for any claim arising from these terms or our services shall not exceed the fees paid by you to Ever Kynd Agency during the twelve months preceding the claim. We provide our services on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

8. Indemnification

You agree to indemnify, defend, and hold harmless Ever Kynd Agency, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of our services, your violation of these terms, or your violation of any rights of a third party.

9. Termination

We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease. Any provisions of these terms that by their nature should survive termination shall continue to apply, including but not limited to intellectual property provisions, limitation of liability, and indemnification.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these terms shall be resolved in the courts located within the State of New York, and you consent to the personal jurisdiction of such courts.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at Ever Kynd Agency, email: info@everkyndagency.com. We are here to assist you and ensure a clear understanding of the terms governing our services.