Terms of Use

Last Updated: January 2025

Welcome to DC Talent ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our marketplace platform and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using DC Talent, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

2. Description of Service

DC Talent is a marketplace platform that connects data center operators and employers ("Operators") with verified data center professionals and specialists ("Experts" or "Candidates"). Our Service facilitates:

Posting and browsing of assignment opportunities
Submission and review of proposals
Contract creation and management
Payment processing and escrow services
Communication between Operators and Experts

3. User Accounts

3.1 Account Registration

To use certain features of our Service, you must register for an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Maintain the security of your account credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use

3.2 Account Types

You may register as either an Operator or an Expert. You may not maintain multiple accounts or misrepresent your identity or qualifications.

4. User Conduct

You agree not to:

Violate any applicable laws or regulations
Infringe upon the rights of others
Post false, misleading, or fraudulent information
Impersonate any person or entity
Interfere with or disrupt the Service
Attempt to gain unauthorized access to the Service
Use the Service for any illegal or unauthorized purpose
Circumvent payment processing or fees
Harass, abuse, or harm other users

5. Marketplace Rules

5.1 For Operators

When posting assignments, you agree to:

Provide accurate job descriptions and requirements
Set fair and reasonable compensation
Respond to proposals in a timely manner
Fulfill payment obligations as agreed in contracts
Comply with all applicable employment and labor laws

5.2 For Experts

When using our Service, you agree to:

Provide accurate qualifications, certifications, and experience
Submit proposals only for assignments you are qualified to perform
Complete work according to contract terms and specifications
Maintain professional conduct and communication
Deliver work products that meet agreed-upon standards

6. Contracts and Work Agreements

When an Operator accepts a proposal, a contract is created between the Operator and Expert. You agree that:

Contracts are binding agreements between Operators and Experts
DC Talent facilitates but is not a party to these contracts
You are responsible for fulfilling your contractual obligations
Disputes between parties should be resolved directly or through our dispute resolution process
DC Talent may assist with dispute resolution but is not liable for contract performance

7. Payments and Fees

7.1 Platform Fees

DC Talent charges platform fees for transactions processed through our Service. Fees are disclosed before you complete a transaction. By using our payment processing, you agree to pay all applicable fees.

7.2 Escrow Services

We provide escrow services to secure payments. Funds are held in escrow until work is completed and approved. You agree to our escrow terms and payment processing policies.

7.3 Refunds

Refund policies are determined by individual contracts and applicable laws. DC Talent may facilitate refunds in accordance with our policies and applicable regulations.

8. Intellectual Property

8.1 Our Content

All content on the Service, including text, graphics, logos, and software, is the property of DC Talent or its licensors and is protected by copyright and other intellectual property laws.

8.2 User Content

You retain ownership of content you post on the Service. By posting content, you grant DC Talent a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content for the purpose of operating and promoting the Service.

8.3 Work Products

Ownership of work products is determined by the contract between Operator and Expert. DC Talent does not claim ownership of work products created through the Service.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service is provided "as is" without warranties of any kind.

9.2 User Verification

While we verify user credentials and qualifications, we do not guarantee the accuracy of user-provided information or the quality of work performed. You are responsible for evaluating Operators and Experts.

9.3 Limitation of Liability

To the maximum extent permitted by law, DC Talent shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

10. Indemnification

You agree to indemnify and hold harmless DC Talent, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another
Any content you post or transmit through the Service

11. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause or notice, for any reason including violation of these Terms. You may terminate your account at any time by contacting us.

12. Dispute Resolution

For disputes between Operators and Experts, we encourage direct communication. If disputes cannot be resolved, you may use our dispute resolution process. DC Talent may assist in resolving disputes but is not obligated to do so.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

15. Contact Information

If you have questions about these Terms, please contact us at:

DC Talent
Email: team@dctalent.ca
Website: www.dctalent.ca

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DC Talent regarding the use of the Service.