Terms & Conditions | Kanishk Consultancy Services

1. Acceptance of Terms & Intermediary Legal Status

These Terms & Conditions ("Terms", "Agreement") constitute an enforceable, legally binding electronic contract entered into between you (whether as a job seeker, candidate, enterprise client, corporate trainee, or general visitor, hereinafter referred to as "User", "You", or "Your") and Kanishk Consultancy Services ("KCS", "Firm", "We", "Us", or "Our"), having its principal place of business at Flat No. - 305, SV Sai Sreenivasam Apartment, Balanagar Main Road, Moosapet, Hyderabad, Telangana - 500018, India.

This electronic agreement is generated in compliance with the Information Technology Act, 2000 and rules thereunder. Accessing, browsing, registering on, or utilizing any feature of this website (https://kanishkconsultancy.com) constitutes your unreserved, affirmative acceptance of these Terms. If you do not accept these Terms in their entirety, you are strictly prohibited from accessing our portals, registering talent profiles, or engaging our consulting services.

Intermediary Safe Harbor: Users expressly acknowledge that KCS operates as an "Intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000. In accordance with Section 79 of the IT Act, KCS shall not be liable for any third-party information, job vacancy descriptions, candidate credentials, or communication links made available through our portals.

2. User Eligibility & Portal Access

By accessing our portals, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity, authority, and power to enter into this Agreement under the Indian Contract Act, 1872. If you are entering into this Agreement on behalf of a corporate entity, you warrant that you are an authorized representative empowered to legally bind said organization.

3. Candidate Representations, Warranties & Resume Authenticity

Strict Candidate Warranty: By uploading a resume, submitting candidate data, or interviewing through KCS referrals, the Candidate warrants and certifies under penalty of law that all personal, educational, professional, and financial information provided is genuine, accurate, authentic, and verifiable.

The Candidate unconditionally agrees and represents that:

All educational degrees, marks, certificates, roll numbers, and board/university accreditations are valid and issued by recognized institutions.
Employment history, job titles, tenure dates, reporting managers, and reasons for leaving prior employers are truthful and not exaggerated or fabricated.
Disclosed current compensation (CTC), payslips, Form 16s, and relieving letters are authentic and free from forgery.
The Candidate is not subject to non-compete restrictions, non-solicitation covenants, criminal investigations, or pending disciplinary actions that would legally impair their ability to take up prospective corporate employment.

Indemnity for Candidate Misrepresentation: Any candidate discovered to have submitted falsified degrees, counterfeit relieving letters, or fraudulent experience certificates will be immediately blacklisted across all KCS enterprise client networks. The Candidate agrees to indemnify KCS against any legal claims, client damages, or reputational injury resulting from such fraudulent submissions.

4. Absolute Non-Guarantee of Employment & Interview Placement

CRITICAL DISCLAIMER — NO GUARANTEE OF JOB OR SELECTION: Kanishk Consultancy Services is a recruitment facilitation and consulting intermediary. KCS DOES NOT GUARANTEE, PROMISE, OR WARRANT that registration, resume submission, or interview attendance will result in a job offer, employment placement, minimum compensation package, or career advancement.

Users acknowledge that the final authority to shortlist, interview, evaluate, select, issue offer letters to, or reject any candidate rests solely, exclusively, and unilaterally with the prospective corporate employer. KCS exercises no decision-making power regarding hiring determinations, internal client compensation bands, workplace policies, or employment termination decisions.

KCS disclaims all liability for:

Failure of any corporate client to review a submitted resume or provide post-interview feedback.
Sudden cancellation, freezing, or restructuring of open job vacancies by corporate clients.
Withdrawal or rescission of formal offer letters by hiring organizations due to economic conditions, client internal restructuring, or failed background verifications.
Disputes regarding post-joining working conditions, salary disbursements, probation evaluations, or employment terminations between the candidate and the employer.

5. Zero-Fee Candidate Policy & Cyber Recruitment Scam Defense

OFFICIAL ANTI-FRAUD STATUTORY NOTICE: KANISHK CONSULTANCY SERVICES ADHERES TO A STRICT ZERO-FEE POLICY FOR JOB SEEKERS. WE NEVER DEMAND, SOLICIT, OR ACCEPT ANY REGISTRATION FEES, SECURITY DEPOSITS, INTERVIEW FEES, LAPTOP DEPOSITS, OR PROCESSING CHARGES FROM CANDIDATES AT ANY STAGE OF THE RECRUITMENT PROCESS.

Recruitment consulting fees are paid exclusively by corporate enterprise clients under formal institutional commercial contracts.

Disclaimer of Liability for Impersonation Scams: KCS accepts zero legal, financial, or compensatory liability for any monetary losses or damages incurred by candidates who fall victim to unauthorized third parties, fraudulent individuals, or criminal syndicates falsely claiming to represent KCS via unofficial Telegram channels, fake WhatsApp numbers, suspicious Gmail/Yahoo accounts, or counterfeit job offer letters. Candidates are cautioned to verify all correspondence directly through official channels (`@kanishkconsultancy.com` or `+91 99085 55881`).

6. Corporate Client & Employer Covenants

Organizations engaging KCS for executive search, talent mapping, contract staffing, or recruitment advisory agree to the following master terms:

Bona Fide Requisitions: Clients warrant that all staffing requisitions submitted to KCS represent legitimate, budgeted, non-discriminatory, and lawful employment openings.
Non-Circumvention & Candidate Ownership: Any candidate profile or resume introduced to a client by KCS remains the proprietary referral of KCS for a minimum period of twelve (12) consecutive months from the date of submission. If the client, its subsidiaries, or affiliates hire the introduced candidate in any capacity within this window, the agreed commercial placement fee becomes immediately due and payable.
Statutory Labor Compliance: For contract staffing and outsourced manpower deployments, the client agrees to provide a safe workplace compliant with all applicable labor enactments, occupational health standards, and statutory wage guidelines.

7. Corporate Training & Upskilling Terms

KCS provides technical upskilling, corporate domain workshops, and employability training modules. Users and corporate sponsors acknowledge that:

Course curricula, practical case studies, and mentorship are provided for knowledge enhancement and industry readiness.
Completion of a training program does not confer a recognized university academic degree, nor does it guarantee employment or promotions unless explicitly stipulated in a signed enterprise corporate contract.
All training pedagogical materials, slides, code repositories, and manuals are proprietary intellectual property of KCS and may not be distributed or recorded without prior written consent.

8. Intellectual Property Rights

All materials, website architecture, visual designs, graphic assets, typography, source code, logos, trademarks, and compilations appearing on this website are the sole and exclusive intellectual property of Kanishk Consultancy Services, protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and international IP conventions.

Users are granted a limited, revocable, non-exclusive, non-transferable license to view and download content solely for personal, non-commercial recruitment search purposes. Any unauthorized reproduction, framing, scraping, deep-linking, reverse engineering, or commercial exploitation is strictly prohibited and subject to civil and criminal prosecution.

9. Prohibited User Conduct

Users agree not to engage in any of the following unlawful or prohibited activities:

Deploying automated crawlers, bots, scrapers, or spidering mechanisms to extract candidate or job listing databases.
Submitting virus-infected files, trojans, malicious code, or corrupted resumes to KCS servers or intake forms.
Misrepresenting identity, impersonating another person, or providing fraudulent reference credentials.
Circumventing platform security protocols, vulnerability scanning without authorization, or interfering with server operations.
Using contact details extracted from KCS portals to send unsolicited commercial marketing, spam, or harassment to recruiters or clients.

10. Limitation of Liability

STATUTORY LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, IN NO EVENT SHALL KANISHK CONSULTANCY SERVICES, ITS DIRECTORS, OFFICERS, CONSULTANTS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF EMPLOYMENT OPPORTUNITIES, LOSS OF WAGES, LOSS OF BUSINESS PROFITS, LOSS OF REPUTATION, DATA LOSS, OR EXPENSES INCURRED IN INTERVIEW TRAVEL) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR OUR SERVICES.

Notwithstanding anything to the contrary, KCS's total aggregate liability arising out of contract, tort (including negligence), statutory warranty, or otherwise shall be strictly capped at the lesser of: (i) the total consulting fees actually received by KCS from the claimant in the three (3) months preceding the cause of action, or (ii) One Thousand Indian Rupees (INR 1,000/-).

11. Comprehensive Indemnification

You agree to defend, indemnify, and hold harmless Kanishk Consultancy Services, its managing partners, directors, recruiters, agents, and licensors from and against any and all claims, statutory penalties, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your breach or violation of any provision of these Terms & Conditions.
Any falsification, misrepresentation, or omission contained in your submitted resume or credentials.
Your infringement or violation of any third-party right, including intellectual property, privacy, or contractual rights.
Your unlawful conduct or disputes with any third-party employer, client, or candidate.

12. Governing Law, Mandatory Arbitration & Exclusive Jurisdiction

Governing Law: This Agreement and any disputes arising out of or related to our services shall be governed exclusively by and construed in accordance with the substantive laws of the Republic of India, without giving effect to any conflict of law principles.

Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, shall be referred to and finally resolved by binding arbitration administered under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator appointed mutually by KCS and the claimant. The seat and venue of arbitration shall be Hyderabad, Telangana, India. The language of arbitration shall be English.

Exclusive Court Jurisdiction: Subject to the mandatory arbitration clause, the competent civil courts situated exclusively in Hyderabad, Telangana, India shall possess sole, exclusive territorial jurisdiction over any legal proceedings, injunctive relief applications, or enforcement actions.