Terms of Service

Effective Date: January 1, 2025 | Last Updated: March 2025

1. Introduction

These Terms of Service (“Agreement” or “Terms”) govern your access to and use of the website located at www.latamcent.com and all related services provided by eCommerceCosmos Corp, a Florida corporation doing business as LatamCent (“LatamCent,” “Company,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree, you must immediately cease all use of the Services.

LatamCent is a nearshore talent sourcing, recruitment, and staffing company that connects U.S.-based businesses, including B2B SaaS companies, startups, and enterprises, with qualified professionals located in Latin America. Our services span technology, finance, sales, marketing, and related professional disciplines.

2. Definitions

For purposes of this Agreement, the following terms have the meanings set forth below:

“Client” means any business or individual that engages LatamCent to source, recruit, or place candidates.
“Candidate” means any individual who applies for employment or is identified by LatamCent for potential placement with a Client.
“Services” means LatamCent’s talent sourcing, recruitment, staffing, and talent management services, as well as access to its website, platform, and related content.
“Placement” means the engagement, hiring, or contracting of a Candidate by a Client, whether on a full-time, part-time, contract, or other basis.
“User” means any person who accesses or uses the website or Services, including Clients and Candidates.

3. Acceptance of Terms

By accessing the Services, you represent and warrant that: (a) you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater; (b) you have the legal authority and capacity to enter into this Agreement; (c) if you are entering into this Agreement on behalf of a business entity, you are duly authorized to bind that entity; and (d) your use of the Services is and will remain in compliance with all applicable laws and regulations.

4. Description of Services

4.1 Talent Sourcing and Recruitment

LatamCent provides talent identification, sourcing, screening, and recruitment services to help Clients build remote or nearshore teams with professionals based in Latin America. LatamCent conducts outreach to prospective candidates, evaluates professional qualifications, and presents qualified candidate profiles to Clients for their review and consideration.

4.2 Talent Management and Staffing

LatamCent may provide ongoing talent management services, including payroll support, compliance assistance, and employee coordination, in connection with Placements made through the platform. The scope of such services will be defined in a separate written agreement between LatamCent and the Client.

4.3 Website and Platform Access

LatamCent provides access to its website and online platform for informational and operational purposes, including the submission of hiring inquiries, access to candidate profiles, and communication with LatamCent personnel. LatamCent reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to any obligations set forth in a separate client services agreement.

5. Client Obligations

Clients agree to:

Provide accurate, complete, and timely information regarding their hiring needs, job requirements, and organizational context.
Review candidate profiles and provide feedback within a reasonable timeframe to facilitate the recruitment process.
Conduct all hiring decisions, interviews, and final offers in compliance with applicable employment laws, including anti-discrimination laws, in the relevant jurisdiction(s).
Promptly notify LatamCent of any Placement made with a Candidate introduced by LatamCent, whether directly or indirectly.
Pay all fees due to LatamCent in accordance with the applicable fee schedule or client services agreement.
Maintain the confidentiality of candidate profiles and personal information shared by LatamCent and use such information solely for the purpose of evaluating candidates for employment.

6. Candidate Obligations

Candidates who submit their information to LatamCent or engage with LatamCent’s recruitment process agree to:

Provide accurate, truthful, and complete information regarding their professional background, qualifications, skills, and experience.
Promptly notify LatamCent of any material changes to their professional status, availability, or contact information.
Engage professionally and in good faith throughout any interview or assessment process.
Not misrepresent credentials, certifications, employment history, or any other information material to a prospective Placement.

7. Fees and Payment

7.1 Client Fees

Fees for recruitment and staffing services are governed by the applicable client services agreement entered into between LatamCent and the Client. In the absence of a signed agreement, any fee schedule communicated to the Client in writing shall apply. Fees are due and payable as specified therein.

7.2 Placement Fees and Guarantee

Unless otherwise stated in a written agreement, placement fees become due upon a Candidate’s acceptance of an offer of employment or engagement from the Client. Any applicable guarantee periods or replacement provisions will be set forth in the client services agreement. Fees are non-refundable except as expressly provided in a written agreement.

7.3 Prohibited Circumvention

Clients agree not to circumvent LatamCent’s fees by hiring, engaging, or contracting any Candidate introduced by LatamCent outside of the LatamCent platform or without disclosing such engagement to LatamCent. A Candidate is considered “introduced” upon the Client’s receipt of that Candidate’s profile or contact information, howsoever communicated. The obligation to pay applicable fees survives any termination of this Agreement.

8. Intellectual Property

All content on the LatamCent website and platform, including text, graphics, logos, data compilations, software, and candidate-facing materials, is the exclusive property of eCommerceCosmos Corp or its licensors and is protected by applicable intellectual property laws. Nothing in this Agreement transfers any ownership interest in such content to any User.

Users are granted a limited, non-exclusive, revocable license to access and use the Services for their intended purposes. Any unauthorized reproduction, distribution, scraping, data harvesting, or other use of the platform’s content is strictly prohibited.

9. Privacy and Data Protection

LatamCent’s collection, use, disclosure, and safeguarding of personal data is governed by its Privacy Policy, available at www.latamcent.com/privacy-policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the data practices described in the Privacy Policy.

LatamCent does not sell personal data as that term is defined under applicable privacy laws, including the Florida Digital Bill of Rights and other applicable state and federal statutes. Personal data shared by Clients regarding prospective candidates is processed solely for the purpose of fulfilling LatamCent’s recruitment services.

10. Confidentiality

Each party acknowledges that it may receive confidential or proprietary information belonging to the other party in connection with the Services (“Confidential Information”). Each party agrees to: (a) maintain the confidentiality of the other party’s Confidential Information; (b) not disclose such information to any third party without the prior written consent of the disclosing party; and (c) use such information solely for the purposes contemplated by this Agreement.

This obligation of confidentiality does not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party without use of the Confidential Information; or (iv) is required to be disclosed by law, regulation, or court order, provided that the receiving party provides prompt written notice to the disclosing party to the extent permitted by law.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LATAMCENT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LatamCent does not warrant that: (a) any Candidate will be successfully placed, remain employed, or meet any particular performance standard; (b) any information provided about Candidates is complete, accurate, or current; or (c) the Services will be uninterrupted, error-free, or free of viruses or other harmful components. Clients are solely responsible for independently verifying Candidate qualifications before making any hiring decision.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LATAMCENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LATAMCENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LATAMCENT’S TOTAL CUMULATIVE LIABILITY TO ANY CLIENT OR USER FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL FEES ACTUALLY PAID BY THAT CLIENT TO LATAMCENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless LatamCent and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of this Agreement; (b) your violation of any applicable law or third-party right; (c) any hiring decision you make in connection with a Candidate introduced by LatamCent; or (d) any fraudulent, negligent, or willful misconduct on your part.

14. Term and Termination

This Agreement is effective upon your first access to the Services and remains in effect until terminated. Either party may terminate this Agreement upon written notice to the other party. Termination does not affect any accrued rights or obligations, including any outstanding payment obligations or pending Placements.

Sections 7 (Fees and Payment), 8 (Intellectual Property), 9 (Privacy), 10 (Confidentiality), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law) shall survive any termination or expiration of this Agreement.

15. Modifications to This Agreement

LatamCent reserves the right to modify this Agreement at any time. When material changes are made, LatamCent will update the “Last Updated” date above and, where practicable, provide notice by email or a prominent posting on the website. Your continued use of the Services following the effective date of any amendment constitutes your acceptance of the revised Terms. It is your responsibility to review this Agreement periodically.

16. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles, consistent with the governing law provision of LatamCent’s Privacy Policy.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall first be submitted to non-binding mediation in Miami-Dade County, Florida, before either party may initiate litigation. If mediation does not resolve the dispute within thirty (30) days of the commencement of mediation (or such longer period as the parties may agree), either party may pursue its available legal remedies in the state or federal courts of competent jurisdiction located in Miami-Dade County, Florida, and both parties hereby consent to the exclusive jurisdiction and venue of such courts.

EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17. General Provisions

17.1 Entire Agreement

This Agreement, together with LatamCent’s Privacy Policy and any separate written client services agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations, and agreements, whether written or oral.

17.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

No failure or delay by LatamCent in exercising any right under this Agreement shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of LatamCent.

17.4 Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of LatamCent. LatamCent may assign this Agreement or any of its rights hereunder without your consent in connection with a merger, acquisition, or sale of substantially all of its assets.

17.5 No Agency

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency between LatamCent and any User or Client. LatamCent acts as an independent contractor in providing the Services.

17.6 Force Majeure

LatamCent shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay results from causes beyond its reasonable control, including acts of God, natural disasters, governmental actions, labor disputes, or disruptions to internet infrastructure.

18. Contact Information

Questions, requests, or concerns regarding these Terms may be directed to:

eCommerceCosmos Corp d/b/a LatamCent

350 Lincoln Road, Suite #303

Miami Beach, FL 33139

Email: info@latamcent.com

Website: www.latamcent.com

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.