Terms & Conditions

1. Acceptance of These Terms

These Website Terms & Conditions (“Terms”) govern your access to and use of the Factum HR website (the “Website”).

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you should discontinue use of the Website.

These Terms govern only your use of the Website and any information made available through it.

Submitting an enquiry, requesting information, or communicating with Factum HR does not, by itself, create a client relationship or obligate Factum HR to provide services.

A client relationship is established only after Factum HR accepts an engagement in writing and the applicable commercial terms have been agreed between the parties.

Where a signed Service Agreement, accepted Proposal, Statement of Work, or other written commercial agreement exists, that agreement shall prevail over these Terms to the extent of any inconsistency relating to the relevant engagement.

2. About Factum HR

Factum HR LLC (“Factum HR”, “we”, “our”, or “us”) is an independent provider of Candidate Due Diligence services.

Factum HR delivers evidence-based professional verification services designed to support informed employment decisions. Our services are provided in accordance with the agreed scope of engagement and applicable legal and regulatory requirements.

Depending on the agreed scope of engagement, our services may include:

• Employment Verification
• Qualification Verification
• Professional Certification Verification
• Professional Reference Assessments
• Candidate Documentation Review
• Candidate Identity Review
• Candidate Information Consistency Assessment
• Candidate Due Diligence Reporting

Service availability may vary depending on jurisdiction, applicable law, candidate history, third-party cooperation, verification feasibility, and the agreed scope of engagement. Factum HR is an independent service provider and does not act as an employment agency, recruitment agency, legal adviser, immigration adviser, financial adviser, or government authority. Nothing on this Website constitutes legal, regulatory, immigration, financial, or employment advice.

3. Nature of Our Services

Factum HR provides independent, evidence-based Candidate Due Diligence services designed to assist organizations in making informed employment decisions.

Our role is to verify professional information, assess available evidence, and present documented findings within the agreed scope of engagement.

Unless expressly agreed in writing, Factum HR does not:

• Make hiring decisions
• Recommend whether a candidate should be hired, rejected, or promoted
• Provide legal, immigration, regulatory, or employment advice
• Guarantee employment outcomes
• Guarantee that all information can be independently verified
• Warrant the accuracy, completeness, or availability of information provided by third parties

Our reports are intended to support, and not replace, the independent judgment and decision-making responsibilities of our clients.

4. No Client Relationship

Accessing this Website, submitting an enquiry, downloading information, or communicating with Factum HR does not create a client, contractor, fiduciary, agency, or advisory relationship.

Factum HR reserves the right to accept or decline any enquiry or proposed engagement at its sole discretion.

No contractual relationship exists until the relevant commercial terms have been agreed and accepted in writing by both parties.

5. Client Responsibilities

Clients engaging Factum HR’s services are responsible for:

• Providing accurate, complete, and up-to-date information relevant to the requested engagement
• Ensuring they have the legal authority to provide Candidate information and supporting documentation to Factum HR
• Cooperating with reasonable requests for additional information or clarification where required to perform the agreed services
• Complying with all applicable laws, regulations, and contractual obligations relating to the sharing of Candidate information

Factum HR reserves the right to suspend or decline an engagement where insufficient information, documentation, or legal authority has been provided. Additional responsibilities relating to a specific engagement may be set out in the applicable Service Agreement, Proposal, Statement of Work, or other written commercial agreement.

6. Candidate Consent

Factum HR conducts Candidate Due Diligence services only where the necessary authorization or other lawful basis for processing personal information exists, as required by applicable law.

Where Candidate consent is required, no verification activities will commence until the appropriate authorization has been received and validated.

Factum HR reserves the right to suspend, delay, or terminate an engagement where the required authorization is not provided or is withdrawn before completion of the agreed services.

7. Candidate Due Diligence Reports

Factum HR’s Candidate Due Diligence Reports reflect the information and evidence reasonably available and capable of independent verification at the time the engagement is performed.

Reports may identify verification limitations where information cannot reasonably be confirmed due to factors including, but not limited to:

• Non-responsive third parties
• Unavailable or incomplete records
• Legal or regulatory restrictions
• Conflicting or inconsistent information
• Other circumstances beyond Factum HR’s reasonable control

Unless otherwise agreed in writing, Factum HR reports are prepared exclusively for the Client identified in the relevant engagement and may not be relied upon by any other person or organization. Our reports are intended to support informed employment decisions and should not be relied upon as the sole basis for any hiring, employment, contractual, or other business decision.

8. Confidentiality

Factum HR treats Client, Candidate, and engagement information as confidential and implements reasonable administrative, technical, and organizational measures to protect such information.

Information obtained during an engagement will be used solely for the purposes of performing the agreed services, complying with applicable legal obligations, or as otherwise authorized by the relevant parties.

Factum HR’s collection, use, storage, retention, and protection of personal information are governed by the Factum HR Privacy Policy.

Additional confidentiality obligations applicable to a specific engagement may be set out in the relevant Service Agreement, Non-Disclosure Agreement, or other written agreement between the parties.

9. Privacy

Factum HR is committed to protecting the privacy and security of personal information.

Our collection, use, disclosure, storage, retention, and protection of personal information are governed by the Factum HR Privacy Policy, which forms part of your use of this Website.

By using this Website, you acknowledge that you have read and understood our Privacy Policy.

Where these Terms conflict with the Privacy Policy regarding the processing of personal information, the Privacy Policy shall prevail.

10. Fees & Payment

Fees for Factum HR services are determined in accordance with the applicable Proposal, Quotation, Service Agreement, Statement of Work, or other written commercial agreement.

Unless otherwise agreed in writing, all fees, payment terms, invoicing arrangements, applicable taxes, and accepted payment methods will be specified in the relevant commercial documentation.

Failure to make payment in accordance with the agreed commercial terms may result in the suspension or termination of services, without prejudice to any other rights or remedies available to Factum HR.

11. Intellectual Property

All intellectual property rights in this Website and its contents, including but not limited to text, graphics, branding, logos, designs, methodologies, frameworks, templates, reports, software, databases, documents, and other materials, are owned by or licensed to Factum HR unless otherwise stated.

This includes, without limitation, the Factum Candidate Due Diligence Framework™, the Factum Risk Rating™, proprietary methodologies, reporting formats, and all associated documentation developed by Factum HR.

Subject to these Terms, visitors are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Website for lawful, personal, or internal business purposes only.

No part of the Website or its contents may be copied, reproduced, modified, distributed, published, transmitted, displayed, sold, licensed, reverse engineered, or otherwise exploited without the prior written consent of Factum HR, except where expressly permitted by applicable law.

Nothing in these Terms transfers ownership of any intellectual property rights to any visitor or client.

12. Third-Party Information

Factum HR’s Candidate Due Diligence services may involve obtaining information from third-party organizations, including employers, educational institutions, professional certification bodies, professional referees, public authorities, and other lawful information sources.

Factum HR does not control the accuracy, completeness, availability, or responsiveness of third-party information sources and cannot guarantee that all requested information will be available or capable of independent verification.

Factum HR shall not be responsible for delays, inaccuracies, omissions, verification limitations, or other outcomes arising from the acts, omissions, or responses of third parties beyond its reasonable control.

Where appropriate, any material verification limitations identified during an engagement will be disclosed within the relevant Candidate Due Diligence Report.

13. Website Availability

Factum HR makes reasonable efforts to maintain the availability and security of this Website.

However, we do not warrant that the Website will be available at all times or that access will be uninterrupted, secure, error-free, or free from viruses or other harmful components.

Factum HR reserves the right to modify, suspend, restrict, or discontinue any part of the Website at any time without prior notice where reasonably necessary for maintenance, security, operational, legal, or business purposes.

To the fullest extent permitted by applicable law, Factum HR shall not be liable for any loss or damage arising from the temporary unavailability or interruption of the Website.

14. Limitation of Liability

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, Factum HR’s total aggregate liability arising out of or in connection with these Terms, the Website, or any Candidate Due Diligence engagement shall not exceed the total fees actually paid to Factum HR for the specific engagement giving rise to the claim.

Factum HR shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive loss or damage, including, without limitation, loss of profits, revenue, business opportunities, goodwill, reputation, anticipated savings, or data, whether arising in contract, tort (including negligence), statute, or otherwise.

Factum HR shall not be responsible for any loss, damage, delay, or inaccuracy arising from:

• Decisions made by Clients based on Candidate Due Diligence Reports
• Information that could not reasonably be verified
• Information supplied by Candidates, Clients, referees, employers, educational institutions, certification bodies, public authorities, or other third parties
• Delays, omissions, or non-responsiveness of third-party information sources
• Circumstances beyond Factum HR’s reasonable control

Candidate Due Diligence Reports are prepared solely for the Client identified in the relevant engagement and for the agreed purpose of supporting employment-related decision-making. They should not be relied upon by any third party without the prior written consent of Factum HR.

15. Suspension & Termination

Factum HR reserves the right, at its sole discretion and without prior notice where reasonably necessary, to suspend, restrict, or terminate access to this Website or decline, suspend, or terminate any proposed engagement where:

• These Terms have been breached
• False, misleading, or fraudulent information has been provided
• Required information or documentation has not been supplied
• Applicable legal or regulatory requirements prevent the engagement from proceeding
• Factum HR reasonably believes that continuing the engagement may expose it to legal, regulatory, operational, or reputational risk

Termination or suspension shall not affect any rights or obligations that have accrued prior to the date of termination.

16. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.

Subject to any mandatory provisions of applicable law, the courts having jurisdiction over the Emirate in which Factum HR LLC is registered shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms or the use of this Website.

Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded under applicable law.

17. General Provisions

Severability

• If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

No Waiver

• Failure by Factum HR to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.

Entire Understanding

• These Terms govern the use of the Website together with the Factum HR Privacy Policy. Where a Client has entered into a separate Service Agreement, Proposal, Statement of Work, Non-Disclosure Agreement, Data Processing Agreement, or other written commercial agreement with Factum HR, those documents shall govern the relevant engagement and shall prevail over these Terms to the extent of any inconsistency.

Assignment

• Factum HR may assign or transfer its rights and obligations under these Terms where permitted by applicable law. Users may not assign or transfer their rights or obligations without Factum HR’s prior written consent.

18. Changes to These Terms

Factum HR may update these Terms from time to time to reflect changes in applicable law, business operations, services, technology, or Website functionality.

The “Last Updated” date at the beginning of these Terms indicates the date of the most recent revision.

Your continued use of the Website following the publication of updated Terms constitutes acceptance of those changes.

19. Contact Us

If you have any questions regarding these Terms & Conditions or the use of this Website, please contact Factum HR using the contact details available on our Contact Us page.

Where required, legal notices should be submitted using the contact details designated by Factum HR for legal correspondence.