Legal

Terms of Service

Last updated · May 15, 2026

Effective date · May 15, 2026

These Terms of Service (the “Terms”) govern your access to and use of the website located at https://www.execpres.com (the “Site”) and the services offered through it (collectively, the “Services”), which are provided by Nyxiom Inc., a corporation organized under the laws of Canada (“Company”, “we”, “us”, or “our”).

By creating an account, accessing the Site, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Definitions

  • “Agency” means a staffing, placement, or recruitment agency that uses the Services to offer Personnel to Clients.
  • “Client” means any business, organization, or individual that uses the Services to engage Personnel through an Agency.
  • “Personnel” means receptionists, secretaries, administrative assistants, and similar professionals listed, profiled, or placed through the Services by an Agency.
  • “User” means any person who accesses the Services, including Agencies, Clients, and authorized representatives of either.
  • “Placement” means any engagement, assignment, hire, or contract for services between a Client and Personnel that is facilitated, in whole or in part, through the Services.
  • “Content” means any text, profiles, resumes, photographs, listings, ratings, reviews, messages, files, or other material submitted to or made available through the Services.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts on behalf of yourself and any entity you represent. By using the Services, you represent and warrant that you meet these requirements.

2.2 Registration

To use most features, you must create an account and provide accurate, current, and complete information. You agree to keep your account information up to date.

2.3 Account Security

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access or suspected security breach. We are not liable for any loss or damage arising from your failure to protect your credentials.

2.4 One Account per Entity

Each Agency or Client may maintain only one active account unless we expressly authorize otherwise in writing.

3. Description of the Services

The Services provide an online platform that allows Agencies to list, market, and manage Personnel; allows Clients to search, contact, and engage Personnel through Agencies; and supports related communications, scheduling, contracting, and (where applicable) payment processing.

The Company is not an employer, employment agency, or staffing agency. Unless we expressly state otherwise in writing, we do not employ Personnel, do not control the work performed by Personnel, and are not a party to any agreement between an Agency, a Client, and/or Personnel. We provide a technology platform; the Agency is the employer or contracting party of its Personnel.

4. Agency Obligations

Each Agency represents, warrants, and agrees that:

  • It is duly licensed, registered, and authorized to operate as a staffing or placement agency in every jurisdiction in which it offers Personnel through the Services, and it holds all permits, insurance, and bonds required by law.
  • It complies with all applicable employment, labor, tax, immigration, anti-discrimination, occupational health and safety, and data protection laws with respect to its Personnel.
  • It has obtained all necessary rights, consents, and authorizations from each individual whose information, profile, photograph, or other personal data it submits to the Services.
  • All Personnel listed are real persons who have agreed to be represented by the Agency and to be considered for engagements through the Services.
  • It will accurately describe Personnel’s qualifications, experience, certifications, languages, rates, and availability, and will promptly update or remove inaccurate listings.
  • It is responsible for verifying Personnel’s identity, work eligibility, references, and any required background checks, and for paying Personnel’s wages, taxes, benefits, and any social-security or equivalent contributions.
  • It will not engage in unlawful discrimination, harassment, or retaliation in its placement decisions.

5. Client Obligations

Each Client represents, warrants, and agrees that:

  • It will use the Services only to engage Personnel for lawful purposes related to receptionist, secretarial, or administrative work.
  • It will provide a safe working environment for Personnel in accordance with all applicable laws.
  • It will pay all fees, charges, and amounts due to Agencies and to the Company in accordance with the applicable agreements and these Terms.
  • It will not require Personnel to perform tasks materially different from those agreed with the Agency without the Agency’s consent.
  • It will not use the Services or the information obtained through them to discriminate, harass, or retaliate against any individual.

6. Prohibited Conduct

You agree not to, and not to permit any third party to:

  • Use the Services to solicit, advertise, or facilitate services other than legitimate receptionist, secretarial, or administrative staffing.
  • Circumvent or attempt to circumvent any fees by contacting Personnel or Agencies off-platform with the purpose of avoiding our Service Fees during the Non-Circumvention Period defined in Section 8.
  • Misrepresent your identity, qualifications, affiliation, or authority.
  • Post or transmit Content that is false, misleading, defamatory, obscene, discriminatory, infringing, or otherwise unlawful.
  • Scrape, harvest, copy, or otherwise extract data from the Services except through interfaces and methods we expressly permit.
  • Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services, our systems, or other Users’ accounts.
  • Use the Services to send spam, chain communications, or other unsolicited messages.
  • Use the Services to engage minors or to offer adult, escort, companionship, or any non-administrative services.

We may investigate and take appropriate action, including suspending or terminating accounts, removing Content, and reporting conduct to law enforcement.

7. Listings, Profiles, and Content

7.1 Responsibility for Content

Agencies and Clients are solely responsible for the Content they submit. We do not endorse, verify, or guarantee the accuracy of any Content, including Personnel profiles, qualifications, ratings, or reviews.

7.2 License to Company

You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt (for technical purposes such as formatting), and distribute your Content solely for the purpose of operating, providing, promoting, and improving the Services. This license terminates when you remove your Content, except to the extent reasonably necessary for backups, legal compliance, or pre-existing distributions to other Users.

7.3 Removal

We may, but are not obligated to, review Content and may remove or restrict access to any Content that we believe violates these Terms or applicable law.

8. Fees, Payments, and Non-Circumvention

8.1 Service Fees

We may charge subscription fees, placement fees, commission fees, transaction fees, or other charges (collectively, “Service Fees”) as described on the Site or in a separate written agreement. All Service Fees are non-refundable except as expressly stated or as required by applicable law.

8.2 Payments Between Users

Except where we expressly act as a payment facilitator, payments between Clients and Agencies (including wages payable to Personnel) are the responsibility of the parties to the relevant Placement.

8.3 Taxes

Each User is responsible for determining and paying all taxes (including VAT, GST, sales tax, withholding tax, and employment-related taxes) applicable to its use of the Services and to its Placements.

8.4 Non-Circumvention

For a period of [INSERT NUMBER, e.g., 12] months after a Client and an Agency are first introduced through the Services (the “Non-Circumvention Period”), the Client and Agency agree to transact all Placements through the Services and to pay any applicable Service Fees. Attempting to bypass the Services to avoid Service Fees during this period is a material breach of these Terms and may result in liquidated damages equal to the Service Fees that would have been payable, plus reasonable enforcement costs.

8.5 Late Payment

Overdue amounts may accrue interest at the lower of [INSERT RATE, e.g., 1.5% per month] or the maximum rate permitted by law.

9. Background Checks and Compliance

Where the Services offer background check, identity verification, or compliance tools, those tools are provided “as is” and do not relieve Agencies or Clients of their own legal obligations. Agencies remain solely responsible for verifying the suitability, eligibility, and credentials of their Personnel, and Clients remain solely responsible for any due diligence appropriate to the engagement.

10. Confidentiality

In the course of using the Services, Users may receive non-public information about other Users, Personnel, or the Company (“Confidential Information”). You agree to use Confidential Information solely to evaluate, negotiate, or perform Placements, to protect it with at least the same degree of care you use for your own confidential information (and in any event no less than reasonable care), and not to disclose it to third parties except as necessary to perform a Placement or as required by law.

11. Data Protection and Privacy

Our collection and use of personal data is described in our [Privacy Policy](INSERT LINK). If you submit personal data about Personnel or other individuals to the Services, you represent that you have a lawful basis to do so and that you have provided any required notices and obtained any required consents. Where applicable data protection laws (such as the GDPR, UK GDPR, or CCPA) require a separate data processing agreement between you and the Company, that agreement is incorporated by reference and is available at [INSERT LINK].

12. Intellectual Property

12.1 Company IP

The Site, the Services, and all related software, designs, text, graphics, logos, and trademarks are owned by or licensed to the Company and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

12.3 Feedback

If you provide suggestions, comments, or other feedback regarding the Services, you grant the Company a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

13. Third-Party Services

The Services may integrate with or link to third-party services (such as payment processors, calendar tools, or background check providers). We are not responsible for third-party services, and your use of them is governed by their own terms.

14. Disclaimers

The Services and all Content are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, the Company does not warrant that the Services will be uninterrupted, secure, or error-free, or that any Personnel, Agency, or Client is qualified, reliable, or suitable for any particular purpose. Any Placement is entered into at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Company will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.
  • The Company’s total cumulative liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the total Service Fees you paid to the Company in the twelve (12) months preceding the event giving rise to the claim, or (b) [INSERT AMOUNT, e.g., USD 100].

These limitations apply regardless of the legal theory of the claim. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your Content; (c) your breach of these Terms or any applicable law; (d) any Placement to which you are a party; or (e) any dispute between you and another User or Personnel.

17. Suspension and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe that you have violated these Terms, applicable law, or that your conduct poses a risk to the Company, other Users, or Personnel. You may close your account at any time by following the instructions on the Site.

Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination (including Sections 7.2, 8, 10, 12, 14, 15, 16, 18, 19, and this sentence) will survive.

18. Dispute Resolution

18.1 Informal Resolution

Before filing any formal claim, you agree to attempt to resolve the dispute informally by contacting us at [INSERT EMAIL]. We will attempt to resolve the dispute by negotiating in good faith for at least 30 days.

18.2 [Optional] Binding Arbitration

[If desired, insert an arbitration clause appropriate to your jurisdiction. Arbitration clauses, class-action waivers, and consumer protections vary significantly by region; this section should be drafted or reviewed by qualified counsel.]

18.3 Governing Law and Venue

These Terms are governed by the laws of [INSERT JURISDICTION], without regard to its conflict-of-law principles. Subject to Section 18.2, the courts located in [INSERT VENUE] will have exclusive jurisdiction over any dispute arising out of or related to these Terms, and you consent to the personal jurisdiction of those courts.

19. Changes to the Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Site and updating the “Last Updated” date, and where appropriate by email. Your continued use of the Services after the updated Terms take effect constitutes acceptance of the changes. If you do not agree, you must stop using the Services.

20. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy and any order forms or written agreements we sign with you, constitute the entire agreement between you and the Company regarding the Services.
  • Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
  • No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure. Neither party is liable for failure to perform due to events beyond its reasonable control, such as natural disasters, war, civil disturbance, labor action, or failures of telecommunications or internet providers.
  • No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.
  • Notices. We may provide notices to you by email, through the Site, or by other reasonable means. You may send notices to the Company at the contact details below.

21. Contact

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

Terms of Service - Executive Presence