Terms Of Use

This Customer Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service (as defined below) and is an agreement between Baldor Technologies Private Limited (“IDfy,” “we,” “us,” or “our”) and you or the entity you represent (“Client ,“you” or “your”).This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use the Service (the “Effective Date”). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Your use of the Services is subject to the terms and conditions set out below, the Terms of Use available at [https://doublecheck.idfy.com/terms], and any other terms and conditions applicable to you from time to time, including but not limited to, IDfy’s Privacy Policy available at [https://doublecheck.idfy.com/privacy] and all other documents referred to in this document.

Pursuant to the Agreement, Client shall receive background verification and related services, as more particularly described in Annexure II to this Agreement (“Services”) from IDfy in relation to candidates specified by the Client (“Verification Subjects”).

IDfy and the Client shall be referred to individually as the “Party” and collectively as the “Parties”.

This Agreement shall be binding in all respects and shall govern the relationship between the Parties with respect to the Services.

1. Purpose:

The Client is desirous of receiving the Services from IDfy during the Term and, in consideration thereof, agrees to pay the Fee (as described below) to IDfy, and IDfy is desirous of providing the Services, on best efforts basis, to the Client during the Term in consideration of such Fee to be paid by the Client to IDfy.

2. Service Performance:

(a) IDfy shall commence the Services upon execution of the Agreement; however, this shall be contingent upon the occurrence of the following events:

(i) Verification Subject accepting the online letter of authorisation, terms and conditions and other policies specified on the Site as evidence of its consent for the performance of the Services by IDfy and submitting all necessary supporting documents and information, as described in Annexure I to this Agreement (“Supporting Documents”); and

(ii) IDfy receiving its Fees for the Services in full accordance with the terms of the pro forma invoice.

(b) In the event, Verification Subjects upon being invited (via an online link ) to do so, fail to upload Supporting Documents within 10 (ten) days of receipt of such invitation, IDfy shall not be required to render the Services with respect to such Verification Subjects. Provided however, in such cases IDfy shall credit the Client’s account with points reflecting the per unit fees for such Verification Subjects and such points may be utilised by Client towards payment for Services in relation to other Verification Subjects.

(c) The Client hereby agrees that, the Services shall be performed in the manner set forth in Annexure II and provided only in relation to and limited to the information and documentation provided by the Client to IDfy.

(d) As part of the verification process IDfy will require additional details from the Verification Subject or the Client if the Supporting Documents are deemed inadequate for the purpose of verification. In such cases IDfy will raise an insufficiency (“Insufficiency”) for any such cases. An Insufficiency must be fulfilled, that is, any additional details requested by IDfy must be provided, within 10 business days of raising the Insufficiency. If the insufficiency is not fulfilled within 10 business days, that particular verification will be marked ‘amber’ and closed.

(e) All requests for the use of the Services from the Verification Subjects are subject to acceptance by IDfy. IDfy retains the absolute right to reject any of the Verification Subjects or any request for Services therefrom that do not comply with its terms and conditions for the Services and the use of the IDfy website.

(f) Further, Client acknowledges and agrees that IDfy may, on a commercially reasonable ground, disable access to the Client’s account for the Services, in which case, the Client may be prevented from accessing the Services, account details and any files or other content contained in the Client’s account. In such cases IDfy shall refund any undisputed amounts already paid by the Client as Fees, for which IDfy has not yet rendered the Services.

(g) Client will be deemed to have taken any action that it permits, assists or facilitates the Verification Subject to take related to this Agreement or use of the Service.

(h) Notwithstanding anything stated elsewhere in this Agreement, the Client agrees that IDfy may retain anonymised records of all data that it obtains or generates in the course of providing the Services under this Agreement. For the sake of convenience, it is clarified that ‘anonymised records’ as used in this Clause shall mean such records of the results of any background checks or verifications, or information about candidates, as have been redacted in such a manner that no association or relationship can be traced between such data and any individual or entity; furthermore, IDfy agrees and undertakes that it shall only use such data and records to generate ‘high-level’ or ‘demographic’ insights or reports, and only in such a manner that does not violate its confidentiality or intellectual property protection obligations under this Agreement.

3. Fee:

The aggregate of the per unit services fees including any additional charges (“Fee”) described in the “customer” section of the IDfy website at https://doublecheck.idfy.com/companies/pricing(“Site”) shall be paid to IDfy by the Client in advance prior to the commencement of Services. All payments shall be subject to tax deductions as required under the applicable laws. The Client shall be liable to pay service tax, VAT, and all other taxes that are now or may in the future become applicable to any Fee payment under this Agreement.

3. Term:

The term of this Agreement shall commence on the Effective Date and shall continue until this Agreement is terminated in accordance with the terms herein (“Term”).

5. Termination:

(a) Either Party may terminate this Agreement by giving the other Party 60 days’ prior written notice of its desire to do so. Either Party may terminate this Agreement with immediate effect in the event that the other Party (A) materially breaches its obligations hereunder (i) in a manner that is irremediable or (ii) fails to remedy a remediable breach within 30 days after being put on notice of such breach by the non-breaching Party, or (B) undergoes a “bankruptcy event”, as such term is conventionally understood, or (C) undergoes a “change in control”, as such term is conventionally understood with respect to corporate ownership and management.

(b) Termination of this Agreement shall have no effect on the vested rights of either Party. The provisions contained herein, in relation to, Intellectual Property, Indemnification, Non-Solicitation, Confidentiality, Governing Law, Dispute Resolution, and Jurisdiction shall survive any termination of this Agreement.

6. Intellectual Property:

(a) Each Party acknowledges that, as between the Parties, the other Party owns all right, title, and interest in and to such other Party’s intellectual property rights (including, in the case of IDfy, the Database), whether presently existing or later developed by such other Party. Nothing herein shall give either Party any right, title or interest in any of the other Party’s intellectual property rights, or, except as provided herein, any right to use any of the other Party’s intellectual property rights in any manner.

(b) Notwithstanding anything stated elsewhere in this Agreement, the Client recognises that IDfy owns, maintains, and retains the right to use , a database of information about individuals (“Profiles”) collated as a result of similar services performed on behalf of other corporate and individual clients (“Database”). It is hereby clarified that IDfy retains the ownership of the Database and Services and all portions thereof. However, any information provided by the Client hereunder which is stored in the Database (“Client Information”), shall continue to belong to the Client. The Client hereby licenses and permits IDfy to utilise the Client Information for the purposes of rendering the Services, in accordance with the terms of this Agreement. The Client shall indemnify IDfy against any claims based on intellectual property rights from third-parties/Verification Subject, in the case of (parts of) Client Information that is protected by any intellectual property right. IDfy shall, if and in so far as it qualifies as a processor of personal data, process personal data in accordance with applicable law.

(c) It is hereby clarified that IDfy is not under any direct contractual obligation with the Verification Subjects and is providing Services to the Client under a contractual obligation with the Client. The Client shall be responsible for ensuring compliance with the provisions of Rules 5 and 6 of the Information Technology (Reasonable Security Practices And Procedures and Sensitive Personal Data or Information) Rules, 2011 and shall obtain the consent of the Verification Subject for the performance of the Services, including, but not limited to, the transmission of their sensitive personal information, if any, from the Client to IDfy in the course of signing the letter of authorisation, and authorising IDfy to store and use their profiles in the Database for activities such as the improvement of turn-around-time and quality of verification through the use of pre-verified profiles and other operational efficiencies.

7. Indemnification:

(a) The Client agrees to indemnify, defend, save and hold harmless IDfy, its directors, employees, and agents from and against all liabilities, damages, judgments, claims, costs and expenses (including, but not limited to, reasonable attorneys’ fees), as a result of or arising out of any breach of any obligation, warranty or representation in this Agreement by the Client or the negligence or wilful disregard by the Client or its employees or agents.

(b) Further, the Client shall defend, indemnify, and hold harmless IDfy, its directors, employees, and agents (“IDfy Indemnified Party”) from any and all losses, claims, damages, costs (including reasonable attorneys’ or legal costs), charges, expenses, liabilities, demands, proceedings and actions or any other liability of any nature whatsoever which a IDfy Indemnified Party may sustain or incur or which may be brought or established against it by any person, authority, or otherwise, and which may arise out of or in relation to or by reason of any violation of any privacy laws relating to the authorisation for verification of any Verification Subject.

8. Limitation of Liability:

(a) Subject to sub clauses (b) and (c) below, the entire and aggregate liability of one party hereunder to the other (its directors, employees and agents) whatsoever and howsoever arising and whether arising from any breach of the terms of this Agreement or otherwise, shall in no event exceed the total Fee paid by the Client to IDfy in the 12 (Twelve)-month period preceding the incident giving rise to the relevant liability

(b) Notwithstanding any other provision of this Agreement, neither party limits its liability for: (i) fraud by it or its employees, agents or officers; (ii)death or personal injury caused by its negligence or that of its employees, agents or officers.

(c) Except as expressly permitted otherwise in this Agreement, neither Party shall have the right to recover damages or to indemnification of any nature, whether by way of lost profits, expenditures for promotion, payment for good will or otherwise made in connection with the business contemplated by this Agreement, solely as a result of the expiration or permitted or lawful termination of this Agreement.

9. Non-Solicitation:

Each Party hereby covenants and agrees that it shall not, without the prior written consent of the other Party, directly or indirectly, solicit the employment of any of the directors or employees of the other Party, during the Term and for a period of 6 (Six) months following the termination of this Agreement.

10. Confidentiality:

(a) All documents, information and other materials made available to by each Party to the other Party in connection with, pursuant to, in the course of or as a result of this Agreement, (collectively “Confidential Information”), shall be deemed to be confidential to such Party and shall remain the exclusive property of such Party during and after the Term of this Agreement.

(b) Each Party may use the Confidential Information of the other Party only in connection with the purposes for which it was disclosed and may only be copied or reproduced to the extent reasonably necessary for such Party to perform its obligations or for the purposes of which it was disclosed. Each Party agrees to protect the confidentiality of the Confidential Information of the other Party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either Party exercise less than reasonable care as of industry standard in protecting such Confidential Information. The receiving party shall give prompt notice to the disclosing party of any unauthorised use or disclosure of the Confidential Information, as soon as it becomes aware of such unauthorised use or disclosure. The receiving party shall not, decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, techniques or algorithms in Confidential Information by any means whatever, except as may be specifically authorized in advance by disclosing party in writing.

(c) Upon termination or expiration of this Agreement and upon request, each Party shall return all Confidential Information of the other Party, to such other Party, and certify in writing that it has returned all such information and has not kept copies thereof in any medium.

(d) The confidentiality obligations herein shall not apply to information:

  1. in the public domain without breach of this Agreement; or
  2. either Party can establish by competent proof was in its possession before receipt from the other Party and was not acquired, directly or indirectly from the other Party; or
  3. obtained by either Party from or by a third party not under an obligation of confidentiality to either of the Parties; or
  4. Required to be disclosed by operation of applicable law.

11. Force Majeure:

Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purposes of this Agreement, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labour strikes, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party's failure to perform its obligations under this Agreement.

12. Relationship:

The Parties hereby declare and confirm that the Parties are independent contractors, that the relationship between the Parties shall be on a principal-to-principal basis and that no agency, joint venture, partnership, association of persons, trusteeship or similar relationship of any kind shall be deemed to be created between the Parties merely on entering into this Agreement.

13. Warranties:

Each Party hereby represents and warrants to the other Party that it has the legal and financial capability to grant the rights under this Agreement and to abide by its terms. Further, the Client represents and warrants that it has received the consent of the Verification Subject/s to have the Services performed in the manner and for the purpose agreed hereunder and that the due performance of the Services by IDfy, as requested, will not violate the proprietary or personal rights of any such person.

14. Waiver:

The rights of each party under this Agreement:
  1. may be exercised as often as necessary;
  2. are cumulative and not exclusive of rights or remedies provided by law; and
  3. may be waived only in writing and specifically.

Delay in exercising or non-exercise of any right is not a waiver of that right.

15. Severability:

In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision shall be considered separate and severable from the remaining provisions of this Agreement, and the validity, legality or enforceability of any of the remaining provisions of this Agreement shall not be affected or impaired by such provision in any way.

16. Assignment:

Neither Party may assign this Agreement or any of its rights or obligations under this Agreement, whether in whole or in part, without the express written consent of the other Party; provided, however, that IDfy may engage the services of sub-contractors, or agents in relation to the provision of its Services under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

17. Notices:

(a) To Client. IDfy may provide any notice to Client under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message to the email address then associated with the Client account or (iii)ordinary mail. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. (b) To IDfy – Client may provide any notice to IDfy under this Agreement: (i) by facsimile transmission to (+91) 22 4914 7725 ; or (ii) by personal delivery, overnight courier or registered or certified mail to Baldor Technologies Private Limited4-F Rushabh Chambers, Plot No. 609, Off Makwana Road, Marol Naka, Andheri (East), Mumbai 400059, attention CEO. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.

18. Governing Law and Jurisdiction:

This Agreement shall be governed by the laws of the Republic of India, and the courts of Mumbai, India shall have exclusive jurisdiction over all claims or disputes under this Agreement.

19. Modifications:

IDfy may modify this Agreement (including any policies) at any time by posting a revised version on the Site or via email to the Client account; provided, however, that IDfy will provide at least 30 days’ advance notice in accordance for adverse changes to any material terms of this Agreement. Subject to the 30 day advance notice requirement with respect to adverse changes in material terms, the modified terms will become effective upon posting or, if notified by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, Client agrees to be bound by the modified terms.

20. Entire Agreement:

This Agreement constitutes the entire understanding between the Parties hereto in relation to the subject matter hereof and supersedes all prior discussions, agreements, and representations, whether oral or written and whether or not executed by the Parties. In the event of a conflict between this Agreement and any other document executed between the Parties, the terms of this Agreement shall prevail.

BY SCROLLING TO THE BOTTOM OF THIS AGREEMENT AND CLICKING THE “I ACCEPT” BUTTON, CLIENT AGREES TO BE BOUND BY THIS AGREEMENT INCLUDING ITS TERMS OF USE AND PRIVACY STATEMENT, ALL OF WHICH ARE INCORPORATED INTO AND FORM PART OF THIS AGREEMENT. CLIENT AGREES THAT CLIENT HAS READ AND UNDERSTOOD THIS AGREEMENT. CLIENT MUST ACCEPT THIS AGREEMENT BEFORE CLIENT CAN FURTHER EXPLORE THIS SITE

Annexure I
List of Supporting Documents

For address check:
  • Passport
  • Ration card
  • Aadhaar card
  • Voter I.D.
  • Utility bill
For education check:
  • Mark sheet
  • Degree certificate
  • Course completion certificate
  • Convocation certificate
  • Passing certificate
For employment verification:
  • Appointment letter
  • Relieving letter
  • Salary slip
  • Increment letter
  • Experience letter
  • Offer letter

For database check: No documents are applicable separately. The documents provided above shall be used for carrying out this check.

For court record check: No documents are applicable separately. The documents provided above shall be used for carrying out this check.

With regard to supporting documents submitted electronically prior to commencement of the verification process, IDfy will attempt three follow ups with the Verification Subject. If at the end of the three follow up attempts, a Verification Subject does not submit the required documents, the Client agrees that IDfy shall not be required to perform the Services in respect of such Verification Subject. It is hereby clarified that no such follow up is required to be conducted by IDfy in respect of Supporting Documents which are submitted physically and the collection and follow up in respect of such Supporting Documents shall be the responsibility of the Client.

Annexure II
Description of Services

Subject to the preceding provisions of this Agreement, IDfy may be required to provide any of the following Services to the Client:

  1. ID check (Aadhaar / PAN / Voters ID)
  2. Address check
  3. Education check
  4. Employment verification
  5. Reference check
  6. International database check
  7. Criminal court check (not signed by external attorney)
  8. Criminal court check (signed by external attorney)
  9. Passport check

The Parties agree that the Services shall be provided within a median turnaround time (“TAT”) of 10 (Ten) working days in respect of each Verification Subject, except (i) as specifically indicated in the tables below, and (ii) in the case of delays by the Client in providing Supporting Documents or addressing Insufficiencies, and (iii) as provided earlier in this Agreement in the event of the occurrence of a Force Majeure event. The Services are as described in the tables below:

1. ID check

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written report on accuracy of match between candidate’s name and name on Aadhaar Card / P.A.N. card / Voter ID card provided by Client.Database check on government databases to determine accuracy of match between candidate’s name and name on PAN card / Voter ID / Aadhaar card provided by Client

2. Address check

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written report regarding the address verificationSite Audit - physical visit to location, wherever possible. In some instances, IDfy may send a courier to the location and track delivery using the airway bill number.

3. Employment check

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Electronic verificationSoliciting written response from verifier via email, wherever possible. In the event that email responses are not given, IDfy will strive to take verbal responses. In some instances, IDfy may decide to conduct site audits as part of the employment check. These audits will be billed as a separate check.

4. Education check

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written confirmation on education verification from the authorities of the University / College / InstituteSoliciting written response from verifier via email. IDfy’s agents may need to visit the institute or use other means available to obtain written confirmation.All payments to university / college / institute / relevant authority (if applicable) would be reimbursed at actuals from the Company

5. Reference Check

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Email report from referee, based upon format provided by Client; alternatively, IDfy will provide a completed report in the format provided by Client, based on a verbal conversation with the referee.Soliciting written response from verifier via email; in the event that this is not possible, or if the referee indicates an alternate preference, a completed report in the format provided by Client, based on a verbal conversation with the referee.

6. International Database Check

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written report on accuracy of match between candidate’s name as provided by Client and names on International Convict Databases.Database check to determine accuracy of match between candidate’s name as provided by Client and name on International Convict Databases.

7. Criminal / Court Record Check (not signed by attorney)

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written report based on survey of criminal court records from Indian courts, based on name, date of birth, father’s name, address(es)Indian criminal law courts’ records scrutinised by system, further checked by IDfy’s trained agents.
Assessment is then further ratified by a qualified in-house lawyer.

8. Criminal / Court Record Check (signed by external attorney)

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written report based on survey of criminal court records from Indian courts, based on name, date of birth, father’s name, address(es)Indian criminal law courts’ records scrutinised by system, further checked by IDfy’s trained agents.
Assessment is then further ratified by a bar council certified external lawyer.

9. Identity Verification (Passport)

IDfy DeliverablesTask performance by IDfy or its agents / assignees
Written report on accuracy of match between candidate’s name and name on the passport provided by Client.Database check on government database to determine accuracy of match between candidate’s name and name on passport provided by Client.