1. About these terms
These terms apply when you hire someone through Cyberonics Limited (“we”, “us”), a company registered in England and Wales, number 16441372, with its registered office at 84 Katherine Road, London E6 1EN. “Your person” means anyone we provide to work with you, including on a free demo day. We supply your person as an employment business: they work for you under your direction while they are engaged by us. This service is for businesses only, in the UK or in any other country, and by requesting a hire you confirm you are acting for a business. A hire starts when we confirm it to you in writing. These terms and that confirmation are the whole agreement between us, and anything we agree in the confirmation takes priority over these terms.
2. What you’re hiring
- We provide a person with the role and experience level you choose, in the country you choose if we have someone available there.
- All work is remote. Your person works from their own location, which may be in the UK or in another country, using their own equipment. We don’t supply people to work at your premises, and travel isn’t included.
- Prices are for one person working full time, up to 40 hours a week, Monday to Friday. We agree the exact hours with you before they start, including any overlap with your time zone.
- You direct their day-to-day work, and you’re responsible for giving them the access, information and instructions they need.
- Availability shown on the website is a guide. We confirm the person and their start date before you commit.
- Your person is engaged and paid by us, either directly or through their own company. They aren’t your employee and you aren’t responsible for their pay.
3. What we need from you, and the checks we make
- Before we choose someone, please tell us who you are and what your business does, when you need them to start and for how long, the type of work, their hours, and any skills, qualifications or legal requirements the role needs.
- We take reasonable steps to check that your person has the experience and skills you asked for, and we tell you about any legal requirement we know of for the work.
- If we learn that your person may not be suitable, we’ll tell you on the same or the next working day, and we’ll replace them or end the supply.
4. The free demo day
- There’s one free demo per company, and you must request it from a work email address.
- It’s one working day on one small task that we agree with you beforehand.
- You must sign our NDA first. Please don’t give your person access to live systems or real customer data during the demo.
- There’s no charge, and you have no obligation to hire afterwards.
- If you go on to hire, the work from the demo day passes to you. If you don’t, it stays with us and you shouldn’t use it.
- We can decline a demo request, for example if the task is too large for one day.
5. Prices and payment
- You pay us, and we pay your person. Please don’t pay them directly.
- Prices are shown on our website or in your written confirmation, in US dollars or pounds. They exclude VAT and any other taxes that apply where you are, and any bank or transfer charges on your side are yours.
- We invoice in advance, weekly or monthly. Your person starts once the first invoice is paid, and each later invoice is due before the period it covers begins.
- If an invoice isn’t paid on time, we can pause the work until it is. We may also charge interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
- Any rate we’ve already agreed with you in writing still applies to that hire. We’ll give you at least 30 days’ written notice of any price change to a running hire.
6. Length, extending and stopping
- The shortest hire is one week. You can hire for as long as you like and extend at any time.
- Weekly hires can stop at the end of any paid week, if you tell us before that week ends.
- Monthly hires can stop at the end of any paid month, if you give us at least 7 days’ written notice.
- Payments for a period that has started aren’t refunded, unless we’re unable to provide your person or a replacement for that period. If that happens, we refund the unused part.
- Either of us can end a hire straight away if the other seriously breaks these terms and doesn’t put it right within 7 days of being asked.
7. Replacing your person
If your person isn’t the right fit, tell us and we’ll look for a replacement at no extra cost. If they’re ill, on holiday or leave, we’ll tell you as soon as we can and arrange cover or a replacement where possible, and we’ll credit any full working days that aren’t covered.
8. Who owns the work
Before your person starts, we have a written agreement with them that passes the rights in the work they create for our clients to us, so that we can pass them to you. Once you’ve paid for the period in which it was created, you own the work your person creates for you. This doesn’t include open-source software, third-party tools or anything they owned before they started, which stay under their own licences. Where something they already owned is built into your work, you get a permanent, free licence to keep using it as part of that work.
9. Confidentiality, data and access
- We and your person keep your confidential information private, during the hire and afterwards.
- Before your person handles personal data for you, tell us. We’ll sign a data processing agreement with you that meets the data protection law that applies to you, such as UK or EU GDPR. If your person is in a different country from you, we’ll also put the transfer safeguards that law requires in place, such as the ICO’s International Data Transfer Agreement or the EU Standard Contractual Clauses. Until that’s done, please keep them to test data.
- You decide what access your person gets. We recommend giving them their own accounts with only the access the work needs, which you can switch off at any time, and you remain responsible for your systems and data.
10. Taking your person on directly
If you’d like to employ or engage your person yourself, or through another company or agency, during the relevant period, you can choose either of these, as UK rules for employment businesses allow:
- pay us a one-off introduction fee equal to two months of the monthly price for your person’s role and level, or
- tell us in writing that you’d like an extended hire instead. We then keep supplying your person for a further 8 weeks at the same rate, and after that you can take them on with no fee.
The relevant period ends 14 weeks after the first day your person worked for you through us, or 8 weeks after the last day they did, whichever is later. A gap of more than 42 days resets this, and a free demo day counts as working for you. After the relevant period there is no fee. If you choose an extended hire and we can’t supply your person for all of it, no fee is due unless that’s in no way our fault.
11. Liability
We provide people with reasonable skill and care, but you direct their work and you’re responsible for checking it before you use it. Nothing in these terms limits liability that can’t legally be limited, such as for fraud or for death or personal injury caused by negligence. Otherwise, our total liability under a hire is limited to the amount you paid for that hire in the 3 months before the problem arose, and neither of us is liable for loss of profit, loss of business or indirect loss. These limits don’t reduce your duty to pay our invoices.
12. Other things to know
- Neither of us is responsible for delays caused by events outside our reasonable control.
- Notices about a hire can be sent by email, to the address in your confirmation or to admin@cyberonics.uk.com.
- If a court decides that part of these terms can’t be enforced, the rest still applies.
- We may update these terms. The version in force on the day your hire starts applies, unless we both agree otherwise in writing.
- The law of England and Wales applies, and the courts of England and Wales have jurisdiction.
Questions
Email admin@cyberonics.uk.com or call +44 7584 285008. You can also go back to all roles.