Terms of Service

1. About these terms

These terms govern your use of the Hire IT Manager platform at [DOMAIN] (the “Platform”), operated by [LEGAL ENTITY NAME], a company registered in England and Wales under company number [COMPANY NUMBER], whose registered office is at [REGISTERED ADDRESS] (“we”, “us”).

By creating an account or using the Platform you agree to these terms. If you're agreeing on behalf of a business, you confirm you have authority to bind that business.

We may update these terms. Where a change materially affects your rights we will give you at least [NOTICE PERIOD] notice by email before it takes effect.

2. What the Platform is — and isn't

The Platform is a marketplace that connects businesses seeking IT expertise (“Clients”) with UK-based IT professionals (“IT Managers”), and permits recruiters to search the talent database.

We introduce and facilitate. Unless expressly stated in writing:

• We are not a party to any contract for services agreed between a Client and an IT Manager.
• We do not employ IT Managers, and we are not their agent.
• We do not supervise, direct or control the work performed.
• We do not guarantee the quality, timeliness or outcome of any engagement.

[SOLICITOR TO REVIEW: the above characterisation must be tested against the Conduct of Employment Agencies and Employment Businesses Regulations 2003. If the Platform is found to operate as an employment business or employment agency, additional statutory duties apply and this section is inadequate.]

3. Accounts and eligibility

You must be at least 18 and have capacity to contract. Accounts are for a single named individual; you may not share credentials.

IT Manager accounts require completion of our verification process (section 5) before a profile becomes visible. Recruiter accounts require a verifiable business email and are approved manually.

You are responsible for the accuracy of everything on your profile, including skills, experience, day rate, availability and stated IR35 position. Material misrepresentation is grounds for immediate suspension.

You are responsible for activity under your account and must tell us promptly at [SECURITY EMAIL] if you suspect unauthorised access.

4. Fees and payment

Clients. Browsing, posting briefs, receiving matches and shortlisting are free. A placement fee of [FEE %/AMOUNT] becomes payable when you engage an IT Manager introduced through the Platform. The fee is disclosed before you commit to an engagement.

IT Managers. No fee is charged for creating a profile, being matched, or being engaged. Optional paid services (such as the CV service) are charged separately at the price shown.

Gigs. The price shown to the Client is inclusive of our margin. Client funds are held by [PAYMENT PROVIDER] and released to the IT Manager on acceptance of delivery, or in accordance with section 7.

Circumvention. Engaging an IT Manager introduced via the Platform outside the Platform, in order to avoid fees, is a breach of these terms. [SOLICITOR TO REVIEW: enforceability, duration of any restriction, and whether such a clause is reasonable and lawful in this context.]

All fees are exclusive of VAT unless stated. Late payment may attract interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5. Verification

Before an IT Manager profile goes live we carry out identity verification, a right-to-work check and reference checks, and we confirm UK residency.

We carry out these checks with reasonable care using the evidence provided to us. We do not warrant that every check is infallible, and verification by us does not discharge a Client's own legal obligations — including its own right-to-work checks where it engages a worker directly. Clients remain responsible for their own statutory compliance.

[SOLICITOR TO REVIEW: the interaction between our checks and the Client's non-delegable duties under the Immigration, Asylum and Nationality Act 2006, and whether this wording adequately allocates that risk.]

6. Employment status and IR35

The Platform records the IR35 position stated by each IT Manager and the engagement type stated by each Client, and stores engagement documentation.

We do not make status determinations. Where the off-payroll working rules apply, the obligation to determine status, to issue a Status Determination Statement and to exercise reasonable care rests with the Client (or otherwise as the legislation provides). Information on the Platform, including the IR35 pages, is general information and not tax or legal advice.

Each party is responsible for its own tax affairs and for taking its own professional advice.

7. Gigs, delivery and disputes

A gig is a fixed-scope, fixed-price engagement with a stated delivery window. The scope shown at the point of purchase governs what is to be delivered.

Client funds are held and released on acceptance. If the Client does not accept or raise an issue within [ACCEPTANCE WINDOW] of delivery, delivery is deemed accepted.

Where an issue is raised, the parties must first attempt resolution directly. If unresolved after [PERIOD], either may refer it to us and we will review the evidence and reach a decision on release of held funds. Our decision under this process is administrative only and does not affect either party's legal rights.

[SOLICITOR TO REVIEW: whether this dispute mechanism, the deemed-acceptance period and our role in releasing funds are appropriate, and any regulatory implications of holding client money.]

8. Acceptable use

You must not: post false or misleading information; impersonate anyone; scrape, harvest or bulk-export data from the Platform; use the talent database to market unrelated services; discriminate unlawfully in any brief or approach; or use the Platform for anything unlawful.

Recruiters may contact IT Managers only in relation to genuine, specific roles, and only where the IT Manager's contact preferences permit. Bulk or speculative outreach is prohibited and will result in removal.

We may suspend or terminate any account that breaches this section, without refund.

9. Intellectual property

The Platform, its software, branding and the match engine remain our property. You get a limited, revocable, non-transferable licence to use it as intended.

You retain ownership of content you upload. You grant us a licence to host, display and process it for the purpose of operating the Platform — including processing profiles through the match engine.

Ownership of work product created during an engagement is a matter for the contract between the Client and the IT Manager. We take no position and acquire no rights in it.

10. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for the acts, omissions, performance or conduct of any Client or IT Manager, and our total aggregate liability is limited to [CAP — e.g. fees paid in the preceding 12 months].

We do not exclude or restrict any statutory rights of a consumer. [SOLICITOR TO REVIEW: whether any users are consumers — sole-trader IT Managers may be — and the effect of the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977 on this section, including whether the cap is reasonable.]

11. Suspension and termination

You may close your account at any time. We may suspend or terminate access where you materially breach these terms, where required by law, or where we reasonably believe your use presents a risk to other users.

Termination does not affect accrued rights, fees already payable, or obligations under an engagement already entered into.

12. Governing law

These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Questions about these terms: [LEGAL EMAIL], [REGISTERED ADDRESS].