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React Native

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Terms of Service

Last Updated: September 16, 2024

Version: 1.0

1. General Terms

  1. Application and Acceptance

    These Terms govern your use of the Services. Please read these Terms carefully as they affect your obligations and legal rights. By accessing or using the Services, registering an Account, paying the Fees, or clicking a checkbox referring to these Terms, you agree to these Terms without modifications or reservations, forming a legally binding agreement. If you do not agree, do not use the Platform or Services and discontinue their use immediately. If acting on behalf of an entity, you confirm that you are authorised to accept these Terms and bind such an entity.

  2. Eligibility

    To access and use the Platform and Services, you must: (i) be capable of forming a legally binding agreement with us; (ii) not be a Prohibited Person or use the Platform or Services for their benefit; (iii) be at least eighteen years old or of legal age in your jurisdiction; (iv) if acting on behalf of an entity, be authorised by the entity and confirm that the entity is properly existing; and (v) comply with these Terms. If you do not meet these requirements, you must immediately stop using the Platform and Services until you do.

  3. Important Disclaimers

    1. Intellectual Property

      You own all the Deliverables we develop for you. Refer to the ‘Intellectual Property and Materials’ section for details.

    2. Confidentiality

      We will protect your Confidential Information and have executed relevant non-disclosure agreements with all applicable stakeholders, remaining liable for their compliance. A sample non-disclosure agreement is available upon request. As such, there is generally no need for a separate NDA, but if you still wish to have one, please contact us in advance. Refer to the ‘Confidentiality’ section for details.

    3. Law and Disputes

      The ‘Applicable Law and Dispute Resolution’ section governs the choice of law and includes a binding arbitration agreement.

    4. Liability

      Additionally, please review the ‘Limitation of Liability’ section thoroughly before accepting these Terms, as it limits the liability of the BoostWorkforce Parties and contains important disclaimers regarding the Services.

    5. Definitions

      Definitions of capitalised terms used herein are provided in the ‘Interpretations’ section below.

2. Service Terms

  1. Services

    We offer two subscription-based Services: Developer Subscription and Design Subscription.

    1. Developer Subscription

      We introduce you to developers based on your specified qualifications and assist you with interviews. We provide these Services with reasonable care and effort. While we make commercially reasonable efforts to find a suitable candidate, we do not guarantee timelines or suitability of candidates. You are solely responsible for choosing the appropriate and suitable Developer. Once a Developer is selected, you may agree on a start date directly with them.

      We do not provide software development or similar services and offer no warranty on the Developer's performance. You are solely responsible for overseeing the Developer’s work, assigning tasks, and managing their workload. We are not liable for the Developer’s performance if we have fulfilled our explicit obligations hereunder. If you are dissatisfied with the Developer's performance, your sole remedy is to request a replacement or suspension as outlined herein.

      Without prejudice and subject to the Permissible Absences, a Developer is available for your assignments for forty hours per week, regardless of workload. If this availability is not met due to the Developer's fault, your sole remedy is to receive a proportional reduction in Fees based on calendar days. A specific work schedule will be agreed upon by you with the Developer.

      The Developer’s availability will be counted as if they are available for assignments during any Permissible Absences, except when these absences exceed their entitlement. You should reasonably comply with the Developer's notifications or requests for such Permissible Absences. The initial terms for Permissible Absences will be provided before onboarding and may only change with prior agreement from the Developer. The Developer will make reasonable efforts to notify you in advance of any Permissible Absences, except in emergencies or unforeseen circumstances.

    2. Design Subscription

      We provide these Services according to your Subscription Plan, with reasonable care and timelines, but time is not of the essence. We will provide a minimum of one update per week on your assignments. No warranty is given except as explicitly stated herein. If you are dissatisfied with the performance of the design services, your sole remedy is to terminate the Design Subscription Plan as outlined herein.

  2. Subscription Plans

    1. Developer Subscription Plan

      We offer two tiers of the Developer Subscription Plan, differing by the developer's experience level. The exact level may vary based on experience with specific technologies, and the appropriate Developer Plan will be determined by us on a case-by-case basis, considering your specific requirements. If you hire multiple Developers, a separate Developer Subscription Plan applies to each such Developer.

    2. Design Subscription Plan

      We offer two tiers of the Design Subscription Plan, differing by the number of your assignments we simultaneously work on.

    3. Subscription Plan

      You may change your Subscription Plan upon prior written notice provided at least fourteen days before the end of the billing month. The new Subscription Plan will apply starting from the following billing month.

    4. Updates

      We may modify the terms of a Subscription Plan at our sole discretion with prior notice to you.

  3. Subscription Term

    Each Subscription Plan automatically renews on a month-to-month basis, unless terminated in accordance with the terms hereof.

  4. Workload and Assignments

    A Subscription Plan remains valid regardless of workload. If you provide insufficient workload, no refunds, rollovers, or other compensation will be given. If you are not able to provide a sufficient workload, your only remedy is to terminate the Subscription Plan.

  5. Trial Period

    The Trial Period applies only to the Developer Subscription and constitutes one calendar month from the start of the respective Developer Subscription Plan.

  6. Replacement Policy

    You may request a Developer replacement at any time with prior written notice, at no additional cost. There is no limit to replacement requests. Billing for the replaced Developer will be suspended and will resume when a new Developer starts. After the Trial Period, a fourteen days’ notice is required for replacements, during which billing will continue.

    We may replace a Developer with fourteen days’ prior notice. We will make commercially reasonable efforts to find a replacement before the notice period ends, though it may be shorter in exceptional cases. Billing for the replaced Developer will be suspended upon termination and will resume when a new Developer starts.

  7. Suspension Policy

    You can suspend your Design Subscription Plan at any time. If suspended, any prepaid unused days will carry over if you resume the plan within twelve months. Otherwise, the unused days will be forfeited.

  8. Termination Policy

    1. Developer Subscription Plan

      You may terminate any Developer Subscription Plan upon prior written notice provided at least fourteen days before the end of the billing month, otherwise the billing will continue. During the Trial Period, you can terminate the respective Developer Subscription Plan without notice period.

    2. Design Subscription Plan

      You may terminate the Design Subscription Plan at any time upon written notice.

  9. Refund Policy

    Fees are non-refundable unless explicitly stated otherwise or agreed upon case-by-case. If you terminate a Developer Subscription Plan during the Trial Period in accordance with these Terms, you may receive a refund for the unused prepaid period within a reasonable time after your request.

3. Fees and Payments

  1. Fees

    Fees are listed on the Platform and depend on the chosen Subscription Plan and number of Developers. The Fees are automatically charged monthly in advance. For the Developer Subscription Plan, billing starts on the Developer's first working day. For the Design Subscription Plan, billing begins on the payment date.

  2. Payments

    You agree to pay the applicable Fees at the current rate using the authorised payment method provided by us and are responsible for ensuring sufficient funds. Where functionality allows, you may update your payment method. You must use funds that you are legally entitled to dispose of.

  3. Updates

    We may update the Fees at any time, by providing at least one day prior written notice for active Subscription Plans. The updated Fees will not affect any prepaid Subscription Plans. If you do not agree to the updated Fees, you may terminate the Subscription Plan as outlined in these Terms.

  4. Suspension and Termination

    If you fail to make timely payment for the next billing month, we may immediately suspend the Services and reassign Developers, if applicable. You acknowledge that we are not liable for the suspension or reassignment, and you further acknowledge that the reassigned Developers may not be available if you renew the Subscription Plan.

  5. Taxes

    All Fees listed on the Platform exclude taxes, such as VAT, sales tax, or other applicable duties. You are responsible for paying all taxes or duties associated with the Fees under applicable law. If we are required to collect or remit any taxes on your behalf, these will be added to the Fees and must be paid by you.

  6. Add-Ons

    If agreed between you and us in advance, you may cover certain expenses, purchase a device, or pay additional Fees for pre-agreed services or Developers with an uncommon technology stack. Such payments are non-refundable unless explicitly stated otherwise or agreed upon case-by-case. With respect to ongoing add-ons, you may terminate them upon prior written notice provided at least fourteen days before the end of the billing month, otherwise the billing will continue.

4. Term and Termination

  1. Term

    These Terms take effect upon your acceptance and remain in force until terminated as outlined herein. These Terms automatically expire and terminate if there are no active or suspended subscriptions with you for more than thirty days.

  2. Termination

    We may terminate these Terms at any time with reasonable prior written notice if we at our discretion determine that (i) we cannot provide the Services or (ii) you are in breach of these Terms. In the event of such termination, all Subscription Plans will terminate automatically.

  3. Survival

    Termination of these Terms shall not prejudice any rights accrued prior to such termination. The following sections will remain in effect after the expiration or termination of these Terms, or your access to or use of the Services: Confidentiality, Non-Solicitation, Platform, Applicable Law and Dispute Resolution, Miscellaneous, Interpretations.

5. Intellectual Property and Materials

  1. Assignment

    The Deliverables shall be considered “work made for hire” under applicable copyright law, and you shall be deemed the sole owner of all rights, title, and interest in and to the Deliverables. To the extent that any Deliverables may not be considered “work made for hire,” we hereby irrevocably assign, transfer, and convey to you all right, title, and interest in and to the Deliverables, including any and all Intellectual Property Rights.

  2. Consideration and Assistance

    We acknowledge that the Fees provided hereunder include all payments due for the Deliverables, and no additional compensation shall be owed for the assignment of rights as outlined herein. At your cost, we agree to execute any documents and take any further actions reasonably requested by you to effectuate the transfer of rights or to assist in securing, maintaining, or enforcing any Intellectual Property Rights in the Deliverables.

  3. Third-Party Materials

    Nothing in these Terms implies the assignment or transfer of rights to Third-Party Materials, which are distributed under their own terms and conditions. If we include Third-Party Materials in the Deliverables, we will inform you of the applicable terms and restrictions. The BoostWorkforce Parties are not liable for Third-Party Materials. You are responsible for the costs and compliance with their terms, as well as for assessing their suitability and fitness.

6. Confidentiality

  1. Application

    Confidentiality obligations apply to any BoostWorkforce Party receiving Confidential Information, and we remain liable for their compliance. We have executed non-disclosure agreements with these parties, and a sample agreement is available upon reasonable request. If you nevertheless wish to execute a separate non-disclosure agreement, please contact us in advance.

  2. Protection of Confidential Information

    The BoostWorkforce Parties will only use Confidential Information to perform these Terms, such as to provide the Service, or engage in related discussions. The BoostWorkforce Parties will reasonably protect the Confidential Information and prevent unauthorised disclosure, transfer, or use of the Confidential Information. Unless otherwise outlined herein, the Confidential Information can be used or shared upon your prior consent.

  3. Authorised Use and Disclosure

    The Confidential Information may be disclosed to the BoostWorkforce Parties if reasonably necessary for performance of these Terms, provided the BoostWorkforce are bound by similar confidentiality obligations. We are responsible for compliance of the BoostWorkforce Parties with the confidentiality obligations established hereunder.

  4. Compelled Disclosure

    If required by law or court order to disclose Confidential Information, we will, if legally permitted, provide you with prompt written notice to allow you to seek a protective order or other remedy, or to waive the disclosure restriction. Upon your reasonable request, we will cooperate in efforts to limit such disclosure.

  5. Return and Destruction

    Upon your request, Confidential Information will be returned or deleted within five days, with no copies retained unless legally required.

  6. Publicity

    Unless objected by you in advance and subject to our consent to your objection, we may include your name, logo, and a description or representation of the work performed under these Terms in our portfolio, marketing materials, and on the Platform.

7. Non-Solicitation

  1. Restriction

    You shall not, without our prior written consent: (i) directly or indirectly solicit or contract with any Introduced Developer for employment, services, advisory, or any similar roles, including at Introduced Developer’s request; (ii) encourage the Introduced Developer to leave their engagement with us; or (iii) introduce or recommend the Introduced Developer to any third party. The restrictions apply as follows: (i) for Introduced Developers, for twelve months after their introduction; and (ii) for Developers, during the active Developer Subscription Plan and for twelve months after its suspension or termination.

  2. Liquidated Damages

    If you breach the above ‘Restriction’ clause, you must pay us liquidated damages equal to three months’ Fees for each solicited or hired Developer within twenty days of our demand. These damages represent a reasonable pre-estimate of our losses directly resulting from your breach, including administrative, hiring, and management expenses, and are considered fair compensation for the breach.

  3. Hiring

    If you want to hire a Developer directly, contact us to discuss options and obtain a waiver from this section.

8. Platform

  1. Licence

    Subject to your compliance with these Terms, we hereby grant you a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Platform for its intended purposes on the terms set forth herein. Your access and use of the Platform shall not violate these Terms.

  2. Ownership

    You do not acquire any title, interest, or rights, including Intellectual Property Rights, in or to the Platform. We, along with the respective rights holders, reserve the right to prohibit any use of the applicable Intellectual Property Rights in and to the Platform at any time. You may not obscure, remove, or alter any marks or notices used within or in connection with the Platform. All rights not expressly granted to you under the License are reserved by us, our respective Affiliates, or relevant rights holders.

  3. Access, Availability and Updates

    We may update, improve, or modify the Platform at any time without prior notice and are not liable for such changes. The Platform may be unavailable occasionally due to maintenance, technical issues, Force Majeure Events, cyberattacks, or other disruptions, and we do not guarantee continuous or error-free operation. Access to the Platform can be limited, suspended, or restricted immediately and without notice for reasons such as potential legal exposure, violations of Terms, or if you are or may be a Prohibited Person. We may use tools to identify and restrict access to such users, and you agree not to bypass these restrictions.

  4. Disclaimers

    The Platform is provided on an “as is” and “as available” basis, without any express or implied warranties, including but not limited to warranties of title, non-infringement, integration, merchantability, or fitness for a particular purpose, all of which are expressly disclaimed. We do not guarantee that the Platform will work as expected, be accurate or reliable, be secure or available at any specific time, meet your expectations, or be suitable for any particular purpose.

  5. Permitted and Restricted Use

    You agree to use the Platform only for its intended purposes and refrain from: disrupting or interfering with other users or the operation of the Platform; using the Platform for illegal purposes; circumventing access restrictions or limitations; exploiting technical issues or security breaches; uploading or transmitting malicious code; using the Platform in ways harmful to us or Platform users; violating third-party rights, including intellectual property rights; copying or duplicating any part of the Platform without consent; and engaging in any unlawful activities or those that violate applicable regulations.

  6. Security

    You are solely responsible for the use and confidentiality of your Account and its credentials. You remain liable for all actions, omissions, and transactions conducted through your Account. We are not liable for any losses or damages, including consequential, incidental, or indirect damages, resulting from unauthorised use of your Account or your failure to maintain the confidentiality of your credentials.

9. Limitation of Liability

  1. Damages

    We are liable only for damages that directly arise from our breach of obligation hereunder or under the law. To the fullest extent permitted by law, BoostWorkforce Parties shall not be liable for any consequential, incidental, indirect, or punitive damages; any loss of profits, business, opportunities, revenue, reputation, goodwill, data, or anticipated savings; wasted expenditure (including management time); or any liability related to another contract, regardless of the legal basis.

  2. Force Majeure

    BoostWorkforce Parties shall not be liable for any failure or delay in performance caused by a Force Majeure Event. We will promptly notify you in writing and make reasonable efforts to mitigate the impact. If the Force Majeure Event lasts over thirty days, we or you may terminate these Terms with written notice.

  3. Liability Cap

    To the fullest extent permitted by law, total liability of the BoostWorkforce Parties arising from these Terms, whether in contract, tort, breach of duty, or otherwise, including attorney's fees, will not exceed the total Fees received by us in the six months preceding the event leading to liability.

  4. Exclusions

    Nothing in these Terms limits liability for gross negligence, fraud, death or personal injury resulting from negligence, or any other liability that cannot legally be limited.

10. Applicable Law and Dispute Resolution

  1. Law

    These Terms are governed by the laws of England and Wales, excluding any conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

  2. Negotiations

    You must first contact us to try to resolve any dispute related to these Terms or the Services informally. If no agreement is reached within thirty days, the dispute may be submitted to arbitration as outlined below.

  3. Arbitration

    Any dispute, controversy or claim arising out of or in connection with these Terms, or the existence, breach, termination or invalidity thereof shall be finally settled by arbitration in accordance with the Expedited Arbitration Rules of the London Chamber of Arbitration and Mediation for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be London. The Tribunal shall consist of one arbitrator and the language of the arbitration shall be English. The law of this arbitration agreement shall be the law of England and Wales.

  4. Statutes of Limitation

    To the extent permitted by law, any claim related to these Terms or Services must be filed within twelve months of its occurrence, or it will be permanently barred.

11. Miscellaneous

  1. Modification

    We may modify these Terms at our sole discretion. If we make any material changes, we will notify you in advance. Unless stated otherwise, updated Terms take effect immediately, and continued use of the Services confirms your acceptance. If you do not agree to the changes, you must stop using the Services.

  2. Communication

    All communications must be sent by email and are considered valid, in writing, and delivered two days after transmission. We will use the email you provided during onboarding. You can update your email by sending a notice under this clause. Communications to us should be sent to hi@BoostWorkforce.com or, subject to the available functionality, made within your Account.

  3. Entire Agreement

    These Terms and any incorporated documents constitute the entire agreement between you and us, superseding all prior and contemporaneous understandings, writings, or promises related to the subject matter.

  4. Third-Party Beneficiaries

    Except as expressly stated, no third party has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms, except for BoostWorkforce Parties. BoostWorkforce Parties may enforce the ‘Damages’ clause as if they were parties to these Terms. However, any variations or waivers of these rights, as well as any modification or assignment hereof, can be made without their consent.

  5. Personal Data

    We handle personal data in line with our Privacy Notice.

  6. Data Processing

    If providing the Services involves processing personal data, you may request that we execute a separate data processing agreement as required by applicable law, outlining specific rights and obligations regarding such processing. Unless otherwise agreed, you are responsible for preparing this agreement.

  7. No Waiver

    Our failure or delay in exercising any right or remedy under these Terms or by law does not waive that right or remedy. Similarly, a partial or single exercise of a right or remedy does not preclude further exercise of that or any other right or remedy.

  8. Language

    Only the English version of any Communications is official. In case of translation differences, the English version prevails.

  9. Assignability

    You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations at any time without your consent but will notify you in advance.

  10. Validity and Enforceability

    If any provision or part-provision of these Terms is invalid or unenforceable, the remaining provisions will remain valid and in full force.

  11. No Partnership, Employment or Agency

    These Terms do not create a partnership, joint venture, or employment relationship. We are an independent contractor, not an employee, and we will not receive employee benefits. We or you have no authority to bind each other or make public statements on each other’s behalf.

12. Interpretations

  1. Interpretation

    References to any gender include all genders; singular terms include the plural and vice versa. Terms like "including" or "for example" are illustrative and do not limit the preceding text. Section headings do not affect interpretation. No rule of construction will disadvantage us due to our preparation of these Terms.

  2. Definitions

    In these Terms, capitalised terms have the following meanings, unless the context indicates otherwise:

    Account: an account registered with the Platform.
    Affiliate: a person controlling, controlled by, or under the same control as BoostWorkforce.
    BoostWorkforce or We: Wow-How Studio Ltd, D/B/A BoostWorkforce, a UK company having company number 11540577 and registered address at 80 Coleman Street, London, England, EC2R 5BJ.
    BoostWorkforce Parties: (i) BoostWorkforce, (ii) Affiliates, (iii) BoostWorkforce’s contractors, and (iv) shareholders, directors, officers, employees, agents, advisors, contractors, and assignees of the foregoing persons, explicitly including Developer and other persons involved in the provision of the Services and performance of these Terms.
    Communications: any official documents, agreements, notices, and disclosures related to these Terms, excluding routine (day-to-day) communications.
    Confidential Information: any confidential or proprietary information disclosed by you or on your behalf to us in connection with this Agreement, including but not limited to business affairs, data, designs, formulas, inventions, know-how, methods, financial data, customer information, personal data, and technical information. Confidential Information does not include information that: (i) is or becomes public through no fault of ours or our personnel; (ii) is lawfully received from a third party without a confidentiality obligation; or (iii) is independently developed by us without using the Confidential Information.
    Deliverables: any materials created, developed, or modified by us or Developer for you, including but not limited to software, drawings, designs, images, videos, documentation, models, reports, and other content or information compilations.
    Developer: our software engineer (developer) that was picked by you during the selection process.
    Fees: certain fees charged by us in connection with the specific Subscription Plan.
    Force Majeure Events: events beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, epidemics, government actions, or labour disputes.
    Intellectual Property Rights: all rights related to copyright, patents, trademarks, trade names, service marks, design rights, database rights, and similar rights, whether registered or unregistered. This includes applications, renewals, extensions, and the right to recover damages for past infringements, worldwide.
    Introduced Developer: a software engineer (developer) that was introduced to by us during the selection process.
    Permissible Absences: any absence of the Developer due to vacation, sick leave, public holidays, or any other leave that has been properly requested reasonably in advance.
    Platform: the platform available at https://BoostWorkforce.com, including its subdomains.
    Prohibited Person: (i) any person engaged in any kind of illegal activity, or (ii) any person subject to UK government sanctions, or (iii) any citizen, resident, or person under the jurisdiction of a country (a) where the use of the Platform or Services is prohibited by law, or (b) subject to any country-wide or territory-wide sanctions imposed by any government or international authority.
    Services: for the Design Subscription, this refers to design services provided upon your request and for the Developer Subscription, it refers to the selection, replacement, and availability of a Developer.
    Subscription Plan: a monthly subscription-payment based model applicable to the Developer Subscription and Design Subscription.
    Terms: these BoostWorkforce Terms of Service.
    Third-Party Materials: any software, content, data, or items provided by third parties, including third-party software (free or open source), stock materials (such as videos, photos, images, sounds, and fonts).
    Trial Period: the period indicated in the ‘Trial Period’ clause.
    You: the person accepting these Terms. If acting on behalf of an entity, “you” means such an entity.