Terms & Conditions

ByThursday is a brand of Kawkab, Inc., a company registered in Delaware, USA (“ByThursday”, “we”, “us”). We source, vet and employ remote software developers, and place them with client teams.

Address: 1111b S Governors Ave, STE 23941, Dover, DE 19904, USA

In these terms, “you” means the business that engages us, and “Developer” means a person we place with you.

The content on this site is general information about our service. It is not an offer that becomes binding when you read it, and we may change it, including prices, at any time.

You agree not to misuse the site. That includes trying to gain unauthorised access to it, interfering with how it runs, or collecting its content by automated means at volume.

Where we link to other sites, we do so for convenience. We are not responsible for their content or how they handle your data.

An engagement starts when you confirm in writing, by email or otherwise, that you want to go ahead with a Developer you have interviewed. The confirmation records the hours agreed, the start date and the working hours the Developer will share with your team.

If we have signed a separate order form or services agreement with you, it takes priority over these terms wherever the two conflict.

We are the Developer’s employer of record. We pay their salary and run their payroll in their country.

You direct the day-to-day work: priorities, tasks, code review and what gets shipped. You are responsible for the decisions you make about that work.

The Developer is not your employee, and nothing in these terms creates an employment relationship between you and them.

While a Developer works with you, you agree to:

• give them the accounts, tools, access and direction they need to do the work;
• not ask them to do anything unlawful, unsafe, or outside the scope agreed when the engagement started;
• treat them with the same respect you expect for your own staff;
• control the permissions they hold on your systems, and remove them when the engagement ends;
• tell us early if something is not working, so we can fix it.

Our Developers use AI coding tools as part of how they work. You decide which tools may be used on your codebase and what data those tools may see. Tell us at the start of the engagement if you have restrictions, and we will make sure the Developer works within them.

Fees are those shown on our pricing page on the day you confirm the engagement, unless we have agreed different fees with you in writing.

We invoice monthly in advance, in US dollars, starting on the Developer’s first day. Invoices are payable by the due date shown on them. The fee covers the Developer’s salary and payroll, as well as sourcing, vetting and our replacement guarantee.

Fees do not include VAT, sales tax or similar taxes that apply to you. Where they apply, we add them to the invoice.

If an invoice is overdue, we may pause the placement after telling you in writing. We will tell you in advance of any change to fees, and a change applies only from the next billing month.

If a Developer is not the right fit, tell us. We start finding a replacement the same day, at no extra charge.

How billing works while a replacement is found is set out in our Refund Policy.

If you are not satisfied with your Developer within the first 14 days of the engagement, tell us in writing within that period. We will end the engagement and refund the fees you paid for it in full.

Engagements run month to month. You can cancel at any time by emailing [email protected]. Cancellation takes effect at the end of the month you have already paid for, and the Developer keeps working until then so work can be handed over properly.

We may end an engagement by giving you reasonable written notice. We may end it sooner if an invoice stays unpaid after we have reminded you, or if you seriously breach these terms and do not put it right within a reasonable time after we tell you.

When an engagement ends, the Developer hands over their work in progress and any documentation, and you remove their access to your systems.

Once you have paid the fees for the month in which it was created, you own the work a Developer produces for you during the engagement, including code, documentation and designs. Our contracts with Developers assign these rights to us so that we can pass them on to you.

Developers may use open-source software under its own licence terms, and keep the general skills and know-how they bring to or gain from the work. We keep all rights in our own materials, including this site, our brand and our vetting methods.

Each of us will keep the other’s confidential information private and use it only for the engagement. Every Developer is bound by written confidentiality obligations to us, which cover your information.

This obligation continues for three years after the engagement ends, and for trade secrets, for as long as they remain secret. It does not apply to information that is public, that the other side already had, or that the law requires to be disclosed.

During the engagement and for 12 months after it ends, you agree not to hire or contract a Developer we placed with you, or a candidate we introduced to you, other than through us, unless you have first agreed a buy-out fee with us in writing.

Each of us will comply with the data protection laws that apply to us. If a Developer processes personal data on your behalf, you are the controller of that data, and we will sign a data processing agreement with you on request.

How we handle personal data about you and your team is set out in our Privacy Policy.

We will provide our service with reasonable skill and care, and every Developer we place will have passed our vetting.

Beyond that, the site and the service are provided as they are. Software can contain defects, and you are responsible for reviewing, testing and deciding what to deploy.

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

Subject to that, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill. Our total liability to you in any 12-month period is limited to the fees you paid us in that period.

Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as natural disasters, war, large-scale internet or power outages, or government action. If such an event continues for an extended period, either of us may end the engagement by written notice.

We may update these terms. The date at the foot of this page shows when they last changed. If a change materially affects an engagement that is already running, we will email you before it applies to you.

These terms are governed by the laws of the State of Delaware, USA, and the courts of Delaware deal with any dispute that cannot be settled between us.

Before going to court, we both agree to try to resolve a dispute by talking it through. Write to us at [email protected] and we will respond promptly.

Questions about these terms go to [email protected].