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EOR buying guide

Contracts & responsibility

Understand how the employment relationship and the commercial agreement fit together.

The decision you are making

Read the agreement as a map of responsibility. The customer agreement, country order form and employee contract may answer different questions; they need to work together for your proposed hire.

Identify the documents that govern the service

Request the actual agreement and the country schedule before deciding. A website description can explain the offer but does not establish the liability allocation. Ask which document wins if the order form and standard terms differ.

  • Legal employer and customer contracting entity.
  • Country schedules and employment documents.
  • Order of precedence and the process for future changes.

Trace responsibility for a problem

Use a payroll error, an employment claim and a data incident as examples. Ask who controls the response, who must cooperate, who pays and whether an indemnity sits outside the normal liability cap. Take the answers to your legal reviewer with the relevant clauses.

  • Liability caps, exclusions and uncapped obligations.
  • Control of employment decisions and settlement.
  • Insurance cover and the party it protects.

Check the IP and confidentiality chain

A promise that you own the work should connect the employee, the employing entity and your business. Identify any required assignment or country-specific document. Check confidentiality and access to employee information separately from ownership of work product.

  • Employee obligations and provider assignment.
  • Existing IP and third-party material.
  • Records you can retain after employment or service ends.

From the research: Remote

August 2026 general liability cap is relevant service fees in the contract year; specified indemnities, confidentiality/IP/DPA breaches generally have a 5x service-fee cap. Employment Services and COR indemnities are expressly outside both caps. Exclusions include employee conduct/qualifications, prior/future engagements, customer policies, permanent-establishment determinations and a finding that the worker is employed by the customer. Customer payment obligations remain uncapped. This is a document summary, not an enforceability assessment.

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From the research: Oyster

February 2025 customer terms cover Team Member Services; individual agreements and addenda can override them.

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From the research: Remundo

Clauses2.6 and6: Remundo remains jointly/severally liable for affiliate obligations under Work Orders. Liability exceptions cover death/personal injury caused by negligence, fraud and legally non-excludable liability. Consequential/data-related losses and force-majeure losses excluded. Remundo cap isGBP1million for a single event or related series. Clause6.3 imposes broad client indemnity for staff/Work-Order claims and related costs; clause3.1(c) separately excepts costs caused by Remundo breach. Their interaction needs a negotiated clarification; public copy alone does not determine enforceability.

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Take this into your provider call

Which responsibilities stay with us, which transfer to you, and where are liability and IP addressed?

Give each shortlisted provider the same scenario and ask for the answer in the documents you will sign. Record the owner, any extra cost and what remains to be agreed. That makes the final comparison practical for HR, finance and the employee.

Sources & editorial notes

Research preview · Editorial review pending.

Sources & evidence

Provider statements describe advertised terms. They are not independent audits.

  1. Remundo-Standard-Terms-of-Service-v1.04.pdf
    Remundo · documentation · Checked 17 Sept 2026

    Recovered full current service contract

    Provider-issued document
  2. Terms of service | Remote
    Remote · documentation · Checked 16 Sept 2026

    Public source inspected; limitations and product scope retained in assessment.

    Provider-issued
  3. Oyster · App
    Oyster · documentation · Checked 15 Sept 2026

    Captured public source; analysis and qualifications are stored in separate findings.

    Provider-owned content; claims require corroboration.
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