Terms of Service

1. About Elara

Elara is an Employer of Record (EOR) services provider operating through Elara EOR L.L.C., a limited liability company registered in the Republic of Kosovo with the Kosovo Business Registration Agency (unique identification number 812411833), with its registered office at Shpëtim Robaj 247, Prishtinë.

Elara employs individuals in Kosovo on behalf of its clients and provides employment, payroll, HR, and compliance services in accordance with Kosovo law and applicable international data protection requirements.

2. Scope of Services

2.1 Elara provides Employer of Record and related services, which may include:

• Employment contracts under Kosovo labour law
• Legal onboarding: the employment contract, tax and pension registration, and payroll setup
• Payroll processing, tax, and pension contribution administration
• Statutory compliance and reporting
• HR administration and employment support
• Benefits administration where agreed

2.2 The precise scope of services will be set out in a written agreement, order form, or statement of work between the parties.

2.3 Elara does not provide legal, tax, or immigration advice to the Client unless expressly agreed in writing.

2.4 Candidates pass right-to-work and background checks before onboarding. The Client makes the final hiring decision.

3. Employment Model & Responsibilities

3.1 Elara acts as the legal employer of individuals engaged under the EOR model.

3.2 The Client retains full responsibility for:

• Day-to-day direction and supervision of work
• Day-to-day onboarding, such as training and introductions to its team
• Task allocation, deliverables, and performance management
• Ensuring that work instructions are lawful and compliant
• Making sure that any location it controls, any equipment it provides and any travel it requires are safe

3.3 As the employer, Elara is responsible for health and safety obligations under Kosovo law, where the workplace is in Kosovo or otherwise within Elara's reasonable control. The Client gives Elara the information it needs to meet those obligations.

3.4 Nothing in these Terms creates a partnership, joint venture, or agency relationship between the parties.

4. Client Obligations

The Client shall:

4.1 Provide accurate and timely information required for employment, payroll, and compliance purposes.

4.2 Ensure that all roles, responsibilities, and instructions comply with applicable laws, including Kosovo labour law where relevant.

4.3 Cooperate reasonably with Elara in connection with audits, compliance checks, or regulatory requests.

4.4 Indemnify Elara against losses, penalties, or claims arising from inaccurate information, unlawful instructions, or Client-directed employment decisions.

5. Fees and Payment

5.1 The monthly fee is set out in the Order Form. Our standard fee is currently €350 per employee, per month, which includes candidate sourcing. Larger teams can ask for a discount. The Client also pays a one-off setup fee of €2,000 per client. There are no offboarding fees. The deposit in 5.4 is refundable and is not a fee. Elara may review the fee once a year, with written notice, as set out in the agreement.

5.2 Employment costs are passed through to the Client at cost, with no mark-up. They are the employee's gross salary, the employer pension contribution (5% of gross salary), and agreed benefits and expenses. Equipment, such as a laptop, is passed on at cost. Office space and other services are extra and agreed in advance.

5.3 Unless otherwise agreed:

• Invoiced monthly in advance, in euros: one consolidated invoice, issued after commission amounts are approved
• Cleared funds must be received 10 working days before the payroll date
• No VAT applicable

5.4 Two months' employment costs for each employee are paid as a deposit before the first payroll. The deposit is refundable and is not a fee. It may be used for any amounts due under the agreement, including fees. The unused balance is returned after the final reconciliation.

5.5 These terms are subject to the EOR Services Agreement.

5.6 If cleared funds are not received 10 working days before the payroll date, Elara may, after written notice, suspend only non-statutory services, such as onboarding new employees, recruitment and optional extras. Wages, tax and pension payments for employees continue, because Kosovo law does not allow them to be suspended.

6. Employment Matters

6.1 Employment contracts, employee rights, and statutory obligations are governed by Kosovo labour law.

6.2 Elara will administer employment matters in good faith and in accordance with local legal requirements.

6.3 The Client acknowledges that employment can end only on the grounds Kosovo law allows, with statutory notice periods and procedures which cannot be waived. The Client covers the costs of ending an employment, as set out in section 12.3.

6.4 Any termination or material employment change must be coordinated with Elara in advance.

7. Data Protection

7.1 Each party shall comply with applicable data protection laws, including Law No. 06/L-082 on Personal Data Protection of the Republic of Kosovo, the EU General Data Protection Regulation and the UK General Data Protection Regulation where they apply.

7.2 As the legal employer, Elara is a controller of employee and candidate data for employment purposes, such as contracts, payroll, tax, pension and statutory records. The Client is a separate controller for data it uses for its own business purposes, such as directing work and managing performance. Elara acts as a processor only for limited tasks it carries out on the Client's documented instructions.

7.3 Each party tells the other within 24 hours of becoming aware of a personal data breach. Where Elara is the controller, it notifies Kosovo's Information and Privacy Agency within 72 hours where the law requires.

7.4 The data protection terms of the signed EOR Services Agreement set out the details.

7.5 Further information is set out in Elara's Privacy Policy and Employee Privacy Notices.

8. Confidentiality

8.1 Each party shall keep confidential any non-public information disclosed in connection with the services.

8.2 Confidential information may be disclosed only:

• Where required by law or regulation
• To professional advisers under confidentiality obligations
• With the other party's prior written consent

8.3 These obligations survive termination of the agreement.

9. Intellectual Property

9.1 Each party retains ownership of its pre-existing intellectual property.

9.2 Work created by your team for you belongs to you from the moment it is created. Employees' contracts include the necessary transfer of rights and confidentiality terms.

10. Warranties and Disclaimers

10.1 Elara warrants that it will provide the services with reasonable skill and care.

10.2 Except as expressly stated, all warranties and conditions are excluded to the fullest extent permitted by law.

10.3 Elara does not guarantee any commercial, financial, or employment outcome for the Client.

11. Limitation of Liability

11.1 Neither party shall be liable for indirect, incidental, or consequential losses.

11.2 Each party's total liability arising out of or in connection with the services is limited to the service fees (not including salaries and other employment costs) paid and payable by the Client in the 12 months before the event giving rise to the claim.

11.3 This limit does not apply to indemnities, breaches of confidentiality or data protection, the Client's obligation to fund employment costs, fees and the deposit, Elara's obligation to pay over the tax and pension contributions the Client has funded, or liability which cannot be limited by law (including for fraud).

12. Term and Termination

12.1 The Client pays for at least 3 months for each employee (the fee and employment costs), even if the placement ends sooner. After that, an individual employee's placement can be ended with 30 days' written notice.

12.2 Either party may end the agreement immediately if the other party commits a serious breach, does not pay, or becomes insolvent.

12.3 Ending a placement does not by itself end anyone's employment. Elara helps move the employee to another employer or ends their employment lawfully. Any notice pay, severance and accrued leave due to the employee under Kosovo law are passed through to the Client at cost. Kosovo law sets the employee's notice period by length of service (30 to 60 days), which may be longer than the Client's 30 days' notice; the difference is charged at cost. Employees protected from dismissal (for example during pregnancy or maternity leave) continue to be employed and funded until their employment can lawfully end.

12.4 Upon termination:

• All outstanding fees become due
• Elara provides a final reconciliation and then returns the unused deposit
• Personal data is handled in line with the signed agreement and our Privacy Policy

12.5 The signed EOR Services Agreement sets out the full termination terms.

13. Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond its reasonable control, including governmental actions, regulatory changes, or infrastructure failures.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Kosovo.

Disputes are resolved by negotiation, then mediation, then LCIA arbitration in London, as set out in our EOR Services Agreement. The signed agreement sets out the details.

15. General

15.1 These Terms constitute the entire agreement between the parties in relation to the services.

15.2 Amendments must be agreed in writing and signed by both parties.

15.3 If any provision is found unenforceable, the remaining provisions remain in full force and effect.

16. Contact

Questions about these Terms can be sent to:

Elara EOR L.L.C.
Registered office: Shpëtim Robaj 247, Prishtinë, Republic of Kosovo
UK correspondence address: 25 Oriental Square, London, NW9 0FR
Email: info@elara-eor.com