- 1. DEFINITIONS
- 2. SERVICES PROVIDED
- 3. EMPLOYER AGREEMENT
- 4. EMPLOYEE AGREEMENT FOR BIKES AND ACCESSORIES
- 5. EMPLOYEE AGREEMENT FOR TRAVEL PASS
- 6. PURCHASE AGREEMENT
- 7. COSTS TO THE EMPLOYER AND EMPLOYEES
- 8. INVOICING
- 9. PAYMENT
- 10. SERVICING & WARRANTY OF BICYCLE AND ACCESSORIES
- 11. DATA PROTECTION
- 12. CONFIDENTIALITY
- 13. AMENDMENTS
- 14. NON-ASSIGNMENT
- 15. ENTIRE AGREEMENT
- 16. COMPANY DETAILS
Bike to Work Ltd refers to Bike to Work Ltd
TravelHub refers to the service offered by Bike to Work Ltd, whereby Bike to Work Ltd facilitates the supply of Travel Pass tickets, and bikes and accessories.
Cycle to Work Scheme refers to Bicycle and Accessories supplied under the Revenue benefit-in-kind exemption for the provision of bicycles and associated safety Bicycle and Accessories by employers to directors and employees.
Travel Pass refer to tickets supplied using the Revenue benefit-in- kind exemption for monthly/annual bus, train or ferry passes.
Bicycle and Accessories refers to bike and accessories purchased under the Cycle to Work Scheme.
Partner Shop refers to bike shops partnered with TravelHub to supply Bicycle and Accessories to the Employee.
Operators refers to public transport operators who supply monthly or annual Travel Pass Tickets for buses, trains and ferries in accordance with the Revenue guidance for the Travel Pass Scheme.
Voucher Code refers to the numerical code issued by TravelHub authorising a Partner Shop to release the Bicycle and Accessories to the Employee. Salary Sacrifice refers to when an Employee gives up part of their salary for the Bicycle and Accessories provided by the Employer.
Purchase Term refers to the period during which the Employee repays their Salary Sacrifice in accordance with a Purchase Agreement.
Employer refers to the organization which employees the Employee who is getting the Bicycle and Accessories or Travel Pass Ticket. Employee refers to the employee of the Employer who is getting the Bicycle and Accessories or Travel Pass.
2. SERVICES PROVIDED
2.1 TravelHub will facilitate the purchase and supply of Bicycle and Accessories and Travel Pass to the Employee in accordance with the guidance provided by Revenue.
2.2 TravelHub will not directly supply the Bicycle and Accessories and public transport services but will facilitate this through Partner Shops and Operators.
3. EMPLOYER AGREEMENT
3.1 Under the terms of the agreement the Employer will exclusively use TravelHub for the facilitation of the Cycle to Work Scheme and the Travel Pass Scheme for the duration of the agreement.
3.2 This agreement shall last for an initial term of 30 days. After the initial term the agreement will continue on a 30 days rolling basis unless terminated in accordance with this clause. This agreement may be terminated by either party on providing 30 days written notice to the other party
4. EMPLOYEE AGREEMENT FOR BIKES AND ACCESSORIES
4.1 The Employee is responsible for visiting the Partner Shop of their choice and selecting their Bicycle and Accessories prior to the Partner Shop generating a quote. This quote will be on an official TravelHub quotation forms. The employee should print the quote form from the Employer microsite. The Employee then submits the quotation online at the Employer microsite. Once approved by the Employer's administrator an invoice will be sent to the Employer. Once payment is received by TravelHub a Voucher code will be sent to the Employee. Before TravelHub issue the Voucher code the Employee must sign a Purchase Agreement, which authorises Salary Sacrifice reductions from the Employee's gross wages. A sample for this form will be provided by TravelHub. This form can be amended by the Employer as they see fit.
4.2 To collect the chosen Bicycle and Accessories, the Employee must produce photographic identification in the form of Employee identification, driving licence or passport to the Partner Shop.
4.3 Once the Bicycle and Accessories is collected it is the Employees responsibility to insure the Bicycle and Accessories. Any theft or damage of the property will be the Employees responsibility, not the Employer's.
4.4 TravelHub accept no responsibility for loss or damage to the Bicycle and Accessories after the Voucher code is issued.
4.5 The Voucher code is non transferable and is not redeemable for cash.
4.6 If the Partner Shop does not have the chosen bike or Bicycle and Accessories in stock the Partner Shop will arrange for the Bicycle and Accessories to be brought into stock within a reasonable time period or supply similar Bicycle and Accessories to the same value.
4.7 If the employee wishes to take Bicycle and Accessories to a greater value than the €1,000 allowed under the scheme, the employee may do that. However, the difference must be paid by the Employee at the point of sale and is not covered under the Salary Sacrifice arrangement.
5. EMPLOYEE AGREEMENT FOR TRAVEL PASS
5.1 TravelHub will list all the available Travel Pass tickets from TravelHub's partner Operators on the Employer Microsite. The Employee will visit this site and chose their Travel Pass ticket.
5.2 The Employee can note their preferred date for the start of the Travel Pass. However particular operators may start all their Travel Pass tickets on a particular date. TravelHub will not issue tickets before payment of the Invoice so the start date will be after this date.
5.3 Once TravelHub forwards the Travel Pass ticket to the Employer or Employee, then TravelHub cannot cancel the Travel Pass Ticket. Depending on the particular Operator's terms and conditions some operators may offer refunds. If an Employee receives a refund for part of a Travel Pass ticket they may become liable for the tax that they saved on that part of the ticket. The Employer and Employee must address these issues if a refund is sought from the Operator.
5.4 The National Transport Authority is in the process integrating Travel Pass tickets with the new Leap Card Integrated Tickets. If this is completed before the Travel Pass tickets expire then either (a) the Employees can continue to use their passes until the year ends or (b) the Employee will arrange with the Operator to swap their annual pass for an Leap Card with the remainder of the yearly pass loaded on to it.
6. PURCHASE AGREEMENT
6.1 A sample Purchase Agreement document will be provided by TravelHub. Nevertheless this Purchase Agreement contract is between the Employer and Employee. By signing the Purchase agreement the Employee authorises the Employer to deduct the cost of the Bicycle and Accessories or Travel Pass from the Employee's salary until the Bicycle and Accessories or Travel Pass is paid in full. Revenue rules state that the Salary Sacrifice deductions must be completed within 12 months of the purchase of the Bike and Accessories or Travel Pass.
7. COSTS TO THE EMPLOYER AND EMPLOYEES
7.1 There is no charge to the Employer for the standard service TravelHub provides for either Bikes and Accessories or Travel Pass Tickets.
7.2 There is no charge to the Employee for Bikes and Accessories supplied under the Cycle to Work Scheme. TravelHub. have an arrangement with their Partner Shop where the Partner Shops will pay TravelHub a commission on sales generated. This commission should not be passed on to the Employer or Employee.
7.3 For Travel Pass tickets TravelHub. will charge the Employee a booking fee of 4% of the value of the Travel Pass ticket. This Booking Fee will be included in the Travel Pass tickets available on the system. The booking fee will be included in the Invoice to the Employer and is eligible for inclusion in the Salary Sacrifice.
7.4 If a roadshow is requested by the Employer to promote the scheme this will be facilitated by TravelHub or one or more of our Partner Bike Shops and Operators. The Employer must previously have promoted the scheme on site to Employees through posters and / or flyers. Reasonable on-site promotion by TravelHub and/or the Partner Shops and/or Operators will be at no cost to the Employer.
7.5 TravelHub can provide reasonable quantities of marketing material in the form of leaflets and posters for the Employer to advertise the scheme at no cost to the Employer. The quantities will be agreed between TravelHub and the Employer.
8.1 Following the approval of an Employee's quotation by the Employer, TravelHub will generate an invoice.
8.2 The frequency of the invoicing can be agreed with the Employer.
9.1 The Employer is responsible for the prompt payment of invoices from TravelHub to ensure vouchers are issued to Employees as soon as possible. This will speed up the supply of Bicycle and Accessories and Travel Pass tickets. If previously agreed with the Employer payment can be made every 30 days but this means that Bicycle and Accessories and Travel Pass tickets can only be supplied once every 30 days.
9.2 TravelHub will not issue Vouchers for Bicycle and Accessories of Travel Pass Tickets until payment has been received.
10. SERVICING & WARRANTY OF BICYCLE AND ACCESSORIES10.1 All Bicycle and Accessories will be provided by TravelHub's Partner Shops. TravelHub will not directly supply any Bicycle and Accessories. All servicing and warranty will be provided by the Partner Shop, who will be the contact point for any queries or faults.
11. DATA PROTECTION
We protect your personal information and data. We will only use the information that we collect lawfully in accordance with the Data Protection Acts, 1988 and 2003, the EU General Data Protection Regulation and/or other applicable data protection laws. Nothing in this agreement relieves Bike to Work Ltd of its own direct responsibilities and liabilities under the GDPR.
11.2 Subject Matter
The site will be used to collect data on Employees of the Employer who will be considered data subjects under the GDPR. The Employer is the Data Controller and Bike to Work Ltd is a data Processor.
For bike orders (if enabled) we will collect: first name, middle initial, last name, Employer name, work phone, work email, work address. For ticket orders (if enabled) we will collect the same information as for bike order and in addition: a photo, LeapCard public transport smart-card ID. On request from the Employer we can also collect Employee ID or other additional fields. For HR contacts on the account we may also collect the position of the HR contact in the Employer.
11.3 Nature of and Purpose of Processing
We will use the data to process bike and ticket orders and renewals (depending on the services enabled), and the deal with queries from Employees.
For Cycle to Work Scheme orders (if enabled), we may transfer the Employee name and surname to the bike shop along with the details of the quote for the bicycle and accessories. The Employee may wish to give the shop additional information to allow them to order the bicycle, arrange collection, or as part of any warranty for the goods. The Employee is responsible for transferring this data to the bicycle shop and the bicycle shop will be the controller of this data which will be administered using the bicycle shop's systems.
For Travel Pass tickets (if enabled) we may transfer the following data to the Public Transport Operator in order to process the ticket: first name, middle initial, last name, Employer name, work email, work phone, work address, photo, Leap Card public transport integrated ticket ID. In these cases the Public Transport operator will become a data controller for this data and will administer the data using their systems. The Employee should make contact directly with the operator regarding their individual data rights.
We may send news and marketing emails about our services and related services to employees, but only if they opt in to this. We will not sell employee data or transfer employee data to any third parties for marketing purposes.
We will retain data on Employees for seven years after the Employee has last placed an order. After this we will anonymise the data in our database. This is to facilitate the processing of orders and renewals of orders and to retain records of invoices and purchase agreements in case of audit.
11.5 Data Processing Terms
Bike to Work Ltd will:
- Only process data on the written instruction of the Employer, unless required by law to act without such instructions, in which case Bike to Work Ltd shall inform the Employer of that legal requirement before commencing Processing unless that law prohibits such information on important grounds of public interest.
- ensure that all staff that process personal data are subject to suitable confidentiality obligations;
- comply with the security requirements set out in the requirements of Article 32 of the GDPR;
- not disclose or transfer Personal Data to any sub-processor without Employer's written prior consent except where such disclosure or transfer is to a sub-processor which, prior to such disclosure, has agreed by written contract to be bound by obligations that are no less onerous than the obligations set out in this agreement and undergone a thorough assessment for compliance with these obligations conducted by Bike to Work Ltd and agreed to be assessed periodically by Bike to Work Ltd. A list of data sub-processors at the date of the creation of this agreement follows. Bike to Work Ltd will give 30 days notice of any proposed changes to sub-processors.
- provide all assistance to Employer necessary to meet its obligations in respect of Data Subject rights, including the right of information, access, rectification, restriction, erasure, portability and opposition, and the right not to be subjected to automated decision-making;
- provide assistance to Employer in performing, where required, a data protection impact assessment and in consulting with competent authorities;
- notify Employer within 48 hours of:of discovering a Personal Data Breach, in which case Bike to Work Ltd shall
- as part of such notification describe the nature of the incident and, where possible, the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned, and explain the impact of such Personal Data Breach upon Employer and the Data Subjects whose Personal Data is affected by such Personal Data Breach;
- in no case delay notification because of insufficient information but instead provide and supplement notifications as information becomes available; and
- in cooperation with Employer, use its best efforts to investigate such Personal Data Breach and take all necessary and appropriate corrective action to remedy such breach and prevent a recurrence of such breach; any request for information from or complaint by a data protection authority / Supervisory Authority in relation to Personal Data that Bike to Work Ltd Processes for the purpose of providing the Services; any request to Bike to Work Ltd by a Data Subject to exercise rights such as to access, rectify, amend, correct, share, delete or cease Processing his or her Personal Data.
- retain Personal Data only for as long as necessary to perform the Services or as required by applicable law. Bike to Work Ltd shall, consistent with Employer's direction following expiration or termination of this Agreement, return or safely destroy all Personal Data that Bike to Work Ltd obtained in connection with performing the Services, including all originals and copies of such Personal Data in any medium. Bike to Work Ltd shall promptly notify Employer in writing once all such information has been returned or destroyed (as applicable in accordance with Employer's direction). Where continued storage is required by Union or Member State law, Bike to Work Ltd shall inform Employer of those requirements. The provisions of this agreement shall continue to apply to the Personal Data concerned, and Bike to Work Ltd shall only Process this Personal Data to meet its legal obligations;
- allow Employer or another auditor mandated by Employer to audit compliance with this agreement;
- immediately inform Employer if Bike to Work Ltd is of the opinion that an instruction of Employer regarding Processing Personal Data violates, or would cause Employer or Bike to Work Ltd to violate, applicable data protection laws;
- Process Personal Data only at the locations and/or geographies specifically agreed to by the parties, if any, and shall not change them without Employer's express prior written consent.
- In addition to Bike to Work Ltd's obligations with respect to indemnification under the Agreement, where Bike to Work Ltd becomes aware that it will or may face a claim under Article 82 of the GDPR in relation to Processing of Personal Data for or on behalf of Employer that Bike to Work Ltd shall:
- promptly inform Employer of the claim or potential claim and provide all material detail concerning the claim and the progress of the claim insofar as is known to Bike to Work Ltd, and
- provide Employer with all material detail concerning the underlying circumstances that gave rise to the claim or potential claim. Irrespective of its rights under Article 82(5) of the GDPR, Bike to Work Ltd shall defend any such claim prudently.
- Where Employer faces an actual or potential claim under Article 82 of the GDPR concerning Processing by Bike to Work Ltd of Personal Data for or on behalf of Employer, Bike to Work Ltd shall provide all materials and information requested by Employer that are relevant to the defence of such claim and the underlying circumstances concerning the claim.
11.6 Data sub-processors at the time of creation of this agreement Bike to Work Ltd has the following data sub-processors:
- Data centre hosting: Blacknight Internet Solutions Ltd.
- Software development and system administration: Happy Digital Srl
- Omni-channel support system: Zendesk inc
- Office network storage: Dropbox International Unlimited Company. This does not typically store employee data which is stored in our server database. Limited employee data may be stored on Dropbox for handling exceptions or for the creation of ad-hoc reports.
12. CONFIDENTIALITY12.1 TravelHub agrees not to divulge any information relating to the Employer and will consider any confidentiality agreements required by the Employer.
13. AMENDMENTS13.1 Any amendments to this Agreement are valid only if previously agreed by TravelHub and the Employer. This agreement must be in writing.
14. NON-ASSIGNMENT14.1 This Agreement may not be assigned or transferred by either party without the prior written consent of the other.
15. ENTIRE AGREEMENT15.1 This Agreement consists of the final and complete statement of the terms of the Agreement between TravelHub and the Employer and supersedes all prior understandings or agreements of the parties.
16. COMPANY DETAILS
Bike to Work Ltd
175 Ivy Exchange, Granby Place, Parnell Square West, Dublin, D01 Y070
+353 1 514 3520 | firstname.lastname@example.org
Company Registration number: IE464697 | VAT No. IE9500220F