Swedish PayoutsTerms & ConditionsSwedish Payouts
This agreement, Gigapay’s Terms and Conditions, and other agreements and policies available on our site contain the terms and conditions under which Gigapay offers you access to Gigapay’s websites, services, applications, and tools (the “Service”).
All terms and policies including Gigapay’s Terms and Conditions - International Payouts, Privacy Notice, and Cookies Policy, are part of this agreement (“Agreement”). By using the Service, you agree to this Agreement. When accessing the Service, you enter into an Agreement with Gigapay Sweden AB (business registration number 559070-3616), Box 3181, 103 63 Stockholm (“Gigapay” and “we”).
Extent
The purpose of these Terms and Conditions is to facilitate the administration and payment of Independent Contractors (“User”) who provide services in the creator economy (“Assignments”) for external principals (“Client”) in an international setting. The terms and conditions also explain how we expect you to use the Service – whether you are a registered User, Client, or unregistered site visitor on our website and/or Service.
Your access to and use of our Service are conditioned on you accepting and complying with the Terms and Conditions. The Terms and Conditions apply to all visitors, Users, Clients, and others who have access to or use the Service and/or another service connected to the Service. By visiting or using the Service you accept and are bound to the Terms and Conditions.
If you are representing a legal entity, you confirm that you have the right to sign agreements for the legal entity you represent. You may be held personally liable and liable for reimbursement for any damage that may occur as a result of not having such authority.
Special terms and conditions apply outside of Sweden. Users using the Service outside of Sweden shall comply with the Terms and Conditions - International Payouts.
The Service
As per Gigapay’s capacity as a merchant of record and employer of record, Gigapay becomes a formal counterpart in the relationship between the User and the Client.
When acting as a merchant of record, Gigapay buys the User’s Deliverable and concurrently resells said Deliverable to the Client. When acting as an employer of record (Swedish: egenanställningsföretag), Gigapay formally becomes the employer of the User using the Service as an onboarded individual.
The Service provided by Gigapay includes (i) administrative support for the Client and the User; (ii) the handling of billing; (iii) a compliance engine enabling the onboarding of the User; (iv) offering various payout solutions to the User; (v) salary payments and short term employment (“särskild visstidsanställning” in Swedish) for Swedish Users using the employer of record Service; (vi) and reporting to the relevant tax authority, when applicable.
This means that both the Client and the User can minimize their administration. The User and the Client receive access to accounts in the Service (“Service account”), specifically catered to help with the administration surrounding the payouts sent and claimed through the Service. Gigapay seeks to facilitate cooperation between parties working in the creator economy, and in some cases, described more broadly, the digital economy.
Gigapay partners with payment service providers (“PSP”) to collect payments from Clients, and transfer such payments to the Users. The payment service connected to the payouts and other payments performed in the Service are all performed by Gigapay’s PSPs.
Gigapay intends to keep the Service available every day of the year but reserves the right to shut down the Service or parts of the Service during updates and/or maintenance. Gigapay is not responsible for any disruptions in the availability of the Service that may occur due to, for example, insufficient internet connection, disruptions at the web host, during maintenance of the Service, disruptions on the Client or the User’s side, or disruptions at subcontractors such as, but not limited to, PSP, banking and identification services.
Registration and access to the Service account
In order to access the Service, you will need to create a Service account and complete the onboarding process. The different terms and conditions tied to the Clients’ Service account (“Client account”) and Users’ Service account (“User account”) are defined in this Section.
User account
Requirements to use the Service
To use the Service, you have to be at least sixteen (16) years of age and have consent from your legal guardian(s) if you are under the age of eighteen (18). In addition, you are required to have a Swedish personal number or coordination number, a Swedish bank account, and permission to work in Sweden.
Onboarding
When a User first signs in to the Service, they will be asked to complete an onboarding process. The information requested and provided during the onboarding process enables Gigapay to fulfill its obligations as a merchant of record and an employer of record. Gigapay is committed to facilitating efficient onboarding, offering tailored solutions for Users supported by the Service. The information collected during the onboarding process is specifically requested for both the identification of the User and the tax reporting that may follow after the payment of compensation has been performed.
During onboarding, the User will typically be able to pick between three onboarding options (“Status”). They may onboard as (i) an individual using our employer of record Service, (ii) a sole trader (Swedish: enskild näringsverksamhet), (iii) or a company. The User may also change their Status in the Service if they register their activity or change their Status along the way. In this case, Gigapay will update and verify the required information for that specific Status.
You may use your mobile BankID or email address to log in and onboard to the Service. When onboarding as a sole trader or company, the User may onboard with their BankID for a quicker onboarding. Their company information will be prefilled in the Service if the company is tied to the BankID. There may be circumstances where the User will need to fill in the company details manually.
Gigapay may need to verify your information to comply with applicable laws. The verification may include the validation of your information against third-party databases or the verification of official or legal documents that confirm e.g. your identity, tax information, details about your business, and your ability to act on behalf of your business through Gigapay. You authorize Gigapay, directly or through third parties, to make any inquiries necessary to validate e.g. your identity, right to work in Sweden, ownership of your business, tax information, and relevant documents. When requested, you are required to provide Gigapay with additional information and cooperate with other reasonable requests Gigapay is making to verify your identity or eligibility to receive compensation through the Service. During a verification process, features in your account may be temporarily limited. They will be restored if the verification is successful.
The information requested during the onboarding may vary slightly depending on the User’s Status, but may include i.a. Name, address, personal number, coordination number, nationality(ies), VAT number (if relevant), date of birth, copy of an ID, Bank account number, name of agency, residence permit (Swedish: uppehållstillstånd) or LMA card (Swedish: LMA-kort). The User will not be able to receive compensation, without providing the information requested during their onboarding.
You may find more information on how your personal data is being processed in our Privacy Notice.
Act as someone else and misuse of documents
You are not allowed to act for someone else and, for instance, receive compensation for someone else’s work. It is not allowed to register on Gigapay with e.g. someone else’s ID, BankID, LMA-card, or residency permit. Similarly, it is not allowed to add someone else’s personal information or company information on your profile or your invoices. It is illegal to borrow someone else’s personal documents and pretend to be that person. The User shall only share information that, to the best of their knowledge, is correct and true. This includes information such as personal number, company registration number, and country of work. Gigapay may take legal action against impersonation, deception, and misuse of documents such as borrowing or counterfeiting personal documents.
Agencies
In the case the User is an agency (“Agency User”), said agency may create an agency Service account from which they may manage the payouts to one or multiple Independent Contractors. Agencies go through a manual onboarding process before receiving access to the regular onboarding process. Because of their relationship with the Client and Independent Contractor, Agency Users may only onboard as a company or a sole trader. Agency Users are required to invoice in their agency’s name and shall fill in the information tied to their agency during onboarding or when they are invoicing Gigapay.
Agency Users are bound by all terms defined within these Terms and Conditions. When the User is an agency, the agency becomes Gigapay’s formal counterpart. The compensation sent out to the agency may be reported to the tax authorities (if applicable) and will be treated as any other payment of compensation.
The Agency User shall for all purposes be considered as having the formal relationship with the Independent Contractor and shall bear the full responsibility towards the Independent Contractor with regards to for example payment of compensation, tax reporting, and more.
In the event that an Agency User would like to take over the administration of another User’s account or represent another User, additional information will be requested from all parties concerned.
Inactive User accounts and unclaimed compensation
Gigapay reserves the right, to the extent permitted by applicable law, to terminate accounts that have been inactive for more than one (1) year.
The User shall claim the compensation for a fulfilled Assignment within one (1) year after notification that the payment is available in the Service. After one (1) year, the User loses the possibility to claim payment of the compensation and Gigapay has the right, to the extent permitted by applicable law, to retain unclaimed compensation amounts. This means that the Service relationship between Gigapay and the User ceases after one (1) year and Gigapay is considered to have fulfilled its obligations as a merchant of record.
Client account
The Client is onboarded manually by Gigapay after having entered into an agreement with Gigapay. The Client is responsible for assigning the permissions and giving access to the Service to an authorized employee (“Administrator”). By assigning permission to an Administrator, the Client acknowledges that they are responsible for any action carried out by said Administrator. Such actions could be, but are not limited to, creating and paying payouts, accessing payout data, and connecting new Users to the Client. The Client cannot hold Gigapay liable for actions carried out or any costs incurred by the assigned Administrator. In the event that the Client wants to add or remove any of the Administrators, they shall contact Gigapay or, to the extent possible, manage it in Gigapay’s Service.
Activity on the Service account
You are responsible for all activity on your Service account. By granting access to the account to another person than yourself, you agree that: (i) the person who has access to the account is authorized to act on your behalf; and (ii) you are fully responsible and liable for what the person does and/or does not do, with respect to sending out payments, claiming payouts, and entering into agreements, including the terms and conditions. If any person who has been granted access to your Service account violates the terms and conditions, it may affect your ability to use our Service. Furthermore, you are responsible for maintaining the confidentiality and security of the credentials used to access your Service account.
The User’s Assignment
Merchant of Record Service for Companies or Sole Traders
The User’s Status
The User is an independent contractor or self-employed worker who receives payment through the Service after undertaking Assignments for the Client. The User is always considered to be a separate and independent entity from Gigapay for all purposes. The User represents and warrants that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The User is responsible for subscribing to their own insurance(s), registering their activity and/or for licenses (if required by applicable legislation), and ensuring they acknowledge and comply with applicable laws and regulations.
The User tax duties include inter alia: (i) Paying any direct or indirect taxes; (ii) Paying any Value added taxes (“VAT”); (iii) Social fees and contributions; (iv) Personal income tax, which may vary depending on residency, location, or otherwise, under provisions of his jurisdiction; (v) Municipal Fees; (vi) Other taxes that may be relevant for the User.
After having registered with Gigapay, the User takes full responsibility for procuring and fulfilling Assignments that generate revenue and is bound, in relation to Gigapay, not to hold Gigapay liable for any form of compensation claim that the Client may have towards Gigapay, despite Gigapay being the formal counterpart of the Client.
Commission-based compensation
The payout is entirely based on “commission” and is dependent on the Client paying for the User’s delivery of the Assignment. The User understands that the payout is dependent on the Client paying for the User’s delivery of the Assignment. The User will not hold Gigapay liable for any late payment and/or absence of payment because of circumstances beyond Gigapay’s control. Such circumstances include but are not limited to disturbances on Gigapay’s PSP’s side and late payment or absence of payment from the Client's side.
Any claim regarding the Client’s decision to cancel payments or to not perform a payment to a User shall be handled directly between the Client and the User.
The Assignment performed by the User
The Assignment performed by the User is typically tied to the creator economy, such as but not limited to, influencer marketing, blogging, user generated content (UGC), and gaming.
It is up to the Client and the User to determine in more detail which tasks are to be carried out to complete the Assignment. The User and the Client shall sign an agreement regarding the Assignment's nature, compensation, and deliverables tied to the Assignment.
The Service relationship between Gigapay and the User starts when the User receives a notice from Gigapay stating that a payout can be claimed in the Service and ceases when the payout has been claimed and received by the User. With each Assignment, a new service relationship arises between the Client and Gigapay and between Gigapay and the User.
Responsibilities regarding the Assignment
Through the use of the Service, the User, and the Client have a mutual responsibility towards each other and must hold Gigapay out of liability within the scope of this Agreement for such circumstances that are not covered within the scope of the Service that Gigapay performs.
The User is responsible for the Assignment(s) they are performing, for the professionality of their performance, and for following their Client’s instructions. Any complaints and remarks must be handled between the User and the Client directly. The User is responsible for remedying any errors and defects in their delivery, if required contractually between the Client and the User.
The Client is responsible for leading or instructing the User about the Assignment(s) and how they should be carried out as if the User was the Client’s direct subcontractor. The Client is responsible for loss and damage, including reputational damage, that the User may cause to a customer or third parties within the framework of the User’s Assignment. The Client and the User are free to agree on how such damage should be settled between both parties, provided that Gigapay is held out of liability.
Fair conditions
Gigapay has to be used under good conditions between the User and the Client. It is not permitted to carry out dangerous tasks that may cause damage to a person. The User and the Client are responsible for maintaining a good work environment and compliance with laws and regulations at any given time. Gigapay reserves the right to, at its own discretion, decline the registration of a User or remove access to the Service to a User or a Client.
Insurance
It is the responsibility of the User and the Client to have the necessary insurance so that the Assignment can be carried out safely.
Employer of record Service for individuals
The User’s Status
Gigapay is operating as an employer of record or Umbrella Company in Sweden.
Gigapay is acting as an employer while a Swedish User or a User with ties to Sweden undertakes Assignments for the Client and is registered as an individual in the Service. Gigapay handles administrative functions such as invoicing, payroll, and taxes for Swedish Users or Users with ties to Sweden. Employment only occurs if the User has been approved and registered by Gigapay and the User has committed to an Assignment through Gigapay. Activities that are not directly linked to the Assignment are not covered by the employment. The employment ends when the User has fulfilled the Assignment for the Client.
In cases where a User has previously been using Gigapay in a country other than Sweden and is now using Gigapay as a Swedish User, these Terms and Conditions replace the Terms and Conditions - International Payouts that were previously entered into. In this case, Gigapay may, if the User registers as an individual in the Service, act as the employer when the User is using the Service.
Sick pay
In the unfortunate event of getting sick, or otherwise physically or mentally in-apt to work, the User may be entitled to sick pay according to the Sick Pay Act (Swedish: Lag (1991:1047) om sjuklön), provided that some requirements are met. Gigapay's responsibility as an employer is to comply with the sick pay act and pay out compensation in the event of illness as prescribed by the law. When you are sick, you should inform both the Client and Gigapay that you will not be able to work on the scheduled date. It should be done as soon as possible. The preferred way of doing this is to submit the form on Gigapay’s website. You shall also send us an email at sjukanmalan@gigapay.co.
You may be entitled to sick pay during the first 14 days provided the following conditions are all met:
- You need to be using Gigapay’s employer of record Service (Swedish: egenanställd) in Sweden.
- Sick pay is only processed for the days and hours you would have worked via Gigapay. This entails that the User must have been scheduled to work on the day(s) they are being sick.
- You must have worked continuously for 14 days prior to the illness (qualifying period). This applies to employment shorter than one month: Employment is counted together provided that the gap between two working dates is not greater than 14 days.
- Evidence that work was agreed upon before you fell ill, such as emails, text messages, timesheets, or Assignment contracts.
- You are required to share a medical certificate proving that you were sick. This has to be done from day 1.
Please note that you are not entitled to sick pay if the requirements are not met. Gigapay will assess on a case-by-case basis whether you are entitled to sick pay or not.
Vacation pay
The User is, in accordance to Semesterlagen § 5, not entitled to vacation leave during the employment. However, the User is entitled to compensation for the vacation of twelve percent (12%) of paid out salary, which is included in the salary amount announced in the Service.
Accidents and incidents at work
In the unfortunate event of an accident, the User shall first make sure to receive the proper emergency care that is required and contact the emergency services if necessary.
If a User has been involved in an accident or injured themself while using Gigapay’s employer of record Service in Sweden, they should contact Gigapay via our chat or support email support@gigapay.co as soon as possible.
As an employer, Gigapay is required to report work-related injuries to the Swedish social insurance authority (Swedish: Försäkringskassan) or the Swedish work environment authority (Swedish: Arbetsmiljöverket), and sometimes both. It is the type and severity of work injury that determines where the notification goes.
The User will be requested to fill out the details in an accidents and incidents form. This information will be used for internal processes and when reporting the accident to the competent authority(ies). The User agrees that in the event the accident has to be reported, the information provided to Gigapay is shared with the competent authority.
Accidents and incidents at work may be covered by Gigapay’s insurances as described in the applicable insurance Section.
Commission-based compensation
The payout is entirely based on “commission” and is dependent on the Client paying for the User’s delivery of the Assignment. The User understands that the payout is dependent on the Client paying for the User’s delivery of the Assignment. The User will not hold Gigapay liable for any late payment and/or absence of payment because of circumstances beyond Gigapay’s control. Such circumstances include but are not limited to disturbances on Gigapay’s PSP’s side and late payment or absence of payment from the Client's side.
Any claim regarding the Client’s decision to cancel payments or to not perform a payment to a User shall be handled directly between the Client and the User.
When the Assignment is procured and fulfilled by the User and ready to be paid out, the compensation claimed by the User is converted into salary and is paid out to the User.
The Assignment performed by the User
The Assignment performed by the User is typically tied to the creator economy, such as but not limited to, influencer marketing, blogging, user generated content (UGC), and gaming.
It is up to the Client and the User to determine in more detail which tasks are to be carried out to complete the Assignment. The User and the Client shall sign an agreement regarding the Assignment's nature, compensation, and deliverables tied to the Assignment.
The Service relationship between Gigapay and the User starts when the User receives a notice from Gigapay stating that a payout can be claimed in the Service and ceases when the said payout has been claimed and received by the User. With each Assignment, a new employment relationship arises between the User and Gigapay, and a new service relationship arises between Gigapay and the Client.
Responsibilities regarding the Assignment
Through the use of the Service, the User, and the Client have a mutual responsibility towards each other and must hold Gigapay out of liability within the scope of this Agreement for such circumstances that are not covered within the scope of the Service that Gigapay performs.
The User is responsible for the Assignment(s) they are performing, for the professionality of their performance, and for following their Client’s instructions. Any complaints and remarks must be handled between the User and the Client directly. The User is responsible for remedying any errors and defects in their delivery, if required contractually between the Client and the User.
The Client is responsible for leading or instructing the User about the Assignment(s) and how they should be carried out as if the User was the Client’s direct subcontractor. The Client is responsible for loss and damage, including reputational damage, that the User may cause to a customer or third parties within the framework of the User’s Assignment. The Client and the User are free to agree on how such damage should be settled between both parties, provided that Gigapay is held out of liability.
Gigapay’s liability as an employer is limited to the negligence of the administration regarding the User and disclaims all liability for direct or indirect damage of any kind arising out of and/or in connection with the User’s Assignment to the Client.
Fair conditions
Gigapay has to be used under good conditions between the User and the Client. The salary has to be based on a minimum of an hourly gross salary of 120 SEK. Exemption from this minimum hourly wage may be done in the event that there are collective agreements stipulating a lower minimum wage for the role in the specific industry. It is not permitted to carry out dangerous tasks that may cause damage to a person. The User and the Client are responsible for maintaining a good work environment and compliance with laws and regulations at any given time. Gigapay reserves the right to at its own discretion decline the registration of a User or remove access to the Service to a User or a Client.
Insurance
Accident insurance
In the case where Gigapay is acting as an Employer of the User, the User is covered by an accident insurance (Swedish: olycksfallsförsäkring).
The User is, during their employment with Gigapay, insured with Gigapay’s accident insurance. The insurance is only valid if (i) the Assignment has been fulfilled through Gigapay; (ii) the User is completely healthy and able to perform work; (iii) the Assignment has been reported prior to when it should be performed.
It is the responsibility of the User and Client to verify that there is sufficient and correct insurance(s) for the completion of an Assignment.
Liability insurance
A defect in the delivery of an Assignment may be covered by Gigapay’s liability insurance or the User’s liability insurance.
If a defect in the delivery of the Assignment is covered by Gigapay’s liability insurance, Gigapay has the right to decide that the remedy and other costs that may arise in connection therewith shall be borne by Gigapay’s liability insurance, in which case any deductible and increased insurance costs affecting Gigapay shall be reimbursed by the User and if relevant, the Client. The User is obliged to cooperate and assist Gigapay and insurance companies in insurance investigations and the like.
Note that the following professional groups are exempted from Gigapay’s liability insurance:
- Construction of roads and motorways
- Construction of utility projects for fluids
- Work with or on vehicles
- Track-racing drivers
- Treatment of humans or animals
- Treatment or disposal of waste
- Moving services of household goods and furniture
- Building contractor
- Camping services
- Production of meat and poultry meat products
- Drainage work
- Divers
- Parachute instructors
- Assistant marine captain
- Property owner
- Financial broker
- Financial services, excluding accounting services
- Aircraft engineer, industry
- Flight instructor
- Pilot, first officer
- Air traffic safety electronics technicians
- Financial and investment advisers
- Insurance and brokerage of insurance-related services
- Generation of electricity, and heating and cooling provider
- Hoisting
- Wholesaler
- Foundation construction
- Trading with waste and scrap
- Trading with fuel
- Trading with or production of wood, and other building material and sanitary goods
- Trading with chemical products
- Craftworker
- Holding business
- Hotel business
- Collection of waste
- Agriculture
- Kiosk and convenience store
- Consultancy
- Climbing instructors
- Credit issuing
- Warehousing and storage
- Ground work
- Motorbike driver, competition
- Science and technology research and development
- Cultivation of cereals, legumes and oilseeds
- Manufacture of rubber and plastic products
- Postal and courier activities
- Repair and maintenance of ships and boats
- Tour operator activities
- Restaurants and mobile food service activities
- Auditing activities
- Pipelayer
- Plumbing
- Pipe mounting
- Earthmoving, pilework
- Healthcare, health and beauty service
- Forestry
- Gambling and betting activities
- Sawing, cutting and planing of wood and additionally sawmill
- Security systems service activities
- Private security activities
- Seasonal business
- Tattooist
- Transportation of goods
- Transportation of passengers
- Rental and leasing of goods, machinery
- Security and commodity contracts brokerage
- Plumbers and pipefitters
- Recovery of sorted materials
Use of the Service for illegal or immoral purposes
In case of suspicion of a breach of the Agreement, fraud, or any other form of violation of the law, Gigapay reserves the right to suspend the User and/or the Client and refuse the payment of any compensation.
If a User is found to be using the Service for illegal or fraudulent activities, (i) Gigapay may hold the compensation that should have been paid out, (ii) reclaim the amounts paid out from the User, (iii) suspend all access to the account, (iv) contact the law enforcement authorities and/or (v) decide on other measures that may be reasonable according to applicable laws and regulations.
Gigapay shall not be liable for any of the Clients’ and Users’ actions when they are committing illegal or criminal acts both locally and internationally. Gigapay shall not be liable for any legal liability or damage incurred by Clients and Users during the use of our Service. Customers and Users shall not perform the following acts when using the Service: (i) Violation of laws, regulations, court judgments, decisions, orders, or legally binding administrative measures; (ii) Illegal acts or acts that may encourage illegal acts (for example, but not limited to, money laundry - trafficking - fraud - Racism - political agitation); (iii) Posting or transmitting excessively violent expressions, images, explicitly sexual expressions, images, expressions and/or images that may result in discrimination etc., expressions and/or images that solicit or urge suicide or drug abuse; (iv) Infringement of intellectual property rights (e.g., copyrights, trademark rights, and patent rights), honor rights, privacy rights, or other statutory or contractual rights of the Company or a third party; (v) Acts that are likely to be contrary to public policy; (vi) Granting benefits or other cooperative acts to any anti-social forces; (vii) Use of our Service as advertising media for a third party without the prior consent of the Gigapay; (viii) Assigning or lending an Account to any third party or sharing an Account with any third party; (ix) Acts for the purpose of engaging in sexual intercourse or anything of this nature.
Reporting to tax authorities and taxes
Withholding of taxes
Gigapay may be required by applicable laws to charge Users and Clients with indirect taxes or to withhold taxes. Any amount Gigapay is required to collect will be charged in addition to the invoiced amount and/or any other fees payable by the Client. Any amount Gigapay is required to withhold will be deducted from the User’s commission to the extent permitted by applicable law.
Gigapay will withhold taxes and other contributions such as holiday compensation, employer contributions, occupational pension, and social security insurance from the compensation paid out to Users using Gigapay’s employer of record Service. The amount of taxes withheld may vary depending on the User’s age, Status, and individual circumstances. Adjusting taxes to fit the User’s personal circumstances may create additional administrative work for Gigapay. Therefore, the User may be requested to pay an additional fee to cover the administrative costs tied to said adjustments.
In the event Gigapay receives a decision from the Swedish enforcement authority (Swedish: Kronofogden) regarding salary withholding (Swedish: löneutmätning) for a User, Gigapay will withhold the amount(s) as specified in the request. The User affected by the decision will be informed that they will not receive the full compensation amount.
Tax reporting
Depending on the User’s Status, Gigapay may be required to report the employment relationship and the compensations paid out through the Service to e.g. the Swedish tax authority (Swedish: Skatteverket), migration office (Swedish: Migrationsverket), social insurance authority and enforcement authority.
Gigapay reports compensations for each User using the employer of record Service each month and pays the employer fees, taxes, and VAT associated with the compensation paid out. Furthermore, Gigapay takes care of statutory employer responsibilities such as, but not limited to, handling administrative work such as filing forms and applications to governmental agencies when needed.
The User agrees that the information Gigapay is requesting during the onboarding along with the amounts claimed by the User will be disclosed to the competent authorities.
Request for additional information
The User agrees to promptly cooperate with Gigapay in the event Gigapay needs additional information from the User and provide copies of their tax returns, ID documents, updated residency permits, and other documents as may be reasonably requested for Gigapay’s identification of the User, compliance to audit requests, employer responsibilities or tax reporting purposes.
Payout of compensation
Payout methods
When claiming a payout in the Service, the User will be able to choose between different payout methods. Some payout methods may come with additional fees as described in the fee Section.
The User is aware that when claiming a payout, Gigapay will act on the data that has been put in the Service by the User. This means that if there is a mismatch between the information entered in the Service account and the User’s invoice, Gigapay will always follow the information provided in the Service account. This includes for example company details, VAT number, bank account number, and more.
The payment service connected to payouts performed after receipt of the User’s invoice or a payout request, are all performed by Gigapay’s PSP.
Gigapay may not be liable for any delays or issues deriving from Gigapay’s PSP. Gigapay strives to inform Users when issues have been detected with a Gigapay PSP and will redirect the User to another payout method, if available.
The payout of compensation step-by-step
Sole trader or company
Before any payout of compensation can be performed within the Service, the Assignment needs have been procured and fulfilled by the User.
In certain instances, subject to mutual agreement between the Client and the User, compensation may be paid out to the User via the Service before the completion of the Assignment. In such circumstances, upon acceptance of the payout, the User hereby commits to fulfilling the terms of the Assignment as agreed between the User and the Client.
Following that, Gigapay will proceed with inviting the User to the Service. If the User has never used the Service before, they will have to complete the onboarding process. After Gigapay has received payment from the Client, the User will be notified via email or SMS that the compensation can be claimed in the Service. The User will then be able to claim the payment for the Assignment by picking their preferred payout method in the Service. In some cases, a payout can be made earlier, for example, if Gigapay has agreed on this with the Client or if the User chooses the early payment payout method.
Gigapay pays out the total compensation specified in the Service excluding any fees or taxes associated with the performance of the Service. Invoices and/or payment receipts may be accessed or requested in electronic form as PDF documents, by email, or through the Service.
The User and the Client are obliged to take care of managing the administrative tasks linked to the Service for themselves.
Employer of record Service for individuals
Before any payout of compensation can be performed within the Service, the Assignment needs have been procured and fulfilled by the User.
In certain instances, subject to mutual agreement between the Client and the User, compensation may be paid out to the User via the Service before the completion of the Assignment. In such circumstances, upon acceptance of the payout, the User hereby commits to fulfilling the terms of the Assignment as agreed between the User and the Client.
Following that, Gigapay will proceed with inviting the User to the Service. If the User has never used the Service before, they will have to complete the onboarding process. After Gigapay has received payment from the Client, the User will be notified via email or SMS that the compensation can be claimed in the Service. The User will then be able to claim the payment for the Assignment by picking their preferred payout method in the Service. In some cases, a payout can be made earlier, for example, if Gigapay has agreed on this with the Client or if the User chooses the early payment payout method.
When an Assignment is paid out through Gigapay’s employer of record Service, the User is employed by Gigapay. The form of employment is a so-called general fixed-term employment (Swedish: särskild visstidsanställning) in accordance with § 5 lag (1982:80) om anställningsskydd. The time period of the fixed-term employment corresponds to the time period of the Assignment, which always is required to be specified for each Assignment performed through the Service. In the event a new Assignment is commenced, a new fixed-term employment is commenced. The employment is terminated on the last day of the current Assignment, without any written termination. The User may request an employment agreement if needed or download said agreement through the Service, if available.
Gigapay pays out the total compensation specified in the Service excluding any fees or taxes associated with the performance of the Service. Invoices and/or payment receipts may be accessed or requested in electronic form as PDF documents, by email, or through the Service.
The compensation paid out for the Assignment is recalculated to a salary and is paid out with deductions for statutory VAT, Gigapay’s service fee, and statutory social fees. Gigapay retains preliminary income tax for the corresponding salary payout. After Gigapay has received payment from the Client, the User will be notified via email or SMS that the salary can be claimed in the Service. In the event the taxes withheld by Gigapay were too high or too low, the User may receive a tax refund or alternatively back tax in their yearly tax return in accordance with the Swedish tax office’s tax calculations.
The User understands that Gigapay does not compensate the User for overtime/added time, traveling time, and inconvenient working hours. Also, other costs incurred by the User to carry out the Assignment can not be invoiced to the Client and will not be reimbursed by Gigapay.
Already claimed compensation
Payouts are final and cannot be undone. Gigapay is not able to reverse the payout once it has been claimed and transferred. Gigapay is not responsible for the validity and/or correctness of the information transmitted by the User or Client during payment transactions and/or when filling in their details on the invoices. This entails that the User has to ensure that the information provided when setting up the payment order is accurate (e.g. bank information, phone number for Swish). If the information is incorrect, the User and Client understand that the payout may be unsuccessful or the funds may be settled to the wrong account. The funds may not be recoverable from such incorrect transactions. The User shall not make any claims against Gigapay related to such erroneous transactions.
The User agrees to notify Gigapay if the compensation amount available in the Service is different than what has been agreed between the Client and the User for that specific Assignment. If the compensation amount has already been claimed and is higher than agreed, the User shall notify Gigapay and/or the Client without undue delay and shall pay back the difference to the Client. Gigapay may decide, at its own discretion, to act as an intermediary and/or help with the administrative tasks tied to a potential reimbursement and or request for additional compensation upon the Client’s and the User’s request.
Service fees, currency conversion, and other costs
Service fees
Gigapay may charge an administrative fee when using the Service. Service fees are deducted at the time of the payout. You can review and claim the compensation at the time that the payout is ready to be claimed.
Fees may vary depending on the type of User using the Service and the payout method chosen by the User and the Client. Additional fees may apply based on e.g. the User’s or Client's location and currency. The fees are disclosed in the Service and Gigapay reserves the right to update the fees from time to time.
Other costs that the User has had to acquire to perform the Assignment cannot be invoiced and are not reimbursed by Gigapay. However, the User and the Client may agree to add on a bonus to the amount to cover such costs, in which case it should be included in the total amount of the payout.
Currency conversion and bank fees
The User is aware that additional fees may be enforced by the User’s bank. Gigapay shall not be held liable for any additional fees associated with the payout.
In some cases, Gigapay may, for an additional fee, offer additional assistance for Users requiring support for paying out compensation to a foreign bank account or for currency exchange services. The currency exchange Service in connection with such payouts are performed by Gigapay’s PSPs and/or are based on the applicable exchange rate at the time of the payout.
Additional fees
Gigapay may request the payment of additional fees from the Client or the User when handling cases that require additional manual or administrative work. This includes, for example, tax reporting on behalf of the Client (e.g. DAC7 reporting), currency exchange services, reimbursements, and more. Invoice correction and administrative work tied to incorrect invoices may come with an additional administrative fee as set by Gigapay from time to time.
The User and Client will always be notified in the Service or in writing and will be requested to accept the applicable fee(s) before the work requiring the payment of an additional fee is performed.
Campaigns and offers
Gigapay may offer you to take part in campaigns where other Terms are applicable, e.g. discounts, and bonuses. Such other Terms apply as long as the campaign is active and for the specific Service specified by Gigapay in connection with the campaign. Gigapay reserves the right to cancel a campaign at any time. Upon cancellation or expiration of a campaign, these Terms will apply. A campaign will last for a limited time.
Limitation of liability
Gigapay’s liability as a merchant of record is limited to the negligence of the administration offered to the User. Gigapay is not liable for any kind of direct damage arising out of and/or in connection with the User’s Assignment to the Client. When the compensation invoice is paid, the delivery of the service is considered completed and the invoiced Assignment is considered approved by the Client.
Gigapay is not responsible for any form of indirect damage. Indirect damage could, for instance, be unrealized profit, loss, including other types of consequential damages to third parties, or loss of information. In the event that Gigapay would be held liable for direct or indirect damages, the liability shall be limited to the other party's Service fees (Client or User) for that specific Assignment and shall be capped at 0.5 Swedish price base amount (Swedish: prisbasbelopp).
Intellectual property rights
We reserve all rights, including intellectual property rights related to the Service, including but not limited to processes, methods, softwares, and designs. You will not be entitled to any intellectual property rights for the Service or for any material that the Service may produce. Hence, it is prohibited to copy, regardless of the type of technology, the Service in full or in parts, without Gigapay’s consent. It is also prohibited to make the content available in full or in parts to the public through the internet or other methods without such consent.
In the event of referencing to Gigapay via links, the page should always open in a new window in the browser, unless otherwise agreed in written form. It is not permitted to link to the Service through means that will put the Service at risk of being misrepresented or misunderstood.
The copyright and other intellectual property rights produced by the User when fulfilling their Assignment towards the Client shall be the sole property of the User and Client as agreed between the Client and the User in a separate agreement.
Personal data
Gigapay is, until further notice, data controller for your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and hence responsible for processing the personal data that you provide us with and that is collected by us. Such personal data may be, but is not restricted to, name, address, telephone number, personal number and/or coordination number, ID documents, tax information, company information, bank account, and card details, e-mail address, and IP address.
A detailed description of the processing of your personal data can be found in our Privacy Notice.
Change of Service and termination
We reserve the right to change, discontinue, and terminate functionality in the Service at any given point in time, including, but not limited to, (i) functionality, (ii) features, and (iii) Service, with or without giving notice. All new functionalities, features, or new services that are launched within the Service are included in the scope of these Terms and Conditions.
Change of conditions
We have the right to, at any time and for any reason, change the Terms and Conditions by publishing the changed terms in the Service. Such terms and conditions shall automatically commence thirty (30) days after they have been published in the Service or otherwise approved by you. By visiting or using the Service, you acknowledge that such changes may occur and that you are responsible for keeping up to date on any changes.
Force majeure
Gigapay is not liable for the Service not performing properly due to force majeure. This includes but is not limited to earthquakes, floodings, pandemics, hurricanes, thunder, and legal disputes concerning labor law such as strikes.
Invalidity of provision
If any of the stipulations in these Terms and Conditions in full or partially is considered invalid or cannot be upheld, the stipulation shall be limited, changed, or separated in the smallest possible way to ensure its validity, such as that the rest of the Terms and Conditions can remain in full power, effect and viable.
Disputes and applicable law
The Terms and Conditions and the Service is subject to Swedish law. In case of dispute with regard to the interpretation of the Terms and Conditions, all references to legal standards, actions, concepts, etc. shall be construed according to what most nearly approximates the reference in the Swedish legal jurisdiction. Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions shall be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
The Rules for Expedited Arbitrations of the SCC shall apply, unless the Institute – taking into account the complexity of the case, the amount in dispute, and other circumstances – determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. You undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard in the best possible way its rights vis-à-vis the other Party in connection with the dispute, or if such a right exists pursuant to statute, regulation, a decision by an authority, a stock exchange rules or similar.
Any Party, before or during any arbitral proceedings, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the arbitral proceedings.
Last updated: Mar 14, 2024