Terms and Conditions - Self-billing - Gigapay

Terms and Conditions – Self-billing

N.B. This is an English translation and in the event of a conflict between this version and the original Swedish version, the latter shall prevail.

These Terms and Conditions, Gigapay’s Privacy Policy, and any other policies on our website contain the terms under which Gigapay offers you access and usage to its website, services, applications, and tools (the “Service”). 

All policies including Gigapay’s Privacy Policy constitute a part of these Terms and Conditions. By utilizing the Services, you agree to these Terms and Conditions and you enter into an agreement with Gigapay Sweden AB (company registration number 559070-3616), Box 3181, 103 63 Stockholm (”Gigapay” or ”We”).

Extent

The purpose of these Terms and Conditions is to set out the extent of the usage of Gigapay’s administrative support services in the hiring of an independent legal person (the “User”) for a specific task by an external principal (the “Client”). If you are a physical person you will be subject to our Terms and Conditions for physical persons.

The access and utilization of these Services is conditional upon you accepting and complying with these Terms and Conditions. To accept the Terms and Conditions you confirm that you have the right to accept and are a formal signatory for the legal person that you represent. In the event that you do not have such rights, you may be held personally responsible and held liable for paying compensation to Gigapay for any damages that it may cause. The Terms and Conditions are applicable to all Visitors, Users and others who have access to or use the Services and/or other services that are connected through the Services. By visiting or using the Services you accept and are bound by the Terms and Conditions.

The Service

Gigapay provides an administrative support system for handling invoicing and paying out compensation etc for task-based work. The Service enables the User and the Client to minimize their administrative burden. Gigapay is striving to reduce the friction between the different parties within the new so-called gig economy.

After the User (Client) has registered at Gigapay, they have the full responsibility to acquire and carry out tasks that generate incomes and is bound to, in relation to Gigapay, keep Gigapay free from any damages or refund claims that the Client (User) may direct towards the other party, even though Gigapay is the formal counterpart to both the User and the Client.

Use of Gigapay

To use Gigapay, the User must have a registered company in Sweden including a Swedish bank account, in addition, the company must be registered for VAT and company tax (so called F-skatt) It is not permitted to act on behalf of someone else and thereby receive compensation on behalf of another physical or legal person’s work.

The compensation is fully commission-based and is conditional upon the Client paying out the commission. The following terms in relation to the task are applicable:

  • The task is acquired and carried out by the User and invoiced by Gigapay towards the Client. After Gigapay has received the payment for the invoice, Gigapay will perform self-billing. This means that Gigapay, as the buyer of the task, creates an invoice on behalf of the User.
  • The User accepts that Gigapay on the User’s behalf can create an invoice and that it is the responsibility of the User to control that the invoice is correct before accepting the payout. After the invoice has been accepted, Gigapay will pay the invoice to the bank account specified by the User.
  • The User agrees that the task invoiced through Gigapay, means that Gigapay is the formal counterpart of the User and that there is an assignment based agreement between the Gigapay and the User. By using the Service the User and the Client have a mutual responsibility towards each other and shall keep Gigapay outside of any damages that may arise due to circumstances that are not related to the administrative support service that is provided by Gigapay. 
  • Every single task carried out through Gigapay constitutes a new relationship between Gigapay and the User, and between Gigapay and the Client. The relationship ceases to exist without notice at the day of the payment.
  • It is up to the User and the Client to, between themselves, decide the specifics of the assignments. 
  • Gigapay enables the User to claim their payout as soon as the full payment has been received from the Client. In some specific cases the payment can be made available before the full payment has been made, for instance if it has been agreed upon between Gigapay and the parties.
  • Gigapay will invoice the full amount specified with the exception of fees or taxes that may be connected to the usage of the Service. 
  • Other costs incurred by the User to acquire or carry out the Service cannot be passed onwards to the Client and will not be reimbursed or compensated by Gigapay.
  • The User and the Client must handle certain administrative tasks connected to the Service, for example, but not limited to, accounting and declaring and payment of taxes.
  • In the event that the representative of the User previously has used Gigapay as a physical person, these Terms and Conditions will supersede Gigapay’s Terms and Conditions related to physical persons. This means that Gigapay is not an employer in these circumstances where a payment is made to the User as a legal entity. As such the User has the sole responsibility of declaring and paying any taxes that may occur as a consequence of using the Service.

The usage of the Service and the tasks carried out in connection with it has to be done on fair conditions. It is not allowed to use Gigapay for criminal or dangerous work tasks that may lead to injuries or damage to a person. The User and the Client are responsible for maintaining a good work environment and that laws and regulations are abided by. Gigapay reserves the right to decide whether or not they want to work with any single company, whether it is a User or a Client.

Insurance

It is the responsibility of the User and the Client to ensure that they have the applicable insurances needed for the task carried out.

Responsibilities

Gigapay’s responsibility, as an intermediary, is limited to negligence in regards to the administrative tasks carried out in Service, and is thus not responsible for any direct or indirect damage that is incurred due to and/or in connection with the User carrying out a task or assignment on behalf of the Client or any other third party. In connection with the payment of the invoice, the delivery is considered done and the task has been accepted as completed. 

As the User you are responsible for carrying out the task or assignment that has been agreed upon, that the delivery has been conducted in a professional manner, and following the instructions given by the Client. Any complaints or claims in connection to the task or assignment shall be handled between the User and the Client, and any defects or deficiencies in the delivery shall be settled between the two parties.

The Client is responsible for leading and instructing the User about the assignment or task and how it shall be performed, as if the User was their direct subcontractor. The Client is responsible for any loss or damage that the User has caused the Client or third party within the scope of the tasks or assignments carried out by the User on behalf of the Client. The Client and the User are free to negotiate how such loss or damage should be regulated between them, as long as the responsibility is not put onto Gigapay.

Gigapay is not responsible for any form of indirect damage. Such indirect damage could be, but is not limited to, financial losses, other forms of consequential damage, including the Client’s liability to compensate third parties, or loss of data and information. In the event that Gigapay, for whatever reason, is considered liable to compensate, the liability is restricted to 0.5 price base amounts (Swedish: prisbasbelopp). 

Gigapay intends to keep the Service available every day the year around, but reserves the right to shut down the Service or parts of the Service to maintain and update it. Gigapay is not liable for any disturbances or limitations in the availability of the Service that may arise from e.g. a bad internet connection, disturbances in the web hosting services, due to maintenance of the Service or disturbances at other subcontractors, such as bank and identification services.   

In the event of suspicion of breaches of the agreement, fraudulent behavior, or any other form of crime, Gigapay reserves the right to restrict the User and/or the Client, and to decline the payouts of the compensation.

Immaterial rights

Gigapay reserves the right to all rights, including intellectual property to the Service, along with, but not limited to, processes, methods, software, and design. The User and the Client does not own the rights to the intellectual property of the Service or to any other material created by or through the Service. Consequently, it is forbidden to make copies, regardless of the technique, of parts or the entirety of the Service unless having received written consent prior to doing so. Without such consent, it is also forbidden to make parts or the entirety of the Service available to public use through the internet or any other medium.

It is up to the Client and the User to agree on the rights to the intellectual property that arises as a result of the task or assignment carried out, under the condition that such agreement does not infringe on Gigapay’s right to the intellectual property derived from the Service itself.

When linking to the Service, the link shall always be opened in a new window. It is forbidden to link to the Service in such a way that the content of the Service is at risk of being misrepresented or misinterpreted.

Personal data

Gigapay is, unless otherwise stated, data controllers 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, bank account and card details, e-mail address, and IP address.

Gigapay reserves the right to share any stored information about activity, payouts, and the legal person including its representatives upon request from authorities or court.

A detailed description of the processing of your personal details can be found in our Privacy Policy.

Change of services and termination

Gigapay has the right to at any time and regardless of the reason, change the Terms by publishing the changed Terms in the Service. Such terms will automatically take effect when thirty (30) days after they have been published in the Service or prior to that if they have been agreed upon beforehand. By visiting or using the Service you agree that such changes may be actualized and that you are responsible for staying updated about any such changes.

Changes to the Terms

Gigapay is not liable for assignments that have not been fulfilled due to force majeure. This includes, but is not limited to: earthquakes, epidemics, floodings, hurricanes, thunder, and legal disputes concerning labor law such as strikes.

Force majeure

Gigapay is not liable for assignments that have not been fulfilled due to force majeure. This includes, but is not limited to: earthquakes, floodings, 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 being invalid or cannot be upheld, the stipulation will 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. Any legal disputes and proceedings that may arise due to the Terms and Conditions and/or the Service will be subject to arbitration in The Arbitration Institute of the Stockholm Chamber of Commerce (SCC).