General Terms And Conditions Of Use And Temporary Worker Agreement
N.B. This is an English translation and in the event of conflict between this version and the original Swedish version, the latter shall prevail.
The purpose of these Terms and Conditions is to facilitate the hiring of Independent Contractors (“User”) who undertake assignments for external principals (“Client”).
Your access to and use of our Services are conditioned with you accepting and complying with the Terms and Conditions. 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 to the Terms and Conditions.
Gigapay provides an administrative support service and handles invoicing, salary payouts, and so forth, which constitute a practical solution for the Independent Contractor and the Client, who do not have to handle the administration themselves. Gigapay seeks to facilitate cooperation between the two parties in the new so-called gig economy.
After having registered with Gigapay, the User takes the full responsibility of procuring and fulfilling assignments that generate revenue and is bound, in relation to Gigapay, not to hold Gigapay liable for any form of claim for compensation that the Client may have towards Gigapay, despite Gigapay being the formal counterparty of the Client.
Use of Gigapay
To use the Service, you have to be over 13 years of age, and having consent from the guardian if under the age of 16. In addition, you are required to have a Swedish personal number, bank account, mobile BankID and permission to work in Sweden. You are not allowed to act for someone else and, for instance, receive compensation for someone else’s work.
The salary is entirely based on “commission” and is dependant on the Client paying for the User’s delivery of services. The following conditions are applicable in regards to the assignment:
- The assignment is procured and fulfilled by the User and the corresponding invoice is sent to the Client by Gigapay. The invoiced amount is converted into salary and holiday compensation, in accordance with the Swedish vacation law (Swedish: “Semesterlagen”), which is then paid out to the bank account designated by the User after the full payment has been transferred to Gigapay.
- The invoicing is facilitated by the Client specifying the details, which then are approved by the User.
- The User is aware of assignments invoiced through Gigapay entails that the User is employed by Gigapay. The form of employment is a so-called general fixed-term employment (Swedish: “allmän visstidsanställning”) in accordance with § 5 lagen (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 individual assignment. In the event a new time period for an assignment is commenced, a new fixed-term employment is commenced.
- The employment is terminated on the last day of the employment, which coincides with the last day for the current assignment, without preceding termination.
- The User is reliable for agreeing with the Clients in regards what tasks the assignment entails.
- The invoiced amount for the assignment is recalculated to salary and paid out by Gigapay to the User as follows:
- Invoiced amount with deductions for statutory VAT (Swedish: “moms”), Gigapay’s service fee and statutory social fees.
- Gigapay retain preliminary income tax for the corresponding salary payout.
- The salary is paid out after the Client has paid the invoice issued by Gigapay in full.
- Gigapay will not compensate for overtime/added time, travelling time and inconvenient working hours.
- The User is, in accordance with Semesterlagen § 5 not entitled to vacation leave during the employment. However, the User is entitled to compensation for the vacation of 12% of paid out salary, which is included in the aforementioned amount of salary.
- The User receives statutory pension and insurance benefits since Gigapay pays social fees.
- Gigapay will not assist the User in adjusting provisional tax (Swedish: “jämkning av preliminärskatt”). If the User, following the decision from the Swedish tax authority (Swedish: “Skatteverket”), is not to pay the tax paid in by Gigapay, or if the User is to pay in more tax, the User will receive tax refund alternatively back tax in accordance with Skatteverket’s tax calculations.
- 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.
Gigapay has to be used under good conditions between the User and the Client. The salary has to be based on a minimum hourly wage of 120 SEK per hour. 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.
The User is, during their employment with Gigapay, insured with accident insurance (TFO) and group-life insurance (TGL). It is the responsibility of the User to verify that there is sufficient and correct insurance for the completion of a certain assignment.
Gigapay’s liability as an employer is limited to the negligence of the Administration regarding the Performer and disclaims all liability for direct or indirect damage of any kind arising out of and / or in connection with the Executor’s assignment to the Client. In connection with payment of invoice, delivery of completed and invoiced assignment is considered approved.As a Performer, you are responsible for the assignment you perform, that you perform it in a professional manner and that you follow your client’s instructions. Any complaints and complaints must be handled by you as a self-employed person, and you are responsible for remedying any errors and defects in your delivery.If the defect claimed by the customer 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 that Gigapay may to be affected shall be replaced by the employee. The self-employed person 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
- 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
- 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
- Holding business
- Hotel business
- Collection of waste
- Kiosk and convenience store
- 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
- Pipe mounting
- Earthmoving, pilework
- Healthcare, health and beauty service
- Gambling and betting activities
- Sawing, cutting and planing of wood and additionally sawmill
- Security systems service activities
- Private security activities
- Seasonal business
- Transportation of goods
- Transportation of passengers
- Rental and leasing of goods, machinery
- Security and commodity contracts brokerage
- Plumbers and pipefitters
- Recovery of sorted materials
When the Client is responsible for the User in the same manner as for their own employees, it is the Client that is liable for loss or damage that the User may cause the Client or third party within the role of the assignment carried out by the User on behalf of the Client. Secondarily, this may be covered by Gigapay’s liability insurance or the liability insurance that the User may have. In case the Client is a consumer Gigapay’s liability insurance will be the applicable one.
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 damages, the liability will be capped at 0.5 price base amount (Swedish: “prisbasbelopp”).
We intend to have the Service available every day of the year around, however, reserve the right to take down the Service in order to update and/or maintain the Service or parts of the Service. We do not take any responsibility for any disturbances that may arise as a consequence of limited access to the Service, which may arise from defective internet connection, disturbances with the web hosting service provider or during maintenance of the Service.
Gigapay reserves the right to suspend and deny payment of compensation in the event of a breach of this Agreement or any other fraud or violation of law.
We reserve all rights, including intellectual property rights related to the Service, including but not limited to processes, method, software and design. 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. Without such consent, it is also prohibited to make the content available in full or in parts to the public through the internet or other methods.
In the event of referencing to Gigapay via links, the page should always open in a new window in the browser. It is not permitted to link to the Service through means that will put the Service in risk of being misrepresented or misunderstood.
Gigapay is, until further notice, 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.
Change of services 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) services, with or without giving notice. All new functionality, features or new services that are launched within the Service are included in the scope of these Terms and Conditions.
Gigapay reserves the right to terminate accounts that have been inactive for more than one year and has the right to retain unclaimed funds.
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.
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 labour 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 the authority of public courts, initially Stockholm’s district court.