The purpose of these Terms and Conditions is to facilitate the administration and payment of Independent Contractors (“User”) who undertake assignments for external principals (“Client”) in an international setting.
If you are a natural person or company using the Service in Sweden, you are instead covered by Gigapay’s User Agreement for self-employed workers and Gigapay’s User Agreement for companies.
The terms and conditions also explain how we expect you to behave when you’re using the Services – whether you’re a registered User, Client, or unregistered site visitor on our website.
Your access to and use of our Services are conditioned on 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. 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.
Gigapay is an invoicing intermediary and provides administrative support for managing invoicing and payment of remuneration and more. This means that both the Client and the User can minimize their administration. Gigapay seeks to facilitate cooperation between the two parties in the new so-called gig economy.
Gigapay partners with payment services providers in order to collect payments from Clients, and transfer such payments to the Users. The payment services connected to payouts performed after receipt of the self-billing invoice or a payout request sent by a User are all performed by Gigapay’s payment service providers.
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 at least 18 years of age and of legal age to form a binding contract. You need to register and have an approved account to use the Service. In addition, you are required to have permission to work in the country in which you are conducting your business. By using the Service, you are acting as an independent entity to Gigapay and the Client.
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 someone else’s ID, such as a passport or an electronic ID. Similarly, it is not allowed to add someone else’s personal information or company information on your profile or your invoices. Gigapay will take legal action against misuse of documents, such as borrowing or counterfeiting personal documents.
The payment is entirely based on “commission” and is dependent on the Client paying for the User’s delivery of services. The following conditions are applicable in regard to the assignment:
- The assignment is procured and fulfilled by the User and the corresponding invoice is sent to the Client by Gigapay. After Gigapay has received payment from the Client, Gigapay will enable the User to receive payment for his service through self-billing. This means that Gigapay, as the buyer of the service, creates an invoice on behalf of the User.
- The User accepts that Gigapay creates an invoice on behalf of the User. It is the User’s responsibility to check that the invoice is correct and to approve it for payment. After the latter approves the invoice, Gigapay will pay out money to the bank account specified by the User.
- The User accepts that the assignment invoiced via Gigapay means that Gigapay is the formal counterparty to the User and that there is a service contract between Gigapay and the User. Through the use of the Service, the User and the Client have, however, 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.
- With each individual assignment, a new service relationship arises between the Client and Gigapay and between Gigapay and the User. The Service ceases to apply without prior notice in connection with the last relevant day.
- It is up to the Client and the User to determine in more detail which tasks or assignments are to be carried out.
- Gigapay pays the compensation for the assignment to the User after the full compensation is received from the Client. In some cases, payment can be made earlier, for example, if Gigapay has agreed on this with the Client.
- Gigapay invoices the total amount specified in the invoice 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 website.
- The User and the Client are obliged to take care of managing the administrative tasks linked to the Service for themselves. This included for example accounting and declaring and paying taxes and social contributions.
Service fees, currency conversion, and other costs
Service fees are deducted at the time of the payout and/or when filling in the invoice. In this connection, you can review and accept the total amount for the compensation. The fees cover administrative fees.
Fees may vary depending on the type of User using the Service and the payout method chosen by the User. Additional fees may apply based on e.g. the User’s location and currency. Gigapay reserves the right to update the fees from time to time.
Other costs that the User has had to acquire or the income cannot be invoiced to the Client and are not reimbursed by Gigapay.
The User may receive payouts in different currencies. The currency exchange services in connection with such payouts are performed by Gigapay’s payment services providers and/or are based on the applicable exchange rate. The User is aware that the amount paid out may change daily in accordance with exchange rate fluctuations and may also include additional conversion fees.
The User is also aware that additional fees may be enforced by the User’s bank. Gigapay should not be held liable for any additional fees associated with the payout.
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 Services specified by Gigapay in connection with the campaign. We reserve 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.
It is the responsibility of the User and the Client to have the necessary insurance so that the assignment can be carried out safely.
Gigapay’s liability as an intermediary is limited to the negligence of the administration offered to the User. Gigapay disclaims all liability for any kind of direct or indirect damage arising out of and/or in connection with the User’s assignment to the Client. When the invoice is paid, the delivery of the service is considered completed and the invoiced assignment is considered approved by the Client.
Gigapay may be required by applicable laws to charge Users and Clients with indirect taxes or to withhold taxes. Any amount Gigapay will be required to collect will be in addition to the invoiced amount and any other fees payable by the Client. Any amount Gigapay will be required to withhold will be deducted from the User’s commission, as required by applicable laws.
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 Swedish price base amount (Swedish: “prisbasbelopp”).
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, or disruptions at subcontractors of subcontractors such as banking and identification services.
The User understands that the payment is dependent on the Client paying for the User’s delivery of services. 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 payment service providers’ side, late payment, or absence of payment from the Clients side.
Gigapay will need to verify your account in order 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, the location from where you are conducting your business, ownership of your business, tax information, and relevant documents such as A1 forms. When requested, you are required to provide Gigapay with complete information and cooperate with other reasonable requests Gigapay is making to verify your identity. During the verification process, features in your account may be temporarily limited. They will be restored if verification is successful.
The User and the Client
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.
Gigapay will not be liable for any action taken by clients and users committing illegal or criminal acts or violations of laws or governmental regulations locally or internationally.
Gigapay will not be liable for any Legal liability or damage incurred by clients and users during the use of our services.
Customers and users shall not perform the following acts when using our services:
- Violation of laws, regulations, court judgments, decisions, orders, or legally binding administrative measures;
- Illegal acts or acts that may encourage illegal acts (for example but not limited to money laundry - trafficking - fraud - Racism - political agitation) ;
- 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.
- 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;
- Acts that are likely to be contrary to public policy;
- Granting benefits or other cooperative acts to any anti-social forces;
- Use of our services as advertising media for a third party without the prior consent of the Gigapay
- Assigning or lending an Account to any third party or sharing an Account with any third party;
- Acts for the purpose of engaging in sexual intercourse or anything of this nature.
The User is responsible for the assignment(s) he is performing, for the professionality of his performance, and for following his client’s instructions. Any complaints and remarks must be handled between the User and the Client. The User is responsible for remedying any errors and defects in his delivery.
The User is considered an independent self-employed person who is responsible for paying his own taxes, subscribing to his own insurance(s), and ensuring he acknowledges and complies with applicable laws and regulations. The User tax duties include:
- Paying any direct or indirect taxes;
- Paying any Value added taxes (VAT);
- Social fees and contribution;
- Personal income tax, which may vary depending on residency, location, or otherwise, under provisions of his jurisdiction;
- Municipal Fees;
- Other taxes that are not identified above.
The User represents and warrants that he complies, and will comply at all times, with his obligations under income tax provisions in his jurisdiction. The User agrees to promptly cooperate with Gigapay in the event of an audit of Gigapay and provide copies of his tax returns and other documents as may be reasonably requested for purposes of such audit.The relationship between Client and User is identified as a collaboration where the User is always offering his services as an independent self-employed person.
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 that the User may cause to a customer or third parties within the framework of the User’s assignment with the customer. 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.
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.
Payouts are final and cannot be undone. Gigapay will not be able to reverse the payout once it has been accepted. Gigapay is not responsible for the validity and/or correctness of the information transmitted by the User during payment transactions and/or when filling in his 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 User understands that the payment may be unsuccessful or the funds may be settled to the wrong account. The funds may not be recovered from such incorrect transactions. The User will not make any claims against Gigapay related to such erroneous transactions.
You are responsible for all activity on your account. By granting access to the account to another person than yourself, you agree that: (i) the person that 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, including with respect to sending out payments, accepting payouts, and entering into agreements, including the terms and conditions. If any person granted access to your Account violates the terms and conditions, it may affect your ability to use our Services. Also, you are responsible for maintaining the confidentiality and security of your password.
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 at risk of being misrepresented or misunderstood.
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.
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 the extent permitted by applicable law, 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.
Last updated: 2023-05-10