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”).
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.
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.
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 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.
It is the responsibility of the User and the Client to ensure that they have the applicable insurances needed for the task carried out.
Gigapay’s responsibility, as an intermediary, is limited to negligence in regards the administrative tasks carried out in Service, and is thus not responsible for 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 intend to keep the Service available every day the year around, but reserves the right 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, at 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 behaviour 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.
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 to 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.
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.
Gigapay reserves the right to at any time change, cancel and/or terminate functions in the Service, including but not limited to, (i) functionality, (ii) functions and (iii) services, with or without prior notice. All new functionality, functions or new services that are released in the Service are subject to these Terms and Conditions.
Gigapay reserves the right to cancel accounts that have been inactive for over one (1) year and may retain unclaimed funds.
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.
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 labour law such as strikes.
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.
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).