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 User 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.
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.
To use the Service, you have to be over 16 years of age and have consent from the guardian if under the age of 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. You may use your mobile BankID or email address to log in to the Service.
It is not allowed to register on Gigapay with someone else’s ID, BankID, or work permit. It is illegal to borrow someone else’s personal document and pretend to be that person (misuse of document).
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:
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 price 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 employment of an individual.
Gigapay may offer you to take part in campaigns where other Terms are applicable, e.g. discounts, 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.
The User is, during their employment with Gigapay, insured with accident insurance. The insurance is only valid for assignments that are fulfilled through Gigapay. 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:
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 the validity and/or correctness of the information transmitted by the User during payment transactions. This entails that the User has to make sure that the information provided when setting up the payment order is accurate (e.g. phone number for Swish, bank information). 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. User will not make any claims against Gigapay related to such erroneous transactions.
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.
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.
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.
Certain Clients may have separate framework agreements, if so they are sent out in connection with the User joining their team. In the event that such framework agreements differ from these Terms and Conditions, the framework agreement shall have priority.
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.
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 the authority of public courts, initially Stockholm’s district court.
Last updated: 2022-09-05