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Terms and Conditions

Choose which conditions you want to see, depending on whether you are a self-employed ‘user’, or, recipient of services from self employee ‘customer’

User/Self Employed

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1 General self-employment

1.1

Self-employment is defined as a business and legal relationship between BF, self-employed and the customer in which BF at the own employee’s own initiative and pricing puts the employee at the customer’s disposal to carry out assignments pertaining to Customer’s business under customer control and management. “Assignment” means the task performed by the self-employed by the customer through BF. A registered user in BF is not self employed but one of the BF and customer approved assignments. 

2 Prize

2.1

“Administrative Service” or “service” means the service BF performs for the self-employed, i.e.: Invoicing and monitoring, payroll administration and payroll, Administration and management of payroll taxes, withholding tax and VAT, Control data, issuing of employer’s certificate, offer insurance solutions from insurance companies, obtaining access to BF Web-based service.

2.2

The contract price against the customer is indicated and determined by the self-employed in the pre-registration or invoice basis. Price for using BF Administrative service is set and determined by BF. Applicability VAT will be added to the price. Registering as a user of the service is free of charge.

2.3

If the self-employed or BFs labour costs increase as a result of (not limited to) changed collective agreements, laws, interest rates or changes in taxes and employer contributions, BF has the right, with retroactive effect from the date of the change, to adjust the price in corresponding extent.

3 Assessment

3.1

BF shall have the right to refuse the user’s own employment without giving any reason whatsoever. Users agree by registering with BF that credit information on users can be obtained.

4 Employment

4.1

The user seeks employment by reporting a mission through the service that BF provides. All users accept these terms and conditions at the time of registration as users of the service. Any employment is based on the information provided by the user when submitting a contract. Only when BF approves the data and the assignment has been accepted by customer is a temporary employment occurring one (1) week at a time during the assignment period (self-employment) for fixed-term contracts under section 5 of the Law (1982:80) on employment protection. His own employment is a temporary job, which means that there is no obligation for the employee to perform other tasks for BF or to be at BF’s disposal, and BF is not obligated to prepare other assignments for the self-employed. Each assignment is a new employment relationship. In those cases in which BF does not accept the information provided and/or the assignment, an employment will not be available. An employment shall also not be considered to have come into being in the event that the employee has supplied incorrect information.

5 Contracts for assignments

5.1

The customer and its own staff member shall agree on the tasks to be performed, the length of the assignment, working hours or other circumstances that are distinctive for the assignment to be performed, and the price of the assignment. The staff member shall inform BF in writing of the terms and conditions of the contract. Furthermore, the employee shall ensure that the customer receives BFs customer terms 2016:1 – assignment, which shall apply as contractual terms between BF and customer. In case of agreement on the changed assignment, the self-employed person shall inform the BF in writing in advance.

5.2

In the acquisition of the assignment, the employee has the right to use BFs company information, provided that in particular written (including by e-mail) permission is given by BF at any such acquisition.

5.3

When acquiring assignments, the self-employed person must ensure, if necessary, that an assignment agreement is created in accordance with the BFs customer terms. The self-employed person shall inform the customer that BFs customer terms unless otherwise agreed in writing between BF and the customer.

5.4

In connection with the submission of a contract, BF has the right – but no obligation – to sign the contract with the customer, and Skatillhandahålla the employee a copy of the contract.

5.5

The self-employed person shall then carry out the assignment within the framework of the position of BF whose terms, time, execution and scope in general correspond to the contract.

5.6

The self-employed person has the right at any time during the execution of the assignment and the employment to take measures for the acquisition of additional assignments.

5.7

The employee is not entitled to annual leave during the assignment period.

5.8

The invoice will be sent out no later than 30 days after the completion of the contract and the invoice must be submitted to the BF in good time before that.

5.9

The self-employed person is responsible for complying with the rules of the customer concerning the work environment. For questions about the work environment, please contact the BF customer service.

5.10

The self-employed contract directly with the customer.

5.11

The employee contracts the work place directly with the customer

5.12

The self-employed contract working hours directly with the customer

5.13

The self-employed person is obliged to hold relevant authorisations for his/her assignment and practice, and to keep informed of and comply with all laws and regulations. The necessary permits shall be communicated in advance to the BF.

6 Termination

6.1

BF reserves the right to unilaterally terminate the employment with immediate effect and revoke the invoice for the contract in the following cases:

  • Customer contests the invoice.
  • The employee has not completed the work.
  • A self-employed person has failed to inform BF in accordance with these terms or circumstances that are important or decisive for the performance of the contract with the customer.
  • A self-employed person has failed to inform BF of any circumstances that are important or critical to the employee being subject to BFs’s terms of insurance.

7 Expiration

7.1

The self-employment is valid from the time the assignment has been confirmed by BF and during the agreed period, however, a maximum of three (3) months. The employment will terminate automatically, without prior notice, at the earliest event of:

  • completion of the Mission;
  • When the assignment and the period of employment amount to three (3) months;
  • When BFs contract with customer expires (oavsettanledning); Or
  • When the total period of employment of the self-employed in BF amounts to two (2) years.

8 Salary payment

8.1

The salary of the own employee is based on the billing created by the BF and paid by the customer, based on the data reported by the own employee to the BF and the fee BF receives for the use of the service, in accordance with the general conditions. BF deducts statutory charges such as payroll taxes, social security contributions and income tax. Holiday rental is included in the paid salary. Compensation is not payable for overtime or additional work, travel time and uncomfortable working hours.

8.2

The self-employed person has the right to charge a subsistence allowance, mileage that can be attributed to the contract at fixed prices according to the BF price list for mileage and per diem.

8.3

The self-employed person is entitled to sick pay and assumes pre-registered scheduled assignments. In case of illness, this should be reported immediately to BF and the first day medical certificate may be required by BF.

9 Liability

9.1

BFs’s liability is limited to the negligence of administrative duties and the service of the self-employed and disclaims any liability for direct or indirect damages of any kind whatsoever, arising out of and/or related to the Performance of the customer’s assignment.

9.2

The self-employed person is liable to the customer for the tasks performed by the self-employed in the course of the assignment are carried out in a professional manner and with the quality that a customer can reasonably expect from the self-employed, taking into account the made Agreements and representations, prices and other circumstances. The self-employed person is further responsible for remedying errors and omissions to the extent and in accordance with the terms and conditions of the assignment and under applicable laws and regulations (including the Consumer Services Act (1985:716)). In the event the customer requests remedies from BF, BF has the right to choose to either self-redress at the expense of his own employee or require the self-employed to perform and pay for such rectification. If and to the extent that the defect that the customer is claiming is subject to BF’s liability insurance, BF has the right to determine that the remedy and any other costs that may arise in connection therewith, shall be borne by BF’s liability insurance, in which case any deductible and Increased insurance costs to which BF may be affected shall be reimbursed by the self-employed. The self-employed person is obliged to cooperate and assist BF and insurance companies in insurance investigations and the like.

9.3

The self-employed person is liable for loss and damage that the self-employed person may cause to the client or third party in the course of his own employee’s performance of work for the customer, unless it is covered by BFs existing liability insurance or the liability insurance Subscribed specifically by the self-employed.

9.4

BF is not liable in any case for indirect damage such as Lost profits, losses, or other consequential damages, including any customer’s liability to third parties or loss of information.

9.5

Liability for personal injury is governed by Swedish law.

9.6

In cases where liability arises for BF, BFs is liable limited to 0.5 price base amount, however, a maximum of BFs share of the contract’s invoiced amount. For assignments on current account, the invoiced amount is calculated on the price of the last twelve (12) months of the contract. If the price of the own employee agreed with the customer is less than 0.5 price base amount, BFs’s maximum liability shall instead be limited to an amount equal to 0.1 price base amount.

9.7

To the extent that any damages, compensation or other liability would arise for BF against third parties other than those agreed by the parties under these terms, the self-employed shall be responsible therefore and keep BF harmless. The self-employed person undertakes to be informed and to comply with the applicable legislation in his or her professional capacity, and to ensure that the information provided on the person, assignment and activity is correct.

10 Non dis-closure

10.1

The self-employed person shall not, either during the period of employment or after its termination (unless it is required for the performance of his or her duties by the self-employed under these or the terms of the contract, or by law), use or for any other person or company Disclose such information regarding BF or customers who are reasonably presumed to be confidential.

11 Personal Data

11.1

Registered users undertake and agree that BF and customer may process personal data for the purpose of managing personnel management, staffing and other compatible activities, and that BF and customer may, when required, make such information Available (in Sweden or other countries) to its customers and advisors, to third parties providing products and/or services to BF and to the extent required by law.

12 Insurance

12.1

During the time of the own employment via BF, the self-employed person automatically has an accident insurance (TFO) and service Group Life Insurance (TGL). A precondition for the self-employed to be covered by the insurance is that he is fully healthy and working. In cases where the employee is not covered by the customer’s liability insurance, he may be covered by BFs liability insurance or that BF helps to take out a liability insurance that fits. BF can offer insurance through BFs cooperation with independent insurance brokers.

12.2

Supplementary insurance must be drawn up in certain sectors and for certain types of assignments. BF provides these insurances at the expense of the self-employed. It is the responsibility of the employee to have additional insurance before the assignment begins if required.

13 Complaints

13.1

The self-employed person handles and is responsible for complaints concerning assignments made by the latter. Remarks regarding BFs service shall be reported directly to BF without delay and no later than 15 days after completion of the service concerned.

13.2

Where a customer has a right to damages or deduction of the price for errors or omissions in the contract, it must be paid for by the employee when the amount is covered by insurance.

14 Intellectual property rights

14.1

Ownership and all other rights to all materials and results arising out of or as a result of the execution of the contract, including any patent, copyright, or other intellectual property right of any nature whatsoever, shall be the property of the customer. Alone. The self-employed person undertakes to transfer such ownership or other right to the customer unless otherwise agreed in writing between the self-employed via BF with the customer.

15 Disclaimer

15.1

BF disclaims all liability and any consequences that may arise as a result of erroneous information provided by users or the self-employed.

Customer Terms

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1 Scope of the conditions

1.1

These provisions govern the contractual relationship between Billfactory AB (hereinafter referred to as “BF”) and the client company (hereinafter referred to as “customer” or “customer”).

1.2

The agreement covers a business and legal relationship between BF and customer in which BF employs persons who perform assignments with the customer (“self-employed” or “user”) under the control and management of the client as agreed between The customer and its own employee (“Assignment/et”). For each assignment, it is thus BF who is a legal contractor and contractor in relation to the customer. It is the responsibility of the own employee to ensure that the self-employed has BFs approval (which can be provided by BF generally for some pre-defined types of assignments or on a case-by-case basis) to undertake assignments with BF as contractor and such Approval is required to bind BF. BF may, at the request of the prospective customer, provide an indication and confirm whether the approval exists.

2 Contracts for assignments

2.1

If BF so requires, the customer shall provide the required information on the tasks to be performed, the length of work, working hours, the requirements for qualification, the applicable collective agreement, other local agreements applied or any other circumstances that are of importance to the work should be performed.

2.2

Assignments are confirmed by the customer by the customer paying the invoice or signing a CONTRACT where the assignment’s nature, scope, agreed requirements and assignment length are specified in a contract. The contract also applies to the terms and conditions set forth in the their mission statement and otherwise agreed between BF and the customer.

3 Work Management

3.1

It is the responsibility of the customer to be responsible for the supervision of the employee, to be responsible for monitoring and monitoring of the work of the employee, and to provide the necessary instructions, information and provide the workplace and the necessary equipment that necessary for the tasks of the self-employed.

3.2

The customer undertakes to treat his own employee fairly and equitably in relation to his own employees and in accordance with law and good practice in the labour market.

4 Work environment

4.1

It is the responsibility of the customer to observe the 3kap Section 12 of the Working Environment Act by informing the employee about laws and regulations together with their own internal instructions and procedures relating to the operations of the customer. In addition, the customer shall take the necessary precautions to ensure that the employee is not exposed to illness or accident. It is the responsibility of the customer to provide the required protective equipment. It is the responsibility of the employee to follow instructions, procedures and take action according to the customer.

5 complaints

5.1

Failure or deficiency attributable to BFs responsibility for the assignment shall by the customer promptly in writing complaint to BF. Failure or deficiency discovered by the customer after the assignment has been completed or terminated shall complaint in writing at the latest within seven (7) calendar days after the completion of the assignment. The complaint must include a clear indication of the nature and extent of the defect or deficiency.

5.2

The customer’s right to damages or a reduction in the price is forfeited if the client does not advertise within the prescribed time and in the prescribed manner.

5.3

BF shall, upon complaint or remark, be given the opportunity to remedy the defect or deficiency within a reasonable time before the customer makes claims for damages or a reduction in the price. What is reasonable time shall be assessed by reference to the nature and extent of errors or omissions.

5.4

Claims for damages or price reductions against BF shall, in order to be entitled to compensation, always be preceded by a complaint and shall, without undue delay by the customer, be submitted in writing, however, no later than two (2) months after the assignment, to which the requirement Hear, closed.

5.5

Notes relating to the self-employed shall be produced directly to the self-employed and thus not to the BF.

6 Responsibilities

6.1

BFs’s liability is limited to negligence in the performance of the administrative services that BF will perform for the assignment.

6.2

The customer is responsible for the own employee as for his own staff. The customer is therefore responsible for faults and damage that the employee may cause to the customer or third party in the course of the work performed by the employee at the customer. BF shall be held injury for all damage to the customer or third party arising out of the work performed by the employee at the customer.

6.3

BF is not liable in any case for indirect damage such as Lost profits, loss or other consequential damages, including the customer’s possible liability to third parties or loss of information.

6.4

Liability for personal injury is governed by Swedish law

6.5

The customer should subscribe and maintain for his business adequate insurance, including insurance related to the self-employed and his/her work for the customer. In that regard, the self-employed person must be regarded as equivalent to the customer’s own workers. BF, however, has the employer responsibility for the employee, which includes means that BF pays salary, social security contributions, accident insurance (GOA) and group Life Insurance (TGL). Therefore, as a result of item 6.5, BF is not liable for damage:

  • On the customer’s motorised vehicle or for consequential damages to such damage; 
  • On goods transported by the customer’s own or leased-out motor vehicles;
  • Covered by the Road Accident Act or equivalent Swedish or foreign legislation;
  • That occur as a result of motor vehicle traffic when used in a fenced competition area;
  • By aircraft, nor the liability which may be imposed on the insured in his capacity as air operator; 
  • Due to collisions caused by ships or their towed objects; Or 
  • To patient injury by law.

6.6

Should liability arise for BF, BFs is liable limited to a total amount of 0.5 price base amount, however, highest to the price of the contract. For assignments on current account, the price of the contract is the price for the last twelve (12) months of the contract. The price base amount refers to the price base amount according to the Social Security Code (2010:110) applicable at the time of the injury.

7 Intellectual Property rights

7.1

BF shall ensure by contract with the self-employed that the ownership of all material and the result that the self-employed person carries out in connection with the assignment (the “result”) is the customer, subject to mandatory law. All copyright excluding non-profit law as well as other intellectual property rights to the result must therefore constitute the client’s property. The customer shall replace BF what BF may be liable to pay to the self-employed person for the transfer of the intellectual property by law or collective agreement. In the case of an invention, the customer may enter the right holder in respect of the invention solely under the applicable law or collective agreement. If a self-employed person uses software or other tools to perform work on behalf of the customer, the right to such tools will not be transferred to the customer.

7.2

BF is not responsible for the intellectual property infringement of the result or the wrongful use of other people’s systems by its own staff.

8 Personal Data

8.1

The customer shall ensure that the employee has given consent to the customer’s handling of personal data, in accordance with GDPR, The General Data Protection Regulation, which may be deemed necessary in connection with the assignment. The customer is the data controller for

8.2

If the self-employed Person processes personal data when working at the customer, BF is not a personal data processor for such processing.

9 Privacy Policy

9.1

BF and the customer agree to keep the content of the agreement and other information related to the assignment content confidential, unless otherwise agreed with the writing.

9.2

Party has no obligation to exercise confidentiality with respect to any information

  • At the time of the Mission’s confirmation is generally available;
  • is known to the party before the other party has disclosed it; Or
  • Party is obliged to disclose by law or regulation.

10 term

10.1

The agreement is valid until further notice unless otherwise agreed. The assignment is valid for the period specified in the contract or their mission statement.

10.2

Unless otherwise agreed, both the contract and the assignment can be terminated with a 30-day notice period. Termination must be in writing.

11 termination of the agreement early

11.1

Party may terminate the agreement for immediate termination by written notice to the other party if:

  • The other party in any material respect infringes the agreement and has not taken any rectification within fourteen (14) days of written request; Or
  • The other party is declared bankrupt, commences composition proceedings, enters into liquidation or otherwise is presumed to have become insolvent, or if the other party is subject to a business ban and a party does not, immediately upon request, provide adequate security for its commitment; Or
  • If the party without the consent of the other party transfers the contract to another.

12 Befrielsegrunder

12.1

A party may suspend or postpone a mission due to an event which is not reasonably foreseeable by a party and which hinders or unreasonably overtakes the execution of the contract. Party shall not be liable for any damage or delay due to such event or Swedish or foreign legal decrees or government decisions, acts of violence or risk of violence, natural events, sudden damage events, epidemics, Labour disputes or other unforeseeable circumstances. The reservation of a work dispute applies even if the party itself is subject to or takes such action.

12.2

The Party shall, as soon as possible after the event in accordance with section 12.1 be deemed to exist, inform the counterparty. If the assignment is even after three (3) months postponed, the assignment shall cease unless the parties agree otherwise. In the case of termination of the contract, BF is entitled to compensation for work done as well as other costs.

13 Other

13.1

The parties have the right to indicate on their websites or in other company presentations the name and logo of the other party and indicate the parties ‘ cooperation.

13.2

The parties do not, without the consent of the other party, transfer the agreement, and/or rights and/or obligations thereto, to a third person.

14 Message

14.1

All notices under this Agreement shall be made by courier, registered letter or email to the parties in the assignment confirmation agreed addresses.

14.2

Notification shall be deemed to have been received by the recipient:

  • If delivered by courier: Upon surrender;
  • If sent by registered mail: Two days after delivery for postal transport;
  • If sent by email: Upon dispatch if the recipient has been duly confirmed.

15 disputes

15.1

Disputes arising out of this Agreement shall be finally settled by arbitration in accordance with the rules for simplified arbitration for the Arbitration Institute of the Stockholm Chamber of Commerce.  Skiljeför-farandets seat should be Stockholm.  The language of the procedure should be Swedish. Swedish law applies to the dispute.

15.2

However, as far as the undisputed overdue claim is concerned, BF is always entitled to make claims before a public court. BF reserves the right to change the above text and agreements without prior notice.