General conditions - clients
These general terms and conditions ("General Terms and Conditions") apply between Worknode Freelance AB, reg. no. 559156-1294 ("Worknode"), and a customer ("Customer"). Worknode's Personal Data Policy and Cookie Policy, which can be read on Worknode's website; www.worknode.se under the heading "Agreement and General Terms and Conditions", form an integral part of the General Terms and Conditions.
1. CONTRACT OF ASSIGNMENT
1.1 Assignment agreements are concluded by Worknode and a client company, association, federation, foundation or a private individual ("Client") agreeing through a Cooperation Agreement or Assignment Agreement that a self-employed person ("Self-Employed Person") shall perform a certain work for the Client ("Assignment") and that the Self-Employed Person shall be employed by Worknode. Worknode is the contractor in relation to the Client. The employment is a general fixed-term employment in accordance with Section 5 of the Employment Protection Act (1982:80).
1.2 It is the Customer's responsibility to provide Worknode with the necessary information regarding the performance of the Assignment and the Self-employed person, such as: place of work, work tasks, date of performance of the work, scope and/or duration of the work, working hours, expected result, agreed remuneration, any applicable collective agreement or other agreement or circumstances that are of importance or affect the performance of the work.
1.3 Information about tasks and conditions for the Assignment is communicated to Worknode when the Customer and the Self-employed person agree on the Assignment. The Assignment shall be performed on terms consistent with the terms of these General Terms and Conditions.
1.4 Worknode reserves the right to freely and without giving reasons refuse to accept the Assignment. Worknode never undertakes assignments that are not covered by Worknode's insured activities, which violate applicable work environment legislation or other legislation.
1.5 The price for the Assignment is stated in the assignment confirmation. If the Customer has confirmed the Assignment in advance, i.e. before the Assignment has begun, the Customer is obliged to compensate Worknode for the entire assignment period with the agreed price. However, the Customer is not obliged to compensate Worknode for the entire assignment period, as stated by the Customer in the Assignment Description, in the event that the Customer has terminated the Assignment due to the Self-employed person's documented and contractually contrary misconduct, whereby the burden of proof for the misconduct rests with the Customer. To ensure that the Self-employed person has received information about the correct fulfillment of the Assignment, it is the Customer's responsibility to provide the Self-employed person with a correct and complete job description in writing in advance.
1.6 If the work to be performed within the framework of the Assignment is covered by a collective agreement, the Client undertakes not to price the Assignment below the agreed level under the collective agreement.
1.7 In the event that the Self-employed person should become ill during the performance of the Assignment, and that the Assignment at this time has lasted more than 14 calendar days, whereby the Self-employed person has become entitled to receive sick pay from Worknode in accordance with Section 3 of the Act (1991: 1047), the Customer undertakes to fully compensate Worknode for what Worknode has paid to the Self-employed person in the form of sick pay during the Assignment.
1.8 If changes in law, regulations or similar occur, with the result that Worknode's cost for performing the Assignment and fulfilling the agreement with the Customer increases, Worknode is entitled to adjust the price for the Assignment accordingly.
1.9 Upon Worknode's acceptance of the Assignment, the employment contract runs from the date that the Self-employed person has stated to Worknode as the start of the Assignment and at most until the date stated as the end date of the Assignment.
1.10 Worknode has no obligation to the Client or the Self-employed person to provide the Self-employed person with other assignments than what the Self-employed person has agreed with the Client.
1.11 The scope and conditions for the implementation of the Assignment have been agreed between the Self-employed person and the Customer. It is the responsibility of the Customer to check and ensure that the Self-employed person has the licenses, training and skills required to perform the Assignment.
2. WORKING ENVIRONMENT
2.1 The Self-employed person shall perform the work tasks at the place and at the times agreed between the Self-employed person and the Customer.
2.2 The Self-employed person shall perform his tasks within the framework of the Assignment in a professional and thoroughly professional manner and with the best interests of the Customer in mind. The Self-employed person must also comply with all laws, regulations and official regulations that may be applicable in connection with the Self-employed person's work tasks and otherwise follow the Customer's instructions and instructions.
2.3 Where applicable, the Customer is responsible for providing a workplace. The Customer is also responsible for work introduction, work management, control and follow-up of the Assignment. The Customer is also responsible for providing work clothes and equipment. Any protective equipment necessary for the performance of the Assignment must be approved and adequate in all respects.
2.4 In the event that the performance of the Assignment includes driving a vehicle of any kind, the Customer is responsible for ensuring that the vehicle, where applicable, is approved, insured, inspected and well maintained.
2.5 The performance of the Assignment is covered by relevant legislation such as the Work Environment Act (AML) and the Swedish Work Environment Authority's regulations (AFS), the Working Hours Act (ATL) and the Discrimination Act (DiskrL).
2.6 It is the Customer's responsibility to ensure that the Self-employed person's work environment is designed to meet the requirements of AML and AFS and so that the Self-employed person can perform the Assignment without risk of illness or accident. It is the Customer's responsibility, before the Assignment is carried out, to specifically check that the Self-employed person has received sufficient training for the performance of the Assignment.
2.7 It is the Client's responsibility, before the Self-employed person's performance of the Assignment, to provide appropriate instructions and information to the Self-employed person, and in particular to inform the Self-employed person of potential risks with the performance of the Assignment and to provide instructions on how the Assignment should be performed from a work environment perspective so that the Self-employed person does not risk being exposed to ill health or accidents.
2.8 It is the responsibility of the Client to ensure that the performance of the Assignment is not in violation of ATL's rules or that the Self-employed person is subjected to disadvantage or violations according to DiskrL.
2.9 The Client is obliged to fully assist Worknode, the authorities and Worknode's insurance company in all respects in the investigation of risks, injuries, incidents and the like, of whatever kind they may be.
3. OBLIGATIONS OF THE WORKNODE
Worknode enters into an agreement with the Client on the performance of the Assignment including the following obligations for Worknode (the "Obligations"):
a) provide the Self-Employed Person with a Worknode account,
b) administer the billing of the Customer,
c) administer the payment of wages to the Self-Employed Person,
d) report employer's contributions, make tax deductions and submit control information to the Swedish Tax Agency,
e) provide insurance solutions in accordance with point 6 below; and
(f) issue employer's certificates.
4. COMMITMENTS OF THE PARTIES
4.1 The customer has primary responsibility and is liable to third parties for the Self-employed person as for their own employees and is basically liable to third parties for damage or loss that the Self-employed person may cause third parties. Worknode shall be held harmless for all damage to the Customer or third parties that arise as a result of the work that the Self-employed person performs at the Customer. The Customer is also responsible for all damage (personal and property) caused by the Customer's failure to fulfill its responsibilities under this agreement.
4.2 The Customer should take out and maintain adequate insurance for its business, including insurance attributable to the Self-employed person and his work for the Customer. The Self-employed person shall in this respect be considered equal to the Customer's own employees.
4.3 Worknode is the employer of the Self-Employed Person, which means that Worknode is limited to being responsible for the proper fulfillment of the Obligations in accordance with paragraph 3 above.
4.4 Worknode is not liable in any case for indirect damage either to the Self-employed person or to the Customer caused by the Self-employed person such as, for example, loss of profit, loss or other consequential damage, including the Customer's possible liability to third parties or loss of information.
4.5 As a result of point 4.3 above, Worknode is therefore not liable for damage:
a) to the Customer's motor vehicle or for consequential damage to such damage;
b) on goods transported by the Customer's own or hired motor vehicles;
c) covered by the Road Traffic Injuries Act or equivalent Swedish or foreign legislation;
d) occurring as a result of motor vehicle traffic when used within the fenced competition area;
e) by aircraft, nor the liability that may be imposed on the insured in his capacity as pilot;
f) as a result of collision caused by ships or their towed objects; or
g) attributable to patient injury by law.
4.6 Worknode's liability to Client for errors and omissions in Worknode's performance of the Undertakings is limited to gross negligence.
4.7 Should liability for damages arise for Worknode, Worknode's liability is limited to a total amount corresponding to 0.5 price base amounts, but not more than the price for the Assignment. In the case of Assignments on current account, the price for the Assignment consists of the price for the last twelve (12) months for the Assignment.
4.8 Worknode's liability to the Client shall also be reduced by amounts that the Client may receive under insurance the Client has taken out or is otherwise covered by, or agreements or indemnity agreements that the Client has entered into or is a beneficiary of.
4.9 In the event that the Customer does not fulfill its obligations under §2 and §4, Worknode has the right to claim damages from the Customer, corresponding to the amount for which Worknode is held liable for damages, accident, etc.
5 COMPLAINTS
5.1 Complaints and claims regarding errors or deficiencies in the Assignment or Worknode's performance of the Undertakings must be made by the Client as soon as it has become aware of the circumstances on which the complaint or claim is based. Claims may not be made later than seven (7) days after the later of (i) the date on which the last invoice was issued for the Assignment to which the claim relates and (ii) the date on which the circumstances in question were known to the Client or, after reasonable investigation, could have become known to the Client and (iii) in any event not later than three (3) months from the completion of the Assignment to which the claim relates. Complaints must be made in writing to(support@worknode.se) stating: the Assignment to which the complaint relates; a clear description of the nature and extent of the error or defect and any consequences. The Customer's right to damages or price reduction is forfeited unless the Customer complains within the prescribed time and in the prescribed manner.
5.2 The Client must give Worknode the opportunity, and where applicable access to the workplace, to remedy the defect or deficiency. After receiving a complaint from the Client, the Self-employed person must rectify the reported defect or deficiency on behalf of Worknode within a reasonable time, if practically possible.
5.3 The customer's possible remarks regarding the self-employed person's performance of the assignment must be presented by the customer directly to the self-employed person.
6. INSURANCE
During the performance of the Assignment, the Self-employed person is covered by accident insurance (TFO) and group life insurance (TGL). The conditions for being covered by the insurance cover are stated on Worknode's website; www.worknode.se under "Insurance".
Activities requiring special professional skills or permits are not covered by the insurance for the intended work.
Worknode does not take any responsibility for either the individual or the work as no employment exists between Worknode and the individual.
The insurance does not apply to activities such as:
By law, requires specific authorization or registration to carry out the activity. For example, for road transport, SWEDAC and accredited activities.
Requires specific professional skills, certificates, for example, specialized construction activities for heating, water, sewage, electrical installation and gas installation works.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Worknode must ensure by agreement with the Self-employed person, to the extent possible under applicable law, that the Self-employed person transfers the ownership and exclusive right of disposal of all material and the result that arises through the Self-employed person's care or participation during the Assignment ("the Result") to the Client. The customer is obliged to compensate Worknode for what Worknode has had to pay to the Self-employed person for the transfer of the Result according to law or collective agreement.
7.2 The Self-employed person is responsible, together with the Customer, for ensuring that the Result does not infringe or constitute infringement of another's intellectual property rights. Worknode is not responsible for the Result's infringement of another's intellectual property rights.
8. SECRECY
8.1 Worknode and the Customer are bound by the confidentiality that follows from the Cooperation Agreement or Assignment Agreement concluded between the parties.
8.2 The Self-Employee is bound by the confidentiality set out in Worknode's General Terms and Conditions for Self-Employment, including that the Self-Employee may not, either during the employment or after its termination (unless required by the Self-Employee's performance of his duties under the agreement with Worknode or by law) use or disclose to any other person or company such information concerning Worknode or the Customer, which Worknode or the Customer can reasonably be expected to want to keep confidential.
9. PERSONAL DATA
9.1 The Customer undertakes to process personal data only in accordance with the legislation in force at any given time regarding personal data processing. The Customer is to be regarded as the controller of personal data processed by the Customer.
9.2 In the event that the Self-employed person processes personal data within the framework of the performance of the Assignment at the Customer, Worknode is not the data controller or data processor for such processing.
10. DURATION AND EARLY TERMINATION OF THE CONTRACT
10.1 The Agreement is valid until further notice, unless otherwise agreed in the Assignment Agreement or Cooperation Agreement.
10.2 A party is always entitled to terminate the Assignment Agreement/Cooperation Agreement with immediate effect by written notice to the other party if
a) the other Party has materially breached the Agreement and has not remedied the breach within fourteen (14) days of a written request from the other Party; or
b) the other party is declared bankrupt, enters into composition proceedings, goes into liquidation or is otherwise presumed to be insolvent, or if the other party is prohibited from trading and does not immediately upon request provide adequate security for its obligation; or
c) if a party assigns the contract without the consent of the other party.
11. GROUNDS FOR EXEMPTION
11.1 A Party may cancel or postpone the Assignment due to an event that occurs and which the Party could not reasonably have foreseen and which prevents or unreasonably increases the cost of carrying out the Assignment. The Party is not liable for damage or delay due to such an event or Swedish or foreign law or government decision, acts of violence or the risk of acts of violence, natural events, sudden damaging events, endemic, epidemic, pandemic, labor conflicts or other unforeseeable circumstances. The reservation in respect of labor disputes applies even if the party itself is subject to or takes such dispute action.
11.2 A party shall notify the other party as soon as possible after the event referred to in 11.1 is deemed to have occurred. If the Assignment is still postponed after three (3) months, the Assignment shall be terminated unless the parties agree otherwise. If the Assignment is terminated, Worknode is entitled to compensation for work performed to date and costs.
11.3 Worknode may always terminate the Assignment Agreement and these General Terms and Conditions with immediate effect in the event that the Self-Employed Person fails to perform the Assignment.
12. DISPUTES
12.1 Disputes between the Parties concerning the interpretation or application of the General Terms and Conditions shall be settled by arbitration, whereby the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce on Expedited Arbitration shall apply. Swedish law shall apply.
12.2 The arbitration shall take place in Stockholm.
12.3 Regardless of the choice of forum as described above, Worknode is always entitled to bring a claim before a general court regarding undisputed and overdue claims.
13. AMENDMENT OF THE GENERAL CONDITIONS
Worknode has the right to change the General Terms and Conditions without prior notice or approval from the Customer. Amendments will enter into force one (1) month after the Customer has been notified of the amendment.