Terms & Conditions
Last updated: 18 July 2022
GENERAL
Information about Workbee
These terms and conditions ("Terms") are applicable to all services provided by Workbee AB (company registration number 559316-5656) ("Workbee", "us", "our" or "we") to our customers ("you").
When we refer to the "parties" we mean you and us together.
Contact information
You may contact us by sending an email to support@workbee.se ("Contact Information").
Agreeing to the Terms
By creating an Account and using the Services, you agree to the Terms. If you do not agree to the Terms, you may not create an Account or use the Services.
Definitions
THE SERVICES
Description of the Services
The Services offers private individuals (“Talent User”) so-called General Fixed-Term Employment. The Service provided matches Talent Users with businesses (“Business User”) that request Talent Users for short-term services.
Workbee provides a tool for Users who, through the Service, can submit and accept offers regarding the performance of various types of services. Business Users can use the Service to issue a Request to the Platform for a service to be performed. The Platform then matches Business Users with Talent Users most suitable for the service to be performed. Talent Users selected for the role by the Platform are issued an interest notice. Talent Users can then accept or reject an offer to, or express an interest to, provide this service to the Business User. The Business User may, following an acceptance or an expression of interest by the Talent User, choose to enter into an agreement with the Talent User regarding the performance of the service by confirming the Talent User for the service. The Gig performed as a result of the closed agreement constitutes “Mediated Service” (“Services”). More information about the Services can be found on the Site and in the Apps. To be able to use the Services, adequate internet access is required.
Talent Users have no obligation to accept, or provide an expression of interest in, an agreement to perform a Mediated Service via the Services. Talent Users reserve the right to reject agreements to perform a Mediated Service for any User. The obligation to perform the Mediated Service occurs when both the Business User and the Talent User have agreed upon the performance of the Mediated Service.
We do not undertake to perform the Mediated Service. We are therefore not responsible for the quality or performance of the Mediated Service. Agreements between the Business Users and Talent Users do not bind us, and such an agreement is not regulated in the Terms and Conditions. Obligations and rights relating to Mediated Service are thus outside of our area of responsibility.
Talent Users are employed by Gigapay Sweden AB in the form of General Fixed-Term Employment, though our partnership with Gigapay Sweden AB, while performing a Mediated Service for a Business User, for the duration of the Gig. Gigapay Sweden AB and the Talent User enter into an Employment Agreement for the duration of the Gig. At the end of the Gig, the employment ends. Each Employment Agreement amounts to separate / independent employment. This mean that the Talent Users are not employed by Workbee or Gigapay Sweden AB for the time in between Gigs. Please refer to the Site (
/en/employment-terms) and (https://www.gigapay.co/terms-and-conditions) for more information on the Employment Agreement.
A Talent User does not enter an employment relationship with the Business User in the execution of a Gig and performance of a Mediated Service. Although the Talent User performing the Mediated Service is not employed by the Business User, the Business User is still responsible for ensuring that laws, applicable rules, and good practice in the labor market are observed during the Gig.
Setting up an Account
To subscribe to the Services, you must create an Account. You confirm that all information provided to us in the creation of your Account is correct and agree to ensure that the information is accurate at all times. We are entitled to decline or adjust an order from you or shut down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account.
To use the Services, you have to be over 18 years of age.
To register your account as a Talent User it is required that you have the right to work in Sweden and have a Swedish personal identity number (“personnummer”) for which BankID is enabled. BankID is used to verify your identification and validate your User Account. (See https://www.bankid.com/en/privat/skaffa-bankid)
Once an Account has been successfully created, and your Account has been verified by us, the Services will be available and ready to use or order, as detailed on the Site and/or in the Apps.
Credentials for your Account must be kept secure at all times. You may only create one Account. You are not allowed to transfer the Account to another person or to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using our Contact Information.
Ordering the Services
The Services shall be ordered in accordance with the instructions on the Site and the Apps.
As a Business User, your order has been confirmed when you confirm or accept a Talent User for the performance of a Mediated Service. Once a Talent User has been confirmed, you have entered into an agreement with us. The order is considered to be fulfilled when the Talent User has finished performing the Mediated Service. Upon completion of the Gig, you have one hour to amend the Gig duration for each Talent User, which will affect the billing amount. If Gig duration is left unchanged, you will be billed for the displayed predefined hours as calculated by the Service.
The minimum duration of a Gig is 3 hours. Should the Business User release the Talent User before the end of these 3 hours, Workbee has the right to bill the business for the full 3 hours and pay the full agreed upon compensation to the Talent User.
When a Business User orders the performance of a Mediated Service through the Last-Minute Request function, orders have been confirmed when Workbee confirms a suitable Talent User for the role. The minimum duration of a Gig when using the Last-Minute Request function is 1 hour.
YOUR OBLIGATIONS
Eligible customers
We offer the Services to companies and other legal entities. You warrant that you are authorized to enter into these Terms on the behalf of the legal entity as well as to use all Functions.
These Terms constitute the entire agreement between us in relation to the Services. You warrant that the persons (for example, employees and representatives) you authorize to create an Account and use the Services have read and understand the Terms. You are at all times responsible for the use of the Services under these Terms, including by such persons - as if it was you using the Services.
We offer the Services to private individuals who are over 18 years of age, have the right to work in Sweden and have a Swedish personal identity number (“personnummer”) for which BankID is enabled.
Use of the Functions
When you use the Functions, you must always comply with all applicable laws, regulations, and public orders. You shall not access the Site or the Apps other than through interfaces provided by us and as otherwise expressly authorized under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You are responsible for all activities that occur under your Account.
You also agree not to:
We may have to suspend the supply of any of the Functions to:
We will endeavor to contact you in advance in the event we need to suspend the supply of any Services but may not be able to if the problem is urgent or an emergency.
Users accept that they will be rated by other Users upon use of the Service. Users accept that these ratings are made visible to other Users.
Your provision of content
The Site and/or the Apps include functions for uploading and storing files and other information provided or created by you ("Content"). You are responsible for all distribution and other actions taken by you and in your name.
By adding Content to the Site and/or the Apps, you warrant that you are a) the owner of the uploaded Content, or, b) entitled to manage the Content in such a way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site and/or the Apps.
By adding Content to the Site and/or the Apps, you are aware that, depending on the settings of your Account, such Content might be shared with others. We are not liable for any loss of Content, and we advise you to always keep your own backup of your Content. We do not take any responsibility with regards to the validity of Content provided or created by you.
PRICES AND PAYMENT
Price & hourly rate information
Business Users shall pay all applicable fees as described on the Site and/or in the Apps for the Services that have been ordered and performed. The prices for the Mediated Services to be performed are provided in the form of hourly rates. These hourly rates exclude value added tax (VAT) and a service charge for use of the Services. The price of the services provided to you will be indicated on the Event pages when you place a Request for a Talent User to perform a Mediated Service.
The hourly rates offered are calculated by us and are a function of the level of relevant experience a particular Talent User has for a given role. These rates include employer contributions (“arbetsgivaravgifter”) of between 10,21% to 31,42% and vacation compensation of 12%.
We do not offer Talent Users OB (“obekväm arbetstid”) time compensation as they choose their own working hours and decide whether they are in a comfortable position to do so. This means that hourly rates will not deviate from those advertised and are not dependent on the date or time of the Mediated Services provided.
Talent Users shall be offered and compensated with hourly rates. An hourly rate is presented to the Talent User before the Talent User chooses to accept or decline to perform a service for a Business User. The hourly rates are determined according to the level of relevant experience that a Talent User has for a given role and can vary. This means that the hourly rates offered are calculated by us and are a function of the level of relevant experience for a given role at the time that the Request is made by the Business User. The gross hourly rates offered and paid to Talent Users shall always be above minimum wage and above, or on par with, the industry standard.
Payments are made to Talent Users through their verified Gigapay Sweden AB account. (https://www.gigapay.co/terms-and-conditions).
The Talent User is, in accordance with Semesterlagen § 5 not entitled to vacation leave during the employment. However, the Talent User is entitled to compensation for the vacation of 12% of paid out salary, which is included in the hourly rates. The Talent User receives statutory pension and insurance benefits since Gigapay Sweden AB pays employer contributions.
Gigapay Sweden AB and Workbee will not assist the Talent User in adjusting provisional tax (Swedish: “jämkning av preliminärskatt”). If the Talent User, following the decision from the Swedish tax authority (“Skatteverket”), is not to pay the tax paid in by Gigapay Sweden AB, or if the Talent User is to pay in more tax, the Talent User will receive tax refund alternatively back tax in accordance with Skatteverket’s tax calculations.
Travel time that Talent Users have to and from a Gig is not compensated for. Compensation provided for services performed starts at the agreed upon time, or if running late, when the Talent User arrives for the Gig after the agreed upon time. Talent Users must notify Workbee and the Business Users through the App if they are running late. Compensation ends at the agreed upon time unless extra time is requested. Extra time must be requested by the Business User and accepted by the Talent User in the App. No additional rates are applied to extra time. This means that the Mediated Service shall performed at the previously agreed upon hourly rate for that Gig.
If a Talent User leaves a Gig prematurely, the Talent User must use the “leave event early” function in the App Event pages to declare the time that they leave. In this case, the Talent will not be compensated for the remainder of the planned Gig duration. If a Talent User fails to turn up to perform the agreed upon Mediated Service, the Talent User will not be compensated for the Gig.
Upon completion of a Gig, it is the responsibility of the Business User to attest for and confirm the accuracy of the start and end time for each individual Talent User for the services that they have performed. Start and end times can be edited by the Business User which affects billing amounts. As only an intermediary of services, we do not undertake and/or engage in resolving any disputes between Business Users and Talent Users. Any disputes that arise as a result of under declaration or misrepresentation of hours worked must therefore be resolved directly between the Users, without our involvement. Business Users may contact us at support@workbee.se to amend any previously confirmed time declarations. Talent Users may contact us at support@workbee.se to inform us about any ongoing disputes or to report misconduct or unfair treatment.
Other costs incurred by the Talent User to perform the Gig cannot be invoiced to the Business User and will not be reimbursed by Gigapay Sweden AB or Workbee.
Talent Users are entitled to paid 30 minutes rest every 6 hours worked according to applicable law. Breaks and scheduled rests are arranged and communicated between the Talent User and the Business User. Workbee does not factor in scheduled breaks and rests in the payment of, and reimbursement for, Mitigated Services ordered and rendered via the platform. Meals are also arranged and communicated between the Talent User and Business User (Event organizer). Workbee does not bill extra or make cost deductions on either the Talent User or Business User’s behalf for meals provided.
In the event of unplanned absence or cancellations from Talent Users, Business Users may request the services of replacement Talent Users via the App. If a suitable replacement cannot be found, the Event organizer has the right to cancel the Gig free of charge. Workbee is not responsible for any damages, including delays in work, that the Business User (Event organizer) may incur due to unplanned absence.
Price changes
We have the right to change the prices for the Services.
By continuing to use the Services after the price change takes effect, you are bound by the new prices. If you oppose the price changes, you must terminate your subscription with us.
Payment methods
Business Users shall be invoiced every 15 days, or twice a month, for use of the Services. Business Users agree to pay within the agreed upon payment terms. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest. For payments made through a third-party supplier, this third-party supplier's terms and conditions apply. Such terms and conditions can be found on the relevant supplier's website.
Payments are made to Talent Users through their verified Gigapay Sweden AB account. (https://www.gigapay.co/terms-and-conditions).
Payment to Talent Users for services performed shall be made monthly by us, on the 25th of the month after the services are performed. If the 25th falls on a weekend or public holiday, Talent Users will be paid on the Friday before. If an error has been made in a payment in the form of compensation, this is adjusted for a future payment. Gigapay Sweden AB retain preliminary income tax for the corresponding payment.
Refunds
Unless otherwise expressly set out in these Terms, we do not provide refunds, or credits by reason of your dissatisfaction with the Services and/or the Functions.
Cancellations
In the event of a cancellation made by the Business User, where the Business User has confirmed Talent User(s) to perform a Mediated Service or Gig, the following penalty conditions apply:
CONSEQUENCES IN THE EVENT OF MISCONDUCT
If a Talent User has agreed to perform a Mediated Service and is more than 60 minutes late to perform the Mediated Service at the agreed upon location, the Gig will be cancelled for that Talent User. The Business User shall not be billed for the Mediated Service of that Talent User and the Talent User shall not be compensated for the Mediated Service.
If a Talent User does not show up for the performance of a Mediated Service or does not show up according to the agreed time, we may close the Talent User’s account.
If a Talent User’s cancellations, where the Talent User has been the cancelling party, exceeds a figure of 5% of Gigs accepted during the last rolling 60 days, the Talent User's profile may be examined which may lead to a temporary suspension of the Talent User’s account.
Upon completion of the Gig, the Talent User shall without delay return materials provided, such as keys, ID cards, and any other equipment provided by the Event organizer. Workbee reserves the right to withhold payment for Mitigated Services rendered if the Talent User does not comply with this policy.
Workbee strictly prohibits, unless expressly authorized, Business Users from hiring Talent Users that have rendered Mitigated Services for them through the Service, for a period of 6 months after the latest Gig has completed. In the event that the Business User would like to hire and take on the role as the full- or part-time employer of any Talent User that Workbee has introduced them to, a one-time nominal recruitment fee of 10 000 SEK (excluding VAT (moms)) shall be paid to Workbee. For further information, please contact us at support@workbee.se.
TERM AND TERMINATION
The agreement is valid from the date when you create an Account until further notice.
You may at any time terminate your Account with immediate effect.
You may terminate your Account by going to the Site or the Apps and follow the instructions given there or by contacting us via our Contact Information.
Upon termination, your right to access the Services will be revoked. We will also delete or anonymize any personal information about you, with exception for any personal information that we are required to keep by law, or records of your use of the Service.
Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
Termination from our side
We reserve the right to terminate or limit the Services if you:
Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.
Workbee applies immediate termination.
LIABILITY AND LIMITATION OF LIABILITY
Disclaimer of warranties
Except as expressly provided for in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services will be uninterrupted, timely, secure or error-free.
Limitation of liability
In no event shall Workbee AB (also known as Workbee), its subsidiaries, affiliates or any of their respective employees, officers, directors, agents, partners be liable for:
Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under the applicable order/contract, excluding the sums paid to Talent Users for the performance of the Mediated Service. We have no liability if you use the Services under a trial period or otherwise free of charge.
We are only an intermediary of services and in the event that you suffer, directly or indirectly, damage or loss that is caused or alleged to have been caused by, or in connection with, the use of the Services or Mediated Service, you accept that we are not responsible or liable for compensation. The Business User must therefore, in the event of damage or loss regarding the Mediated Service, turn directly to the Talent User who has undertaken to perform the Service.
When the Business User and Talent User enter into an agreement on the performance of a Mediated Service, it is the Talent User’s responsibility to perform the service in the manner agreed. It is the Business User’s responsibility to be present at the place and at the time agreed to receive the service from the Talent User. We are not a party to the agreement and thus have no liability to Users for agreements they have made with each other through the use of the Service. We also have no obligation to perform services for the Business User and take no responsibility if the Talent User is delayed in the performance of the Mediated Service or its nature.
As only an intermediary of services, we do not undertake and/or engage in resolving any disputes between Business Users and Talent Users. Any disputes must therefore be resolved directly between Users, without our involvement. Business Users reserve the right to adjust and attest to the hours worked by the Talent User up to 12 hours after Gig completion. The Talent User has 10 days from Gig completion to contact the Business User if they disagree over hours worked and attested. If disputes are left unresolved, please contact support@workbee.se for further assistance.
Talent Users may not store or transport the cash of Business Users, nor are they responsible for locking or alarming the premises in which the Business User conducts business. In the event that Talent Users are requested to perform such a task, Workbee AB holds no liability for damage or other loss thereby incurred by the Business User.
Indemnification
You agree to defend, indemnify and hold harmless Workbee AB (also known as Workbee), its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to:
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided that we do this, we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
With the exception of cases where we have acted with gross negligence, we are always exempt from liability for breaches of the Terms and Conditions caused by events beyond our control, such as, but not limited to, water damage, lightning strikes, fires, power outages, strikes, wars, mobilization, or large-scale military conscription, new or amended legislation, requisition, seizure, government action, government regulations, conflict in the labor market and similar circumstances. If there is an obstacle for us to make the Service available or take any other action due to a circumstance in this paragraph, the action may be postponed until the obstacle has ceased.
We are not responsible for technical errors, or hardware or software errors. We are also not responsible for lost or unavailable network connections, or disconnections from your User Account.
CONFIDENTIALITY
During the term of these Terms and thereafter, the parties undertake not to disclose to any third-party information regarding these Terms, nor any other information that the parties have learned as a result of these Terms, whether written or oral and irrespective of form ("Confidential Information").
The parties agree and acknowledge that the Confidential Information may be used solely for the fulfilment of the obligations under these Terms and not for any other purpose. The receiving party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.
The confidentiality undertaking above shall not apply to any Confidential Information that the receiving party can establish is or becomes available to the public (otherwise than by breach of these Terms or any other confidentiality undertaking).
The parties also undertake to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force 3 years after the termination of the Services.
CHANGES AND ADDITIONS
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email and/or the Apps. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Site and the Apps. Amendments to the Terms become effective the business day following the day they are posted.
All new functionalities, features and content introduced and added to the Services, the Site or the Apps will be subject to what is stipulated in the Terms.
We reserve the right to change, cancel and/or terminate functions in the Service at any given time, including, but not limited to, (i) functionality, (ii) functions and (iii) services, with or without notice. All new functionality, new functions or new services launched in the Service are covered by the Terms & Conditions.
We will take reasonable measures to keep the Service operational and functional under such changes as described above. We intend to keep the Service available every day of the year but reserve the right to close the Service or parts of the Service in the event of updates and/or maintenance. We are not responsible for any disruptions in the availability of the Service that may occur due to inadequate internet connection, disruptions at the web host, or during maintenance of the Site or Apps.
COMPLAINTS AND CUSTOMER SUPPORT
If you have any complaints, you may contact our support department by using our Contact Information.
You must report errors or deficiencies in the Services that affect you in a harmful manner. Complaints are made to support@workbee.se as soon as you discover an error or malfunction in the Service.
PERSONAL DATA AND PRIVACY
You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services. You also acknowledge that we are considered as your data processor. Therefore, you agree to enter into a separate data processing agreement with us.
More information about how we process personal data can be found in our Privacy Policy (/en/data-policy).
Talent Users agree to enable location services on their mobile devices at all times while using the App.
PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
Our rights
The Site and the Apps are owned and operated by Workbee. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are our property or third-party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our prior written consent.
License
Workbee grants you a non-exclusive right and license to use the Site, the Apps and the Services for the sole purpose of us providing the Site, the Apps and the Services to you. Upon expiry or termination of this agreement, this right and license shall end.
Respect for our property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source codes or information for any purposes.
Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our prior written consent.
WORK ENVIRONMENT
The Business User is responsible for ensuring that the work environment is safe for Talent Users and that all necessary instructions, tools and safety equipment are provided, and routines explained, in order to perform the Mediated Service in a safe manner. The Business User is responsible for ensuring that laws, applicable rules, and good practice in the labor market are observed during the Gig. The Business User acknowledges that compensation may be paid to us and the Talent Users as a result of negligence in this regard.
We reserve the right to visit the workplace where the Mediated Service is performed, or to be performed, in order to observe if the work environment is adequate. We are not liable for accidents or injury as a result of work environment negligence. The Business User accepts that such a visit does not transfer liability to us.
The Business User shall immediately inform us of accidents and incidents that affect or cause injury to Talent Users.
Talent Users are not permitted to carry out dangerous tasks that may cause damage to a person, or in the absence of a valid permit or license, carry out tasks where a valid permit or license is required to perform said task.
INSURANCE
When a Mediated Service is performed the Talent User is insured with accident insurance, as well as during travel to and from the Gig. The insurance is only valid for Gigs that are fulfilled through the Services.
TAX CONSEQUENCES
The purchase and sale of Mediated Services may entail tax liabilities of various kinds. You are solely responsible for any tax consequences that may arise due to the use of the Services.
ASSIGNMENT
You may not assign any of your rights or obligations under the Terms to any third party without our prior written consent.
We may assign the Terms, and we may assign, transfer or subcontract any of our rights or obligations under the Terms, to any third party without your prior consent.
APPLICABLE LAW AND DISPUTES
Swedish law shall apply to these Terms.
Any dispute, controversy or claim arising out of or in connection with these Terms shall be settled by a general court in Sweden whereby the Stockholm District Court shall be the first instance.
COMPANY INFORMATION
Workbee AB is an entity registered in Sweden with its address at Sandelsgatan 27, 115 34 Stockholm.
Copyright 2022 © All Rights Reserved
Workbee AB
