General Terms – Clients

These general terms (the “General Terms”) apply between WorkNode Freelance AB, company registration number 559156-1294 (“WorkNode”), and a customer (the “Client”). WorkNode's Privacy Policy and Cookie Policy, available on WorkNode's website under “Terms and Policies” at /en/terms-and-policies, form an integral part of the General Terms.

1.1 An assignment agreement is entered into when WorkNode and a client company, association, federation, foundation or private individual (the “Client”) agree through a Cooperation Agreement or Assignment Agreement that a self-employed contractor (the “Self-employed Contractor”) will perform specified work for the Client (the “Assignment”) and that the Self-employed Contractor will be employed by WorkNode. WorkNode is the contractor in relation to the Client. The employment is special fixed-term employment under section 5 of the Swedish Employment Protection Act (1982:80) (LAS).

1.2 The Client must provide WorkNode with the information required concerning performance of the Assignment and the Self-employed Contractor, including the place of work, duties, dates of performance, scope and/or duration, working hours, expected result, agreed compensation, any applicable collective bargaining agreement or other agreement, and other circumstances of importance to or affecting performance.

1.3 Information about the duties and terms of the Assignment is provided to WorkNode when the Client and the Self-employed Contractor agree on the Assignment. The Assignment must be performed on terms consistent with these General Terms.

1.4 WorkNode reserves the right, freely and without stating reasons, to decline the Assignment. WorkNode never accepts assignments outside WorkNode's insured operations or in breach of applicable work-environment legislation or other law.

1.5 The price for the Assignment is stated in the assignment confirmation. If the Client confirmed the Assignment in advance, before it began, the Client must compensate WorkNode at the agreed price for the entire assignment period. The Client is not, however, required to compensate WorkNode for the entire period stated by the Client in the Assignment Description where the Client ended the Assignment because of the Self-employed Contractor's documented breach through misconduct; the burden of proving the misconduct rests with the Client. To ensure that the Self-employed Contractor has received information required for proper performance, the Client must provide the Self-employed Contractor in advance with a correct and complete written job description.

1.6 If work within the Assignment is covered by a collective bargaining agreement, the Client undertakes not to price the Assignment below the level agreed under that agreement.

1.7 If the Self-employed Contractor becomes ill while performing the Assignment after it has continued for more than 14 calendar days, so that the Self-employed Contractor becomes entitled to sick pay from WorkNode under section 3 of the Swedish Sick Pay Act (1991:1047), the Client undertakes to reimburse WorkNode in full for sick pay paid to the Self-employed Contractor during the Assignment.

1.8 If a change in law, regulation or similar measure increases WorkNode's cost of performing the Assignment and fulfilling the agreement with the Client, WorkNode may adjust the Assignment price correspondingly.

1.9 When WorkNode accepts the Assignment, the employment agreement runs from the start date reported to WorkNode by the Self-employed Contractor until no later than the stated end date.

1.10 WorkNode has no commitment to the Client or the Self-employed Contractor to provide assignments other than those agreed between the Self-employed Contractor and the Client.

1.11 The Self-employed Contractor and Client agree the scope and terms for carrying out the Assignment. The Client must check and ensure that the Self-employed Contractor has the permits, training and competence required to perform it.

2.1 The Self-employed Contractor must perform the duties at the place and times agreed with the Client.

2.2 The Self-employed Contractor must perform duties within the Assignment competently and entirely professionally, striving to further the Client's best interests. The Self-employed Contractor must comply with all laws, regulations and official rules applicable by reason of the duties and otherwise follow the Client's directions and instructions.

2.3 Where applicable, the Client is responsible for providing a workplace. The Client is also responsible for induction, supervision, control and follow-up of the Assignment, and for providing work clothing and equipment. Protective equipment necessary for performance must be approved and fully adequate in every respect.

2.4 If performance includes driving any kind of vehicle, the Client is responsible, where applicable, for ensuring that the vehicle is approved, insured, inspected and well maintained.

2.5 Performance of the Assignment is governed by relevant legislation, including the Swedish Work Environment Act (AML), Swedish Work Environment Authority regulations (AFS), Working Hours Act (ATL) and Discrimination Act (DiskrL).

2.6 The Client must arrange the Self-employed Contractor's work environment so that it meets AML and AFS requirements and enables performance without risk of ill health or accident. Before performance, the Client must specifically verify that the Self-employed Contractor has received sufficient training.

2.7 Before the Self-employed Contractor performs the Assignment, the Client must provide appropriate instruction and information, particularly about potential risks, and instruct the Self-employed Contractor how to perform it from a work-environment perspective without risking ill health or accident.

2.8 The Client must ensure that performance does not breach the ATL or expose the Self-employed Contractor to disadvantage or harassment under the DiskrL.

2.9 The Client must in every respect fully assist WorkNode, public authorities and WorkNode's insurers in investigations of risks, damage, incidents and similar events of any kind.

WorkNode enters into the agreement with the Client for performance of the Assignment, including the following commitments by WorkNode (the “Commitments”):

a) provide the Self-employed Contractor with a WorkNode account;

b) administer invoicing of the Client;

c) administer salary payments to the Self-employed Contractor;

d) report employer contributions, withhold tax and submit income statements to the Swedish Tax Agency;

e) provide insurance arrangements under section 6 below; and

f) issue employer certificates.

4.1 The Client has vicarious liability and is liable to third parties for the Self-employed Contractor as for its own employees and, as a starting point, is liable to third parties for damage or loss the Self-employed Contractor may cause them. WorkNode must be indemnified against all damage suffered by the Client or a third party as a result of work performed by the Self-employed Contractor for the Client. The Client is also liable for all personal injury and property damage caused by the Client's failure to discharge its responsibility under this agreement.

4.2 The Client should take out and maintain insurance adequate for its operations, including insurance relating to the Self-employed Contractor and their work for the Client. For this purpose, the Self-employed Contractor must be treated in the same way as the Client's own employees.

4.3 WorkNode has employer responsibility for the Self-employed Contractor, which means that WorkNode's responsibility is limited to proper performance of the Commitments under section 3.

4.4 WorkNode is never liable for indirect loss suffered by either the Self-employed Contractor or the Client and caused by the Self-employed Contractor, such as loss of profit, other loss or consequential loss, including any Client liability to third parties or loss of information.

4.5 As a consequence of clause 4.3, WorkNode is therefore not liable for:

a) damage to the Client's motor vehicles or consequential loss from such damage;

b) damage to goods transported in the Client's own or hired motor vehicles;

c) damage governed by the Swedish Traffic Damage Act or equivalent Swedish or foreign legislation;

d) damage arising from motor-vehicle traffic when used within an enclosed competition area;

e) damage caused by aircraft, or liability imposed on an insured person as an aviation operator;

f) damage caused by collision involving vessels or objects towed by them; or

g) patient injury under law.

4.6 WorkNode's liability to the Client for errors and deficiencies in WorkNode's performance of the Commitments is limited to gross negligence.

4.7 If WorkNode incurs liability in damages, its liability is limited in aggregate to an amount corresponding to 0.5 price base amounts, but no more than the price of the Assignment. For an Assignment charged on a time-and-materials basis, the price is the price for the latest twelve months of the Assignment.

4.8 WorkNode's liability to the Client must also be reduced by amounts the Client can recover under insurance taken out or otherwise held by the Client, or under an agreement or indemnity entered into by or benefiting the Client.

4.9 If the Client does not meet its commitments under sections 2 and 4, WorkNode may claim damages from the Client corresponding to the amount for which WorkNode is held liable in connection with damages, an accident or similar event.

5.1 The Client must make complaints and claims concerning errors or deficiencies in the Assignment or WorkNode's performance of the Commitments as soon as it becomes aware of the circumstances on which the complaint or claim is based. A claim may not be made later than seven days after the latest of (i) the date on which the final invoice for the relevant Assignment was issued and (ii) the date on which the relevant circumstances became known to the Client or could, after reasonable investigation, have become known; and (iii) in all circumstances no later than three months after the relevant Assignment ended. Complaints must be submitted in writing to support@worknode.se and identify the Assignment, clearly describe the nature and scope of the error or deficiency and any consequences. The Client forfeits its right to damages or a price reduction unless it complains within the prescribed time and in the prescribed manner.

5.2 The Client must give WorkNode an opportunity, and where applicable access to the workplace, to remedy an error or deficiency. After receiving the Client's complaint, the Self-employed Contractor must remedy the reported error or deficiency on WorkNode's behalf within a reasonable time where practically possible.

5.3 Any Client objections concerning the Self-employed Contractor's performance must be raised directly with the Self-employed Contractor.

While performing the Assignment, the Self-employed Contractor is covered by occupational accident insurance (TFO) and group life insurance (TGL). The conditions for insurance cover are stated at /en/insurance.

Activities requiring particular professional competence or permits are not covered by insurance for the intended work.

WorkNode accepts no responsibility whatsoever for any individual or work where no employment exists between WorkNode and that individual.

Insurance does not apply to activities that:

require a special permit or registration by law, for example road transport, SWEDAC and accredited operations; or

require specific professional competence or certification, for example specialised construction and civil-engineering work involving heating, water, drainage, electrical installation or gas installations.

7.1 WorkNode must ensure by agreement with the Self-employed Contractor, to the extent possible under applicable law, that the Self-employed Contractor transfers to the Client ownership and the exclusive right to use all materials and results arising through the Self-employed Contractor's efforts or participation during the Assignment (the “Result”). The Client must reimburse WorkNode for amounts WorkNode is required to pay the Self-employed Contractor for transfer of the Result under law or a collective bargaining agreement.

7.2 The Self-employed Contractor and Client are jointly responsible for ensuring that the Result does not interfere with or infringe another party's intellectual property rights. WorkNode is not liable for the Result's infringement of such rights.

8.1 WorkNode and the Client are bound by confidentiality under the Cooperation Agreement or Assignment Agreement between them.

8.2 The Self-employed Contractor is bound by confidentiality under WorkNode's General Terms for Self-employed Contractors, including that the Self-employed Contractor may not, during or after employment (unless required to perform obligations under the agreement with WorkNode or by law), use or disclose to any person or company information concerning WorkNode or the Client that WorkNode or the Client may reasonably be expected to wish to keep confidential.

9.1 The Client undertakes to process personal data only in accordance with legislation on personal-data processing in force from time to time. The Client is the controller for personal data it processes.

9.2 If the Self-employed Contractor processes personal data while performing the Assignment for the Client, WorkNode is neither controller nor processor for that processing.

10.1 The agreement continues until further notice unless otherwise agreed in an Assignment Agreement or Cooperation Agreement.

10.2 Either Party may terminate an Assignment Agreement or Cooperation Agreement with immediate effect by written notice to the other Party if:

a) the other Party has committed a material breach and has not remedied it within 14 days after written demand from the first Party;

b) the other Party is declared bankrupt, commences composition negotiations, enters liquidation, may otherwise be assumed insolvent, or is prohibited from conducting business and does not provide adequate security for its commitment immediately on request; or

c) a Party transfers the agreement to another party without the other Party's consent.

11.1 A Party may suspend or postpone the Assignment because of an event that occurs which the Party could not reasonably have foreseen and which prevents or makes performance unreasonably expensive. A Party is not liable for loss or delay caused by such an event, Swedish or foreign law or authority decision, acts or risks of violence, natural events, sudden damaging events, endemic disease, epidemic, pandemic, labour disputes or another unforeseeable circumstance. The reservation concerning labour disputes applies even if the Party itself is subject to or takes such industrial action.

11.2 A Party must notify the other Party as soon as it considers that an event under clause 11.1 exists. If the Assignment remains postponed after three months, it ends unless the Parties agree otherwise. If the Assignment ends, WorkNode is entitled to compensation for work performed and costs incurred up to that point.

11.3 WorkNode may always terminate the Assignment Agreement and these General Terms with immediate effect if the Self-employed Contractor fails to attend when due to perform the Assignment.

12.1 A dispute between the Parties concerning interpretation or application of the General Terms must be resolved by arbitration under the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. Swedish law applies.

12.2 The arbitration must take place in Stockholm.

12.3 Notwithstanding the choice of forum above, WorkNode may always bring a claim in an ordinary court for an undisputed debt that has fallen due.

WorkNode may amend the General Terms without the Client's prior notice or approval. Amendments take effect one month after the Client has been notified of them.