This agreement, Gigapay’s Service Terms, and other agreements and policies available on our site contain the terms and conditions under which Gigapay offers you access to Gigapay’s digital platform, including its websites, applications, application programming interface and other tools, and the services Gigapay provides through it (the “Service”).
All terms and policies including Privacy Notice and Cookies Policy, are part of this agreement (“Agreement”). By using the Service, you agree to this Agreement. When accessing the Service, you enter into an Agreement with Gigapay Sweden AB (business registration number: 559070-3616), Box 3181, 103 63 Stockholm (“Gigapay” and “we”).
Extent
These Service Terms govern the use of the Service in connection with content creation and other marketing services (“Assignments”) performed by creatives (“Creative”) for external principals (“Client”) in an international setting. Gigapay purchases the Creative’s services comprised in an Assignment and resells them to the Client, in its own name and for its own account; where the Annex applies, Gigapay employs the Creative instead. The terms and conditions also explain how we expect you to use the Service – whether you are a registered Creative, Client, or unregistered site visitor on our website and/or Service.
Your access to and use of our Service are conditioned on you accepting and complying with the Service Terms. The Service Terms apply to all Visitors, Creatives, Clients, and others who have access to or use the Service and/or another service connected to the Service. By visiting or using the Service you accept and are bound to the Service Terms.
If you are representing a legal entity, you confirm that you have the right to sign agreements for the legal entity you represent. You may be held personally liable and liable for reimbursement for any damage that may occur as a result of not having such authority.
Where Gigapay employs the Creative under the Annex to these Service Terms (Employment by Gigapay in Sweden), the Annex also applies. Where the Annex and these Service Terms differ in respect of the employment, the Annex prevails.
Where the Creative has also accepted terms of a partner through whose platform the Creative is engaged, these Service Terms prevail over those terms in respect of Gigapay’s purchase of the Creative’s services, the payment of the Payout and its timing, any deductions, the Creative’s tax and reporting treatment and, where applicable, the Creative’s employment by Gigapay. The partner’s terms govern the partner’s own services.
A Client’s use of the Service is governed by its Service Agreement with Gigapay, which prevails over these Service Terms.
The Service
Gigapay acts as Merchant of Record: it is the Creative’s buyer and the Client’s seller, in its own name and for its own account. In that capacity Gigapay becomes a formal counterpart in the relationship between the Creative and the Client. The Creative supplies its services to Gigapay under Gigapay’s terms, and Gigapay supplies them to the Client under the Service Agreement. The Creative and the Client agree what the Creative will do and what the Creative will be paid in the Creator Agreement. Gigapay pays the Creative the Payout for the Assignment; the Client does not pay the Creative for an Assignment paid through the Service.
When the Creative claims the Payout, Gigapay purchases the Creative’s services comprised in the Assignment and concurrently resells those services to the Client. The price Gigapay pays for the Creative’s services in an Assignment, as recorded in the Service, is the “Payout”. The Service provided by Gigapay includes (i) administrative support for the Client and the Creative; (ii) the handling of billing; (iii) a compliance engine enabling the onboarding of the Creative; (iv) letting the Creative choose a payout method, carried out by Gigapay’s PSPs; (v) where Gigapay employs the Creative, salary payments and fixed-term employment as described in the Annex; and (vi) reporting to the relevant tax authority, when applicable.
This means that both the Client and the Creative can minimize their administration. The Creative and the Client receive access to accounts in the Service (“Service account”), specifically catered to help with the administration surrounding the Payouts claimed through the Service.
Gigapay partners with payment service providers (“PSP”) to process the payments Gigapay receives from Clients and the Payouts Gigapay makes to Creatives. The payment service connected to the Payouts and other payments performed in the Service are all performed by Gigapay’s PSPs.
Gigapay intends to keep the Service available every day of the year but reserves the right to shut down the Service or parts of the Service during updates and/or maintenance. Gigapay is not responsible for any disruptions in the availability of the Service that may occur due to, for example, insufficient internet connection, disruptions at the web host, during maintenance of the Service, disruptions on the Client or the Creative’s side, or disruptions at subcontractors such as, but not limited to, PSP, banking and identification services.
Gigapay decides which countries the Service is available in. Gigapay may add, remove or restrict a country at any time, and is not obliged to make the Service available in any particular country or to keep it available. If your country is not available, or stops being available, you cannot be onboarded or receive Payouts through the Service until it is available again.
Registration and access to the Service account
In order to access the Service, you will need to create a Service account and complete the onboarding process. The different terms and conditions tied to the Clients’ Service account (“Client account”) and Creatives’ Service account (“Creative account”) are defined in this Section.
Creative account
Age limit
To use the Service, you have to be at least eighteen (18) years of age and have legal capacity to enter into a binding agreement. The Annex on employment by Gigapay in Sweden sets a different age limit for Creatives employed under it. You need to register and have an approved account to use the Service. In addition, you are required to have permission to work in the country in which you are conducting your business. By using the Service, you are acting as an independent entity to Gigapay and the Client, unless Gigapay employs you under the Annex.
Onboarding
When a Creative first signs in to the Service, they will be asked to complete an onboarding process. The information requested and provided during the onboarding process enables Gigapay to fulfill its obligations as a Merchant of Record. Gigapay is committed to facilitating efficient onboarding, offering tailored solutions for Creatives in the regions supported by the Service. The information collected during the onboarding process is specifically requested for both the identification of the Creative and the tax reporting that may follow after the Payout has been made.
During onboarding, the Creative will typically be able to pick between three onboarding options (“Status”). They may onboard as an individual (exceptions may apply), a sole trader, or a company. Whether Gigapay employs the Creative is determined under the Annex. The Creative may also change their Status in the Service if they register their activity or change their Status along the way. In this case, Gigapay will request, update, and verify the required information for that specific Status. The Creative confirms that they are entitled to receive the Payout in the Status they have selected and that the information they have given about that Status is correct, and informs Gigapay without undue delay if it changes, including where they register a business or obtain or lose a Swedish F-tax registration.
Gigapay may need to verify your information to comply with applicable laws. The verification may include the validation of your information against third-party databases or the verification of official or legal documents that confirm e.g. your identity, tax information, details about your business, and your ability to act on behalf of your business through Gigapay. You authorize Gigapay, directly or through third parties, to make any inquiries necessary to validate e.g. your identity, the location from where you are conducting your business, ownership of your business, tax information, and relevant documents such as A1 forms. When requested, you are required to provide Gigapay with additional information and cooperate with other reasonable requests Gigapay is making to verify your identity or eligibility to receive Payouts through the Service. During a verification process, features in your account may be temporarily limited. They will be restored if the verification is successful.
The information requested during the onboarding may vary slightly depending on the country and Status but may include i.a. name, address, TIN number, country of work, nationality(ies), VAT number (if relevant), date of birth, copy of an ID, bank account number, license, name of agency, A1 form (if relevant). If relevant, Gigapay is also asking the Creative about their ties to Sweden. The Creative will not be able to receive a Payout without providing the information required during their onboarding
You may find more information on how your personal data is being processed in our privacy notice.
Act as someone else and misuse of documents
You are not allowed to act for someone else and, for instance, receive a Payout for someone else’s work. It is not allowed to register on Gigapay with someone else’s ID, such as a passport or an electronic ID. Similarly, it is not allowed to add someone else’s personal information or company information on your profile or your invoices. The Creative shall only share information that, to the best of their knowledge, is correct and true. This includes information such as tax identification number (“TIN”), company registration number, and country of work. Gigapay may take legal action against impersonation, deception, and misuse of documents such as borrowing or counterfeiting personal documents.
Agencies
In the case the Creative is an agency (“Agency Creative”), said agency may create an agency Service account from which they may manage the Payouts to one or more Creatives it represents (“Represented Creative”). Agencies go through a manual onboarding process before receiving access to the regular onboarding process. Because of their relationship with the Client and the Represented Creative, Agency Creatives may only onboard as a company or a sole trader. Agency Creatives are required to invoice in their agency’s name and shall fill in the information tied to their agency during onboarding or when they are invoicing Gigapay.
Agency Creatives are bound by all terms defined within these Service Terms. When the Creative is an agency, the agency is Gigapay’s contractual counterparty. The Payout made to the agency may be reported to the tax authorities (if applicable) and will be treated as any other Payout.
The Agency Creative shall for all purposes be considered as having the formal relationship with the Represented Creative and shall bear the full responsibility towards the Represented Creative with regards to for example payment of compensation, tax reporting, and more.
Gigapay acts on the account structures, links and information recorded in the Service, including any link between an Agency Creative and a Represented Creative. Gigapay is not responsible for loss arising from changes to such links, or from links not being established or maintained, unless caused by Gigapay’s negligence.
The relationship between an Agency Creative and a Represented Creative is a matter between them, and Gigapay does not verify or enforce it. Where an Agency Creative asks to take over or represent another Creative’s account, or to change account links, Gigapay processes the request once it receives the information and documents it requests, and is not responsible for the authority behind the request. Gigapay may at any time request additional information and documents from the Agency Creative, the Represented Creative or any other party concerned.
Inactive Creative accounts and unclaimed Payouts
Gigapay reserves the right, to the extent permitted by applicable law, to terminate accounts that have been inactive for more than one (1) year.
The Creative shall claim the Payout for a fulfilled Assignment within one (1) year after notification that the Payout is available in the Service. After one (1) year, the right to claim the Payout lapses. This does not apply to salary payable to a Creative employed by Gigapay.
Client account
The Client is onboarded manually by Gigapay after having entered into an agreement with Gigapay. The Client is responsible for assigning the permissions and giving access to the Service to an authorized employee (“Administrator”). By assigning permission to an Administrator, the Client acknowledges that they are responsible for any action carried out by said Administrator. Such actions could be, but are not limited to, recording and approving Assignments, accessing payout data, and connecting new Creatives to the Client. The Client cannot hold Gigapay liable for actions carried out or any costs incurred by the assigned Administrator. In the event that the Client wants to add or remove any of the Administrators, they shall contact Gigapay or, to the extent possible, manage it in Gigapay’s Service.
Activity on the Service account
You are responsible for all activity on your Service account. By granting access to the account to another person than yourself, you agree that: (i) the person who has access to the account is authorized to act on your behalf; and (ii) you are fully responsible and liable for what the person does and/or does not do, with respect to recording and approving Assignments, claiming Payouts, and entering into agreements, including the terms and conditions. If any person who has been granted access to your Service account violates the terms and conditions, it may affect your ability to use our Service. Furthermore, you are responsible for maintaining the confidentiality and security of the credentials used to access your Service account.
The Creative’s Assignment
The Creative’s Status
Except where Gigapay employs the Creative under the Annex, the Creative is an independent contractor or self-employed worker who receives Payouts through the Service after undertaking Assignments for the Client. Except where Gigapay employs the Creative under the Annex, the Creative is a separate and independent entity from Gigapay for all purposes. The Creative represents and warrants that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Creative is responsible for subscribing to their own insurance(s), registering their activity and/or for licenses (if required by applicable legislation), and ensuring they acknowledge and comply with applicable laws and regulations.
The Creative tax duties include inter alia: (i) Paying any direct or indirect taxes; (ii) Paying any Value added taxes (“VAT”); (iii) Social fees and contributions; (iv) Personal income tax, which may vary depending on residency, location, or otherwise, under provisions of his jurisdiction; (v) Municipal Fees; (vi) Other taxes that may be relevant for the Creative.
The Creative is responsible for procuring and performing its Assignments. As between the Creative and Gigapay, the Creative is responsible for the services it supplies under an Assignment. If the Client makes a claim against Gigapay concerning those services, the Creative cannot claim compensation from Gigapay because of it, and Gigapay may pass the claim on to the Creative. This does not affect a Payout the Creative has already claimed. Matters that arise from the relationship between the Client and the Creative rather than from the services Gigapay purchases, such as the brief, rights of use, exclusivity and how either of them behaves towards the other, are for the Client and the Creative to settle between them, and Gigapay is not responsible for them.
When the Payout can be claimed
Once the Client has approved the Assignment in the Service, the Creative may claim the Payout from the Standard Payment Date shown in the Service. The “Standard Payment Date” is the date shown in the Service for the Assignment from which the Payout can be claimed. The Creative will not hold Gigapay liable for any late Payout and/or absence of Payout because of circumstances beyond Gigapay’s control. Such circumstances include but are not limited to disturbances on Gigapay’s PSP’s side.
Any claim regarding the Client’s decision to cancel an Assignment shall be handled directly between the Client and the Creative.
Until the Creative claims the Payout, Gigapay has not purchased the Creative’s services and may decline to purchase them if Gigapay is unable or unwilling to do so, including but not limited to cases of (i) suspicion of fraud; (ii) country unavailability in the Service; (iii) sanctions, regulatory, or compliance obligations; or (iv) any other circumstances that prevent Gigapay from completing the purchase. Gigapay informs the Creative when it declines, and the Creative’s recourse for the Assignment lies with the Client under the agreement between the Client and the Creative.
Until the Creative claims the Payout, Gigapay may cancel the Assignment or correct it to reflect the Creative, scope or amount actually ordered by the Client, and the Client may cancel the Assignment where the services were not delivered. Gigapay informs the Creative of a correction or cancellation. Once the Creative has claimed the Payout, the Assignment can no longer be cancelled.
The Assignment performed by the Creative
The Assignment performed by the Creative consists of creating, producing, publishing or promoting content, and other marketing services, such as influencer marketing, blogging, user-generated content (UGC), modelling for content or campaigns, and gaming content.
It is up to the Client and the Creative to determine in more detail which tasks are to be carried out to complete the Assignment. The Creative and the Client shall enter into an agreement on the Assignment (the “Creator Agreement”) covering its nature, compensation and deliverables, which reflects that Gigapay purchases the Creative’s services and resells them to the Client and that the Creative is paid through the Service. The Creative shall not accept payment from the Client, directly or through anyone else, for services in an Assignment that is paid through the Service.
For each Assignment, Gigapay purchases the Creative’s services when the Creative claims the Payout, and the Service relationship for that Assignment ends when the Payout has been paid. Where Gigapay employs the Creative, the employment for the Assignment is governed by the Annex. With each Assignment, a new service relationship arises between the Client and Gigapay and between Gigapay and the Creative.
The Service is used only to pay the price of the Creative’s services performed under an Assignment. It is not used for prizes or winnings, gifts, reimbursement of expenses, or any other payment that is not the price of the Creative’s services. Gigapay may decline to purchase where it considers that a Payout is for something else.
Responsibilities regarding the Assignment
The Client sets the brief for the Assignment and the result it wants; the Creative decides how the work is done. The Creative is responsible for the professional performance of the Assignment and for remedying errors and defects in the delivery where the Creator Agreement so requires. Complaints and remarks are handled between the Creative and the Client directly. The Client is responsible for loss and damage, including reputational damage, that the content or the Creative’s performance causes to the Client’s customers or to third parties within the framework of the Assignment; the Client and the Creative may agree between them how such loss is settled. Gigapay is not party to these matters and is not liable for them. Where Gigapay employs the Creative, the Annex sets out how the work is planned and performed.
You are responsible for making sure that the content you create or publish under an Assignment complies with the advertising and marketing rules of Sweden, where Gigapay purchases your services, and of every country in which the content is distributed or at whose audience it is directed, including the rules on marking sponsored or commercial content and, where required, on disclosing that content or a profile is generated by AI. Gigapay may ask you to show how you have complied. Where Gigapay suspects you have not, it may decline to purchase your services.
Fair conditions
Gigapay has to be used under good conditions between the Creative and the Client. It is not permitted to carry out dangerous tasks that may cause damage to a person. The Creative 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 registration of a Creative or remove access to the Service to a Creative or a Client.
Use of the Service for illegal activities
Gigapay decides, at its own discretion, whether to purchase the Creative’s services. Where Gigapay suspects a breach of these Service Terms, fraud or any other violation of law, or is otherwise unable or unwilling to purchase, Gigapay may suspend the Creative and/or the Client and decline to purchase the Creative’s services, and may take the time it needs to review a suspended account.
If a Creative is found to be using the Service for illegal or fraudulent activities, (i) Gigapay may decline to purchase the Creative’s services, (ii) require the Creative to pay back the amounts paid out, (iii) suspend all access to the account, (iv) contact the law enforcement authorities and/or (v) decide on other measures that may be reasonable according to applicable laws and regulations.
Gigapay shall not be liable for any of the Clients’ and Creatives’ actions when they are committing illegal or criminal acts both locally and internationally. Clients and Creatives shall not perform the following acts when using the Service: (i) Violation of laws, regulations, court judgments, decisions, orders, or legally binding administrative measures; (ii) Illegal acts or acts that may encourage illegal acts (for example, but not limited to, money laundry - trafficking - fraud - Racism - political agitation); (iii) Posting or transmitting excessively violent expressions, images, explicitly sexual expressions, images, expressions and/or images that may result in discrimination etc., expressions and/or images that solicit or urge suicide or drug abuse; (iv) Infringement of intellectual property rights (e.g., copyrights, trademark rights, and patent rights), honor rights, privacy rights, or other statutory or contractual rights of Gigapay or a third party; (v) Acts that are likely to be contrary to public policy; (vi) Granting benefits or other cooperative acts to any anti-social forces; (vii) Use of our Service as advertising media for a third party without the prior consent of the Gigapay; (viii) Assigning or lending an Account to any third party or sharing an Account with any third party; (ix) Acts for the purpose of engaging in sexual intercourse or anything of this nature.
Reporting to tax authorities and taxes
Withholding of taxes
Gigapay may be required by applicable laws to charge Creatives and Clients with indirect taxes or to withhold taxes. Any amount Gigapay is required to collect will be charged in addition to the invoiced amount and/or any other fees payable by the Client. Any amount Gigapay is required to withhold will be withheld from the Payout, to the extent permitted by applicable law.
Tax reporting
Depending on the Creative’s Status, country of work, and/or nationality, Gigapay may be required to report the Payouts made through the Service to a tax authority(ies). If you are performing your Assignment in a country other than Sweden, tax reporting and/or a so-called exchange of income statement is usually carried out (exceptions apply). This means that Gigapay will report the Payouts made to the Creative to the Swedish tax authority and said information will subsequently be shared with the Creative’s tax authority. This entails that the Creative’s tax agency will be informed about the Payouts they have received from Gigapay. Examples of tax reporting performed by Gigapay are reporting according to Directive (EU) 2021/514 (“DAC7”) and reporting to countries where Sweden has an agreement on the exchange of control statements (“KU14”).
Where the Client and Gigapay agree, Gigapay may also provide additional tax reporting in connection with the Client’s use of the Service. Tax reporting and the administrative work surrounding such reporting are subject to additional fees.
The Creative agrees that the information Gigapay is requesting during the onboarding as well as the amounts claimed by the Creative may be disclosed to the competent authorities.
Request for additional information
The Creative agrees to promptly cooperate with Gigapay in the event Gigapay needs additional information from the Creative and provide copies of their tax returns, ID documents, licenses, electricity bills, A1 forms, and other documents that may be reasonably requested for the identification of the Creative, compliance to audit requests or tax reporting purposes.
Payouts
Payout methods
When claiming a Payout in the Service, the Creative will be able to choose between different payout methods. Banks and payment providers involved in some payout methods may apply their own charges.
The Creative is aware that when claiming a Payout, Gigapay will act on the data that has been put in the Service by the Creative. This means that if there is a mismatch between the information entered in the Service account and the Creative’s invoice, Gigapay will always follow the information provided in the Service account. This includes for example company details, VAT number, bank account number, and more.
The payment service connected to Payouts performed after receipt of the Creative’s invoice or a payout request are all performed by Gigapay’s PSP.
Gigapay is not liable for any delays or issues deriving from Gigapay’s PSP. Gigapay strives to inform Creatives when issues have been detected with a Gigapay PSP and will redirect the Creative to another payout method, if available.
The Payout step-by-step
Once the Creative has fulfilled the Assignment and the Client has approved it in the Service, Gigapay invites the Creative to the Service. If the Creative has never used the Service before, they will have to complete the onboarding process. From the Standard Payment Date, the Creative will be notified via email or SMS that the Payout can be claimed in the Service. The Creative will then be able to claim the Payout for the Assignment by picking their preferred payout method in the Service. In some cases, a Payout can be made earlier, for example, where the Client has prepaid the Assignment or where the Creative chooses Earlypay.
Gigapay pays out the Payout recorded in the Service, less any taxes Gigapay is required by law to withhold. Invoices and/or payment receipts may be accessed or requested in electronic form as PDF documents, by email, or through the Service.
Where the Client and the Creative have agreed that the Creative is paid before the Assignment is completed, the Client may approve the Assignment in the Service before completion, and the Creative may then claim the Payout as set out above. When the Creative claims it, Gigapay purchases the services the Creative has committed to perform, and the Creative commits to performing them as agreed with the Client. If the Assignment is not performed, any claim is between the Client and the Creative. This does not apply where Gigapay employs the Creative.
The Creative and the Client are obliged to take care of managing the administrative tasks linked to the Service for themselves.
Claimed Payouts
A Payout is final. Once the Creative has claimed the Payout and it has been paid, the Assignment can no longer be corrected or cancelled through the Service. Gigapay is not responsible for the validity and/or correctness of the information transmitted by the Creative or Client during payment transactions and/or when filling in their details on the invoices. This entails that the Creative has to ensure that the information provided when entering the payout details is accurate (e.g. bank information, email address for PayPal). If the information is incorrect, the Creative and Client understand that the Payout may be unsuccessful or the funds may be settled to the wrong account. The funds may not be recoverable from such incorrect transactions. Where a Payout is unsuccessful or reaches the wrong account because of information the Creative or the Client provided, the Creative shall not make a claim against Gigapay in respect of that transaction. This does not limit Gigapay’s responsibility for its own error or negligence. Where a Payout is diverted through a third party’s fraud, such as unauthorised access to the Creative’s Service account or a falsified change of bank details, Gigapay is responsible for the loss only where it results from Gigapay’s negligence; the Creative is responsible for keeping their account credentials secure.
The Creative agrees to notify Gigapay if the Payout available in the Service is different than what has been agreed between the Client and the Creative for that specific Assignment. If the Payout has already been claimed and is higher than agreed, the Creative shall notify Gigapay and/or the Client without undue delay and shall pay back the difference to Gigapay. The Creative shall also notify Gigapay and/or the Client without undue delay and shall pay back the difference to Gigapay, in case they have received a Payout they are not entitled to. Gigapay may set off any amount the Creative must pay back under this Section against later Payouts to the Creative, after informing the Creative of the amount and the reason. This does not apply where the Annex applies: an amount is deducted from the salary of a Creative employed by Gigapay only as the Annex provides. Gigapay may, at its own discretion, help with the administrative tasks tied to correcting the amount, at the Client’s or the Creative’s request.
Service fees, currency conversion, and other costs
Service fees
Gigapay may charge an administrative fee when using the Service. Any fee charged to the Creative is shown in the Service or communicated in writing and accepted by the Creative before it is charged, and may be deducted from the Payout. You can review and claim the Payout at the time that the Payout is ready to be claimed.
The fees payable by the Client are agreed between Gigapay and the Client.
Other costs that the Creative has had to acquire to perform the Assignment cannot be invoiced and are not reimbursed by Gigapay. However, the Creative and the Client may agree to add on a bonus to the amount to cover such costs, in which case it should be included in the total amount of the Payout.
Currency conversion and bank fees
The Creative may receive Payouts in different currencies. The currency exchange in connection with such Payouts is performed by Gigapay’s PSPs, at the exchange rate they apply at the time of the Payout. This entails that the currency exchange rate applicable on the day the Payout is claimed may not always be the currency exchange rate that will be applied to the Payout. The payout methods available in the Service are processed differently and are subject to different payout delays. They are therefore subject to different currency exchange rates. One example of this is the difference between the self-billing payout method which is paid out instantly after the Payout has been claimed and the traditional invoicing payout method which is usually paid out fifteen (15) days after the Payout has been claimed.
The Creative is aware that the amount paid out may change daily in accordance with exchange rate fluctuations and may also include conversion charges applied by the PSP. The Creative is also aware that additional charges may be applied by the Creative’s bank or the PSP tied to the payout method chosen by the Creative. Gigapay shall not be held liable for any such charges associated with the Payout.
In some cases, Gigapay may, for an additional fee, offer additional administrative assistance to Clients requiring currency exchange services that are not yet available in the Service. Such currency exchange services are performed by Gigapay’s PSP partners.
Additional fees
Gigapay may request the payment of additional fees from the Client or the Creative when handling cases that require additional manual or administrative work. This includes, for example, tax reporting (e.g. DAC7), and more. Invoice correction and administrative work tied to incorrect invoices may come with an additional administrative fee as set by Gigapay from time to time.
The Client and the Creative will always be notified in the Service or in writing and will be requested to accept the applicable fee(s) before the work requiring the payment of an additional fee is performed.
Insurance
It is the responsibility of the Creative and the Client to have the necessary insurance so that the Assignment can be carried out safely. Where Gigapay employs the Creative, the Annex applies.
Campaigns and offers
Gigapay may offer you to take part in campaigns where other Terms are applicable, e.g. discounts, and bonuses. Such other Terms apply as long as the campaign is active and for the specific Service specified by Gigapay in connection with the campaign. Gigapay reserves the right to cancel a campaign at any time. Upon cancellation or expiration of a campaign, these Service Terms will apply. A campaign will last for a limited time.
Limitation of liability
Gigapay is liable to the Creative only for loss caused by its negligence in providing the Service. Gigapay is not liable for any kind of direct damage arising out of and/or in connection with the Creative’s Assignment to the Client. The Client’s approval of the Assignment in the Service confirms that the Assignment has been performed.
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 direct or indirect damages, Gigapay’s total liability to a Creative in respect of an Assignment is limited to the Payout recorded for that Assignment, and Gigapay’s liability to a Client is governed by the agreement between Gigapay and the Client. This Section does not apply to Gigapay’s obligations to a Creative it employs, which are governed by Swedish employment law.
Intellectual property rights
We reserve all rights, including intellectual property rights related to the Service, including but not limited to processes, methods, software, and designs. 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. It is also prohibited to make the content available in full or in parts to the public through the internet or other methods without such consent.
In the event of referencing to Gigapay via links, the page should always open in a new window in the browser, unless otherwise agreed in written form. It is not permitted to link to the Service through means that will put the Service at risk of being misrepresented or misunderstood.
The copyright and other intellectual property rights produced by the Creative when fulfilling their Assignment towards the Client shall be the sole property of the Creative and Client as agreed between the Client and the Creative in a separate agreement. Gigapay acquires, holds and grants no intellectual property rights in the content or other result of an Assignment. Gigapay’s purchase and resale of the Creative’s services , or its employment of the Creative, does not transfer any such rights. Any rights of use the Client requires, it obtains directly from the Creative.
Personal data
Gigapay is, until further notice, data controller 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, TIN, ID documents, tax information, company information, bank account, e-mail address, and IP address.
A detailed description of the processing of your personal data can be found in our Privacy Notice.
Change of Service and termination
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) Service, with or without giving notice. All new functionalities, features, or new services that are launched within the Service are included in the scope of these Service Terms.
Change of conditions
We have the right to, at any time and for any reason, change the Service Terms 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.
Force majeure
Gigapay is not liable for the Service not performing properly due to force majeure. This includes but is not limited to earthquakes, floodings, pandemic, epidemic, quarantine restrictions, explosion and accident, war, strike, embargo, governmental requirements, civil and military authority, civil unrest, data trespass, and legal disputes concerning labor law such as strikes.
Invalidity of provision
If any of the stipulations in these Service Terms in full or partially is considered invalid or cannot be upheld, the stipulation shall be limited, changed, or separated in the smallest possible way to ensure its validity, such as that the rest of the Service Terms can remain in full power, effect and viable.
Disputes and applicable law
The Service Terms and the Service is subject to Swedish law. In case of dispute with regard to the interpretation of the Service Terms, all references to legal standards, actions, concepts, etc. shall be construed according to what most nearly approximates the reference in the Swedish legal jurisdiction. Any dispute, controversy, or claim arising out of or in connection with these Service Terms with a Creative who is a natural person is determined by the Swedish courts, with Stockholm District Court (Stockholms tingsrätt) as the court of first instance. Any such dispute with a Creative that is a company or other legal person shall be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). This does not apply to a dispute concerning the employment of a Creative employed by Gigapay, which is determined by the Swedish courts under the rules applicable to employment disputes.
The Rules for Expedited Arbitrations of the SCC shall apply to any arbitration under this Section, unless the Institute – taking into account the complexity of the case, the amount in dispute, and other circumstances – determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. You undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard in the best possible way its rights vis-à-vis the other Party in connection with the dispute, or if such a right exists pursuant to statute, regulation, a decision by an authority, a stock exchange rules or similar.
Any Party, before or during any arbitral proceedings, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the arbitral proceedings.
Annex – Employment by Gigapay in Sweden (Employer of Record)
When this Annex applies
This Annex applies where Gigapay employs the Creative, that is where the Creative is tax resident in Sweden and is not registered for Swedish F-tax, or is otherwise approved by Gigapay for employment. Gigapay verifies F-tax registration against the register. The Status the Creative selects when onboarding is an input to that assessment and does not by itself determine it.
To be employed by Gigapay the Creative must have a Swedish personal number or coordination number, a Swedish bank account, and permission to work in Sweden.
To be employed by Gigapay under this Annex the Creative must have turned sixteen (16) and have completed compulsory schooling. Where the Creative is under eighteen (18), the Creative confirms that their guardian consents to these Service Terms and to the employment. Gigapay may at any time request the guardian's written consent, in the form Gigapay requires. Gigapay may ask for proof of the Creative's age and of the guardian's identity. The guardian may end the employment with immediate effect where the Creative's health, development or schooling require it. A Creative under eighteen (18) may not work at night and keeps the work within the working-time limits that apply to minors, and tells Gigapay where an Assignment cannot be done within them.
Where a Creative who was previously employed by Gigapay no longer meets the conditions for employment under this Annex, this Annex ceases to apply to Assignments beginning after the change, and Gigapay no longer acts as the employer in respect of those Assignments. An employment already commenced for an Assignment runs to the end of that Assignment, and Gigapay settles the final salary and any outstanding vacation compensation for it.
Where Gigapay employs the Creative, Gigapay’s right under these Service Terms to decline to purchase, cancel or correct an Assignment means that Gigapay may decline to offer or conclude the employment for it. Once the Creative has performed work under the employment, Gigapay pays the salary for that work. The Service pays salary only for work under an Assignment.
Where this Annex applies it prevails over the rest of these Service Terms in respect of the employment. The rest of these Service Terms continues to apply to the Creative’s use of the Service.
The employment
Gigapay operates as an employer of record (Swedish: egenanställningsföretag) in Sweden. The employment is a fixed-term employment under § 5 lagen (1982:80) om anställningsskydd (Swedish: särskild visstidsanställning).
The employment covers one Assignment and runs for the period of that Assignment as recorded in the Service, and for no longer than thirty (30) days at a time. A new Assignment creates a new employment, as does each further period where an Assignment runs for longer than thirty (30) days. The employment ends on the last day of the Assignment, without notice and without written termination. Activities that are not part of the Assignment are not covered by the employment.
The Creative may obtain the employment agreement through the Service or request it from Gigapay.
The Creative plans and performs the work under the Assignment independently, within the brief agreed with the Client; the Client describes the result it wants but does not direct how the work is done. The Creative tells Gigapay without delay about any risk to health or safety in an Assignment.
Salary and deductions
Where Gigapay employs the Creative, the amount payable by the Client for the Assignment, less Gigapay’s fee and the employer contributions and other statutory charges Gigapay must pay as employer, is the Creative’s gross salary. Gigapay’s fee and those charges are taken into account in calculating the gross salary and are not set off against salary that has accrued. The gross salary is shown in the Service before the Creative claims it.
Gigapay retains preliminary income tax from the gross salary as required by law, and pays the employer contributions. Gigapay does not make occupational pension contributions; the employer contributions include the statutory pension. The amount of tax retained depends on the Creative’s age and circumstances, and the Creative may receive a tax refund or be charged back tax through their annual tax return.
Where the Creative asks Gigapay to adjust the tax retained to their personal circumstances, Gigapay may charge for the additional administrative work. Gigapay shows the amount in the Service and the Creative accepts it before the work is done, and the amount is taken into account in calculating the gross salary for the Assignment concerned. It is not set off against salary that has accrued.
Where Gigapay has paid the Creative more salary than the Creative was entitled to, Gigapay informs the Creative of the amount and the reason. Gigapay deducts the amount from a later salary only with the Creative’s written consent to that deduction. Otherwise the Creative repays the amount within thirty (30) days.
Vacation compensation
The Creative is not entitled to vacation leave during the employment (Semesterlagen § 5). The Creative is entitled to vacation compensation of twelve per cent (12%) of the salary paid, which is included in the amount shown in the Service.
When the salary is paid
The Creative may claim the salary from the Standard Payment Date shown in the Service.
Where Gigapay makes Earlypay available to an employed Creative, the Creative may claim the salary before the Standard Payment Date at a reduced gross amount. Nothing is deducted from or set off against salary already earned: the reduced gross amount is the salary, and it is the amount Gigapay reports in payroll. The Creative may always wait and claim the full amount from the Standard Payment Date. The Earlypay terms in the payout methods section apply to salary, with the reduced amount as the gross salary.
Sick pay
In the event of illness the Creative may be entitled to sick pay under lagen (1991:1047) om sjuklön.
The Creative shall inform Gigapay and the Client as soon as possible, using the form on Gigapay’s website and by email to sjukanmalan@gigapay.com.
Gigapay assesses whether the statutory conditions are met. Sick pay may be payable where all of the following apply: the Creative is employed by Gigapay at the time; the days concerned are days the Creative was scheduled to work through the Service; the Creative has worked continuously for fourteen (14) days before the illness, employments being counted together where the gap between two working dates is not more than fourteen (14) days; there is evidence that the work was agreed before the Creative fell ill, such as emails, messages, timesheets or the agreement with the Client; and the Creative provides a medical certificate from the first day of the sick period where Gigapay asks for one. Because the Creative schedules the work and performs it without supervision, Gigapay will normally ask for one from the first day.
Accidents and injuries at work
If the Creative is involved in an accident, the Creative should first obtain the emergency care required and contact the emergency services if necessary.
If the Creative is injured while employed by Gigapay, the Creative should contact Gigapay through the chat in the Service or at support@gigapay.com as soon as possible.
As employer, Gigapay is required to report work-related injuries to the Swedish Social Insurance Agency (Försäkringskassan) or the Swedish Work Environment Authority (Arbetsmiljöverket), and in some cases both. The Creative will be asked to complete an accident and incident form, and agrees that the information given to Gigapay is shared with the competent authority where the accident has to be reported.
Accident insurance
The Creative is covered by Gigapay’s collective accident insurance (Swedish: kollektiv olycksfallsförsäkring) for accidents during working time under the employment and on the way to and from the work, and by Gigapay’s assault insurance (Swedish: överfallsförsäkring). The Creative should make sure the Assignment is recorded in the Service before the work starts. The insurance applies on the conditions in the policy.
Attachment of salary
Where Gigapay receives a decision from the Swedish Enforcement Authority (Kronofogden) on attachment of salary (Swedish: löneutmätning), Gigapay withholds the amount stated in the decision and informs the Creative that they will not receive the full amount.
Tax and reporting for employed Creatives
Gigapay reports the salary paid to each employed Creative monthly and pays the associated employer contributions and taxes. Gigapay handles the statutory employer filings and applications to public authorities where these are required. Salary is not subject to VAT. Where VAT applies to Gigapay’s supply to the Client, Gigapay charges that VAT to the Client on its invoice; it is not part of the amount from which the salary is calculated and it is not deducted from the salary.
What Gigapay does not compensate
Gigapay does not compensate for overtime, additional time, travel time or inconvenient working hours. Costs the Creative incurs in order to carry out the Assignment are not reimbursed by Gigapay and cannot be invoiced to the Client. The Creative and the Client may agree a higher amount for the Assignment to cover them.
Liability and disputes
Gigapay’s obligations to the Creative as an employer are governed by Swedish employment law and are not limited by the Limitation of liability Section of these Service Terms.
A dispute concerning the employment is determined by the Swedish courts under the rules applicable to employment disputes. The arbitration clause in these Service Terms does not apply to such a dispute.
Last updated: Oct 30, 2026
