Transfer Jobb AB supplies its own staff for hire in short-term assignments. These general terms and conditions (the “General terms and conditions”) apply to use of Transfer Jobb AB’s services.
Employment -Transfer’s general workers for certain fixed-term Assignments
Employee – Hired by an employment of Transfer of customer’s Assignment.
Agreement – Agreement between Transfer and the Client regarding carrying out of Assignments. The agreement consists of the proposal, these general terms and conditions and other order-related conditions.
Clients – Users of Transfer’s Services
Request – Client’s request for staffing of certain project
Proposal -Transfers proposed staffing of certain project
Home page – www.transfer.se
Platform -The homepage and related features and applications
Parties – The client, Transfer and Personnel in relevant parts
Personnel – Transfer’s employees
Project – The project that the Client wants to staff
Transfer – Transfer Jobb AB
Assignment – The Client’s assignment to Transfer to staff certain project
These general conditions regulate the contractual relationship between Transfer and the Client. The general terms and conditions apply to the extent that the parties do not agree otherwise in writing.
4.1. To use the platform the Client must register on the Home page. Through the registration the Client accepts these general terms and conditions. The Client is responsible for ensuring that the information submitted is correct.
4.2. The Client agrees to manage usernames and passwords so that no unauthorized person can gain access to this information. The Client shall immediately notify Transfer if the suspicion that any unauthorised person has gained access to the username and/or password existst.
4.3. Transfer reserves the right to introduce or change identity – and safety procedures for verification of the Client.
5.ORDER OF ASSIGNMENT AND CONCLUSION OF AGREEMENT
5.1 Assignments can be staffed through Requests posted by the Client on the platform that matches suitable profiles. The Request is submitted in a special form on the platform and shall include information about the Client, the Assignment’s nature, duration and scope , and elements relevant to the contract (e.g. the desired skills and experience of the staff responsible for carrying out the work). The Client is responsible for ensuring that the information submitted is correct.
5.2. After the Request have been matched to appropriate staff, the appropriate profiles that are available for carrying out the assignment will be displayed for the Client in the platform. The price for the assignment shall be stated. The Client can then accept the submitted proposals through the platform. If the Client accepts a proposal, the parties have reached an agreement. Transfer shows a confirmation of agreement to the Client for each assignment.
5.3. Proposed profiles are not reserved by the Client until he has accepted the proposal. This means that the proposed profiles can be occupied by other assignments or is no longer available for other reasons.
5.4. Personnel may not carry out Assignments in the United States or Canada, nor in risk activities such as medical activities, medical services, etc. In some cases, Missions require approval of special terms of reference.
6.1. The customer shall make payment to Transfer for assignment carried out in accordance with what is stated in the agreement. Specified price is exclusive of VAT, unless otherwise agreed.
6.2. Payment shall be made against invoice with 10 days of payment time. Or by other agreed payment time.
6.3. If Transfers’ labour costs increase as a result of changes to the collective agreement or law or changed taxes and payroll taxes or similar fees and charges, Transfer has the right to , with retroactive effect from the date of the change, adjust the price accordingly.
In case of unplanned absence, as disease in the Staff, Transfer owns right, subject to available expertise, to provide suitable replacement as soon as possible. If the planned absence can be assumed to be composed and suitable replacement cannot be found, the Client is entitled to cancel the contract. Transfer will not be liable for any damages, including delay of work, which the Client may incur as a result of unplanned absence.
8.1 All personnel are employed by Transfer. Assignments shall not mean that an employment relationship has been conducted between the Client and the Staff.
8.2. The Client can, under certain conditions, take over the staff by being part of a direct employment relationship with the employee (“Recruitment”). If Recruitment takes place prior to or during the assignment, the Client must pay a compensation that appropriates to the fee Transfer had acquired if the assignment had been completed. In addition, the Client is required to pay a recruitment fee of 9 995 SEK (excluding VAT). The obligation to pay the recruitment fee applies even if the Recruitment is made within 6 months after the Assignment ended.
9.1. The Client is responsible for all management of the Staff and that staff are provided with the necessary equipment for the assignment. The Client is responsible for ensuring that the laws, regulations and good practices on the labour market are observed during the assignment and shall replace Transfer for all damage that Transfer and its Personnel suffer if not . The Client must be borne in mind about their OSH responsibilities and their duty to inform Staff about the instructions and procedures that applies at the Client regarding these matters. Transfer and safety representatives at Transfer has the right to visit the workplace where the assignment is being carried out to check that the working environment is adequate.
9.2. The customer shall immediately inform Transfer on accidents, incidents, etc. that affects the Staff.
10.INTELLECTUAL PROPERTY RIGHTS
10.1. The trademark Transfer, the site (including the content) and all the related characteristics owned by Transfer and are protected by the marketing and intellectual property laws. These rights must therefore not be copied or used without the written consent of Transfer.
10.2. The Employee assigns ownership of all materials and the results created by the performed assignment (“Results”) to Transfer which in turn assigns the result to the Client. The foregoing applies, subject to binding law or special agreement with the client.
10.3. Transfer is not responsible for wheter the Result infringes the Intellectual Rroperty Rights or if the employee wrongfully uses someone else’s property or rights.
11. INAPPROPRIATE USE OF PLATFORM ETC.
11.1. Clients may be held liable for any loss or damage that affects Transfer or anyone else due to the Client using the service in a manner that is inconsistent with these terms and conditions or as a result of any other fault action.
11.2. Transfer reserves the right, without prior warning to suspend a client from the platform and cancel the current Assignment on suspicion of improper use or if the client provided false information about himself or the assignment, in essence violated these terms and conditions or has committed or reasonably believed to have engaged in criminal activity.
12.1. Transfer is only responsible for the direct damage ocurred as a result of that Transfer has not complied with the normal and reasonable diligence. Transfer is not responsible for any damage as a result of the interruption of the Internet connection that prevents access to the website or caused by errors, defects or interruptions in Transfer’s data system provided Transfer showed normal caution.
12.2. Claims for compensation in accordance with the above shall be made within three (3) months after the assignment ended.
12.3. The Client is responsible for Personnel such as for their own employees. The Client is thus himself responsible for faults and damage that Personnel can cause the client or a third party during the time of the assignment. The Employee is responsible for any loss and damage that the Employee can cause the Client or a third party in carrying out the assignment.
12.4. In the event that a defect in a completed assignment may be covered by Transfers liability insurance,Transfer selects freely whether damage and other costs are to be reported to and, by extension, be borne by Transfers insurance. If the utilization of insurance results in costs for deductibles, increased insurance costs, or the like, all such costs are reimbursed by the Employee. The Employee is obliged to, at its own expense, always cooperate and assist Transfer and Transfers insurance company in insurance investigations and similar.
12.5 If liability would arise for Transfer, Transfer’s iability is limited to a total amount of 0.5 price base amounts, up to the price for the assignment. At Assignments on current account, the invoiced amount is calculated ont the price for the last 12 months of the assignment.
13. FORCE MAJEURE
Transfer shall not be liable for loss caused by a country’s legislation or Government decisions, acts of war, downtime in the public communications system, strikes, blockades, boycotts, lockouts or other similar circumstances (force majeure). The caveat concerning strikes, blockades, boycotts and lockouts applies even if Transfer itself is the subject of or participating in similar conflicts. If those kinds of events make that Transfer is hindered from making transactions such as payments or otherwise, the entry shall be carried out when the impediment is ceased.
14. PERSONAL INFORMATION
14.1 information concerning Personnel
14.1.1 The Client shall ensure that Personnel has given consent to the Clinent’s handling of personal information, in accordance with the Swedish personal data Act (1998:204), which may be considered necessary in view of the assignment. The Client is responsible for these tasks.
14.1.2 If the staff at the work for the Client processes personal data,Transfer is not a Personal Data Counsel for such treatment.
14.2 data on the client
14.2.1 By registration on the platform, the Client and the customer’s registration representative accepts that Transfer collects and processes personal data as described below. Transfer is personally responsible for processing personal data.
14.2.2 Transfer collects and processes personal data in accordance with the provisions of the personal data Act (1998:204). Such information includes information that the customer provides to Transfer at registration on the platform, by phone, email or letter or other contacts with Transfer, such as name, social security number, address, email, phone number, order and payment history, and IP address. Also known as non-personally identifiable information (such as search history on the website or the information on the browser/operating system that the client uses) are collected.
14.2.3 Personal data are processed by Transfer for accounting purposes, maintenance of customer relations, marketing, evaluation and improvement of payment solutions and processes, analysis of shopping behavior statistical, identification, and for similar reasons. The information may also be used to improve the platform in order to better provide you with offers and services that are of interest to Clients and Personnel. Collection of personal data may also be necessary to Transfer to meet Clients requests for payments, such as payments on credit. Personal data may therefore be processed and shared with authorities, providers of payment solutions and credit companies.
14.2.4 Personal information is not retained longer than allowed under the personal data Act. Once a year, the person who provided personal data have the right to receive, free of charge, upon written request, information about the personal data Transfer has on the person. The personal information may request Transfer to correct any incorrect personal information at no cost to the person in question.
14.2.5 If all or part of the Transfer’s business is transferred or integrated with another business, personal data may be disclosed to a potential buyer and his advisors.
Transfer reserves the right to change these terms and conditions without the prior consent of Users. Recent and current version of the general terms and conditions shall be published on the website. Changes to the general terms and conditions shall not apply to existing agreements.
16. COMMUNICATION AND MESSAGES
To keep the administrative costs down ,and thus the costs for the Clients, all communication with Transfer is electronically. Transfer uses the contact information the Client provided on registration or subsequently changed in the prescribed manner. Clients are therefore required to keep their contact details up to date.
17. APPLICABLE LAW and DISPUTES
Swedish law applies to the contract and these General Conditions. Any dispute which cannot be settled by negotiation between the Parties shall be resolved by the ordinary courts with Stockholm District Court as the Court of first instance.
Last updated: 2017-02-07