Terms and conditions
These Terms and Conditions, and any revisions thereto, set out the terms under which you (“You”, “Your”) agree to provide freelance services (“Your Deliverables”, “Deliverables”) to Wiberg Development AB (“WD”, “We”, “Us”). These Terms and Conditions are a legally binding contract between You and Us. Subject to the conditions set forth herein, WD may, in its sole discretion, amend this Agreement at any time by posting a revised version on the Site. Any revisions or amendments to this Agreement will take effect when posted on The Site unless otherwise stated. Such revisions or amendments do not affect Deliverables arising from tasks allotted prior to said revision or amendment. Your continued use of the Site after the effective date of a revised version of this Agreement constitutes your acceptance of and agreement to be bound by the Terms and Conditions.
1. Digital Signature
By clicking to accept the Terms and Conditions on the Site, you are deemed to have executed this Agreement electronically, effective on the date you clicked to accept. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments.
2. NetOfDev Accounts
To use NetOfDev services, including but not limited to accepting task and submitting Deliverables, You need to register for an Account. To register for an Account you must be a legal entity or an individual 18 years or older who can form legally binding contracts.
We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services;
- upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete; or
- upon signs of phishing, hacking or abuse of the services or the Site; or
- conduct that otherwise violates this Agreement; or
- for any other reason or no reason in WD's sole discretion.
2.1. Account Registration
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information when applicable. You must not provide false or misleading information about your skills, experience or other relevant information. You must not register for more than one Account.
2.2. Closing Your Account
You may close your Account at any time by contacting us.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all the information we hold.
3. Term and Termination
The Agreement is valid for the term of the allotted task(s) or until it is terminated earlier pursuant to Clauses 2, 4 or 12.
The Agreement is not automatically renewed. If the Freelancer is given (an) additional task(s), the agreement is once again valid, for the term of that/those specific task(s) or until it is terminated earlier pursuant to Clauses 2, 4 or 12.
The termination of this Agreement, for whatever reason, shall not affect the provisions of 7, 8 and 11, which shall continue beyond such termination in perpetuity unless otherwise stated.
During the term of the allotted task you shall provide your Deliverables to WD according the instructions in the specific task(s).
If approved Deliverables are not delivered by the agreed upon deadlines, as stated by the allotted task(s), either this Agreement is terminated and you are not eligible for any compensation for that/those specific task(s) or WD can extend the term of the Agreement until such Deliverables are delivered.
Payment is made only for Deliverables that are approved in full.
Payment for tasks are listed as gross amount, meaning before any taxes or related costs are deducted.
If we determine in our sole discretion that you have in any way violated this Agreement, WD may restrict any and all withdrawals from Your Account. We may also restrict withdrawals if: (a) we require additional information, such as Your tax information; (b) we suspect fraud; (c) we deem necessary in connection with any internal or external investigation; or (D) required by applicable law.
If we conclude cases of fraud, abuse, or violation of this Agreement, We reserve the right to revoke any payments and hold and/or reclaim all withdrawals unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your withdrawal or if we discover erroneous or duplicate transactions. You agree that we have the right to obtain said reimbursement, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means.
Withdrawals are paid as salary by WD or by company appointed by WD, henceforth know as Salary Payment Company (“SPC”). Withdrawals can only be made to Swedish bank accounts and SPC will be paying employer contributions and social security contributions in Sweden. SPC will also report paid income to The Swedish Tax Agency.
7. Ownership and Licenses
You grant WD a worldwide, royalty-free, perpetual and irrevocable right to all Your Deliverables to make, have made, sell, use, reproduce, modify, adapt, display, distribute, make other versions of and disclose the property and to sublicense others to do these things.
- Your Deliverables are the result of (a) task(s) that were approved, in part or in whole.
- WD and You have not made a separate supplementary agreement stating otherwise.
When Your Deliverables has been submitted to Us, You do not have any rights to it, except those that We explicitly give You.
WD is under no obligation to give credit to the You each time We use the Deliverables in part or in whole.
You will not use any third party Pre‐Existing Intellectual Property in connection with this Agreement unless You have the right to use it. If You are not the owner of such Pre‐Existing Intellectual Property, You will obtain from the owner any rights as are necessary to enable You to fulfil the terms of the Agreement.
All Deliverables and all Intellectual Property Rights related thereto shall belong to WD, and You hereby assigns such rights to WD.
You agree that WD will own all Your Contributions, patents or other rights, copyrights or trade secrets covering the Deliverables and will have full rights to use the Deliverables without claim on the part of You for additional compensation.
Except for the limited license provided by WD as may be necessary in order for You to perform Your Services, You are granted no right, title, or interest in any WD’s Intellectual Property.
All code, documents and other information which is obtained in connection with this Agreement are to be treated confidentially and the disclosure of such code, documents and information to third parties is only approved for:
- the performance of this Agreement; and/or
- as required by law
Confidential Information does not include: a) information that is or becomes publicly known without restriction and without breach of this Agreement; b) generic information or knowledge which You would have learned in the course of similar tasks or work elsewhere; c) information You lawfully receive from a third party without restriction on disclosure and without breach of a nondisclosure obligation; d) documents and/or information You rightfully knew prior to receiving such documents and/or information; or (e) documents and/or information You acquire independent of any document and/or information in connection with this Agreement.
9. Status of Contributors as Independent Contractors and/or Freelancers
You provide Your Services to Us as an independent contractor and on this basis a) this Agreement shall not be interpreted as creating an association, joint venture, partnership or employer-employee relationship between You and WD or to impose any liability associated with such relation and b) You agree that you will use Your resources and equipment to fulfil the terms of the Agreement.
You are not an employee of WD and You therefore acknowledge that the provisions in the Annual Leave Act (SFS 1977:480) or the Employment Protection Act (SFS 1982:8) do not apply to You.
You confirm that you are a self-employed person in the business in Your own right and that You alone shall be responsible for all tax liabilities related to Your Services. You acknowledge that WD are not liable for any tax claims related to Your Services.
10. Using the Service
You acknowledge that a) showing interest in any given task; and/or b) providing Us with content necessary to select to most suitable person for a suitable task; is to be considered allotment of said task.
11. Warranties and Indemnities
You hereby warrant that:
- You shall not at any time do anything to bring WD’s brands, trademarks or reputation into disrepute; and
- You are entitled to enter into this Agreement and You are not bound by any restriction not to do so, including, but not limited to, the right and authority to license the intellectual property rights in and the use of Your Deliverables according to the terms and conditions in this Agreement; and
- Your Deliverables shall be original and not copied in part or wholly from any other source not in the public domain
You acknowledge that the warranties are conditions of the retention of Your Services under the Agreement and any breach of any of them gives WD the right to terminate the Agreement immediately without any liability to You.
This Agreement, together with any documents referred to in it, constitutes the entire agreement and understanding between You and WD, and supersedes any previous agreement whether written or oral between the parties in respect of Your Deliverables to WD.
14. Governing Law
This Agreement shall be subject to and interpreted in accordance with Swedish law.
These Terms and conditions was last revised on April 25th 2018.