Factofly Aps terms of business
(Valid as of 01.01.2023)

§ 1 Scope

These business conditions regulate the relationship between Factofly ApS CVR.: no. 39781689 (Hereinafter referred to Factofly) and the person associated in connection with the use of the service at Factofly (Hereinafter referred to as Worker).

§ 2 The affiliation for the employee

The employee is associated on the basis of the information that Factofly receives in connection with the registration and creation of an assignment or invoice on Factofly.com, Factofly.io or Factofly.dk. When creating a task or invoice, the Worker must state his occupation, which will also be the one that is primarily carried out in connection with the employment at Factofly. If Factofly's liability insurance does not cover this type of occupation, the employee will be contacted after his registration to clarify insurance conditions before joining Factofly.

There will be no affiliation until there is a full and final clarification regarding the employee's insurance situation, including the conclusion of any individual insurance agreement.

Based on the information provided, an agreement (order confirmation/contract) is sent to the employee's customer, who then enters into an agreement with Factofly regarding the delivery. It is only when the customer and Factofly have concluded the agreement that association will be possible. 

The employee will receive a fixed-term employment contract in connection with starting an approved task or sending an invoice. It is only when this is received that a final connection has taken place. The terms and conditions that apply to the affiliation appear in these terms and conditions, as well as the forwarded fixed-term employment contract.

When the registration has been received and approved by Factofly, affiliation will take place in accordance with the agreement on general affiliation and these terms and conditions.

§ 3 The work

The employee is free to carry out work on his own behalf or for a third party outside of Factofly. The employee also has the right to refuse work assignments that Factofly may propose, either directly or through other business partners.

In the case of new tasks that are to be carried out through Factofly, this must be notified to Factofly before the work begins, in order to be covered by the insurance. Upon Factofly's approval of the task, an agreement will be sent to the employee's customer, once the customer has approved this, the employee will receive a confirmation of this. New work may not be started until the employee has received confirmation of the assignment from Factofly.

Factofly has the right to refuse approval of certain work/tasks. It is intended to indicate why a job/assignment is rejected, but Factofly is not obliged to indicate a specific reason. If appropriate, the Worker is free to carry out the task himself on his own behalf under his own name. Factofly cannot be held responsible for rejection of work/assignments regardless of the reason for rejection.

Factofly has the duty of supervision and insurance for the employee during the performance of the work. Payment for the assignment can only be made with a release effect to Factofly.

§ 4 Illness

In the event of illness, the Proclamation of the Sickness Benefit Act applies.

§ 5 Confidentiality

The Employee is obliged not to pass on or use information that the Employee has obtained by virtue of his employment relationship about Factofly and the Employee's customers/end users, including but not limited to internal matters, trade secrets, including information on methods, techniques, processes, technical drawings , descriptions, recipes, models or the like. 

Exceptions to this are information that the Worker must use in connection with the performance of his task, the invoicing of the task and what may result from applicable legislation. Dissemination and processing of personal information can only take place to the extent necessary for the performance of the task, as well as for invoicing and only in accordance with Factofly's rules for personal sensitive information. 

The duty of confidentiality applies both during the employment relationship and after its termination and is not limited in time.

§ 6 Personal information

Factofly is the Data Controller for all the data that is processed in connection with this agreement. For a complete overview of which data is processed as part of the processing, please refer to Factofly's Personal Data Policy, which also applies to this employment relationship, and is attached as an appendix to this agreement.

If the Employee wants an overview of what information is registered on him or wants to change incorrect or misleading information, this can be obtained by sending a written request to Factofly, Danneskiold-Samsøes Allé 41, 1434 København K

§ 7 Insurance

Provided that the Employee's primary occupation is covered by Factofly's liability insurance cf. § 2, it is Factofly's responsibility to ensure that the liability insurance covers the Employee's work, and Factofly is also responsible for ensuring that the Employee is covered by professional injury insurance during the performance of the work.

In order for the Worker to be covered by the insurance, it is a prerequisite that Factofly has approved the task and entered into an agreement with the customer before the task begins, cf. § 3.

If the Employee's primary occupation is not covered by Factofly's insurance, the specific agreement entered into at the conclusion of the agreement will be valid in relation to the Employee's insurance conditions, including any self-payment on the part of the Employee.

§ 8 Disclaimer

Factofly is exempted from any responsibility that may arise due to the Employee's incorrect indication of main confirmation, or if the Employee has otherwise provided incorrect information, either in connection with his affiliation or when notifying of upcoming work assignments, or if the Employee begins work before Factofly has entered into a agreement with the customer. Including, but not limited to, non-payment of compensation due to lack of insurance coverage, non-payment by the end customer due to lack of or non-performance of work.

§ 9 Default

Factofly reserves the right to terminate the employment relationship with immediate notice, as well as cancel any invoice to the Customer, if the Customer disputes that the work has been carried out.

Factofly is also entitled to terminate the agreement with immediate effect if the Employee materially breaches the agreement.

Material breach constitutes, but is not limited to:

- The worker has not completed the work or has done it significantly deficiently

– The employee has withheld or failed to inform Factofly of matters that are important or decisive for the performance of the work vis-à-vis the customer.

– The Employee has withheld or failed to inform Factofly of matters that are important or decisive in relation to whether the Employee is covered by Factofly's insurance conditions.

- The employee has acted in bad faith

– The employee has given incorrect or erroneous information about the task, the scope of the task or other matters that will be decisive for Factofly's decision on the task, could be to the detriment of Factofly and/or the end customer.

If the employee has acted in a responsible manner, Factofly is entitled to make claims against the employee.