FactoFly business conditions
(Valid as of 01.01.2021)
§ 1 Scope
These business conditions regulate the relationship between FactoFly ApS CVR.: no. 39781689 (Hereafter referred to as FactoFly) and the person associated in connection with the use of the service at FactoFly (Hereafter referred to as the Employee).
§ 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 a task or invoice on Factofly.com, Factofly.io or Factofly.dk. When creating a task or invoice, the Worker must state his profession, which will also be what is primarily carried out in connection with the employment at FactoFly. If FactoFly's liability insurance does not cover this type of business, 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.
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 has been received and signed by both parties that a final connection has taken place. The terms and conditions that apply to the association appear in these Terms and Conditions and the forwarded fixed-term employment contract.
When the registration has been received and approved by FactoFly, affiliation will take place in accordance with the general affiliation agreement and these terms and conditions.
§ 3 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 tasks that FactoFly may propose, either directly or through other 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, the employee will receive confirmation of this. New work may not be started before the Worker has received confirmation of the task from FactoFly.
FactoFly has the right to refuse approval of certain work/tasks. It is intended to state why a job/assignment is rejected, but FactoFly is not obliged to state a specific reason. If necessary, the Worker is free to carry out the task on his own behalf under his own name. FactoFly cannot be held liable for rejection of work/assignments regardless of the reason for rejection.
Upon FactoFly's approval of the task, the Worker is obliged to notify the customer of this and that FactoFly has supervision and insurance obligations for the worker 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 as a result of his employment, about Factofly and the Employee's customers/end users, including but not limited to internal matters, trade secrets, including information about methods, techniques, processes, technical drawings, descriptions, recipes, models or the like. Excepted here for is 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. Disclosure and processing of personal information can only take place to the extent that it is necessary for the performance of the task and 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 processed in connection with this agreement. For a complete overview of which data is processed as the scope of the processing, please refer to the Factofly Personal Data Policy, which also applies to this employment relationship.
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 Copenhagen 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 occupational accident 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 before it 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 those applicable 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. 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 and 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 in the event of material breach of the agreement by the Employees.
Material breach constitutes but is not limited to:
- The worker has not performed the work and this is not due to circumstances with the customer.
– The employee has withheld or failed to inform FactoFly of matters that are important or decisive for the performance of the work towards the customer.
– The Employee has withheld or failed to inform FactoFly about 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 provided incorrect or erroneous information about the task, the scope of the task or other circumstances that will be decisive for FactoFly's decision on the task, could be detrimental to FactoFly and/or the end customer.
If the employee is liable, Factofly is entitled to make claims against the employee.