Terms & Conditions

Specific terms may be applicable for each of the Services provided by Upbeatre, see below. 

For the time being Upbeater offers the following Services:

1. Job-posting 
2. Community Membership 
3. Invoicing Service

As a company looking for talent, you may utilize Upbeater’s job-posting Service to post freelance opportunities. When you do, Upbeater shares your job post exclusively with its freelance community  and, in certain cases and if consent is given, can provide you with information supplied by prospective hires, such as references, LinkedIn profiles, resumes, portfolios, etc.

It's crucial to understand that Upbeater does not conduct background checks on its users and talent. While we reserve the right to perform such checks using available public records, the responsibility for any background checks, reference verifications, or other due diligence falls on you before extending an offer. You also commit to complying with all relevant laws and regulations related to the hiring of prospective talent.

You may arrange interviews with interested prospective hires. It's important to note that these interview requests are non-binding and do not establish a contractual obligation. You have the ability to retain information about prospective hires for a period of one year, during which you may contact them for similar positions. However, you agree to delete this information either one year after receiving the application or upon the prospective hire's request for deletion.

Upbeater never guarantees that a job post will lead to a hire. Upbeater is only responsible for sharing your job ad with our community, and it’s up to the freelancers in the community to decide whether they find your job offer appealing and want to apply. If they wish to apply, they’ll contact you directly for further dialogue and proceeding of the recruitment process, which will then be your sole responsibility.

By posting a job with Upbeater, you consent to the storage of data related to your job ad. Additionally, Upbeater may contact you occasionally with proposals for new financial products or joint marketing opportunities.

When you’re accepted and invited to join Upbeater’s Community, we grant you a personal, limited, non-transferable non-exclusive membership to access and use the Community, currently hosted in our Discord Server “Upbeater Freelancers”. 

You guarantee that your information is true and correct and that you only use communication and information that is solely yours to use and that you don’t register under a false name or identity or set up false accounts. 

We reserve the right to reject or terminate your registration if your business does not live up to internationally recognized norms and standards for human rights, arms, working conditions, the environment and anti-corruption.

You may use the Community freely to post jobs and to market your product, services, offers and brand and to interact with other Community members as long as you obey the Community Rules & Guidelines. 

Spamming, excessive posting, repeated pushing of similar content, excessive direct messaging, use of @everyone mentions or in other way over-using of the Service is strictly forbidden. 

Furthermore, the following is strictly prohibited: 

• Use of bad language
• Harassments or insults
• Exploitation of the community or it’s members
• Misuse of the community, our services, content or other shares info and resources

Breach of these rules may lead to immediate termination of your membership and can in certain cases lead to compensation obligation. You will remain responsible for paying any outstanding charges up until your membership was canceled.

Upbeater’s Community is an open forum where freelancers and companies can meet and interact. All members are free to share communication and information that they own and choose to share with other community members, with the understanding that other community members will be able to view and engage with shared content. 

We encourage our community members to share tips, ideas, opportunities, offers, etc. It’s therefore advised that you only share information and communication that you are comfortable being shared.

3.1.1 The assignment, its nature, scope, duration, expected results, and other agreed conditions must be clearly stated in the Project Agreement, to which these Terms and Conditions are an appendix.

3.1.2 If the Self-Employed or Upbeater's cost increases with regard to the Project due to changes in law, union law, interest or applicable fees, the Self-Employed and Upbeater have the right to retroactively adjust the price for the Project in such a way that it reflects the increased cost both with respect to the Project itself as well as administrative tasks.

3.2.1 Agrees to these Terms and Conditions as an appendix to the Project Agreement, which must be signed before the Project begins.

3.2.2 Is responsible for providing information about the tasks to be performed, the length of the contract, working hours, and other conditions, agreements or circumstances that are of importance for the work to be performed. This must be specified in the Project Agreement, which also serves as a job description for the Self-Employed.

3.2.3 Is responsible for managing the Self-Employed and their work and for overseeing, controlling and following-up on the Self-Employed's work.

3.3.1 Is responsible for paying salaries, social security contributions, and other employment related and administrative fees for the Self-Employed in relation to the Project and ensures that the Self-Employed is covered by valid accident insurance, liability insurance and pure property damage (allmänt konsultansvar) during the execution of the Project.

3.3.2 Reserves the right to decline the employment of a Self-Employed in each individual case without having to state special reasons. At the request of a potential customer, Upbeater can provide information about and confirm whether approval exists.

3.3.3 Only undertakes Projects that are covered by the scope of its insurances.

3.4.1 The Self-Employed must be well informed of possible risks related to a Project in order to be able to perform the Project without the risk of damages occurring. The Customer must always take the necessary protective measures to ensure that the Self-Employed are not exposed to bad health and accidents.

3.4.2 The Customer must provide protective equipment for the workplace and necessary equipment needed for the Self-Employed to perform his/her duties. For work that requires protective equipment, it must be obtained before the Project begins.

3.4.3 Customer, who is not a private person, must treat the Self-Employed as its own staff, and must act to ensure that the Self-Employed is treated fairly and equally in relation to other staff and that he/she is not exposed to discrimination. The Self-Employed must also be informed about internal conditions, laws, regulations, instructions, work environment and routines at the Customer’s company.

3.4.4 The Customer must always inquire whether the Self-Employed has the right training for the execution of a Project.

3.4.5 The Self-Employed may not carry out Projects that require access to areas where there is a significant risk of bad health or accidents without first having received sufficient instructions from the Customer. 

3.4.6 If it can be considered that the Customer has control over a workplace, the Customer must ensure that there are such fixed devices at the workplace that the Self-Employed working there is not exposed to the risk of bad health or accidents. The customer must also ensure that other devices in the workplace can be used without such risk.

3.4.7 The Customer must report any accidents and incidents to Upbeater and the reporting must include all accidents and incidents at the workplace.

3.4.8 Working hours must be set in accordance with the Working Hours Act (arbetstidslagen, 1982:673) and regulations issued with the support of the Act. Maximum working hours prescribed by law must not be exceeded and the Customer must not exert any pressure whatsoever on the Self-Employed regarding work beyond what the law allows.

3.4.9 It is the Customer's responsibility to check and ensure that premises, machines, tools, protective equipment and vehicles provided by the Customer, regardless of whether they are owned by the Customer or borrowed, meet these Terms and Conditions. Upbeater disclaims all responsibility for this.

3.5.1 Invoicing for completed Projects and payments shall take place in accordance with the Project Agreement.

3.5.2 The customer is obliged to pay Upbeater for the entire duration of the Project at the price agreed in the Project Agreement as long as the Project is not terminated in advance due to the Self-Employee's misconduct. In this case, the Customer needs to prove that the Self-Employed misbehaved, which must mean that the Self-Employed violated the Terms and Conditions or the Employment Agreement with Upbeater.

3.5.3 The amount to be paid shall be calculated based on and shall equal the amount agreed in the Project Agreement.

3.5.4 Upbeater and the Self-Employed are only entitled to compensation for the purchase of goods and/or services needed to carry out the Project if it has been agreed in writing by the Customer before the purchase takes place.

3.5.5 Compensation for travel and other additional costs incurred at the Customer's request shall be compensated by the Customer. However, this must be approved in writing before such costs are incurred and documentation of the costs, such as receipts, must be presented by the Self-Employed.

3.6.1 If errors or deficiencies in the Project occur that are under Upbeater responsibility, the Customer must immediately report this in writing to Upbeater. Errors or deficiencies discovered by the Customer after the Project has been completed or terminated must be submitted in writing no later than seven (7) calendar days after the Assignment has been completed. If the Consumer Services Act or the Consumer Purchase Act (Konsumenttjänstlagen alternativt Konsumentköplag) are applicable, reclamation are made in accordance with the applicable parts of the respective laws.

3.6.2 Reclamations and complaints must contain clear information about the nature and extent of the error or deficiency. The customer's right to damages or price deductions is forfeited if the customer does not submit a reclamation request within the prescribed time and in the prescribed manner.

3.6.3 After a reclamation request or remark, Upbeater must be given the opportunity to remedy the error or deficiency within a reasonable time, before the Customer makes a claim for damages or price reduction. What is considered a reasonable time is assessed with regard to the nature and extent of the error or deficiency.

3.6.4 indemnity for damages or price deductions against Upbeater must, in order to be entitled to compensation, always be preceded by a complaint and must be submitted by the Customer in writing without undue delay, but no later than three (3) months from the Project completion, to which the claim relates.

3.6.5 Remarks regarding work performed by the Self-Employed should be made directly to the Self-Employed. In case of significant complaints, such as misconduct or breach of contract, the Customer is required to report such to Upbeater.

3.7.1 If agreements have not been signed between the Self-Employed and Upbeater, as well as between Upbeater and the Customer, Upbeater cannot under any circumstances be considered responsible.

3.7.2 Upbeater shall be held harmless for all errors and damage to the Customer or third parties that arise due to the work that the Self-Employed performs for the Customer within the scope of the Project.

3.7.3 The Customer should have and maintain valid insurance for its business, including insurance attributable to the Self-Employed and his/her work for the Customer. The Self-Employed shall be considered equal to the Customer's own employees in this regard. Liability for personal injury is governed by Swedish law.

3.7.4 Upbeater's liability is limited to negligence regarding administrative tasks concerning the Self-Employed, and waives, as far as applicable legislation allows, all liability for direct or indirect damage, e.g. loss of profit, loss or other consequential damage, including the Customer's possible compensation obligation towards third parties or loss of information, which arises as a result of and/or is related to the Self-Employed's performance of work for the Customer.

3.7.6 Should liability for damages for Upbeater arise, Upbeater's liability is limited to a total amount of 0.5 price base amount, however never more than the agreed price for the Project. For ongoing Projects, the price for the Project will be the price for the last twelve (12) months of the Project. If the price that the Self-Employed has agreed with the Customer is less than 0.5 price base amount, Upbeater's maximum liability shall instead be limited to an amount corresponding to 0.1 price base amount. Price base amount means price base amount according to the Social Insurance Code (socialförsäkrings­balken, 2010:110) in force at the time of the occurrence of the damage.

3.7.7 In the event that the Customer can be held liable by law, the Customer must be responsible for the work the Self-Employed performs for the Customer. In the event that the Customer cannot be considered responsible, damage caused by the Self-Employed is covered by Upbeater's liability insurance and pure property damage (allmänt konsultansvar). Upbeater's liability is limited to the applicable insurance policy.

3.8.1 Ownership rights of work and results that the Self-Employed carries out, create and deliver under the Project agreement belong to Upbeater, unless otherwise required by mandatory law or otherwise agreed. Upon completion of the Project and recipient of full payment, Upbeater transfers all the work and results carried out, created and delivered by the Self-Employed under the Project to the Customer. All copyright excluding non-profit rights as well as other intangible rights to results shall therefore constitute the Customer's property after the Project is completed and paid for.

3.8.2 The Customer must reimburse Upbeater what Upbeater may be obliged to pay to the Self-Employed for the transfer of the intellectual property rights according to law or union agreement.

3.8.3 In the case of invention, the Customer may act as a right holder (rättsinnehavare) in respect of the invention only in accordance with the applicable law or the relevant union agreement.

3.8.4 If the Self-Employed uses his/her own software or other tools when performing the work, the right to such tools does not transfer to the Customer.

3.8.5 The Customer and the Self-Employed is responsible for ensuring that results are not exposed to intellectual property infringements and for ensuring that other people's or organization’s systems are not used illegally during the Project. 

3.8.6 Upbeater is not responsible for intellectual property infringement of the work, deliveries and results.

3.9.1 The Customer may only process personal data in accordance with the personal data processing legislation in force at any time. The Customer is considered the personal data controller for this data, thus responsible for following applicable and relevant personal data processing legislation.

3.9.2 The Customer may never start a Project with Self-Employed before the Self-Employed has approved and signed Upbeater Terms and Conditions for Self-Employed, Employment Agreement and Privacy Policy.

3.9.3 If the Customer processes personal data for Upbeater, the Customer must sign a personal data processing agreement with Upbeater before the Assignment begins.

3.9.4 If the Self-Employed processes personal data while working for the Customer, Upbeater is not considered the personal data controller or personal data assistant for such processing, thus cannot be held liable for any such personal data processing.

3.9.5 If Upbeater needs to process personal data attributable to the Customer, the Customer must consent to processing in accordance with the General Data Protection Regulation.

3.10.1 The parties undertake to keep the content of the agreement and other information regarding Prpjects confidential. The parties may also not, either during the Project period or after its termination, use or disclose to any other person or company, show or reproduce for a third party information or documents relating to the other party and which can be considered confidential.

3.10.2 Exceptions apply to information that is generally known, or that any of the Parties is requested to show that is required by law or other constitution.

3.10.3 The Self-Employed is bound by the same confidentiality, further specified in the Terms and Conditions for Self-Employed.

3.11.1 This agreement is valid until further notice, unless otherwise agreed. Project Agreements are always valid for the period specified in the respective Project Agreement.

3.11.2 A party always has the right to terminate the Agreement with immediate effect by written notice to the other party if any of the following circumstances occur:

• The other party in any crucial respect breaches the agreement and fails to perform an agreed remedy within fifteen (15) days of written request.
• The other party is declared bankrupt, begins settlement negotiations, goes into liquidation or can otherwise be assumed to have become insolvent, or if the other party is banned from conducting business and the party does not immediately upon request provide satisfactory security for its commitment.
• If a party without the consent of the other party assigns the agreement to another person or organization.

3.11.3 In specific cases, due to an event that occurs and which the party could not reasonably have foreseen, which prevents or unreasonably increases the costs of executing the Project, the party may cancel or postpone the Project. The party is then not considered responsible for damage or delay, which also applies in the event of Swedish or foreign legislation or authority decisions, acts of violence or the risk of acts of violence, natural events, sudden damaging events, epidemics, labor conflicts or other unforeseeable circumstances. The proviso regarding labor conflict also applies if the party itself is subject to or takes such conflict action. 

3.11.4 If any of the circumstances under clause 3.11.3 arise, the affected party must notify the other party as soon as possible. If the Project is still postponed after three (3) months, the Project shall cease unless the parties agree otherwise. If the Project ends, Upbeater has the right to compensation for work performed and related costs  up until it was paused or stopped. 

3.11.5 Upbeater may always terminate the Project Agreement and these Terms and Conditions immediately in the event that a Self-Employee does not show up or do the work agreed under the Project Agreement.