Collaboration agreement regarding invoicing
This cooperation agreement (the "Agreement") regarding invoicing is entered into between EasyFreelance Norge AS, Org no: 923 215 743, ("EasyFreelance") and the legal entity wishing to enter into cooperation with EasyFreelance ("Contractor")
The Contractor and EasyFreelance agree to cooperate on the terms and as described in this Agreement. EasyFreelance and the Contractor are jointly referred to as the "Parties".
1. BACKGROUND AND PURPOSE OF THE AGREEMENT
1.1. The background to the Agreement is that EasyFreelance offers to invoice on behalf of the Contractor for the assignments and work that the Contractor has performed for its client(s).
1.2. The parties agree that EasyFreelance does not mediate assignments and otherwise has no influence on the assignments the Contractor has undertaken to perform. EasyFreelance shall only be responsible for invoicing the Contractor's client(s), and for ensuring that invoiced amounts can be paid as salary to the Contractor.
1.3. This Agreement shall enable the Contractor to invoice its client(s) and receive payment as salary without the Contractor having to set up a separate company to receive payment from its clients.
1.4. This Agreement entails that EasyFreelance assumes the administrative role of a contractual intermediary for the work that the Contractor wishes to undertake for clients, after which EasyFreelance issues an invoice and pays the Contractor, as specified in this Agreement.
1.5. This Agreement assumes that clients for whom the Contractor has already performed services/assignments, or has agreed to perform its services/assignments, accept EasyFreelance as an administrative contractual intermediary, including that the client accepts to pay invoices issued by EasyFreelance.
1.6. This Agreement entails access to a payment service where EasyFreelance provides accounting services, including, but not limited to, creating, sending, crediting, correcting and managing invoices on behalf of the Contractor.
1.7. This Agreement further entails access to a paid service where the Contractor's customers can manage invoices, including but not limited to creating, sending, crediting, correcting and managing invoices on behalf of the Contractor.
2. DURATION
2.1. This Agreement lasts from the signing of the Agreement and for as long as the Contractor continues to be active with EasyFreelance, unless the Agreement is terminated as stated in section 2.3 or 2.4.
2.2. "Active" means that the Contractor has performed one or more services/one or more assignments, for one or more clients during the last six months, and at the same time made use of EasyFreelance's services in accordance with this Agreement.
2.3. If the Contractor does not use the services under this Agreement for a period of six months, the Contractor will be considered "Inactive". If the Contractor is considered "Inactive", this Agreement will automatically terminate without any action being required from either Party.
2.4. This Agreement may be terminated in writing by either Party with a mutual notice period of two weeks.
2.5. If the Contractor wishes to resume the collaboration after this Agreement has been terminated, or has been terminated, a new agreement must be entered into between the Parties.
3. RIGHT OF INSTRUCTION AND NON-EXCLUSIVITY
3.1. The Contractor is free to choose whether or not to use this Agreement for an assignment that has already been carried out for the Contractor's client(s).
3.2 The fact that an agreement (or agreements) has previously been entered into with EasyFreelance with regard to previously performed services for the client(s) does not mean that the Contractor is obliged to enter into a new agreement with EasyFreelance.
3.3. The parties agree that EasyFreelance has no authority to instruct the Contractor. The conclusion of this Agreement presupposes that assignments to be invoiced in accordance with this Agreement have been carried out in accordance with a specific agreement between the Contractor and the client (an agreement to which EasyFreelance is not a party). EasyFreelance then invoices in accordance with the information EasyFreelance receives from the Contractor and/or the client.
4. REMUNERATION AND SCOPE
4.1. Under this Agreement, EasyFreelance undertakes to administer and invoice the Contractor's client(s) for the services that the Contractor has already performed for its client(s).
4.2. Furthermore, EasyFreelance shall calculate and pay the necessary expenses and deductions, such as employer's national insurance contributions, withholding tax (for tax), value added tax, etc.
4.3. EasyFreelance's remuneration for the services performed is set out in the rates applicable from time to time on EasyFreelance's website (https://www.easyfreelance.no). The fee is deducted from the amount invoiced and paid (by the client) before payment to the Contractor.
5. EASYFREELANCE'S INVOICING OF THE CLIENT(S)
5.1. If the relevant Client is a partner of EasyFreelance, EasyFreelance will invoice the Client according to the information that the Client reports to EasyFreelance and/or EasyFreelance's systems.
5.2. If the relevant Contractor is not a partner of EasyFreelance, EasyFreelance will invoice the Contractor according to the information that the Contractor reports to EasyFreelance and/or EasyFreelance's systems.
6. PAYMENT TO THE CONTRACTOR
6.1. When the amount according to the issued invoice has been received by EasyFreelance, the amount is paid as salary to the Contractor in accordance with this clause six. The salary is paid within 45 (forty-five) working days after the invoice amount from the client has been received by EasyFreelance. Wages are paid to a bank account specified by the Contractor. The bank account must be a Norwegian bank account, otherwise the Contractor must bear all costs associated with making a payment abroad.
6.2. If EasyFreelance's mandatory and statutory expenses and deductions change, the calculation and net payment of salary will be adjusted accordingly.
6.3. In the event of errors in payment, the Parties agree that EasyFreelance shall be given the right to make the necessary adjustment upon new payment. Alternatively, EasyFreelance may demand repayment by direct invoicing to the Contractor. This also applies in the event that the deduction of statutory expenses and deductions turns out to have been too low.
6.4. The amount paid by the client for work performed is the basis for calculating salary. In addition to salary, the amount shall cover costs for taxes, fees and insurance, as well as EasyFreelance's administration fee. The Contractor may at any time use EasyFreelance's calculator at www.easyfreelance.no to calculate its salary. In the event of any differences between the calculator's calculation and the actual calculation made in accordance with EasyFreelance's rules and guidelines for salary calculation,
takes precedence.
7. CONDITIONS FOR THE AGREEMENT
7.1 The working relationship between the Parties pursuant to this Agreement, including EasyFreelance's payments to the Contractor, presupposes that the service(s)/assignment(s) performed by the Contractor have been delivered in accordance with the requirements and conditions set out in the Contractor's agreement with the client (an agreement to which EasyFreelance is not a party).
7.2. The parties agree that there is no employment or assignment relationship between the Contractor and EasyFreelance, other than that EasyFreelance undertakes to carry out invoicing, administration and payment as set out in this Agreement. Salary to the Contractor is paid based on the Parties' joint assumption that the Contractor is not considered an employee of EasyFreelance.
7.3. Under certain conditions, the Contractor is covered by EasyFreelance's insurance policies applicable from time to time. Which insurances apply, if any, will be stated by requesting EasyFreelance. In some cases, the Contractor may also choose which insurances to be covered by. As a general rule, the Contractor must pre-register its assignments in EasyFreelance's app in order to be covered by EasyFreelance's insurance policies during the assignment period. If the assignment is carried out for one of EasyFreelance's partners, the assignment will generally be covered by EasyFreelance's current insurance policies, even if the assignment is not pre-registered in EasyFreelance's app.
7.4. The Contractor is obliged to ensure that its tax card, at all times, states the correct tax rate in the form of a table deduction or percentage. Any changes to the tax card can be made via https://www.skatteetaten.no/person/
7.5. Invoicing and payment in accordance with this Agreement assumes that the service/assignments performed by the Contractor for the client have already been performed by the Contractor, including that the Contractor has not been prevented from actually performing the service/assignment (for whatever reason).
7.6. By entering into this Agreement, the Parties agree that EasyFreelance may share the Contractor's information, including but not limited to personal data and billing information, with the Contractor's existing and potential customers.
7.7. Aggregated anonymized data may be used by EasyFreelance for marketing purposes.
8. LIABILITY AND INDEMNIFICATION
8.1. EasyFreelance is not obliged to pay wages or other remuneration unless an invoice sent by EasyFreelance to the client is paid by the client. EasyFreelance cannot otherwise be held liable for any loss the Contractor may suffer as a result of non-payment by the client, including in the event of complaints, disputed invoice claims or similar.
8.2. The parties agree that this shall be regarded as a relationship between the Contractor and the client if, for example, a claim for price reduction, compensation or other claims related to the services/assignments carried out by the Contractor is submitted to EasyFreelance by the client or other third party. If this occurs, the Contractor shall indemnify EasyFreelance for any loss EasyFreelance may suffer as a result of any claims from clients and other third parties, to the extent that the claim relates to the Contractor's remuneration claim, payment or assignment in general.
9. PRIVACY
9.1. By signing this Agreement, the Contractor confirms that EasyFreelance's privacy policy has been read and understood. For the sake of good order, EasyFreelance notes that it may change its privacy policy at any time. In that case, EasyFreelance will inform the Contractor of any changes.
9.2. The Contractor acknowledges that EasyFreelance will process data relating to the Contractor for a variety of purposes and that this may include sensitive personal data relating to the Contractor. EasyFreelance will only process this data where it has a lawful basis for doing so. Details of the types of data used, the purpose of data processing and the lawful basis on which the data is processed can be requested if required.
10. CHOICE OF LAW AND JURISDICTION
10.1. The parties agree that their rights and obligations under this Agreement are governed in their entirety by Norwegian law. The parties further agree that the agreed venue shall be Oslo District Court.
