This cooperation agreement («the Agreement») concerning invoicing has been entered into between EasyFreelance Norway AS, Org no: 923 215 743, ("EasyFreelance") and the legal entity that wishes to enter into a cooperation with EasyFreelance. («the Contractor»)
The Contractor and EasyFreelance agree that they shall 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 the work that the Contractor has performed for its client(s).
1.2.The Parties agree that EasyFreelance does not broker assignments, and otherwise has no influence on the assignments the Contractor has undertaken to perform. EasyFreelance shall only carry out invoicing towards the Contractor's client(s), as well as ensure that invoiced amounts can be paid out as salary to the Contractor.
1.3.This Agreement shall give the Contractor the opportunity to invoice its client(s), and to have the remuneration paid out as salary, without the Contractor having to establish its own company in order to receive payment from its clients.
1.4.This Agreement entails that EasyFreelance assumes the administrative role of a contractual intermediary for the work the Contractor wishes to undertake towards clients, whereupon EasyFreelance issues invoices and pays the Contractor, as further specified in this Agreement.
1.5.This Agreement presupposes 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 in which EasyFreelance offers accounting services, including but not limited to creating, sending, crediting, correcting and administering invoices on behalf of the Contractor.
1.7.This Agreement further entails access to a paid service in which the Contractor's customers can administer invoices, including but not limited to creating, sending, crediting, correcting and administering invoices on behalf of the Contractor.
2. Duration
2.1.This Agreement runs from the signing of the Agreement, and for as long as the Contractor continues to be active with EasyFreelance, unless the Agreement terminates as specified in clause 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 past six months, and has at the same time made use of EasyFreelance's services pursuant to this Agreement.
2.3.If the Contractor does not make use of the services pursuant to this Agreement for a period of six months, the Contractor will be regarded as «Inactive». If the Contractor is regarded as «Inactive», this Agreement will automatically terminate without any action being required from either of the Parties.
2.4.This Agreement may be terminated in writing by both Parties with a mutual notice period of two weeks.
2.5.If the Contractor wishes to resume the cooperation after this Agreement has been terminated by notice, or has otherwise terminated, a new agreement must be entered into between the Parties.
3. Right of instruction and non-exclusivity
3.1.The Contractor may freely choose whether or not this Agreement shall be used for an assignment that has already been performed for the Contractor's client(s).
3.2The fact that an agreement (or agreements) has previously been entered into with EasyFreelance with regard to previously performed services for client(s) does not entail that the Contractor is obliged to enter into a new agreement with EasyFreelance.
3.3.The Parties agree that EasyFreelance has no form of authority of instruction over the Contractor. The entering into of this Agreement presupposes that assignments to be invoiced pursuant to this Agreement have been performed in accordance with a separate agreement between the Contractor and the client (an agreement to which EasyFreelance is not a party). EasyFreelance thereafter 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 carry out invoicing towards the Contractor's client(s), for the services the Contractor has already performed for its client(s).
4.2.Furthermore, EasyFreelance shall calculate and pay the necessary costs and deductions, such as employer's national insurance contributions (arbeidsgiveravgift), advance tax deduction (forskuddstrekk), value added tax, and other items.
4.3.EasyFreelance's remuneration for the services performed appears from the rates in force at any given time as stated on EasyFreelance's website (https://www.easyfreelance.no). The remuneration is deducted from the amount that has been invoiced and paid (by the client), before payment to the Contractor.
5. EasyFreelance's invoicing of the client(s)
5.1.If the client in question is a partner of EasyFreelance, EasyFreelance invoices the client in accordance with the information that the client reports to EasyFreelance and/or EasyFreelance's systems.
5.2.If the client in question is not a partner of EasyFreelance, EasyFreelance invoices the client in accordance with the information that the Contractor reports to EasyFreelance and/or EasyFreelance's systems.
6. Payment to the contractor
6.1.When an amount pursuant to an issued invoice has been received by EasyFreelance, the amount is paid out 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. Salary is paid to a bank account stated by the Contractor. The bank account shall be a Norwegian bank account; otherwise the Contractor shall bear all costs associated with making a payment abroad.
6.2.If EasyFreelance's mandatory and statutory costs and deductions should change, the calculation and net payment of salary will be adjusted accordingly.
6.3.In the event that an error should occur in a payment, the Parties agree that EasyFreelance is given a right to make the necessary adjustment in a subsequent payment. Alternatively, EasyFreelance may demand repayment by invoicing the Contractor directly. This also applies in the event that it should turn out that the deduction of statutory costs and deductions has been too low.
6.4.The amount paid by the client, for a performed assignment, is the basis for the calculation of salary. In addition to salary, the amount shall cover costs for taxes, duties 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 their salary. In the event of any differences between the calculator's computation and the actual computation made in accordance with EasyFreelance's rules and guidelines for salary calculation, the latter shall take precedence.
7. Conditions of the agreement
7.1The cooperative 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 terms following from 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 relationship or assignment relationship between the Contractor and EasyFreelance, beyond EasyFreelance undertaking to carry out invoicing, administration and payment as specified in this Agreement. Salary is paid to the Contractor on the basis of the Parties' common assumption that the Contractor is not to be regarded as an employee of EasyFreelance.
7.3.On certain conditions, the Contractor is covered by EasyFreelance's insurance policies in force at any given time. Which insurance policies apply, if any, will be stated upon request to EasyFreelance. In certain cases, the Contractor may also choose which insurance policies they are to be covered by. As a general rule, the Contractor must pre-register their assignments in EasyFreelance's app in order to be covered by EasyFreelance's insurance policies, if any, during the assignment period. If the assignment is performed for one of EasyFreelance's partners, the assignment will as a general rule be covered by EasyFreelance's insurance policies in force at any given time, even if the assignment has not been pre-registered in EasyFreelance's app.
7.4.The Contractor is itself obliged to ensure that their tax deduction card (skattekort) states the correct tax rate at all times, in the form of a table-based deduction or a percentage rate. Any changes to the tax deduction card can, among other things, be made via https://www.skatteetaten.no/person/
7.5.Invoicing and payment pursuant to this Agreement presuppose 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 (regardless of the reason).
7.6.Upon entering into this Agreement, the Parties agree that EasyFreelance may, with permission, share the Contractor's information, including but not limited to personal data and invoicing information, with the Contractor's existing and potential customers.
7.7.Aggregated anonymised data may be used by EasyFreelance in connection with marketing.
8. Liability and indemnification
8.1.EasyFreelance is not obliged to pay salary or other remuneration unless an invoice, sent from EasyFreelance to the client, is paid by the client. EasyFreelance can otherwise not be held liable for any loss the Contractor may suffer as a result of non-payment from the client, including in the case of complaints, disputed invoice claims or the like.
8.2.The Parties agree that this shall be regarded as a matter between the Contractor and the client if, for example, a claim for a price reduction, damages or other claims relating to the services/assignments the Contractor has performed is made against EasyFreelance by the client or another 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 claim for remuneration, 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 draws attention to the fact that it may change its privacy policy at any time. In such a 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 number 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 which types of data are used, the purpose of the data processing and the lawful basis on which the data is processed may be requested as needed.
10. Governing law and jurisdiction
10.1.The Parties agree that their rights and obligations under this Agreement shall in their entirety be governed by Norwegian law. The Parties further agree that the agreed legal venue shall be Oslo tingrett (Oslo District Court)
If you have questions about the agreement, contact us before you sign. We are happy to go through the clauses with you.