Terms of use

1. DEFINITIONS

  1. "Service Provider" means BTL Casting Tmi, whose business ID is 2224243-0. BTL Casting is authorised by registration to provide payment services without a licence in Finland. Immu Kuusi Tmi is registered in the Register of Payment Service Providers of the Finnish Financial Supervisory Authority and is subject to supervision by the Finnish Financial Supervisory Authority.
  2. "Service" means the Service Provider's suite of products that enable Users to pay wages and fees to their gig workers.
  3. "User" means the employer or the employer's representative
  4. "Terms of Use" means these Terms of Use.
  5. "Data Protection Laws" means the EU General Data Protection Regulation (EU 2016/679) and the applicable data protection laws in force from time to time, such as the Data Protection Act (1050/2018) and the Act on the Protection of Privacy in Working Life (759/2004).

2. APPLICATION OF THE TERMS OF USE

  1. Your use of the Service is subject to these Terms of Use.
  2. To use the Service, you must register as a User.
  3. By accepting these Terms of Use, the User agrees to use the Service in accordance with these Terms of Use and to act in accordance with the instructions for use given on the Service and in accordance with law and good practice.
  4. The user also declares that he/she has read the privacy policy concerning him/her on our privacy page, which can be found via this link.
  5. If the User does not accept these Terms of Use, the User is not entitled to use the Service.
  6. The Service Provider has the right to unilaterally change the Terms of Use by posting the change on the Site. Significant changes to the Terms of Use will be communicated to active Users in written or electronic form, either by e-mail or via the Service, using the contact details provided by the User on the Service.

3. DESCRIPTION OF THE SERVICE

  1. The Service is produced and maintained by the Service Provider. The Service Provider has the right to transfer the Service or part of it to a third party.
  2. The service is an online service that allows you to manage your company's payroll and payroll-related matters.
  3. The user can be an employer or a company representative. An accounting firm authorised by the User may also act as the representative of the company in the Service.
  4. The Service is an electronic tool that helps the User to manage his/her obligations related to remuneration and employment.
  5. Only employment and work that is in accordance with the law and good practice may be carried out in the Service.
  6. The Service Provider is acting solely as a provider and supplier of the Service, and in no event shall the Service Provider be a party to any agreements that may be entered into between the User and its employees.
  7. The service provider is not responsible for the performance or quality of the work for which payment is made.
  8. The Service Provider has the right to add, modify and remove parts of the Service at any time.

4. ACCOUNTS AND MANAGEMENT OF CUSTOMER FUNDS

  1. The Service processes the accounts and notifications of the employer connected to the Service to the authorities, insurance companies, occupational pension companies and other entities related to employment.
  2. Payments can be made through Paytrail Oy and Finnish banks. For this purpose, the Service Provider has a bank account in which the Service Provider keeps funds on behalf of the Users in accordance with the law and the Terms of Use. 
  3. If the payment is made through a customer account in the Service, it will take 5 business days after the payment is made in the Service for the payments to be made to the beneficiary's accounts.

5. SERVICE PRICES

Service fees are charged for the use of the Service in accordance with the Service price list in force, which can be found via this link.

6. USE OF PERSONAL DATA

  1. In maintaining the Service and processing the information you provide, we comply with the applicable legislation and process the information you provide in accordance with the Data Protection Acts.
  2. The personal data provided by the User when registering for the Service and when creating a user account is personal data within the meaning of the Data Protection Laws.
  3. You are obliged to comply with the Data Protection Laws and the legislation applicable to payroll accounting and reporting.
  4. As a rule, the User acts as the controller and the Service Provider as the processor. The Service Provider processes the personal data provided by the User on behalf of the User and in accordance with the instructions given by the User. In this case, a processing agreement is always concluded between the User and the Service Provider in accordance with the Data Protection Laws (Article 28 of the General Data Protection Regulation (EU 2016/679)).
  5. The Service Provider acts as a controller only in situations where it independently determines the purposes and means of the processing of personal data, such as, for example, for personal data that the Service Provider holds about the User's contact persons and persons in charge.
  6. The Personal Data Processing Agreement and the Service Provider's Privacy Policy can be found on the Privacy Policy page via this link.

7. LIMITATIONS OF LIABILITY

  1. When using the Service, the User will deal through the Service with another User or with other parties necessary to perform the obligations of the employment relationship.
  2. The Service Provider is neither an employment agency nor a party to any performance agreement between the User and its employee.
  3. The Service Provider is not a party to the insurance settlement, for example, the settlement of any accident at work is handled directly between the User and the insurance company. The User is responsible for taking out statutory insurance in relation to the performance of the work, in accordance with the requirements of the law.
  4. All complaints and claims regarding contracts entered into through the Service must be addressed to the party with whom the User has entered into the contract.
  5. The Service Provider is not responsible, and has no obligation, to receive or process any complaints against other Users, or to mediate or resolve any disputes between the User and its employees, unless the complaint relates to the Service or the Service Provider's operations or responsibilities.
  6. The Service Provider is not responsible for the accuracy, content, veracity or uninterrupted availability of the material or information contained in the Service.
  7. In no event shall the Service Provider be liable for any damage, loss, loss of data or material or any other damage caused directly or indirectly by the use or inability to use the Service, or by the lack of material or content on the Service.
  8. If the User discovers an error in the operation of the Service, he/she must immediately notify the Service Provider. The Service Provider shall then have the right and obligation to correct the error caused by the Service free of charge as soon as circumstances allow. If the User fails to notify the Service Provider of an error which the User has discovered or should reasonably have discovered, the User shall not be entitled to make any claims based on the error.
  9. The Service Provider shall not be liable for any taxes, excise taxes or other similar penalties of the User. The Service Provider shall not be liable if the damage is caused by the incompleteness, incorrectness or delay of the information or instructions provided by the User in the Service or the material supplied or otherwise caused by the User or if the damage is caused as a result of the User's actions.
  10. The Service Provider shall not be liable for any damage caused by the User's failure to comply with applicable laws or regulations or the terms and conditions agreed with the Service Provider. At no time shall the Service be responsible for business, managerial or personal financial decisions, which shall be decided by and the responsibility of the User.
  11. The Service Provider is liable only for direct damages caused by its negligence. However, the maximum liability of the Service Provider shall not exceed EUR 5,000 in any one incident and EUR 10,000 in total for all incidents occurring during the same year. The damage is considered a single incident even if it is caused by a repetition of the same error and even if it affects more than one financial year. The loss is deemed to have occurred in its entirety in the year in which it materially occurred, even if any part of the loss occurs in another year.
  12. The Service Provider has the right to add, modify and remove parts of the Service, to temporarily or permanently disable the Service to implement new features and to add special conditions to any feature.
  13. The Service Provider is not responsible for the functionality of any link in the Service that leads to a website operated by a third party, nor for the content or legality of such a website operated by a third party.
  14. The Service will always operate in accordance with the current legislation and regulations in force, and the Service Provider will not be liable for any changes to the Service that may have a retroactive effect and the costs or additional obligations that may result.
  15. The Service Provider is not liable for delays and damages caused by an obstacle beyond the Service Provider's control, which the Service Provider cannot reasonably be expected to have taken into account at the time of the conclusion of the contract and the consequences of which the Service Provider could not reasonably have avoided or overcome. Force majeure shall be deemed to include, among other things, a disruption in telecommunications connections or other electronic communications independent of the Service Provider or the Service, as well as interruption or delay in the operation of the Service Provider or the Service caused by fire or other casualty. A strike, lockout, boycott or other industrial action shall also be considered force majeure when the Service Provider or the Service is itself the object of or involved in such action.

8. QUALITY OF SERVICE AND CUSTOMER CARE

  1. The Service Provider will endeavour to keep the Service running continuously and without interruption, but does not guarantee uninterrupted operation of the Service. Where possible, interruptions will be notified in advance.
  2. The provider is not responsible for the service or content of another provider in any respect. Not even in the event that the other service can be accessed from the Service, for example through a link or in any other way.
  3. The Service Provider is also not liable for any damage caused to the User or third parties by the use of the Service or by malfunctions, technical faults, malicious software, links or interruptions in the Service.
  4. Customer service is primarily organised via e-mail and customer service requests are answered as quickly as possible.

9. APPLICABLE LAW AND DISPUTE RESOLUTION

  1. These Terms of Use are governed by Finnish law.
  2. Any disagreements and disputes between the Service Provider and the User shall be resolved primarily through negotiations. If no agreement can be reached, disputes and disagreements shall be settled in Helsinki District Court, in Finnish.