Conditions
- General
This document contains the terms and conditions (the "Terms of Use") for the use of the billing service provided by Truster Ltd (business ID: 1772129-3) and its subsidiaries (the "Service Provider") and other services provided by the Service Provider (all such services together, the "Service"). The payment services described in the Terms of Use are provided by the subsidiary Truster Works Ltd (business ID 3131729-7), which is registered by the Financial Supervisory Authority to operate as a payment service provider without a licence. Truster The Payment Services Act (290/2010) applies to the payment services provided by Works Oy.The Services include services for light entrepreneurs (Truster and Truster Light services) and services for sole traders (Truster Pro service).These Terms of Use define the content of the contractual relationship between the Service Provider and the Service User (hereinafter referred to as the "Service User") and the rights and obligations between the parties. The Service is intended for business purposes only. The Service User declares that he/she understands that the Consumer Protection Act does not apply to the use of the Service or to the relationship between the parties.
- Establishing a contractual relationship and registering for the Service
A contract is formed between the parties when the Service User registers as a user of the Service and accepts these Terms of Use. Registration is free of charge. The Service shall be authenticated using strong electronic identification (Finnish bank identifiers). By registering, the Service User accepts these Terms of Use and agrees to comply with these Terms of Use whenever using the Service.Registration requires that the Service User has a permanent address in Finland and that the Service User is a taxpayer in Finland. Payments made through the Service shall be made to an account in the EEA. When registering for the Service, the Service User must provide the personal data and other information required under the Act on the Prevention of Money Laundering and Terrorist Financing (444/2017). The Service User is obliged to keep his/her user data and contact details up-to-date and to notify the Service Provider of any changes without delay. The Service User is responsible for the accuracy, timeliness and completeness of the information provided. The user account created for the Service is personal and may not be disclosed to a third party. The Service User shall be responsible for all use of the Service on his/her user account. The Service User shall immediately notify the Service Provider if the Service User suspects that his/her user ID or account has been compromised by a third party. The Service User shall be liable for any damage suffered by him or the Service Provider as a result of unauthorised use of the Service, if this is due to the intent or negligence of the Service User.
- Changing the terms of use
The Service Provider has the right to block, restrict and modify the Service or its features offered to the Service User without prior notice. However, the Service Provider shall endeavour to inform the Service User of any material changes to the Service via the Service.The Service Provider reserves the right to amend the Terms of Use to comply with any current practices or official regulations. Any changes to the Terms of Use will be notified to the Service User two (2) months prior to the effective date of the changes. The Service User may either accept the amended Terms of Use by continuing to use the Service, or terminate the Service. The Service User shall have the right to terminate the Service with immediate effect up to the date of entry into force of the proposed changes. Termination must be made through the Service or by e-mail to the Service Provider. Contact details can be found in paragraph 31.
- Terms of use for separate services
The Service User has the option to use additional services offered by the Service Provider (see paragraphs 15 and 16), which complement the Service with various additional features. Additional services may be either one-off or recurring payments, depending on their nature.Additional services have their own specific terms of use, which the Service User shall read and accept when selecting an additional service for use via the Service. In the event of a conflict, the Terms of Use of the separate service shall prevail over these Terms of Use.
- Contractual relationship
The Service User does not work for the Service Provider. The contractual relationship between the Service Provider and the Service User is not in the nature of an employment relationship in accordance with Article 1 of the Employment Contracts Act (2001:55) or employment pension legislation, and no employment contract is created between the parties. The Service User is himself obliged to ensure that the work is carried out in accordance with the applicable safety regulations, working time regulations and other applicable laws and regulations. The Service Provider shall not be a party to the Assignment Agreement and shall not be bound by any liability or obligation in relation to the performance of the Work or any defects in the Work. It shall be the responsibility of the Service User to ensure that the work to be carried out complies with the laws and regulations in force at the time. The total remuneration for the work shall always be agreed and shall be at an acceptable general level which would otherwise be paid for the work. The Service User is obliged to provide the Service Provider, upon request, with information on the content of the contract and the execution of the work.The Service User must verify the legality and correctness of the work before sending the invoice. If a complaint is made to the Service Provider about an invoice sent via the Service, the Service Provider shall inform the Service User, who shall be responsible for resolving the situation with the Client. If the Service User and the Customer cannot reach an agreement on the invoicing, the Service Provider shall not proceed with the invoicing of the Order in question.
- Using the service
The Service Provider shall provide the Service User with a platform, via a computer network, to be invoiced for work performed and to be paid for work paid and/or accepted. The Service can be used to invoice work done both in Finland and abroad. The Service can be used to send invoices to Finnish and foreign entities and individuals. The Service is only suitable for invoicing work based on an assignment agreement. The Service shall not be used for the sale of goods or products or for the payment of wages in the context of an employment relationship.The features and measures included in each Service provided by the Service Provider are described exhaustively in the Service descriptions on the Service Provider's website. The Service does not include business advice, tax advice or legal advice. The Service User is always responsible for his/her business activities in general and in relation to the authorities. The Service User shall be responsible for clarifying the possible effects of the use of the Service on his/her own interests and obligations, such as unemployment benefits and pensions.The Service User acknowledges that the provision of the Service requires the Service User to provide the information and authorisations required and requested by the Service Provider from time to time and to carry out the actions in a timely manner, in the correct form and with accurate and complete content. The Service Provider may require the Service User to correct any errors in the material provided by the Service User, but the Service Provider shall not be obliged to check the information provided by the Service User. If the Service User provides false or outdated information on the Service, the Service Provider shall not be liable for any errors, costs or penalties that may result.The Service User undertakes to comply at all times with the legislation in force and the instructions for use of the Service provided by the Service Provider when using the Service. The Service User shall be entitled to use the Service only for billing legitimate business activities. The Service Provider reserves the right to impose restrictions on the billing of legitimate business activities and on the fields of activity. The Service User declares that he/she is taxable in Finland for the work invoiced through the Service. The Service cannot be used if the Service User, who is a sole trader, has other sources of income than those covered by the Business Tax Act. The Service User must have a valid register of taxpayers and, irrespective of the User's turnover, a valid VAT registration. However, registration as a VAT payer is not required if the Service User's business is defined as exempt from VAT under the VAT Act.Service Users who are light entrepreneurs must have a valid tax card for wage and salary income. The Service User is obliged, under certain conditions defined in the legislation, to take out a pension insurance for self-employed persons (YEL). This insurance may also be taken out on a voluntary basis. The Service User is obliged to find out independently whether he is liable for YEL and to take out YEL insurance either independently or through the Service Provider.
- Truster Light- special conditions for the Truster and services
The contractual relationship between the Service Provider and the Service User includes the billing of the Service User's work, payment of wages and other separately defined services. The Service User's Client orders the work from the Service User and the Service User sends the Client an invoice via the billing service. The Service Provider shall pay for the Work via the Billing Service. The invoice is issued in the name of the Service Provider without the Service User's own business ID.The service fee (only for the Truster Light service), withholding tax and any health insurance contribution, if the Service User is liable for YEL, are deducted from the invoice amount, net of VAT. The balance is the Service User's salary. All income from employment is taxed as earned income. The invoicing service will take care of the payment of VAT and withholding tax to the Tax Administration. Invoicing will always be made on a VAT invoice basis and the VAT will be deducted from the amount of the payment to the Service User.
- Truster Pro -special conditions for the service
Truster Pro -The service allows the Service User to set up a business name, invoice the client for work done under the business name, keep the business name's accounts, make official notifications of the business name and pay official fees. Truster Works Ltd provides payment services for a trading company as part of Truster Pro . Truster Works Oy (business ID: 3131729-7) ("Payment Service Provider") is a payment service provider registered with the Financial Supervisory Authority.The Service User can use the Service to create a business ID (trade name) for itself in the registers of the Finnish Patent and Registration Authority (PRH) and the Tax Administration. The establishment of a business name in the Service or the transfer of an existing business name to the Service requires that the Service User is a natural person of full age and with legal capacity.The use of the Service requires that the Service User gives the Service Provider the necessary authorisations for the establishment, reactivation and termination of the business name and/or business ID, as well as for the other provision of the Service and for dealings with the authorities. The Service Provider shall not be liable in the event that a third party does not accept the authorisation. In the event that the third party does not accept the authorisation, the Service Provider shall inform the Service User as soon as possible.The Service User undertakes to manage any changes in relation to the registration of the Y-code or tax matters primarily through the Service. The Service User shall inform the Service Provider of any changes made by the Service User himself and of any contact with the Tax Administration that may have an impact on the tax affairs of the Y-code.The Service User may transfer to the Service documents and vouchers related to the invoicing and accounting of the business name, on the basis of which the Service Provider shall create a single-entry accounting. The accounting is done on a continuous basis, but VAT returns are made every three months. The Service Provider shall submit a tax return on the basis of the records by the due date set by the tax administration each year.The Service User declares that all information concerning the use of the business vehicle which it provides to the Service Provider for the purposes of tax returns is complete and accurate. The Service User undertakes to be solely responsible for any errors or omissions in this information and for any consequences thereof. If the Tax Administration requires clarification of the data and mileage on which the tax deductions are based, the Service User undertakes to provide the Tax Administration with such information. The above obligations shall cover all tax returns made by the Service Provider based on the information provided by the Service User.The Service User undertakes that all income related to the business activities of the Service User shall be recorded in the Service in accordance with the instructions of the Service Provider, that all claims shall be invoiced through the Service, that all payments related to business activities shall be made through the Service and that all supporting documents related to such income and expenses shall be processed through the Service. If the Service User does not act as described above, the Service Provider shall not be liable for the accuracy of any payments made through the Service.The Service User's principal shall first pay the work invoiced by the Service User into the Payment Service Provider's Customer Reserve Account. The Payment Service Provider shall pay VAT and advance taxes to the Tax Administration, any YEL insurance premiums to insurance companies, any garnishment payments to the enforcement agency and the Service User's service fees to the Payment Service Provider from its customer reserve account, after which the funds shall be transferred to the bank account indicated by the Service User. The Payment Service Provider's customer reserve account may also be used to reimburse the payer in the event of a claim.
- Issuing, receiving and executing a payment order
The Service User makes a payment order through the Service by sending an invoice to the originator. At the same time, the Service User gives his consent to the execution of the payment order. The Service User shall be responsible for the accuracy of the information on the invoice sent to the originator. The payment order shall be deemed to have been received when the Service User has successfully sent the invoice to the originator. The execution of the payment order shall start when the originator pays the invoice to the Service Provider. The Service User shall be responsible for the receipt by the Service Provider of the funds from the Contractor which are the subject of the payment order for the execution of the payment order.
- Withdrawal or modification of a payment order
The Service User has the right to cancel the payment order no later than the day before the Service Provider takes action to execute the payment order. The payment order may be cancelled via the Service or by contacting the Service Provider's customer service. The Service User shall have the right to modify the invoice sent to the End Customer or to cancel the invoice via the Service before the End Customer pays the invoiced amount to the Service Provider.
- Missed or incorrectly executed payment order
The Service User shall notify the Service Provider of a non-executed or incorrectly executed payment order without undue delay upon its discovery. If a payment order has not been executed or has been executed incorrectly, the Service Provider shall, at the request of the Service User, trace the payment transaction and inform the Service User of the results. If a payment order has not been executed or has been executed incorrectly for reasons attributable to the Service User, the Service Provider shall not be obliged to trace the payment order. If a payment order initiated by the Service User has not been executed or has been executed incorrectly for reasons attributable to the Service Provider, the Service Provider shall return the amount of the payment order to the Service User without undue delay. The Service User shall not be entitled to a refund of the amount of the payment order or any other compensation from the Service Provider unless he notifies the Service Provider of an unlawful, non-executed or incorrectly or late executed payment transaction without undue delay after having discovered it.
- Transaction fees
The Service Fee may consist of a fixed monthly subscription price and/or a fee for the invoice, net of VAT, according to the Service Provider's current price list.All fees are specified in the Service Price List, which can be found at Truster . The applicable VAT in force at the time will be added to the service fees. By subscribing to a monthly invoiced Service or by sending an invoice via the Service, the Service User accepts the payment according to the price list.The Service Provider has the right to change the service fees by notifying the change via the Service or otherwise in writing. The change will be notified two months before the change takes effect and, in the event of a fee increase, the Service User will have the right to terminate the Service contract to expire when the changed fees take effect.
- Insurance
The Service Provider has insured the Service User with accident and liability insurance. These insurances are valid according to their own terms and conditions, which are available on the Service Provider's website. In the event of damage, the Service User shall be liable for his/her own liability.
- Separate additional services
The service provider may offer separate additional services in connection with its service, such as YEL insurance, express payment, HetiPalkka and other insurances. The Service User can choose his/her own additional services and has the possibility to accept or not accept the additional services' own terms of use. By accepting the terms of use of an additional service, the Service User agrees to be bound by the terms of the additional service. Additional services are subject to separate prices in the Service Fee Schedule and may be billed together with other service charges or separately.
- WeeklyWage
If the Service User has chosen the HetiPalka additional service, the salary can be withdrawn faster than the normal salary. The Service User can access the Additional Service by applying for invoice financing ("Financing Service") from the Service Provider through the Service. The Funding Service is provided by FundMe.fi Rahoitus Oy (business ID 3109174-2). In this case, the Service User offers to purchase the invoice receivable of its principal from the Service Provider, whereby the ownership of the invoice is finally transferred to the Service Provider. The Service User's principal will pay the invoice directly to the Service Provider and not to the Service User.By choosing the HetiPalkka Additional Service, the Service User must accept the HetiPalkka Additional Service terms and conditions through the Service. The Service User may apply for invoice funding on a per invoice basis through the Service, and the Service User must always accept the applicable HetiPalkka Additional Service Terms and Conditions when selecting the HetiPalkka Additional Service. The accepted Terms of Use will always apply to the invoice claim for which the Service User accepts the Terms of Use.
- Invoices and credit losses
The Service Provider will send the invoices issued by the Service User. When sending the invoice, the Service Provider has the right to reject the invoice or to modify the information and amounts on the invoice to reflect, for example, the VAT payable on the work.The Service Provider is not liable for any credit losses on the invoice, but offers services related to the collection of the invoice in the event of disputed claims.
- Service availability
The Service Provider provides the Service and maintains the Service with the utmost care. However, the Service is provided "as is" without any representations as to the availability or service levels of the Service.The Service Provider shall have the right to provide the Service as it sees fit and to use subcontractors.The provision or use of the Service may be suspended in whole or in part for such purposes as updating or maintaining the Service. The Service User shall not be entitled to any direct or indirect costs or damages that may arise from the suspension or discontinuation of the Service.The Service User shall be obliged to notify the Service Provider immediately of any errors or interruptions in the operation of the Service that it detects. The Service Provider shall not be liable for any errors in the services or interfaces provided by third parties, nor for their correction.
- Intellectual property
Copyright and other intellectual property rights related to the Service and its content are the property of the Service Provider. The rights to the material and databases produced by the Service Provider belong to the Service Provider. Unless otherwise agreed, the Service User shall not at any time be entitled to use the name, logo or trademarks of the Service Provider in his own work or marketing. The Service User may, however, state that he uses the Service Provider to invoice his work.The Service User shall be responsible for all material and content submitted to the Service and for the accuracy thereof. The Service User shall be responsible for ensuring that the material it submits does not violate any law or good practice or infringe the rights of third parties. The Service Provider shall have no right to the Service User's intellectual property rights and may not use them for purposes other than the performance of the Service.
- Confidentiality, personal data, accuracy of data and use of data
The Service Provider undertakes to use confidential information provided by the Service User or related to the use of the Service only for the purpose of providing the Service and complying with governmental regulations. The Service Provider is entitled to process the personal data it receives in accordance with the legislation in force. The personal data shall constitute a separate register and the Service Provider shall act as the controller. The privacy policy of the Service is available at truster.com/terms/privacy-policy.
- Damages and right of set-off
If the Service User causes costs to the Service Provider, the Service Provider has the right to charge or invoice the Service User in full for the direct costs incurred. The Service User is always ultimately responsible for ensuring that tax returns and other documents and other measures relating to the Service meet the requirements of the legislation and official regulations in force at the time and that the returns are submitted on time. The Service Provider shall not be liable for any damage caused by errors or delays in tax returns or tax documents, or for any damage caused by an error or delay in the Service resulting in a breach of law or other regulations or a breach of a contract with a third party. The Service Provider shall not be liable for any damage caused by errors or delays in billing or by the alteration or loss of data.The Service Provider shall not be liable for system errors or for incorrect or missing data provided by the Service User. The Service Provider's liability, if any, shall be determined in accordance with the law and shall not cover consequential damages or costs.The Service Provider's liability shall be limited to the amount of the Service fees charged to the Service User during the 12 months preceding the incident.Any claims relating to a particular Service must be submitted to the Service Provider in writing within 12 months of the provision of the Service.
- Duration and termination of the contract
Truster Light -For the Service, the agreement is valid for as long as the Service User uses the Service. The Service User may at any time stop using the Service through the Service. For the Truster and Truster Pro services, the contract is valid until further notice. The Service User has the right to terminate the contract by giving 30 days' notice by e-mail or via the Service. The Service Provider, in turn, has the right to terminate the contract with two (2) months' notice. Truster The Service Provider has the right to block the use of the Service if the Service User violates these Terms of Use or the Service Provider has reasonable grounds to suspect that the Service User has used the Service in violation of good practice or the law. The Service Provider shall notify the Service User of the blocking without undue delay.The parties shall have the right to terminate the agreement concerning the Service if one party commits a material breach of contract and does not remedy the breach within 14 days of written notice. The Service Provider also has the right to terminate the contract if the Service User is declared bankrupt, is subject to reorganisation or debt restructuring proceedings or is subject to international sanctions. The Service Provider shall notify the Service User of the termination of the Agreement via the Truster application.Truster Pro service, upon termination of the Agreement, the Service Provider shall provide or offer the Service User the possibility to download the accounting records of the Service User held by the Service Provider in the format and manner specified by the Service Provider. The Service Provider shall have no other obligations to the Service User upon termination of the Agreement, unless otherwise expressly agreed in writing.Notwithstanding the termination of the Agreement, the provisions of these Terms of Use and the rights and obligations hereunder which are deemed intended to survive termination shall survive termination.
- Links to third party services
The Service may contain links to third party websites and services that are subject to third party terms of use and privacy policies. The Service Provider is not responsible in any respect for such third party services and websites.
- Overwhelming obstacle
The Service Provider is not liable for delays and damages to the Service 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.
- Sanctions and the prevention of money laundering and terrorist financing
The Service User shall provide the Service Provider with the customer's identity data as defined in Chapter 3, Section 3 of the Money Laundering and Terrorist Financing Prevention Act (Money Laundering Act) as part of the opening of the customer relationship and shall ensure that this data is up-to-date throughout the duration of the contract. If the Service User fails to provide this information or if the Service User does not comply with the requirements of the Money Laundering Act, the Service cannot be provided to the Service User. The Service Provider shall not provide the Service to a Service User who is subject to sanctions imposed by Finland, the European Union, the United Nations, the United States, the United Kingdom or their competent authorities or bodies, acts on behalf of a sanctioned individual or legal entity, or sends invoice claims through the Service to entities subject to sanctions imposed by the competent authorities or bodies of the aforementioned countries.
- Transfer of contract
The Service Provider has the right to transfer the contract for the Service to a third party by notifying the Service User via the Service or otherwise in writing. The Service User shall not be entitled to transfer the contract or any rights or obligations relating to the Service to third parties.
- Invalidity
If any provision or term of these Terms of Use is found to be invalid or unenforceable, the validity or enforceability of the remaining provisions of these Terms of Use shall not be affected.
- Dispute resolution and applicable law
Disputes concerning the Agreement or these Terms of Use that cannot be settled by negotiation will be settled by the Helsinki District Court. The Agreement and these Terms of Use shall be governed by Finnish law.
- Language of the Terms
The applicable language of the Terms is Finnish. For customer service reasons, translations of the Terms may be provided, but in case of conflict, the Finnish version will prevail.
- Financial Supervisory Authority
Truster Ltd's subsidiary Truster Works Ltd is a payment services company registered by the Financial Supervisory Authority to operate as a payment services provider without a licence. Truster Works Oy is supervised by the Financial Supervisory Authority(www.finanssivalvonta.fi). The contact details of the Financial Supervisory Authority are Finanssivalvonta, Snellmaninkatu 6, P.O. Box 103, 00101 Helsinki, tel. 09 183 51 (switchboard), kirjaamo@finanssivalvonta.fi.
- Service provider
Truster Limited liability company
TIN: 1772129-3
Malminkatu 20, 00100 Helsinki
customer service@truster.fi
+358 50 1856
Truster Works Oy
Y-code: 3131729-7
Malminkatu 20, 00100 Helsinki
customer service@truster.fi
+358 50 1856