Worksome Legal Center

Fee and Payment Policy

Effective March 1, 2024

Overview

Within this Fee and Payment Policy, we provide clarity on our fees and the payment process. Any capitalized terms that are not defined in this Policy are defined in the Terms of Use, User Agreement, or elsewhere in our Terms of Service.

1. Types of Fees and Costs

When utilizing our services, you are subject to the fees and taxes outlined in this policy. You understand and agree that all information provided to us for fee calculation is truthful, comprehensive, and precise, and will remain so throughout your usage of our services. We retain the right to adjust our fees at our discretion without impacting existing booking contracts. Any alterations will be communicated to all active users at least thirty (30) days prior to the change taking effect.

2. Worker Services Fees and Expenses

       2.1 Booking Fees

       Booking fees refer to the charges levied by the Worker to the Company for services rendered under each Booking Contract ("Booking Fee"). These fees must be explicitly outlined in every Booking Contract and accepted by all involved parties.

      2.2 Worker Expenses

       Apart from Booking Fees, Workers may also bill for relevant Worker Expenses. These expenses, subject to approval in each Booking Contract, necessitate pre-authorization for every instance ("Worker Expenses"). The Company is responsible for remitting all approved Worker Expenses to Worksome for payment to the Worker during each invoicing period.

3. Worksome Fees and Costs

Implementation & Onboarding Fee

Worksome charges a one-time Implementation and Onboarding Fee for platform setup, account configuration, implementation support and product training.

Platform Fee

A Platform Fee is charged for all Engagements, calculated as a percentage of the Booking Fee.

Marketplace Fee

Worksome charges a Marketplace Fee for Engagements with Workers sourced from the Worksome’s Marketplace, applicable for the duration of the Marketplace Attribution Period.

Employment Costs

Worksome charges all applicable Federal, state, and local statutory employment costs when serving as the employer of record. The specific fees vary by location.

For Australian Workers, an additional Superannuation Employment Cost is charged in accordance with the Superannuation Guarantee (Administration) Act 1992.

Staffing Agency Fee

Assignments facilitated through a staffing agency invited to the platform by the Company incur a Staffing Agency Fee, based on agreed rates between the Company and the staffing agency.

Background and Pre-hire Screenings

Worksome provides comprehensive background checks and pre-employment screening services. The fees for these services vary depending on the type of background check.

4. Worksome Fees Payable by the Worker

Worker Platform Fee

Worksome charges the Workers a Platform fee for all Engagements contracted through the Worksome platform for general users not otherwise contracted with Worksome. Worksome will deduct the Worker Platform Fee from each applicable invoice.

5. Invoices

Our platform facilitates the seamless exchange of invoices between Workers and hiring Companies. When a Worker provides services to a Company, they generate an electronic bill through the platform and submit it for payment. This process, known as self-billing, streamlines invoicing procedures and ensures prompt payment for services rendered.

Unless otherwise agreed, all invoices are due on receipt.

6. Self-Billing

      6.1 Participation Agreement: By registering with Worksome, Workers agree to participate in self-billing as outlined herein. They expressly waive the right to issue VAT invoices for services rendered through the platform and accept all self-billed invoices generated by Worksome.

      6.2 Billing Responsibility: Workers are responsible for preparing and submitting bills ("Bills") for services provided to Companies via our platform. Each Bill must meet VAT compliance requirements and contain accurate information. Upon Company approval, Worksome will add applicable fees to the Bill and generate an invoice ("Invoice") for the Company. Payments received from the Company will be processed by Worksome and credited to the Worker's account.

      6.3 VAT Account Details: Workers with approved VAT accounts must provide their VAT number in their account settings. They are responsible for maintaining accurate VAT account information. Any changes to VAT registration status or details must be promptly communicated to Worksome for processing.

      6.4 Notification of Changes: Workers must inform Worksome immediately of any changes affecting billing compliance, such as deregistration from VAT or changes in VAT registration details. This includes ceasing to be VAT registered, changing VAT registration numbers, or transferring their business.

      6.5 Compliance: Workers are obligated to notify Worksome of any additional information required for Bills and Invoices to comply with applicable laws. This includes updates regarding VAT registration status or changes in VAT registration numbers.

By adhering to these self-billing guidelines, Workers ensure compliance with VAT regulations and facilitate seamless invoicing and payment processes through the Worksome platform.

7. Approval Process

       7.1 Once a Company receives a Bill, they have the option to either approve or dispute the Bill. In cases where the Company intends to dispute a Bill, the Company must raise such dispute directly with the Worker within 72 hours of receipt of the Bill (the "Bill Acceptance Period"). Please see our Dispute Resolution Policy Ifor a detailed guidance on how to handle disputes.

       7.2 If the Company approves a Bill within the Bill Acceptance Period, such Bill will be deemed accepted as true and correct. Approved Bills are final. When a Company approves a Bill, they waive their right to dispute the Bill.

       7.3 Worksome expressly disclaims any liability for payment or approval of Bills, and under no circumstances will be liable for the acceptance, approval, or payment of any Bill.

8. Auto-Approval Feature 

Worksome Platform provides a feature that allows Company Accounts to automatically approve all Bills (“Auto-Approval”). Companies understand that when the Auto-Approval feature is enabled, all Bills are automatically approved, and Companies waive their right to dispute any Bill. Auto-Approve can be disabled at any time by contacting Customer Support at hello@worksome.com.

9. Payments by the Company

       9.1 Payment Method Authorization. To utilize our Services, a valid payment method must be configured on your Worksome account. This involves authorizing us to charge a credit card or bank account. By setting up a payment method, you affirm that you are legally authorized to use the selected method, confirm the availability of sufficient funds, and grant Worksome permission to charge the designated payment method. You can modify payment methods as needed, provided your account maintains at least one valid authorized method at all times.

       9.2 Responsibility for Failed Payments. If, for any reason, we are unable to collect payments from your designated Payment Method, you acknowledge and agree that you are solely responsible for making such payments through alternative means.

       9.3 Payment Obligation to Workers. The Company's obligation to pay Workers for Booking Fees remains in effect until the Booking Fees are invoiced to the Company and the applicable Invoice is paid via the platform. Therefore, the Company understands that it remains liable to the Worker until Worksome receives payment of the applicable Invoice from the Company.

10. Worksome Prepayment Service (subject to credit approval)

Worksome offers to prepay Booking Fees to the Worker ahead of Worksome receiving payment of the applicable Invoice from the Company. Under the terms of the Worksome Prepayment Service (“Worksome Prepay”), Booking Fees will be paid to the Worker within 15 days following Company’s approval of a Worker’s Bill via the platform.

Worksome Prepay is subject to a Prepayment Fee. The Prepayment Fee is variable and is subject to change from time to time based on changes in the official interest rate level set by the relevant central bank in each of Worksome’s markets. If we need to change the Prepayment Fee, we will notify you as soon as possible. You have the option to turn off the Worksome Prepay if the rate is not acceptable by you.

You understand that we have a right to suspend or terminate Worksome Prepay, in our sole discretion, with immediate effect by providing you written notice via your account.

11. Late Payments

Except for disputed invoices, all late payments will accrue interest at a rate of either two percent (2%) per month or the highest rate allowed under applicable law. Interest will be calculated daily and compounded monthly. Users are responsible for reimbursing Worksome for all reasonable costs associated with collecting late payments, including but not limited to, attorneys' fees and legal costs.

We reserve the right to suspend the provision of any Service if you fail to pay any undisputed amounts when due.

12. Changes to the Payment Method

Companies have the flexibility to access and modify their payment method in their Profile settings. It's important to note that any changes made to the payment method will not impact charges already submitted to the payment method before Worksome could reasonably act on such changes. Transactions initiated prior to the modification of the Payment Method will proceed as originally configured, and the changes will only apply to future transactions.

13. Funds Transfer Processing Time

Booking Fees owed to the Worker will be transferred to the Worker’s designated Payment Method within 2 business days of Worksome receiving the Booking Fees from the Company, provided the Worker has a valid Payment Method specified in their account. It’s important for Workers to note that Worksome will deduct any Worker Platform Fees from the Booking Fees before initiating the transfer to the Worker. Additionally, any costs associated with transfers to or from the Worker’s designated Payment Method will be the responsibility of the Worker.

14. InstaPay 

InstaPay is a feature offered by Worksome to the Workers that enables them to request upfront payments after the Company's approval of the Invoice. To enable this feature, the Company must first be approved by Worksome for this service.

The Workers will be informed of the fee to use InstaPay at the time they approve the payment through InstaPay.

15. Third-Party Provider

We use Stripe, Inc. as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By using our Services, you agree to be bound by Stripe’s Privacy Policy and Terms of Use and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions.

16. Currency

Worksome supports payments in local currencies for its primary markets. Invoices will be issued in the currency agreed upon between the Client and the Worker in the Booking Contract. Payments are required to be made in the currency specified on the Invoice.

If the currency of your Payment Method differs from the currency indicated on the Invoice, Worksome reserves the right to either reject the payment and request payment in the correct currency, or apply a foreign currency conversion rate to the payment, which may incur additional fees.

17. Taxes

Workers contracting through the platform bear responsibility for all tax liabilities arising from payments received for Worker Services. Those utilizing Payroll Services or engaging in bookings classified as employee-type may be subject to tax withholding as mandated by applicable law. You understand and agree that you are solely accountable for all tax liabilities associated with payments received. Worksome will not withhold taxes from payments unless mandated by law, and explicitly disclaims any obligation to ensure tax compliance or fulfill tax obligations on your behalf.

Workers will:

       a. Issue Bills for services rendered to Companies under the relevant Booking Contract.

       b. Determine whether they are obligated by law to remit any value-added tax or other applicable taxes or charges on Booking Fees and remit such taxes or charges to the appropriate authorities.

       c. Fully cooperate with Worksome in the event of an audit, providing necessary records, including tax returns, to demonstrate compliance with tax obligations.

18. Negative account balance

If your account balance becomes negative for any reason, the negative balance signifies an amount owed to Worksome. We reserve the right to deduct, set off, or recoup these owed amounts from your account, at our discretion and without prior notice. This may occur even if funds are subsequently added to your account, whether by your action or from payments received.

In cases where you possess multiple accounts, we may offset a negative balance in one account against the balance in another. Should you choose to continue using your account with a negative balance, you grant us authorization to combine the negative balance with any debit or transaction initiated from your account. This combination will be disclosed to you in advance of the transaction.

We retain the right to suspend your access to the platform until all outstanding payments are settled. Additionally, we reserve the option to undertake all lawful actions, including collection efforts, to recover any amount owed by you.

19. Notice of errors

You acknowledge your responsibility for promptly notifying us in writing of any errors or discrepancies concerning fees, taxes, or withholdings related to any transaction on your account. Upon the date of a transaction, the issuance of account statements, or any other account activity provided to you by us, you have a period of ten (10) days to inform us of any errors or discrepancies. Unless restricted by applicable law, failure to notify us within this timeframe will be construed as acceptance of the accuracy of the information, and we will not be obligated to make any corrections.

20. Refunds

Subject to applicable law, we are not obligated to provide any refunds or credits. Nevertheless, we reserve the right to grant refunds in exceptional circumstances, as part of specific refund guarantee, promotion, or to rectify any errors made by us, solely at our discretion.

21. Holds on Transfers

We may impose a hold on transfers if we suspect that funds are at risk of chargeback, reversal, fraud, or other forms of failure. In such instances, we will promptly communicate the reasons for the hold to all involved parties. We will make commercially reasonable efforts to resolve the issue and release the hold as expeditiously as possible.

22. Errors, Fraud, and Chargebacks

In the event of errors, under or overpayment, chargeback, or fraudulent transactions, we reserve our right to a prompt reimbursement. You understand that we have a right to investigate all transactions for fraud and accuracy. You agree to fully-cooperate with us in resolving any inaccuracy in the billing or payments process related to your Worksome account. You expressly authorize us to obtain reimbursement for any over or underpayment, by any lawful means, including the use of third-party collectors.

23. Our Role in Payment Facilitation

The transmission of funds for fees outlined in this policy is not a distinct service provided separately from the platform. Rather, it is an integral component of the Services we offer, ensuring the secure and auditable transfer of funds.

We do not act as your agent in any payment transactions. As a non-financial institution, we do not hold a fiduciary or trustee role for Workers or Companies under any circumstances. Payments conducted through Worksome are not safeguarded deposits and may be subject to default, loss, or forfeiture.

Each Worker or Company bears sole responsibility for their respective Invoices and payment for Worker Services. Our role is that of a service provider, granting users access to the platform to create, submit, pay, and receive payment for invoices. We do not assume responsibility for the timeliness or accuracy of invoices in any manner.