Worksome Legal Center

Fee and Payment Policy

Effective January 1, 2023

Overview

In this Fee and Payment Policy, we explain our fees and how to pay them. 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.

Types of Fees and Costs

In consideration of your use of our Services, we collect from you the fees and taxes described in this policy.

You represent and warrant that any information provided by you, based upon which our fees are calculated, is true, complete, and accurate and will continue to be during the use of our Services.

We reserve the right to modify our fees at anytime without affecting the then-current Booking Contract. All of our active Users will be notified of such changes thirty (30) days before the change becomes effective.

Worker Services Fees and Expenses

Booking Fees

Booking fees are the fees charged by the Worker to the Company for the services provided by the Worker pursuant to each Booking Contract (“Booking Fee”). Booking Fees must be clearly stated in each Booking Contract and accepted by all parties.

Worker Expenses

In addition to the Booking Fees, Workers may charge applicable Worker Expenses. These expenses must be permitted in each Booking Contract and require pre-approval in every instance (“Worker Expenses”). The Company shall remit to Worksome all approved Worker Expenses for payment to the Worker during each invoice period.

Worksome Fees and Costs

Implementation and Onboarding Fee

Worksome charges a one-time Implementation and Onboarding Fee for setting up the Platform, account configuration, and initial product training.

Platform Fee

‍Worksome charges a Platform Fee for all Assignments for Company’s use of the Platform. The Platform Fee is calculated as a percentage of the Booking Fee at the rates listed in our Pricing Page or in your Master Service Agreement.

Marketplace Fee

Worksome charges a Marketplace Fee for all Assignments with Workers introduced to the Company through the Platform’s marketplace for the duration of the Marketplace Ownership Period. The Marketplace Ownership Period is the period of 9 (nine) months beginning on the date on which such Worker commences their first Assignment for the Company.

Prepayment Fee

‍Worksome charges a fee for prepaying any Booking Fees to the Worker ahead of Worksome receiving payment of the applicable Invoice from the Company. The rate charged for the Prepayment Fee shall be defined in the Master Services Agreement.

Employment Costs

Employment Costs are Worksome’s statutory costs when acting as the employer of record for a Worker. Companies with Workers in Australia will be charged an additional Superannuation Employment Cost of each Worker's Rate in accordance with the Superannuation Guarantee (Administration) Act 1992. 

Staffing Agency Fee

‍All Assignments made through the Platform by a staffing agency invited to the Platform by the Company will be charged a Staffing Agency Fee at the rates agreed upon by the Company and each staffing agency.

Background Checks

Upon Company’s request, Worksome provides background checks on Workers.

Worksome Fees Payable by the Worker

Worker Platform Fee

Worksome charges the Workers a Marketplace fee for all Assignments contracted through the Worksome Platform. You acknowledge and agree that Worksome will deduct any Worker Marketplace Fees from the Booking Fees that will be paid to you under the applicable Booking Contract.  

Invoices

Our Platform enables Workers to issue bills to hiring Companies and enables hiring Companies to make payments for the Worker Services. When a Worker delivers services to the Company, the Worker will complete an electronic bill and submit it via the Platform to receive payment for their services. This process is done through self-billing, as explained below.

All Invoices are due within 45 days following the receipt of the Invoice by the Company from Worksome via the Platform. 

Self-Billing

Worksome uses self-billing for Worker Services. By registering an account with Worksome, you expressly agree to participate in self-billing subject to the terms and conditions contained here. Workers agree not to raise VAT (value added tax) invoices for the services they provide through Worksome and to accept all self-billed invoices created by Worksome for such services.

Workers are responsible for preparing and submitting a bill for the Services they provided to the Companies through our Platform (“Bill”). Each Bill must contain the information required to issue a VAT-compliant self-billing invoice under applicable laws. Workers understand that it is their responsibility to ensure all of the Bills contain accurate information. Once the Company approves the Worker’s Bill through the Platform, we will add any applicable Worksome fees to Worker’s Bill and present an invoice to the Company (“Invoice”). Following the receipt of the payment from the Company, Worksome will process the payment to the Worker according to the process explained under the Payments by the Company section below and credit the Worker’s account. 

If the Worker has an approved VAT account, the Worker is required to provide their VAT number to us in their account settings. Workers are solely responsible for the inclusion of their VAT account details. If any Worker has recently become VAT registered, they understand that they must submit their new VAT registration documents to accounting@worksome.com for processing. In the event the Worker is deregistered from VAT, becomes registered under another VAT number, or transfers their business, they must notify Worksome immediately and update their account settings to reflect the change.

Workers must notify us immediately if they are aware of any additional information that needs to be provided to the Bill and Invoice to comply with the applicable law for example including: if they cease to be registered for VAT, or if they change their VAT registration number.

Approval Process

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 (“Bill Acceptance Period”). Please see our Dispute Resolution Policy for a detailed guidance on how to handle disputes.

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.

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.

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.

Payments by the Company

To use our Services, you must configure a valid payment method on your Worksome account by authorizing us to charge a credit card or bank account. By establishing a payment method in your User Account, you: (a) affirm you are legally authorized to pay using the selected method; (b) affirm there are sufficient funds available to make payments; and (c) authorize Worksome to charge that payment method. You can change payment methods as many times as you want as long as your Account has one valid method authorized at all times.

If for any reason, we cannot collect any payments from your designated Payment Method, you understand you are solely responsible for paying such amounts by other means.

The Company’s payment obligation to a Worker for Booking Fees remains in force until the Booking Fees have been invoiced to the Company and the Company has paid the applicable Invoice via the Platform. Accordingly, the Company understands that it will not be released from the payment obligations to the Worker until Worksome receives payment of the applicable Invoice from the Company.

Worksome Prepayment Service

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.

Worksome Contractor Prepayment Service is subject to credit approval.

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.

Late Payments

Except for any Invoices that the Company has successfully disputed, all late payments will bear interest at the lesser of the rate of two-percent (2%) per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. The Company will also reimburse Worksome for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.

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

Changes to the Payment Method

Companies may access and change their Payment Method in their Profile. Changes made to the Payment Method will not affect the charges we already submitted to the Payment Method before we could reasonably act on such changes.

Funds Transfer to the Worker

Booking Fees payable to the Worker will be paid to the Worker’s Payment Method within 2 business days of Worksome’s receipt of such Booking Fees from the Company as long as the Worker has a valid Payment Method designated under their account. Workers understand that Worksome will deduct any Worker Platform Fees from the Booking Fees before initiating the transfer to the Worker. Any Costs related to the transfers from or to the Worker’s designated Payment Method will be borne by the Worker.

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.

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.

Currency

Worksome facilitates payments in local currencies for each of its primary markets. Invoices will be raised in the same currency as agreed between the Client and the Worker in the Booking Contract. Payments must be made in the currency of the invoice. If your Payment Method uses a different currency than the currency shown on the Invoice, Worksome has the right to either reject the payment and request payment in the correct currency or there may be foreign currency conversion rate applied to your payment, and additional fees may apply.

Taxes

Workers contracting through the Platform are responsible for all tax liabilities for payments received for Worker Services. Workers using Payroll Services and those bookings classified as employee-type may be subject to certain tax withholding as required by applicable law. You acknowledge and agree that you are solely responsible for all tax liability for payments received. Worksome will not withhold any taxes from payments unless required by law, and specifically disclaim any obligation to ensure tax withholding or payment compliance and obligations on your behalf.

Workers will: (1) issue Bills (as defined under Self-Billing) for their services provided to the Companies under the applicable Booking Contract, (2) will determine whether they are required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Booking Fees, and (3) remit any such taxes or charges to the appropriate authorities, as appropriate. Workers will fully and promptly cooperate with Worksome in the event of any audit and will provide Worksome with any records that might reasonably be required for the audit, including but not limited to tax returns and records demonstrating that the Worker is operating their own business.

The Fees defined under this policy do not include any Sales Tax (as defined below) that may be due in connection with our Services. If we determine that we have a legal obligation to collect Sales Tax from you, we will collect such Sales Tax in addition to the fees. If our Services are subject to Sales Tax in any jurisdiction in which you have the responsibility to remit such Sales Tax, and you have not remitted the applicable Sales Tax to us, you understand that you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you accept to provide official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Negative account balance

If the balance in your account becomes negative for any reason, that negative balance represents an amount that you owe to Worksome. We may deduct, set off or recoup these amounts owed to us from your account, at any time and without notice, including when funds are added to your account later, either by you or from payments you receive. If you have more than one account, we may set off a negative balance in one account against a balance in your other accounts. If you continue using your account when it has a negative balance, you authorize us to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction. We reserve the right to suspend your access to the Platform until all outstanding payments are received. In addition, we may engage in all lawful action including collection efforts to recover any amount due from you.

Notice of errors

You understand that you are responsible for promptly notifying us in writing of any errors or discrepancies with respect to fees, taxes, or withholdings regarding any transaction on your account. Following the date of any transaction, the date of any account statements, or other account activity made available to you by us with respect to your account, you have ten (10) days to notify us of any errors or discrepancies. Unless limited by applicable law, your failure to notify us within such time will deem your acceptance that such information as accurate, and we will have no obligation to make any corrections.

Refunds

You understand that we have no obligation to provide refunds or credits. However, we may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.

Holds on Transfers

We may, in our sole discretion, place a hold on the transfers if we suspect funds may be subject to chargeback, reversal fraud or other forms of failure. In the event that we place a hold on a transfer, we will communicate the reasons for the hold to all parties involved and we will use commercially reasonable efforts to resolve and release the hold as quickly as possible.

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.

Our Role in Payment Facilitation

The transmission of funds for fees payable under this policy is not a separate and discrete service that we provide in addition to the Platform. Rather, the transmission of funds in an auditable manner is an integral part of the Services we provide.

We are not your agent with regard to any payments of funds. We are not a financial institution and will in no circumstances be a fiduciary or trustee for the Workers or Companies. Payments transmitted through Worksome are not insured deposits and are subject to default, loss, or forfeiture.

Each Worker or Company is solely responsible for the Invoice and payment for Worker Services. We act as a service provider by providing our users with access to the Platform enabling them to raise, submit, pay and receive payment for invoices. We are not responsible in any way for the timeliness or accuracy of the invoices.