Payment guarantee

If you handle your orders through Smart and are employed by Smart, you can benefit from the payment guarantee.

 

The payment guarantee includes two aspects:

1. The salary guarantee means that at the end of each month you receive an averaged salary fromthat Smartis at the end of the monthalso based on your planned future orders.order forms. Smart advances yourthis salarypayment and pays it out toyour yousalary even if Smartwe hasdid not yet issuedissue the invoice to your clientclient, or iswe awaitingare paymentstill fromwaiting for your client.client’s payment.This ensures that you receive a regular salary at the end of each month,month makingand you are less dependent on fluctuating payments.payment Youschedules. In consultation with Smart, you can determine with Smartdecide which salary category suits you bestbest. andThis category can adjustbe this categoryadjusted depending on your planned orders.order forms.

2.In Undershort: the payment defaultguarantee guarantee,means that the value of your order forms is already available in your budget, regardless of when your client pays.

This also means that you will continue to receive your salary even if Smartyour hasclient delays payment and does not beenpay paidthe invoice on time by your client.time. In this case, Smart will take care of contactingcontact your client and remindingremind them to paymake the invoice.payment.

If, despite multiple payment reminders,

If your clientclients doesstill do not pay the invoice fromafter Smart,several payment reminders, Smart will formally demandrequest payment from yourthe respective client. Before Smart takestaking this step, youSmart will becontact contactedyou to discuss the details. If your client still does not pay the invoice even after a formal payment demand,request, Smart is liable withtakes the assetsfinancial of the cooperative.responsibility.

TheRequirements two basic requirements offor the payment guarantee are:

1.

1. Your client has formally confirmed the orderassignment online or by signing the order form (or frameworkservice agreement) with Smart.contract. Only then does Smart have the legal basis to demandrequest payment from your client and send apayment reminders or formal payment reminderrequests.
or effect debt collection.

2.

2. Your client is based in the European Union.Union.
For clients outside the European Union, it is very difficult for Smart to demand payments and send payment reminders.

When does the payment default guarantee not apply?

1. YourWhen you skipped the client hasconfirmation notwhen signedcreating the order form or framework agreement and didno not confirm thesigned order online.form or service contract exists. In this case, Smart has no legal basis to demandclaim payment from your client or send a payment demand.request.
2. YourWhen your client is based outside the European Union. In this case it is very difficult for Smart to enforce payment.
3. TheWhen serviceyour periodclient liesis a private individual. Our experience shows that reminder procedures and debt collection are rarely successful with private clients. We are currently working on a digital solution in the pastportal (clientthat confirmationwill throughenable instant payments.
4. When the portalwork cannot be done on that order, as changes are not possible)
5. You havewas not completed the order to the satisfaction of your client. AsIn such cases there are often different perspectives in such cases,interpretations. Smart offers tocan act as ana intermediarymediator in close communication with you toand help reach an agreement with your clientclient. If it is agreed that satisfies all parties. This can be advantageous for you, as Smart has a lot of experience in mediating disputes and can be seen as a stronger counterpart. If an agreement is reached with your client to only pay a portionpart of the invoice,invoice will be paid, the payment default guarantee only applies only to that partial amount.
If you disagree with
6. When the agreement,assignment you can convene an independent committee consisting of other Smart members.
7. You havewas only partially completed the order.completed. In this case,case the payment default guarantee only applies only to the part of the work that haswas actually been completed and invoiced.
8. TheWhen orderthe assignment could not be fulfilledcarried out due to force majeure (e.g., COVID-19).majeure. If anthere individualis a contractual arrangement existsagreement with your client regarding order failurescancellations due to force majeuremajeure, (e.g.,for compensationexample payment),a cancellation fee, the payment defaultguarantee guaranteeonly applies onlyto tothat agreed amount. Members are responsible for recording these conditions in the contractuallyadditional regulatedagreement compensationsection payment.of the order form.
9. IfWhen you do not allow Smart to send apayment reminders or payment reminder or demandrequests to your client.

Special conditionsrules for framework agreementscontracts / orders withor recurring payments:order forms

If you have agreed to a confirmed andor signed framework agreementcontract with a business client in the European Union, the following applies:

you
• Estimateestimate the plannednumber of units or hours you will provideplan to thework for your client pereach month and selectchoose ana appropriatecorresponding employment category. A minimum estimate of units or hours must be included in the signed framework agreementcontract so that a realistic employment category can be chosen.
selected. 
• If the estimate doeslater notturns materializeout asto expectedbe (ifinaccurate and you work more or fewer units or hours per month),month than planned, your employment category can be upgradedadjusted orso downgraded to balancethat your budget.
budget
• balances out.The payment default guarantee only applies only to the units or hours that were actually invoiceddelivered and provided.
invoiced.
• Clients outside the European Union or unsigned order forms or framework agreements:

  There is no payment default guarantee infor theseprivate cases.

clients,
• clients outside the European Union, or order forms without a signed framework contract.

  Payments to Smart via a credit without a signed order form

  and

  If invoice:there Youris no signed order form, your employment withat Smart can only begin or be extended in these cases whenonce your client has paidpaid. invoicesIn orthis credits totaling the first or next month's salary in your chosen employment category. There iscase, no payment default guarantee in these cases.

applies.

Special conditionsrules for higherlarger amount invoicesamounts

For

• Invoicesinvoices of €500.005,000 or more issued to privatebusiness clients abroad inclients, the EUorder -forms additionalmust securityalso measuresbe are required — specifically, your client's bank account details (IBAN). This will assist our international debt collection service in recovering your funds in case of non-payment. Please inform your clientssigned and senduploaded usagain the relevant information. Alternatively, we can contact them directly. If this information is not provided, the invoice can be issued without a payment guarantee.
• Invoices of €5000.00 or more to all clients - if usingduring the client confirmation thoughprocess.
  Smart

  Order Portal,forms can be confirmed up to two months in advance.

  Note

  If, after a payment guarantee has been granted, it is discovered that the order needsform was based on incorrect information, Smart reserves the right to be additionally signed by the clients.

In some cases, e-mail correspondence can also be used for the payment guarantee.
The following conditions must be met forrecover any prooffinancial that does not run via the client confirmation in the portal:
- Smart must be mentioned as the contractual partner.
- It must be clear to which service the confirmation applies, as well as the service period and the invoice amount.
- The client must be clearly recognizablelosses from the correspondencemember.

with

 the

full

 name.