Privacy Policies & terms of use

These are the regulations for using our products and services as well as our Personal Data Processor Agreement and Personal Data Policy. We recommend that you learn the basics about GDPR, especially if you yourself handle personal data in your business.

PERSONAL DATA PROCESSOR AGREEMENT

4/1/2018

By accepting Comlink AB’s (hereinafter referred to as the “Processor”) General terms of service in order to use the service in some way or another, the User (hereinafter referred to as the “Controller”) enters into a binding Personal Data Processor Agreement.

The Processor and Controller (hereinafter referred to individually as a “Party” or collectively as the “Parties”) have entered into the following Personal Data Processor Agreement (hereinafter referred to as the “Agreement”).

1. DEFINITIONS

“Processing” – Every action or series of actions taken with regard to Personal Data, regardless of whether or not this is performed automatically. For example, collection, registration, organization, structuration, storage and processing.

“Data protection regulations” – Legislation or regulations applying at any time that are to be applied to the Processing of Personal Data and the Supervisory Authority’s binding decisions and regulations. Also additional local adaptation and regulation with regard to data protection.

“Personal Data” – Any information relating to an identifiable physical person (hereinafter referred to as the “Registered Person”). The information may be directly or indirectly attributed to a physical person the Processor deals with on behalf of the Controller. Personal data may, for example, refer to information such as address, name and telephone number.

“Personal Data Controller” – A legal person who decides the purposes for which the data may be processed and how Processing shall take place. The Personal Data Controller must ensure that Processing takes place in accordance with the data protection regulations.

“Personal Data Processor” – A legal person who deals with Personal Data on behalf of the Controller. The Processor may only act in accordance with instructions from the Controller.

“Subprocessor” – A party that processes Personal Data as a subcontractor to the Processor.

“Supervisory Authority” – In Sweden: The Swedish Data Protection Authority.

“Personal Data Breach” – A security incident leading to unintentional or illegal destruction, losses or changes or to unauthorized disclosure of or unauthorized access to the Personal Data being processed.

2. GENERAL

2.1 In the fulfillment of this Agreement, the Processor will process Personal Data on behalf of the Controller in his capacity of Personal Data Processor. The Controller is the person Responsible for Processing the Personal Data. Where someone else acts as the person Responsible for Personal Data together with the Controller, the Controller shall inform the Processor of this. The aim of the Agreement is to ensure protection of the integrity of the personal data.

3. RESPONSIBILITY

3.1 The Controller is the person Responsible for the Personal Data the Processor processes on behalf of the Processor during the period of the agreement. The Controller is therefore responsible for the applicable Data Protection regulations being adhered to when registering personal data. The Controller also has an obligation to inform the Processor of the kind of matter of relevance for the execution of the Processing. The Processor undertakes to adhere to the applicable requirements in the Data Protection Regulations that the Controller has instructed the Processor to follow in writing.

3.2 The Processor shall deal with Personal Data in accordance with the Controller’s documented instructions. The content of this Agreement shall be regarded as constituting the Controller’s instructions to the Processor with regard to the Processing of personal data. The Controller shall inform the Processor of a third party’s, including the Supervisory Authority’s and the Registered Person’s, actions resulting from Processing.

3.3 If the Processor, the individual working under the guidance of the Processor or engaged by the Subprocessor deals with Personal Data in contravention to this Agreement, liability for damages will incur. The Processor shall compensate the Controller for the direct damage caused to the Controller as a result of the incorrect Processing.

3.4 The Processor shall be held harmless and indemnified by the Controller for all direct or indirect damages caused to the Processor through transgressions of the data protection regulations due to unclear or shortcomings in instructions from the Controller.

4. INSTRUCTIONS

4.1 The following instructions apply to the Processor’s management of Personal Data for which the Controller is responsible.

Purpose

4.2 The Processor shall only process Personal Data in order to provide his service and related support and maintenance services to the Controller.

Categories

4.3 Information about the Registered Person obtained by the Controller in the form of, for example, name, address, telephone number, e-mail address, delivery address, personal identification number, IP number, reference number for transaction and invoice number and purchase history/order data. Exactly which data is processed for each Registered Person is governed by the Controller through settings and his own deletion and archiving.

Consent

4.4 Consent is a legal ground for the handling of the Registered Person’s personal data. A valid consent shall be a voluntary, specific and unambiguous expression of will through which the Registered Person accepts the Processing of his Personal Data in accordance with the information furnished. The consent must be an active document and be able to be presented retrospectively, for which the Controller has the burden of proof.

4.5 The Controller is personally responsible as Controller of Personal Data for obtaining the consent of the Registered Persons to Processing.

Archiving

4.6 The Controller is responsible for the archiving of personal data. During archiving, the Registered Person’s personal data shall be deleted from the register of customers. Order data, such as payment method, product data and any payment reference to external payment systems shall still be saved anonymously for statistics and in order to be able to provide repayments in the case of returns, guarantees or complaints.

4.7 The Parties shall to the greatest possible extent avoid handling Personal Data in unstructured data (e.g., e-mail). Where such handling is unavoidable, there shall be continuous archiving of data. If the Parties wish to keep unstructured data for a long period of time, Personal Data shall always be encrypted.

Initiation and cessation

4.8 The processing of Personal Data is initiated by ordering or creating a Cloud account and when the Controller lists the Registered Person’s Personal Data in his Cloud account.

4.9 The processing of Personal Data will cease when the Registered Person requests deletion, by contacting the Controller or when the archiving time for the data in question is due.

IT security measures

4.10 The Processor’s premises shall be protected against unauthorized physical access. IT equipment through which the Registered Person’s Personal Data can be accessed shall be locked when left unsupervised at the Processor’s premises.

4.11 The Processor shall perform regular backups of all data the Processor processes on behalf of the Controller. Backups are deleted on an ongoing basis after 180 days.

4.12 Two-factor authentication shall be required for access to the IT equipment where Personal Data is processed.

4.13 The Processor shall ensure that internal communication between servers takes place securely. The Processor shall also have procedures for ensuring that relevant confidentiality undertakings are agreed with suppliers providing, for example, services and repairs of the IT equipment used.

4.14 Firewalls and other segregated functions for which the Processor is responsible in accordance with the Agreement shall be configured securely and also follow best practice as regards good security of information.

4 .15 The IT equipment where the Registered Person’s Personal Data is stored shall be protected using suitable software that shall be capable of identifying, removing and protecting against known types of malicious code. The scanning of servers for malicious code shall be performed on a daily basis.

5. SECURITY

5.1 The Processor shall take the technical and organizational action required in accordance with the data protection regulations in order to maintain the security level appropriate in order to protect the Personal Data processed.

5.2 The Processor shall assist the Controller with ensuring the obligations in the event of a Personal Data Breach and other obligations described in Articles 32-36 of the data protection regulations are fulfilled.

6. DISCLOSURE OF PERSONAL DATA

6.1 If a request is received by the Processor to provide data the Processor is dealing with on behalf of the Controller, the Processor shall forward the request to the Controller. The Processor or individual working under the guidance of the Processor must not disclose Personal Data or other information about the Processing of Personal Data without being expressly instructed to do so by the Controller. Disclosure will however be accepted if there is an obligation to do so according to the data protection regulations.

6.2 By taking appropriate technical and organizational measures, the Processor shall assist the Controller to the extent possible so that the Controller can fulfill his obligation to respond to a request from the Registered Person.

6.3 The Processor shall inform the Controller of any contact with the Supervisory Authority regarding Processing of personal data. The Processor is not entitled to represent or act on behalf of the Controller in respect of the Supervisory Authority.

7. SUB PROCESSORS

7.1 The Controller accepts Personal Data being processed by a Sub processor where the Processor finds this necessary and the Processor enters into a written agreement on behalf of the Controller where the Subprocessor becomes subject to the same obligations as the Processor is subject to under this Agreement. If requested by the Controller, the Processor shall provide information regarding Sub processors contracted by the Processor.

8. RIGHT TO INSPECT

8.1 The Processor shall give the Controller access to all information required in order to show that the obligations pursuant to Article 28 of the Data Protection Regulation have been complied with. The Processor shall give the Controller access to this information within a reasonable period of such a request being submitted.

9. CONFIDENTIALITY

9.1 The Processor shall ensure that persons authorized to deal with Personal Data have undertaken to observe confidentiality during Processing. This undertaking does not however apply to information the Processor is ordered to provide to an authority in accordance with a statutory obligation. The confidentiality undertaking applies without any restriction in time.

10. PERIOD OF THE AGREEMENT AND ACTION UPON TERMINATION

10.1 The Agreement applies for as long as the Processor Processes Personal Data on behalf of the Controller.

10.2 Upon the cessation of the Agreement, the Processor shall delete the Personal Data the Processor has received as well as any copies of the personal data.

11. AMENDMENTS AND ADDITIONS

11.1 If the data protection regulations are changed during the duration of this Agreement or if the Supervisory Authority issues guidelines, decisions or regulations on the application of the data protection regulations, leading to this Agreement not fulfilling the requirements set out for a Personal Data Processor Agreement, this Agreement shall be amended so as to cater for these new or additional requirements. Any such change will enter into force no later than thirty (30) days after the Controller informs the Processor of the need for change. The Processor is entitled to reasonable compensation for any work, costs and expenses caused by such changes.

11.2 Other amendments and additions to this Agreement shall be prepared in writing in order to be binding.

12. CONCLUSION

12.1 This Agreement replaces any previous Personal Data Processor Agreement between the Parties. Swedish law shall also apply to the Processor’s processing of Personal Data in accordance with this Agreement. Disputes shall be resolved in accordance with the dispute resolution provision in General terms of service.

PERSONAL DATA POLICY

4/1/2018

Comlink AB (the “Company”) undertakes to process personal data in accordance with Swedish legislation. You (the “User”) are responsible for the information provided on registration or at the entering into of the agreement being correct. In connection with registration of the User, the User’s name, address, telephone number and e-mail address may be stored for the purposes of communicating directly with the User and in order to ensure that the Service can be used in an adequate and effective manner.

The Company will gather and store registered personal data for the purposes of providing the company’s services to the User. The personal data may be used in the future to communicate with the User with regard to the company’s activity concerning new Products and/or Services. The User approves the Company’s right to communicate with the User by physical mail, telephone or e-mail to inform of changes, offers etc. that could be linked to the service and/or agreement. If the User does not wish to receive offers from the Company during the period of the agreement or after the agreement ceases, the User may decline these by contacting the Company direct. The Company reserves the right to provide personal data to a third party in order to, for example, fulfill the company’s services or to communicate with the User with regard to our products. The Company also reserves the right to retain customer data after the agreement has ceased in order to avoid the repeated use of introductory, campaign and premier offers.

The User is personally responsible for keeping his data on the account and on the Website up-to-date. This is for the purposes of the Company or the Company’s retailers being able to fulfill their undertakings. The Company is not responsible for errors in the Service and any consequences of these errors if the error has its origin in out-of-date customer data. The User is entitled at any time to request information about the data the Company has stored about the User. The User may, regardless of whether the data is incorrect, incomplete or irrelevant, have the data deleted in accordance with Swedish legislation. This may however affect the company’s ability to provide the Service.

The Company uses cookies for its Website and Service. According to the Electronic Communications Act, all those visiting a website with cookies shall be given access to information that the website contains cookies and the purpose of these. The User shall also be given the opportunity to consent to cookies being saved on the computer.
The company uses two types of cookie. Persistent cookies, which are a text file stored on your computer, and session cookies, which are only stored temporarily and disappear when the User shuts down the web browser. The company uses these two types of cookie to both optimize the functionality of the Website and Service and to be able to analyze statistics so that the company will be able to provide the best possible service and offers in its contact with the User. In order to be given access to the Service, it is necessary for the User to approve the Company’s cookies. By using the Service, the User consents to the Company using cookies in order to offer the Service and the best possible experience to the User.

GENERAL TERMS OF SERVICE

4/1/2018

1. GENERAL

1.1 By registering an account to use Comlink AB (the “Company’s”) service (“Service”), the user (the “User”) enters into a binding agreement (the “Agreement”) with the Company

1.2 The company’s customers and thereby users confirm by approving this Agreement that their end users of the Company’s Service give their consent in accordance with the Agreement.

1.3 The User confirms that he has read and understood the Agreement, accepts the Agreement and consents to being bound by it.

1.4 The Company and User are also referred to as the “Parties” or individually as a “Party” in the Agreement. The term “Third Party” refers to a party that is not a Party to this Agreement.

2. CONTACT DETAILS

2.1 If the User or Third Party has any questions regarding the Service, the Agreement or the terms below, the following contact information is used to contact the Company:

Comlink AB
Energigatan 10b
434 37 Kungsbacka

info@comlink.se
+46 (0)31-208600

3. BACKGROUND

3.1 Comlink Cloud is a Service for monitoring and administering the Company’s Products. The Service is primarily intended for companies that purchase and use the Company’s Products to connect machinery and other equipment online. The Service is used to both monitor and also remote-control connected equipment via WEB interface, APP, Telephone Calls and SMS.

3.2 The service is either used free of charge or charged as agreed with each individual User. The level of functionality of the service may be in relation to the cost.

3.3 In order to utilize the Service, it is necessary for the User to use a WEB browser.

3.4 The Service also includes updates and additions to the original version provided by the Company.

4. HANDLING OF PERSONAL DATA

4.1 See Annexes 1 and 2 to these General Terms, “Personal Data Policy” and “Personal Data Assistant Agreement”.

5. DATA SECURITY

5.1 The company uses the certificates according to the standard means used in the industry to deliver a secure connection when using the Service. The Company reserves the right to change existing certificates where the Company deems this appropriate.

5.2 The Company shall ensure that the handling of personal data takes place over an encrypted http connection and that the information is backed up in a secure manner.

6. THE COMPANY’S UNDERTAKINGS

6.1 The Company undertakes to provide the Service through the website and the Company’s Cloud service.

6.2 The Company shall strive to ensure the Service is available at all times. Any faults or problems in the Service are to be rectified on an ongoing basis by the Company in order to guarantee the User’s experience and use

6.3 The Company undertakes to perform regular maintenance and servicing of the Service.

7. THE COMPANY’S RIGHTS

7.1 The Company reserves the right to examine the User’s manner of handling and using the Service and to collect statistics on the use of the Service. The statistics provided through the Service belong to and are owned by the Company.

7.2 The Company reserves the right to change or interrupt the Service with or without warning in advance.

7.3 The Company is entitled, but not obliged, to delete the User’s Account and content (the “Content”) from the Service that the Company regards as illegal, offensive, threatening, defamatory, disparaging, obscene or objectionable in some other manner and which breaches any Party’s intellectual property rights or that could harm the Service’s reputation and/or credibility.

7.4 The definition of the content in accordance with section 8.3 constitutes the information available in the User’s account.

7.5 The Company reserves the right, but is not obliged, to lock the User’s Account once it has been inactive for a year. Where the User’s Account has been inactive for three years, it may be deleted.

7.6 The Company will inform the User of any change in the account status using the telephone number or e-mail address provided.

7.7 The Company reserves the right to close the User’s Account in accordance with point 13.2 where amended General Terms have not been accepted.

7.8 Where payment is delayed, the Company will be entitled to interest on late payment in accordance with the Interest Act. If the delay is greater than 30 days, the Company will be entitled to pause the Service temporarily.

8. THE USER’S UNDERTAKINGS

8.1 By entering into this Agreement, the User guarantees that he is competent to enter into the Agreement.

8.2 The term competent means that the User has reached sixteen (16) years of age and that the User has legal capacity in accordance with Swedish legislation.

8.3 The User must not use the Service in a manner that is contrary to good practice or Swedish and international legislation and regulations. The User is personally responsible for the content of the information stored in the User’s Account being up-to-date and correct.

8.4 The User must not use the Service for illegal activity. The Service must not be used to distribute unwanted e-mails (junk mail) or other harmful content such as viruses or masks.

8.5 The User must not use the Service to obtain access to unauthorized information.

8.6 The User must not search for or look for weaknesses in the Service in order to utilize these in this way, to obtain information not published for official purposes, or use, sell on or store this information regarding the Company’s Products, Services, Users and other non-public information belonging to the Company.

8.7 The Company is not responsible for information published by the User via the Website. The User owns all Content and all information the User publishes on the Website.

8.8 Material published by the User must not:

– Offend, threaten or slander other persons or encroach on the private lives of other people.

– Encourage or constitute a criminal act.

– Constitute illegal descriptions of violence, pornography or incite racial hatred.
Involve the spreading of computer viruses, malicious codes or spam.
Contain questions about or the distribution of pirate copies, the selling of stolen goods, offers or gifts for sexual services, pyramid schemes etc.

– Constitute inappropriate marketing or be otherwise contrary to the provisions in the Marketing Act.

– Be in contravention of the duty of the duty of confidentiality.

– Be contrary to copyright rules.

9. THE USER’S RIGHTS

9.1 The User is entitled to request information about the Company’s handling of the User’s personal data. If the User’s information is incorrect and/or incomplete, the data shall be corrected or deleted at the request of the User. The User is also entitled to a copy of the data processed by the Company.

9.2 The User is entitled to the Company’s contact details and, if a Third Party has access to the data, also contact details for the Third Party. Where automated decision making occurs, the User shall be informed of this.

9.3 The User is entitled to information about the time for which the data will be stored and the purpose of the Company processing the data. The User is also entitled to withdraw his consent to the processing of the personal data by terminating the Service in accordance with point 13.3.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 The Company owns all intellectual property rights to the Service, including, but not limited to, design, art, functionality and documentation. The User may not copy, modify or reconstruct any part of the Service.

10.2 The User approves the Company obtaining and using statistics from Third Parties and others where necessary for the purpose of improving the service.

10.3 The Company and the User undertake to respect a Third Party’s intellectual property rights and property. If the User believes his work has been copied or infringed in a way that constitutes an encroachment of his intellectual property rights, the User should inform the company of this within a reasonable period of time. The Company must make a decision on whether to shut down the Account reported.

11. THE PERIOD OF THE AGREEMENT AND TERMINATION OF THE AGREEMENT

11.1 The agreement applies from and including the date the User has registered an account and will apply until further notice.

11.2 The Agreement will however cease when;

11.3 The User’s account is deleted by any of the Parties,

11.4 The User’s account is locked by the Company due to the User’s inactivity over a one (1) year period or entirely deleted over a three (3) year period, see also point 8.4, or
Where the User has not accepted changed terms for this Agreement and a deadline of thirty (30) days has expired since the changed terms were sent out by e-mail, communicated via the service or Website or made available to the User in some other manner.

11.5 When the account is terminated, the Content regarding Personal Data on the account is also deleted, see Appendix 1 “Personal Data Policy”.

11.6 Changes and additions to the Agreement are accepted by the User in accordance with point 1.1 and replace the previous version.

12. BREACH OF CONTRACT AND DAMAGES

12.1 If a Party breaches any of the terms in this Agreement, a breach of contract will exist.

12.2 Where there is a breach of contract, the Party causing the damages shall directly compensate the damages the injured party suffers.

12.3 A breach of contract on the part of the User may result in the User’s account being deleted with immediate effect.

13. FORCE MAJEURE

13.1 If a Party’s fulfillment of his undertakings under the Agreement are materially obstructed or made difficult by a circumstance beyond a Party’s control, such as, but not limited to, legal enactments, attrition, natural disasters, war or provisions by the authorities the consequences of which could not reasonably be avoided or prevented by a Party, this shall constitute grounds for exemption from liability for delays, damages and/or other sanctions.

14. LIMITATION OF LIABILITY

14.1 This agreement only regulates the relationship between the Company and its Users.

14.2 The Company is not responsible for any damages or losses resulting from the Service transferring information over unencrypted networks, such as e-mail.

14.3 The Company is not responsible for any damages or losses resulting from unauthorized access to the account as a result of the User’s actions.

14.4 Access to the Service may be temporarily limited as a result of technical improvements or maintenance work. The Company will work towards these interruptions being as short as possible.

14.5 The Company is not responsible under any circumstances for the User’s loss of profits, income, savings, goodwill or other losses due to operational interruptions, loss of data, any liability for Compensation on the part of the User to a Third Party or indirect damages or consequential damages.

14.6 The Company’s collective and total responsibility shall not exceed one Price Base Amount in any case.

14.7 The Company will not issue any guarantees for the Service beyond what is stated in these General Terms.

15. TRANSFER TO A THIRD PARTY

15.1 The User’s rights and obligations under this Agreement are personal and must not be transferred to a Third Party. The Company is entitled to transfer all or elements of its rights and obligations under this Agreement to a Third Party. The Company is also entitled to engage subsuppliers, advisors and other experts to fulfill its obligations in accordance with this Agreement and in order to provide the Service in general. In accordance with point 10 of the Agreement, the User will have the same rights in respect to a Third Party with regard to the processing of personal data.

16. INVALIDITY OF THE TERMS

16.1 In the event of any terms in this Agreement or parts thereof being found to be invalid, this shall not lead to the Agreement being invalid in its entirety. The Parties undertake to attempt to reach a compromise as far as possible with regard to the invalidity of terms. If a Party disagrees on the matter and a compromise cannot be reached, point 19 will apply.

17. DISPUTES AND INTERPRETATION

17.1 This Agreement and any special terms attributable to the Service shall be interpreted and regulated in accordance with Swedish law.

17.2 Disputes resulting from this Agreement or any special terms attributable to the Service shall be decided through arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Gothenburg. The language to be used shall be Swedish.

17.3 The arbitration proceedings and all information that emerges or is exchanged during the proceedings, as well as every decision or arbitration announced during the proceedings, shall be dealt with confidentially and must not be disclosed to a Third Party without the other party’s express consent. A Party shall however not be prevented from disclosing such information in order to assert his rights in relation to the other Party or an insurer or if the Party is obliged to disclose the information in accordance with binding legislation, regulations or stock exchange regulations.

18. FULL REGULATION

18.1 The general terms in this agreement constitute the entire Agreement between the User and the Company and replace all previous agreements, written or verbal, between the User and the Company concerning the Product and/or Service.

GENERAL TERMS PERTAINING TO PRODUCT

4/1/2018

1. GENERAL

1.1 These general terms (“The Agreement”) apply when purchasing products from Comlink AB (“The Company”) which are then delivered to the costumer (“The User”). The Agreement pertains to products manufactured and produced by the Company (“The Product”). The Agreement consists of this document and the associated Personal Data Policy.

1.2 The Company’s customers and thereby users confirm, by accepting this Agreement, that their end users of the Company’s Product give their consent in accordance with the Agreement.

1. 3 With reference to this Agreement, and as long as the Agreement is considered valid, the Company grants The User the right to use the product and the associated brands.

1.4 The User confirms that he has read and understood the Agreement, accepts the Agreement and consents to being bound by it.

1.5 The Company and User are also referred to as the “Parties” or individually as a “Party” in the Agreement.

2.CONTACT DETAILS

2.1 If the User or third parties have any questions regarding the Product, the Agreement or the terms below, the following contact information is used to contact the Company.

Comlink AB
Energigatan 10b
434 37 Kungsbacka

info@comlink.se
+46 (0)31-208600

3. HANDLING OF PERSONAL DATA

3.1 See Annex 1 to these general terms, “Personal Data Policy”.

3.2 The Company shall ensure that the handling of personal data takes place over an encrypted http connection and that the information is backed up in a secure manner.

4. OBLIGATIONS

4.1 By entering into this Agreement, the User guarantees that he is authorized to enter into the Agreement.

4.2 The term authorized means that the User has reached sixteen (16) years of age and that the User has legal capacity in accordance with Swedish legislation.

4.3 Each Party is responsible for their individual costs that may result from the implementation of this Agreement, unless the parties specifically agree to a different arrangement.

4.4 The User who is to sell and distribute the Product shall follow the instructions dictated by product descriptions and those stated regarding marketing and retailing.

4.5 Users shall provide the Company with sufficient information and partake in the purchase in accordance with the requirements for fulfilling the conditions in this Agreement.

4.6 The User is responsible for ensuring that the Product is installed and performance tested in accordance with the Company’s instructions. The Company is not liable for damages caused by incorrect installation.

5. THE COMPANY’S RESPONSIBILITIES

5.1 The Company is responsible for correcting any manufacturing errors as well as repairing faulty products, or replacing them with a new product. This responsibility applies for the duration of the warranty as stated in point 9 of the Agreement.

5.2 The User is entitled to the Company’s contact details and, if a Third Party has access to the data, also contact details for the Third Party. Where automated decision making occurs, the User shall be informed of this.

6. PAYMENT

6.1 Payment will be made in accordance with the received invoice. The invoice shall be paid in such a manner that the amount charged is available on the Company’s bank account no later than 30 days after the date of the invoice.

6.2 Complaints regarding errors on the invoice must be presented by the payment date. If no complaint has been presented by said date, the User cannot validate the error.

6.3 Where payment is delayed, the Company will be entitled to interest on late payment in accordance with the Interest Act (1975:635).

6.4 The current prices for the Company’s Products will be presented by the Company as per the agreement with the User. The Company has the right to modify prices without prior notice.

7. DELIVERY

7.1 The Company, in accordance with these general terms, pledges to deliver products as commissioned by the User. The delivery time will be specified by the Company on the order confirmation.

7.2 The Company is not liable for any delays in the delivery process, regardless of whether the delay is due to a delay on the part of the carrier or any other circumstance.

8. TERM OF AGREEMENT

8.1 By making a purchase from the Company, the User accepts these general terms. The Agreement enters into force when the User has paid the first invoice and the amount charged is present in the Company’s bank account. The Agreement is in effect from thereon.

8.2 The Agreement may be terminated by either party with a 12 month notice period. This agreement remains in effect during the notice period. Termination must be done in writing.

9. COMPLAINTS AND WARRANTY

9.1 Upon receiving the Product, the User shall check its status. If the Product is faulty, the User is to inform the Company immediately. If the User does not make a complaint within 30 days of coming into possession of the Product, they lose the right to make a claim regarding the fault.

9.2 Transport damage should be reported to the carrier as well as the Company on the day of arrival.

9.3 The Company is liable for manufacturing defects that arise within the 1 year warranty period, provided it is not evident that the defect has been caused by the User or anything on their part.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 The Company owns all intellectual property rights to the Product, including, but not limited to, design, art, functionality and documentation. The User may not copy, modify or reconstruct any part of the Product.

10.2 The User gives their approval to the Company obtaining and using statistics from Third Parties and others where necessary for the purpose of improving the Product.

10.3 The Company and the User undertake to respect the intellectual property rights and property of Third Parties. If the User’s work has been copied or infringed in a way that constitutes an encroachment of his intellectual property rights, the User should inform the Company of this within a reasonable period of time.

11. CONFIDENTIALITY

11.1 The Parties undertake to not reveal information to an outside party that the Parties have received from the other Party and that is of a nature which could be regarded as a Party’s business secret. This applies while the Agreement is in effect and afterwards. Each Party shall also take the appropriate measures to ensure that such business secrets are not revealed to an outside party. A Party’s business secrets refers to information that has not been made public by the Party itself or been made public by the other Party by breaching this Agreement.

11.2 In instances where the Company is mandated by law to disclose information, the User is considered to have given consent to this information being disclosed. Such information may include, but is not limited to, charged amounts to taxation authorities.

12. BREACH OF CONTRACT AND DAMAGES

12.1 If either Party breaches the terms of this Agreement in a significant manner, the other Party has the right to terminate the Agreement immediately. The aggrieved Party shall receive an appropriate sum in damages from the other Party based on circumstances arising due to the breach of terms.

12.2 If the Company decides to shut down its business, default, or go into bankruptcy, this Agreement will be terminated immediately. Damages as a result of this will not be paid to the User.

12.3 Where there is a breach of contract, the Party that caused the damages shall provide direct compensation for any damages caused to the aggrieved.

13. FORCE MAJEURE

13.1 If a Party’s fulfillment of his undertakings under the Agreement are materially obstructed or made difficult by a circumstance beyond a Party’s control, such as, but not limited to, legal enactments, staff departures, labor disputes, natural disasters, war or provisions by the authorities the consequences of which could not reasonably be avoided or prevented by a Party, this shall constitute grounds for exemption from liability for delays, damages and/or other sanctions.

14. LIMITATION OF LIABILITY

14.1 This Agreement only regulates the relationship between the Company and its Users.

14.2 The Company is not in any circumstances responsible for the User’s loss of profits, income, savings, goodwill or other losses due to operational interruptions, loss of data, any liability for Compensation on the part of the User to a Third Party or indirect damages or consequential damages.

14.3 The User shall not hold the Company responsible for any damages caused by a Third Party, due to defects in the Product caused by an incorrect installation, insufficient performance testing and/or any event that is beyond the Company’s control.

14.4 The Company’s collective and total responsibility shall not exceed one price base amount in any case.

14.5 The Company will not issue any guarantees for the Product beyond what is stated in these General Terms.

15. TRANSFER TO A THIRD PARTY

15.1 The User’s rights and obligations under this Agreement are personal and must not be transferred to a Third Party. The Company is entitled to transfer all of, or elements of, its rights and obligations under this Agreement to a Third Party. The Company is also entitled to engage subcontractors, advisors and other experts in order to fulfill its obligations in accordance with this Agreement.

16. INVALIDITY OF THE TERMS

16.1 In the event of any terms in this Agreement or parts thereof being found to be invalid, this shall not lead to the Agreement being invalid in its entirety. The Parties undertake to attempt to reach a compromise as far as possible with regard to the invalidity of terms. If a Party disagrees on the matter and a compromise cannot be reached, point 17 will apply.

17. DISPUTES AND INTERPRETATION

17.1 This Agreement and any special terms attributable to the Product shall be interpreted and regulated in accordance with Swedish law.

17.2 Disputes resulting from this Agreement or any special terms attributable to the Product shall be decided through arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Gothenburg. The language to be used shall be Swedish.

17.3 The arbitration proceedings and all information that emerges or is exchanged during the proceedings, as well as every decision or arbitration announced during the proceedings, shall be dealt with confidentially and must not be disclosed to a Third Party without the other party’s express consent. A Party shall however not be prevented from disclosing such information in order to assert his rights in relation to the other Party or an insurer or if the Party is obliged to disclose the information in accordance with binding legislation, regulations or stock exchange regulations.

18. FULL REGULATION

18.1 The general terms in this agreement constitute the entire Agreement between the User and the Company and replace all previous agreements, written or verbal, between the User and the Company concerning the Product.