1. General
These terms and conditions apply to agreements between Byggdagboken Sverige AB, reg. no. 556745-3112 (“Byggdagboken”), and the customer regarding the services provided as specified in the order confirmation concerning the services and number of users (the “Service”) that Byggdagboken has issued to the customer.
2. Service agreement
An agreement (the “Agreement”) regarding the Service between Byggdagboken and the Customer shall be deemed concluded when the customer has approved the order confirmation, pays the invoice relating to the Service to Byggdagboken, logs in to the Service, or otherwise begins to use or in any other way approves the Service.
3. Expansion and upgrade of the Service
During the term of the Agreement, the Customer may choose to increase the number of users or upgrade the Service to one of the alternative services provided by Byggdagboken, provided that the Customer pays an amount corresponding to the additional costs for the upgraded Service for the remaining term of the Agreement.
If the customer chooses to increase the number of users compared to what is stated in the order confirmation, the customer will be charged for these additional users from the time the customer, with the new usernames and passwords, gained access to the Service.
4. Price and payment
The price for the Service is based on the number of users selected by the customer. A user means each unique username with password that the Customer has received in order to access the Service. Each individual who is to use the Service must have their own username and password.
Payment for the Service shall be made annually in advance after approval of the order confirmation and against invoice with a payment term of 20 days.
If the Customer chooses to receive monthly/quarterly invoicing and pay monthly/quarterly in advance, Byggdagboken is entitled to charge a surcharge of 10%, calculated on the price for the Service according to the order confirmation, and in the event of expansion and upgrade of the Service according to the price of the expanded and/or upgraded Service.
A notification fee of SEK 50 will be charged.
Regardless of the reason why the Customer does not pay on time, Byggdagboken is entitled to withhold its performance.
In the event of late payment, default interest shall be charged in accordance with Section 6 of the Interest Act (1975:635).
5. Privacy Policy
Byggdagboken processes personal data in accordance with the General Data Protection Regulation (GDPR). Byggdagboken processes personal data to identify customers and users, to manage and deliver orders in accordance with the Agreement, and to provide the Service. Byggdagboken also processes personal data to charge for the Services, for invoicing and payments, to remedy errors and manage other incidents, and to handle complaints and claims. More information about how we use personal data and data is available on our website*.
6. Swedish law & GDPR
By approving the Agreement, the Customer agrees to comply with Swedish legislation and Byggdagboken’s Privacy Policy*.
7. Term and termination
The Agreement applies from the date the Agreement is concluded and remains in force for a term of 12 months thereafter (the “Term”). If the Agreement is not terminated in writing by the Customer to uppsagning@byggdagboken.se no later than 3 months before the end of the Term, the Term will be extended by 12 months at a time, with three months’ notice of termination.
Byggdagboken is entitled to terminate the Agreement with immediate effect and receive payment for the remaining Term if the Customer:
a) commits a material breach of contract; or
b) suspends its payments, initiates negotiations for a settlement with its creditors, becomes subject to a bankruptcy petition, submits an application for corporate reorganisation or composition or similar, enters into liquidation, or an administrator is appointed in respect of all or part of the Party’s assets.
If the Customer chooses to increase the number of users and/or upgrade the Service during the Term, these additional users and the upgraded Service shall be covered by the agreed ongoing Term.
If the Customer chooses to terminate or otherwise end the Agreement before the ongoing Term has expired, the Customer is obliged to pay for the remaining part of the Term.
8. Installation and use of the Services
Byggdagboken’s system and all data are stored centrally on a server. No data is installed or stored at the Customer’s premises other than temporarily and/or to the extent necessary.
9. Copyright
Byggdagboken owns all copyrights to the Services and associated systems, or alternatively has permission to use third-party copyrights to the extent required.
10. Assignment
The Customer is not entitled, without Byggdagboken’s written consent, to assign or pledge, in whole or in part, its rights or obligations under the Agreement to a third party, or otherwise grant a third party access to the Service provided by Byggdagboken.
11. Changes and additions
Byggdagboken is entitled to amend the terms of these general terms and conditions and the prices for the Service applicable from time to time.
12. Index adjustment
The agreed amount shall be adjusted annually as of 1 January based on the ratio between the index figures for the comparison months September (AKI) and October (ITPI) of the previous year and the index for the base month February 2008.
13. Limitation of liability
Byggdagboken is not liable for errors, interruptions, or operational disruptions of the Service, meaning, for example, that the customer does not gain access to the Service or the add-on services, due to external circumstances beyond Byggdagboken’s control. Such circumstances may include, for example (but not limited to), hardware or software problems or power or internet outages.
No compensation will be paid to the Customer in the event of such interruptions.
Byggdagboken is not liable for any personal injury, property damage, or financial loss arising, directly or indirectly, in connection with the use of the Service.
Any compensation to which the Customer is entitled from Byggdagboken may never, regardless of the basis for the right to compensation, exceed the fee paid by the Customer.
14. Force majeure
Byggdagboken shall be exempt from liability for failure to fulfil its obligations under the Agreement if such failure is due to circumstances beyond Byggdagboken’s control and which Byggdagboken could not or reasonably should not have foreseen at the time the Agreement was entered into, such as war, civil war, fire, flooding, interruption of public communications, interruption of the public energy supply, or comparable circumstances.
When Byggdagboken suspends its obligations pursuant to the first paragraph, the time for performance shall be extended by the period caused by the circumstance.
15. Dispute
Any dispute regarding this Agreement shall primarily be resolved through mediation by representatives appointed by the parties. If the parties do not reach an agreement, the dispute shall be finally settled by a Swedish court with the application of Swedish law.
byggdagboken.se/privacy-policy
