Terms and Conditions

1. Definitions and Agreement Documents

1.1 Definitions

• We, us, our: Webbfabriken AB
• Customer: The legal or natural person who orders a service or product.
• Service: Web design, web development, operations, hosting, support, cloud services, security services and similar that we deliver.
• Third-party service: Product or service provided by another supplier than us, such as licenses, email services, backup, domain registrar, payment solutions or other cloud services.
• In writing: Email or digital signing. For certain orders, ordering via customer portal, order form or confirmation via email counts as written.

1.2 Agreement Documents and Priority

The agreement between the customer and us consists of the following documents in this order:

1. Special terms, SLA, data processing agreements, appendices or other express agreements approved by the parties.
2. Quote, order confirmation, subscription description or equivalent describing scope, price and delivery.
3. These general terms and any appendices referred to here.

In case of conflict, the documents apply in the order stated above.

1.3 Mandatory Law

These terms apply to the extent they do not conflict with mandatory law. If the customer is a consumer, mandatory consumer protection rules always apply.

2. Order, Delivery, Acceptance and Changes

2.1 Order

Orders are made through accepted quotes, order confirmation, ordering via form or other agreed channel.

2.2 Prerequisites and Customer Participation

The customer is responsible for providing materials, information, access, decisions and feedback needed for delivery in time. If the customer delays their participation, we have the right to adjust the schedule and charge additional costs that arise.

2.3 Delivery and Acceptance

Delivery is considered to have occurred when the service is made available according to agreement, for example when a website is published, a service is activated or a delivery is marked as complete.

Unless otherwise agreed, the customer shall submit written comments on errors or deviations within 10 days. If the customer does not respond within this time, the delivery is considered accepted. This does not affect rights under mandatory law.

2.4 What Constitutes a Defect

A defect means that the delivery significantly deviates from the agreed specification. Minor deviations that do not affect function or agreed purpose normally do not constitute defects.

2.5 Changes and Additions

Changes beyond agreed scope are handled as additions. We have the right to:

• Provide a new quote or time estimate
• Adjust the schedule
• Charge according to agreed hourly rate if fixed price is not agreed

2.6 Subcontractors

We may engage subcontractors to deliver all or parts of the service. We are responsible for our subcontractors in the same way as for our own staff.

3. Prices, Invoicing and Payment

3.1 Prices

Prices are stated in quotes, price lists or agreements. Unless otherwise stated, prices are exclusive of VAT.

3.2 Payment Terms

Payment terms are 10 days unless otherwise agreed. For projects, we may invoice in advance, per milestone, hourly, or according to a payment plan.

3.3 Late Payment

In case of late payment, we may charge:

• Reminder fee up to 60 SEK per reminder
• Default interest according to the Swedish Interest Act (räntelagen). For business customers (B2B), this may be supplemented by agreement.

3.4 Right to Pause or Suspend Service

In case of non-payment or material breach of contract, we have the right to pause ongoing work and/or temporarily suspend affected services until the problem is resolved. This may affect schedules and restart may require planning.

3.5 Price Adjustments

We may adjust prices for:

• Index and cost changes
• Changed taxes or fees
• Changed terms from third-party suppliers
• Significantly changed scope

Price adjustments are communicated in advance.

4. Subscriptions, Binding Period and Termination

4.1 Types of Agreements

We can deliver:

• Our own services and agreements, such as web hosting, support and operations
• Third-party services where the supplier's terms apply, such as licenses and cloud services

4.2 Our Subscriptions

Unless otherwise agreed, the following applies to our own subscriptions:

• Monthly subscription: termination must be made at least 30 days before the next billing period
• Annual subscription: termination must be made at least 30 days before renewal

4.3 Termination Form

Termination must be made in writing via email to info@webbfabriken.com or via another agreed channel.

4.4 Consequences of Termination

When the agreement expires:

• Our obligation to provide the service ceases, after any notice periods
• The customer must pay outstanding amounts
• The customer is responsible for retrieving data, materials and content they want to keep in time

4.5 Data Retention and Handover

Unless otherwise agreed, we store customer data for up to 14 days after the service ends. After that, data may be deleted without possibility of recovery.

5. Customer Responsibility and Acceptable Use

5.1 General Responsibility

The customer is responsible for:

• Ensuring that information and materials provided are correct
• Ensuring that content, data and use are legal
• Having rights and licenses to materials the customer provides
• Keeping own copies of business-critical data unless otherwise agreed
• Following our instructions and security recommendations when reasonable

5.2 Accounts and Access

The customer is responsible for:

• Handling passwords and keys securely
• Using strong authentication where available
• Limiting administrator rights
• Immediately notifying us of suspected unauthorized access

5.3 Acceptable Use

The customer may not use our services for:

• Illegal content or activities
• Intrusion, malicious code, phishing or attempts to compromise systems
• Mass sending of spam or abuse of email services
• Activities that risk stability or security for other customers or our infrastructure

5.4 Actions in Case of Abuse

In case of suspected abuse, we have the right to limit, isolate or temporarily suspend affected parts of the service to protect the customer, other customers and our operations. We try to contact the customer as soon as reasonably possible.

6. Operations, Hosting and Operational Delivery

6.1 Availability and Service Windows

Unless otherwise agreed, services are delivered at "best effort" level for a smaller company with high operational reliability. Any guaranteed availability must be stated in SLA or special terms.

Planned maintenance may occur between 23:00-06:00. We try to inform in advance when reasonable.

6.2 Support

Support level, response times and contact method are stated in agreement or support description.

Regular support hours: Weekdays 09:00-17:00 and 09:00-13:00 the day before holidays.

6.3 Backup

If backup is included, scope, interval and retention are stated in agreement or service description. Unless otherwise agreed, backup is an additional protective measure and not a guarantee of full recovery in all situations.

The customer's responsibility to keep own copies always applies for business-critical data unless otherwise expressly agreed.

6.4 Security Updates

We may perform security updates and configuration changes necessary to keep the environment secure. Such measures may sometimes require restart or brief interruption.

7. Security Services

7.1 Purpose and Limitations

Security services aim to reduce risk and increase resilience. No security service can guarantee that intrusions, fraud or damage will never occur.

7.2 Customer's Security Responsibility

The customer is responsible for:

• Applying reasonable security routines
• Keeping accounts and access updated
• Enabling strong authentication where available
• Following our recommendations when reasonable

7.3 Incident Handling

In case of suspected incident, we may:

• Isolate systems or accounts
• Block traffic or access
• Take urgent measures to limit damage

We always try to inform the customer as soon as reasonably possible. The customer is responsible for internal decisions and communication, such as to their own customers, users or authorities, unless otherwise expressly agreed.

8. Intellectual Property Rights and Reference Rights

8.1 Customer's Material

The customer retains rights to material provided by the customer. The customer is responsible for having licenses and rights to the material.

8.2 Our Material and Tools

We retain rights to our methods, templates, tools, code libraries and general components that are not uniquely developed for the customer, unless otherwise agreed.

8.3 Delivered Code and Rights

Unless otherwise agreed, the customer receives a right of use to use delivered code and material for the intended purpose. Exact ownership and transfer may be regulated in the quote or special terms. Third-party components may be subject to their own licenses.

8.4 Reference Rights

We may use the customer's name, logo and a brief description of the assignment as a reference in our marketing. The customer may at any time request in writing that we stop using the reference, and we will remove it within reasonable time.

9. Personal Data and Data Processing Agreement

9.1 Roles

Depending on the service, we may be:

• Data controller for our own customer registers and billing
• Data processor when we process personal data on the customer's behalf, such as for operations, hosting, support or system administration

9.2 Data Processing Agreement

When we act as data processor, our Data Processing Agreement (DPA) applies. The DPA is an integral part of these terms and becomes binding when the customer orders and uses our services.

9.3 Customer's Responsibility

The customer is responsible for having a legal basis for their processing and for informing data subjects according to applicable regulations. The customer is also responsible for giving us instructions for processing when we are a processor.

9.4 Privacy Policy

Our privacy policy describes how we process personal data when we are data controllers. It is published on our website: Privacy Policy.

10. Third-Party Services

10.1 When Third-Party Services Are Included

Some deliveries are based on or include third-party products, such as licenses, email services, backup, cloud services, domain registers or other platforms.

10.2 Supplier Terms Apply

For third-party services, the supplier's own terms always apply, including rules on:

• Binding period and termination
• Upgrades and downgrades
• Migration, export or transfer
• Usage rules and policies

The customer accepts that supplier's rules may mean that a service cannot be terminated, moved or changed immediately even if the customer wishes.

Example: certain license programs and partner relationships may contain binding rules or restrictions for changing partners during a period. Such rules are governed by the supplier.

10.3 Our Role

Our role may be one or more of the following:

• Reseller and billing party
• Administrative partner handling licenses and settings
• Technical provider helping the customer use the service

10.4 Liability for Supplier Errors

We are not responsible for interruptions, errors, price changes or terms changes at the third-party supplier. We can help the customer communicate with the supplier or troubleshoot according to agreed support level.

10.5 Domain and DNS Services

Domain and DNS services may be provided by a third party that the customer chooses and where the customer is the contracting party. Such services are governed by the supplier's terms. We can assist with administration and changes on the customer's behalf.

11. Liability Limitations and Force Majeure

11.1 General Liability

We are responsible for delivering according to agreed scope and with professional care.

11.2 Limitations

We are not responsible for:

• Indirect damages, such as lost profit, lost revenue, lost goodwill or consequential damages
• Damages caused by the customer's material, instructions, configurations or use
• Deficiencies or interruptions at third-party suppliers or internet operators
• Security incidents caused by the customer's lacking security routines, compromised accounts or similar

11.3 Liability Cap

Our total liability for damages during a 12-month period is limited to the lower of:

• For recurring services (hosting, subscriptions): fees paid for the last 3 months
• For project work: the total project value

The liability cap does not apply to the extent liability may not be limited according to mandatory law, or if we acted intentionally or with gross negligence.

11.4 Force Majeure

We are exempt from liability for failure to fulfill our obligations if the cause is beyond our reasonable control, such as natural disaster, fire, war, government decisions, extensive operational disruption at supplier, sabotage, strike, pandemic or similar event.

If force majeure lasts longer than 60 days, either party has the right to terminate the affected part of the agreement.

12. Applicable Law and Disputes

12.1 Applicable Law

Swedish law shall apply to the agreement.

12.2 Dispute Resolution for Companies

Disputes between us and customers who are companies shall primarily be resolved through negotiation. If the parties cannot agree, the dispute shall be decided by a general court with Blekinge District Court as the first instance, unless otherwise agreed.

12.3 Consumers

If the customer is a consumer, mandatory consumer protection rules apply. The consumer may have the right to have the dispute examined by the Swedish National Board for Consumer Disputes (ARN) if the conditions for examination are met.

12.4 Contact in Case of Dispute

We want to resolve issues quickly and smoothly. Contact us at info@webbfabriken.com and we will try to sort it out.

13. Right to Refuse Customer or Assignment

We want to be clear that as a supplier we may need to decline assignments or orders to protect our operations, our customers and our business. We apply this in an objective and non-discriminatory manner.

13.1 Right to Decline Before Agreement

We reserve the right to decline an assignment, an order or a quote request if there are objective reasons, for example:

• Capacity shortage or that the assignment is outside our competence or processes
• Credit risk or previous payment problems
• Suspicion that the service may be used for spam, phishing, malicious code, intrusion or other illegal activities
• The order violates law, regulatory requirements or third-party terms
• The assignment poses unacceptable risk to our operations or other customers

13.2 If Agreement Already Exists

When an agreement has already been entered into, termination, suspension or shutdown applies according to the agreement and our general terms. We cannot unilaterally refuse delivery without following the rules that apply for the contract period, except in situations where law or contract terms give us the right to act promptly to protect operations and security.

13.3 Non-discrimination

We do not decline assignments on grounds that violate applicable anti-discrimination legislation. Our decisions are based on objective reasons related to risk, capacity, legality and compliance.

13.4 Communication

If we decline, we try, when reasonable, to provide a brief objective explanation. In some cases, we may refrain from providing details for security reasons.

14. Errors and Remedies - Own Services vs Third-Party

14.1 Remedies for Errors in Our Services

If an error occurs in a service that we deliver and are responsible for, we have the right to primarily remedy the error within reasonable time. If remedy is not possible or does not occur within reasonable time, a price reduction may be applicable. Cancellation can only be applicable if the error is material and we cannot remedy it, or if mandatory law requires it.

14.2 Errors in Third-Party Services

For third-party services, such as Microsoft 365 and other suppliers' products or services, we are not responsible for errors, interruptions, limitations or changes caused by the supplier or the supplier's platform. Such errors are handled according to the respective supplier's terms and procedures.

We can assist with troubleshooting, contact with the supplier and administration according to agreed support level and billing.

14.3 Combined Delivery and Responsibility Distribution

When a delivery consists of both our services and third-party services, we are only responsible for the part that we control and deliver. If an error is wholly or partly due to a third-party service, our obligation to remedy may be limited to actions in our part, such as configuration, advice and documented changes that we have performed.

15. Backup, Retention and Accounting Data

15.1 Backup for Web Hosting

For web hosting, we may take backups as a protective measure. Unless otherwise agreed, the following applies:

• Backups are stored for up to 7 days.
• Backup is an extra protective measure and is not a guarantee of full restoration in all situations.
• Restoration may require manual work and may be charged if not included in the agreed level.

15.2 Retention at Termination

When a service is terminated, customer data may be deleted after the retention period specified in the agreement or in these terms.

Note that backup copies may remain in rotating backup during the specified backup period even if the service has been terminated.

For third-party services, the supplier's own retention and backup rules apply. Our retention and backup terms only apply to the parts we operate and control ourselves.

15.3 Accounting Data

Data that must be stored according to accounting legislation is stored for 7 years, or the longer period required by law. This applies even if the customer terminates the agreement.

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