TERMS AND CONDITIONS OF THE AGREEMENT
Webbfabriken’s general agreement replaces all previous agreements.
New for the agreement is that we now do not apply open purchase.
Valid from 2020-01-01
These terms refer to your order and use of “Products” and “Services” offered by Webbfabriken Ltd, Tryffelslingan 12, 18157 Lidingö, Sweden, org-nr. SE51640533070 (“Webbfabriken”), on or via webbfabriken.com and other websites belonging to Webbfabriken, unless another written agreement has been entered into with Webbfabriken.
The customer may be a legal or adult natural person. Customers may not lease or transfer parts of the Products or Services to anyone else without Webbfabriken’s consent. Customers may delegate operation and updates of websites, etc. to any other natural or legal person, but this does not limit Customer’s liability under this agreement.
The content of the Services is specified in a separate letter, e-mail, or website, for example as an order confirmation/invoice and on Webbfabriken’s other websites. Updates to the content of Services and Products are free of charge for existing customers unless otherwise agreed via, for example, a maintenance agreement or order. Expansion of functions or other adaptations of Services/Products is ordered from Webbfabriken via the usual order.
Webbfabriken provides free support via e-mail, telephone, and information on Webbfabriken’s websites.
All of the web factory’s IT systems are located in secure spaces in Sweden. No services are outside Sweden’s borders other than the services for which Webbfabriken is a reseller. Examples of these foreign services are Microsoft and Online Backup Company.
TERM AND TERMINATION
The agreement begins when the Customer receives a confirmation of an order and runs the time for which payment is made or the time frame of the agreement unless otherwise agreed.
Webbfabriken applies, where possible, the Distance and Home Sales Act (SFS 2005: 59), which means that the Customer has the right to cancel the agreement within 14 days from the date the order is placed. The right of withdrawal applies to some of Webbfabriken’s services where it is technically or financially possible and is not associated with a cost for Webbfabriken. Examples are services Webbfabriken is a reseller for.
Webbfabriken does not apply open purchase.
Any right of withdrawal or open purchase is not applied to the purchase of services or products that are not Webbfabriken’s (3rd party, ordered goods, or per manufacture). Examples of this are ordering domain names, SSL certificates, and program licenses or other costs Webbfabriken may incur as a result of the Customer’s order.
Webbfabriken applies a 3-month binding period unless otherwise agreed. Agreements can be terminated at any time without any reason. After termination, any files stored via Webbfabriken’s services and products are saved for another 1 week, after which they are deleted and cannot be recreated. Other binding time for e.g. services Webbfabriken is a reseller for applies. An example of this is Microsoft Office 365, which always has a 12-month lock-in period.
The notice period is normally 0 days and the customer is free to transfer his service to another provider at any time. However, this should be done by agreement and in a way that suits both parties best. NOTE! that the notice period only applies to Webbfabriken’s own services, not services Webbfabriken is a reseller for e.g. Microsoft, F-Secure, HP, IBM, Lenovo, CrashPlan, KeepIT Safe and domains.
To terminate an agreement, contact Webbfabriken’s customer service via telephone, e-mail, or contact form via the website. Termination is also considered to have taken place if the Customer does not pay the invoice for a new contract period and after at least 2 reminders. All overdue invoices are then forwarded for collection and the account is closed immediately. Any additional costs Webbfabriken may be invoiced extra due to forced termination and goes to debt collection.
Termination and termination during the current contract period will not be refunded.
When ordering a Domain Name and after payment has been made by the Customer, Webbfabriken carries out a corresponding order from a supplier for domain management, for example, SE Direkt, Domaininfo, NameISP or other companies Webbfabriken is a reseller for.
Customer is responsible for any infringement of third party rights or if they otherwise violate Swedish law. Webbfabriken cooperates with Swedish authorities and follows the guidelines and rules they set up, which also includes the duty to report.
Webbfabriken is not responsible for any damage that may occur as a result of the ordered domain name being taken up or being taken up before the order is carried out by the supplier.
The fee paid for domain order is not refunded and neither is any administrative cost.
The Customer pays for the Services and Products in the form of an advance invoice. Payment terms are 10 days net and are made via Bankgiro or bank transfer.
Webbfabriken has the right to charge a fee for payment reminders. Interest on arrears is charged according to normal and current interest on arrears.
If payment is not made despite at least 2 reminders, the Services and Products will be terminated and quarantined. After 2 weeks, all information is removed without further notice and accrued costs are invoiced via debt collection or the bailiff.
If an invoice is considered incorrect, the Customer must notify this as soon as possible, but no later than within 5 days. Webbfabriken applies customary practice if and when a Customer has objected to an invoice. This means that the Customer must have stated a factual basis against the invoice and directly pay the amount that the Customer does not object to.
Changes to fees are announced via our website or by e-mail and take effect in connection with a new agreement period.
Temporary promotional prices or other special discounts do not affect ongoing agreements. Ongoing agreements can not be changed at e.g. promotions for services where the price is lower than ongoing agreements.
Transfers of Webbfabriken’s Services and Products are only permitted with the consent of Webbfabriken. The incoming customer takes over the outgoing customer’s all payment obligations and obligations in the agreement entered into. Any costs for Webbfabriken will be invoiced to the Incoming Customer.
Webbfabriken may completely transfer its obligations and rights under this agreement to another company.
The information handled and stored by the Customer on Webbfabriken’s system is not normally controlled by Webbfabriken and Webbfabriken is thus not responsible for the information, nor for direct or indirect damages that arise as a result of the Customer’s actions. Webbfabriken is also not responsible for the Customer’s possible liability obligations towards third parties. Webbfabriken is not responsible for data loss or other damage caused by viruses, unauthorized intrusion, unauthorized influence, or other damage to the information stored on Webbfabriken’s servers.
Webbfabriken does not guarantee access to data on the Customer’s website or equivalent system, nor loss of data even if the damage was caused by Webbfabriken directly or by faulty/broken systems. Customers can not claim compensation for the damage that may have occurred.
Information that is stored or handled on Webbfabriken’s system may be checked during routine checks or security audits and when offenses can be detected, this is reported directly to the responsible authority such as the Police, Säpo, BRO or the County Administrative Board.
Security checks are performed regularly on all Webbfabriken’s systems without the Customer being notified in advance. If Webbfabriken is hindered in its exercise of security controls, the Customer is notified and must immediately assist Webbfabriken. If this is also prevented or denied, the Customer’s account is terminated immediately and quarantined. Thereafter, a mandatory check of all information and data is performed. If a violation of Swedish law is detected, this is reported to the responsible authority. Any costs for Webbfabriken will be invoiced to the customer.
The customer is responsible for ensuring that the correct contact information is available at Webbfabriken. Webbfabriken is not responsible for damages and problems that have arisen due to Webbfabriken having incorrect contact information or that the Customer does not immediately receive Webbfabriken’s message.
The customer is obliged to read and understand General Agreements and other Agreements that may form the basis for ordering a Service or Product. The customer is also obliged to keep up to date with Webbfabriken’s agreement and website to take note of changes or other announcements that may be important for Customers to know.
The customer is responsible for the secure handling of sensitive information such as usernames, passwords, and encryption keys. If there is a suspicion that this information may have been leaked, Webbfabriken must be informed immediately.
Customer is responsible for ensuring that its information handled by Webbfabriken’s system does not infringe on third party rights or in any other way violate Swedish or international law or cause serious damage or are manifestly unjustifiable from an ethical point of view.
Customers must comply with Webbfabriken’s contract terms and not use Services and Products in any other way than intended. Webbfabriken itself decides when the limit for illegal or manifestly unsound activity/content is exceeded and what are reasonable measures to guarantee and maintain high security on Webbfabriken’s systems and services. The customer is responsible for directly removing all information that Webbfabriken does not consider acceptable or violates the Terms of Agreement or Swedish and international law.
Webbfabriken has the right to delete or move information in the event of troubleshooting or suspicion of a crime. This also applies if the information indirectly constitutes or may constitute damage to Webbfabriken, such as congestion attacks, viruses, attacks from outsiders, SQL injection attacks, and the like.
The agreement may be terminated by Webbfabriken if the Customer violates the terms that apply in this agreement. Before termination takes place, the Customer is notified of this and the Customer is given a reasonable time to make a correction, however, for a maximum of 5 days. In cases where the information or content gives rise to congestion, security problems, or in any way threatens the function of other customers in the shared server environment, Webbfabriken may close or restrict the Customer’s service without prior notice.
If the Customer breaches this agreement, the Customer is not entitled to a refund or other compensation and expenses. The customer is also liable for damages against Webbfabriken to the extent that applies in accordance with Swedish law and law.
Personal data is processed and handled in accordance with the Personal Data Act. Personal data is not disclosed to third parties. Exceptions to this are where it is necessary, for example, to be able to complete order when purchasing a domain name, if the Customer has violated the terms of this agreement or if the authority requests this with the support of Swedish or foreign legislation. Webbfabriken takes appropriate technical and organizational measures to protect and secure the Customer’s personal data. All paper information, other than that required for accounting and registration, is shredded in a classified document shredder.
The parties to this agreement shall be released from damages and other penalties if the performance of the agreement is hindered or made more difficult. These may be sanctions that one Party has not been able to control, such as war, government intervention, burglary, seizures, general restrictions, labor disputes, accidents, environmental disasters, natural disasters, changes in the law, transport or weather conditions, non-compliance, restrictions on electricity and energy supply, partners and suppliers or other sanctions that could not have been foreseen or avoided. Webbfabriken and the customer have the right to withdraw from the agreement if any of the above obstacles have existed and prevented the implementation of an agreement for longer than 20 days.
Webbfabriken has the right to make changes to the terms of this agreement and they enter into force upon publication of the agreement. Changes are made via updating the agreement on the website. Changes that directly affect the Customer are negatively notified by e-mail. Webbfabriken has no obligation to check that the Customer has read the updated agreement.
Disputes regarding the interpretation or application of this agreement primarily take place directly with the Customer and if a dispute still exists, the dispute shall be decided in a Swedish court and with the application of Swedish law. Interpretation and application of this agreement that affects the Swedish authority can not be disputed, nor can the parts of the agreement that handle the security of Webbfabriken and its systems. Webbfabriken does what it deems necessary to maintain an extremely high level of security and this cannot be disputed either in writing or with a Swedish court. It is also not possible in any way to hold Webbfabriken liable for damages that have to do with Webbfabriken’s security practices or to maintain the extremely high security for Webbfabriken and its customers.