–
1 Introduction
The following Terms and Conditions have been established by SUPEReROI AB (the Company) with VAT number SE559335477101 hereinafter referred to as “the Company” and this version of the agreement is valid from 2022-03-22. Counterparty to this agreement is hereinafter referred to as “End Customer”. The terms regulate how company information can be used and include rules regarding delivery and file transfer, access, storage and deletion. The conditions apply to target group selection, register maintenance, notifications, loading of own registers before supplementing company information or as a stop file in order to exclude certain companies from a selection and API solutions where integration with the end user’s own business system is linked to databases containing company information.
For other issues, which are not dealt with in this agreement, SWEDMA’s General Delivery Terms apply.
2 Delivery and file transfers, access, storage and deletion
All file transfer between the parties shall take place via the secure file areas. The company alternatively provides the method agreed upon by the parties. Alternative delivery methods must maintain a high level of security with regard to the possibility of access by unauthorized or third parties.
Access to delivery from the Company shall only be given to authorized personnel internally within the organization to which the delivery is made. An exception is any party who is to assist in the execution of the end customer’s campaign such as printing before sending marketing material. The information may not be disseminated or passed on to third parties. Exchange, resale or use of a party other than the End Customer is therefore not permitted.
Delivered information must be stored securely with prevented access
from unauthorized internal personnel or external third parties. The end customer must ensure that information is not stored longer than necessary and comply with the GDPR and marketing laws.
3 Right of use and source statement
The end customer has the right to use the delivered company information and is fully responsible for all use after the time of purchase.
The source in connection with marketing activities must be stated to be “The Company”. End customers are obliged to distinguish between different sources and the Company may under no circumstances be used as a source for company information which has not been provided by the Company.
4 Marketing via e-mail and direct telephone number
A recipient must have clear information about the sender and how to avoid receiving more offers from the End Customer, so-called opt-out. The communication must always have a relevant message for the addressee and must not be addressed to the recipient personally. The messages must thus be company-adapted and not consumer-adapted.
Communication via SMS must contain the usual STOP function containing telephone numbers for opt-out / opt-out.
The end customer is otherwise obliged to act in accordance with the Marketing Act and SWEDMA’s ethical rules in all marketing communications.
5 Errors in delivery
If the end customer discovers errors in an order, he is obliged to inform the Company about this as soon as possible. A complaint must, however, be received no later than 10 days from the time of delivery, otherwise the order is considered correctly delivered and accepted in its entirety by the end customer.
As the information provided by the Company is constantly changing, the Company offers the following quality guarantee on every order unless otherwise agreed with the End Customer.
E-mail addresses and telephone numbers – The company guarantees that at least 90% are active at the time of delivery.
Postal addresses – The company guarantees that at least 98% are active at the time of delivery.
The Company will replace incorrect information up to the guarantee limit free of charge as soon as possible as soon as the end customer has sent the incorrect data to the Company’s support department. The file sent to the Company must contain only the incorrect lines of data that the end customer wishes to complain about and each complaint must have been received within 10 days from the time of delivery. No other form of complaint is accepted by the Company in accordance with these terms. The company reserves the right to have up to 30 days to correct any errors and return to the end customer with a new file. If the Company is unable to deliver an updated file with correct data up to the current specified guarantee limit, the Company will either credit the customer for the incorrect lines of data or provide the customer with an account credit that he can use for future orders. It is entirely up to the Company to choose the type of compensation that the end customer is given and the end customer hereby accepts that the decision can not be appealed.
In the event of returns of postal items that go beyond the guarantee limit, compensation is paid corresponding to double the purchase price for the incorrect address information. The returns, in unbroken condition with the postal distributor’s return stamp, are forwarded to the Company in packages whose postage is paid for by the Company, provided that the reason for the returns is caused by incorrect company information provided by the Company. At least fifty (50) returns are required for compensation to be paid.
Compensation is however always limited to the amount that the End Customer has paid for the current address delivery or a maximum of half the basic amount, whichever is the higher.
No above-mentioned compensation is paid to the end customer with an agreement regarding notification, subscriber or API service.
The company does not reimburse other costs than those described above, neither direct nor indirect costs which may have arisen at the End Customer or at the End Customer’s partner, distributor or the like.
6 Payment
The customer is aware that the order is binding from the time of ordering and cannot be undone without the Company’s written approval. Invoicing takes place via e-invoice, unless otherwise agreed, with a ten (10) day payment period, provided that the company is considered creditworthy. Non-creditworthy companies and start-ups that do not have annual accounts hereby agree to pay the Company in full before delivery. After payment has been received, the Company shall promptly deliver the ordered data. The company is entitled to 8% default interest in the event of late payment and an extra fixed fee of SEK 450 in the event of a payment reminder.
7 Proprieborgen in the event of non-payment
The customer certifies at the time of ordering that he has the authority to place the order on behalf of the company. At the time of ordering, the customer includes the proprietary guarantee to keep the Company indemnified and assumes liability for payment for the end customer’s (Debtor’s) obligation as for own debt.
If payment should not be received from the ordering company / end customer, the purchaser fully understands that he is fully liable for incurred debt as well as for his own debt.
8 Breach of contract
If the End Customer violates these Terms of Purchase, the Company has the right to terminate agreed commitments with immediate effect.
Significant breach which means that delivery, or parts of delivery end up with, or are used by, a third party, or where the right of use as above is not followed, gives the Company the right to invoice the End Customer corresponding to double the cost of the selection / service. The company is also entitled to compensation for costs incurred as a result of the End Customer’s misuse of the information or other breaches of these Terms of Purchase.
In the event of obvious misuse of data provided by the Company, damages of SEK 500,000 will be paid.
9 Dispute over interpretation
Any dispute over the interpretation of this agreement shall primarily be resolved through negotiation between the parties and secondarily in Swedish court proceedings located in Stockholm.
–