General terms and conditions for the service ansvarsfullt.se
3HF Response AB, 559021-5074, (”Response”) provides the service ansvarsfullt.se online at the website www.ansvarsfullt.se (the ”Service”) for companies and other organizations. These general terms and conditions apply to license agreement for the use of the Service concluded between Response and the Customer (defined below). These general terms and conditions and the license agreement are collectively referred to as the ”Agreement”.
The Licensee (the ”Customer”) in relation to the Service is a legal person or a private business who, by registering for the Service in accordance with section 3.1 below, has entered into an agreement with Response regarding the use of the Service.
A user of the Service (the “User”) is an employee, or other person whom the Customer, in accordance with the terms and conditions, has approved as User of the Service and to whom the Customer has granted access to the Service.
1 The Service
1.1 The Service provides an opportunity for the Customer to structure, document and develop its sustainability work. The content of and the tools provided within the framework of the Service may be subject change in accordance with this Agreement.
1.2 The Customer will, after answering a number of questions that aim at how the Customer works with sustainability, receive a complete report in PDF format with a result showing the position of the Customer in relation to a number of sustainability aspects. The reports are divided into quality, environment and social responsibility and show the Customer’s sustainability work in each area.
1.3 The Customer may choose to have a public or a hidden profile. A public profile includes a page to where the Customer can link relevant persons so that they easily can get an overview of the Customer’s sustainability work. Customers who choose to have a public profile may also use Response’s certification Ansvarsfullt Företag® (eng. Responsible Company)
1.4 Response also offers, within the framework of the Service, a possibility for Customers to purchase a supplier portal solution, which makes it easy for a Customer to get an overview of their suppliers’ sustainability work and to see if suppliers meet the sustainability goals that the Customer has set (the ”Supplier Portal Solution”).
1.5 Reponse also offers, within the framework of the Service, a possibility for Customers who carries out procurement processes to purchase a tender portal solution, through which the Customer can allow tenderers to log on and answer questions in order to obtain a result through the Service (the “Tendering Module”), the result is then provided to the Customer.
2 Certain aspects of the Supplier Portal and the Tender Module
2.1 For those third parties who are invited by a Customer to the Tendering Module and chooses to create an account, these general terms and conditions, with the exception of section 3.1, 6.2, 7 and 9, apply to such third parties use of the Tendering Module and what is said herein about the ”Customer” shall thus also apply to such third parties.
2.2 Third parties who provide information via the Tendering Module will not be able to access their results themselves and will also not be entitled to use the seal Ansvarsfullt Företag®/Ansvarsfullt Förening® (eng. Responsible Association), unless they choose to become a paying Customer.
2.3 The Customer is responsible for its invited tenderers’ use of the Tendering Module.
2.4 Users who have accepted an invitation from a Customer using the Supplier Portal Solution or the Tendering Module, by accepting these general terms and conditions, agree that the information they provide is shared with the portal holder (i.e. the Customer who invited the user).
3 Connection to the Service
3.1 To use the Service and its benefits a license is required. The license is non-exclusive and is valid for the use of the Service for a year, and the Customer receives the license by entering into this Agreement with Response, which the Customer does through registering on ansvarsfullt.se.
3.2 The Customer receives a password for use of the Service when the Customer’s and its Users’ information has been verified by Response. Response reserves the right to change the Customers and Users username or password for technical or operational reasons. The Customer shall be notified of such change in advance.
4 Customer’s obilgations
4.1 The Customer undertakes to follow Responses’s instructions as applicable from time to time for use the of the Service and undertakes to ensure that its Users also do so. Furthermore, the Customer undertakes to comply with all applicable legislation when using the Service.
4.2 The Customer undertakes to ensure that its Users do not disclose passwords to unauthorized persons and store passwords securely in order to prevent unauthorized access. The Customer must notify Responses customer service (email@example.com) without delay if a password has been lost, compromised or similar.
4.3 The Customer undertakes not to spread any information via the Service that may be considered incitement against ethnic groups, slander, rioting, pornography, depiction of violence or other information that may otherwise offend or contravene current legislation and undertakes to ensure that its Users do not do so.
5 Responses responsibility for the Service
5.1 Response’s aim is that the Service shall be in operation around the clock. Response will normally remedy any operational disruptions as soon as possible. However, the operation of the Service is unsupervised during certain times, and thus remedial of operational malfunction during such time may be delayed.
5.2 Response’s aim is also that the questions and sub-answers stated in the Service should be as accurate and up-to-date as possible but is not under any obligation to ensure that the questions and information presented in the Service reflects all applicable legislation, case-law and market practices at all times.
5.3 Response is not liable for any clerical or typing errors in relation to the Service, nor in any case for the Customer’s or Users’ loss of data or for messages on the Service being corrupted.
5.4 Response reserves the right to temporarily close the Service for service, maintenance, upgrades and changes.
5.5 Response reserves the right to limit the availability of the Service for any Customer and/or Users who violate the Agreement or otherwise abuse, or whom Response suspect abuse, the Service. Response also reserves the right to remove material from the Service that is in violation of the Agreement.
6 Intellectual property rights
6.1 All intellectual property rights associated with the Service, such as the logotype/brand ansvarsfullt.se, graphic design and technical solutions is and shall be the sole property of Response. Customer and Users are thus not entitled to use such material in any other way than stated in the Agreement. The material may not be copied, resold, leased, or otherwise made available to the public by the Customer or the User without the written consent of Responses.
6.2 The seal Ansvarsfullt Företag®/Ansvarsfull Förening® may be used freely by a Customer who has answered all the questions and has chosen to have a public profile on ansvarsfullt.se. The seal may be used both digitally and physically, e.g. on the website, stationery, in quotes, for marketing and other purposes during the time the Customer holds a license.
7 Prices and payment
7.1 The license fee for the Service depends on how many employees the Customer has. The different price levels can be found at ansvarsfullt.se. The license fee includes all features for using the Service for one year and no additional costs will be incurred.
7.2 The license fee is invoiced to the Customer upon ordering the Service and thereafter annually in advance. Payment terms are 30 days net from the invoice date.
7.3 Unless otherwise stated, the prices of the Service or that are otherwise agreed between the parties are stated exclusive of VAT.
8 Limitation of liability
8.1 Response is in no case liable for any indirect damage incurred by the Customer through the use of the Service. Responses liability for direct damage is limited to an amount equal to what the Customer has paid in license fee during the last twelve months before the damaging event.
8.2 In the event that Response due to the Customer or User’s action has to pay compensation to the Customer, User, or any third party, the Customer who caused the damage shall hold Response harmless.
8.3 The Customer is in no case entitled to direct claims against Response due to temporary malfunctions, or because the Service was not accessible or not technically satisfactory, including but not limited to any cost or damage that may arise due to the Service being temporarily shut down for service, maintenance, upgrades, modifications, or similar actions.
8.4 Response is free from liability if Response’s fulfilment of obligations is prevented or hampered by circumstances beyond Response’s control which Response could not reasonably be expected to have anticipated and whose consequences Response could not reasonably have avoided or overcome (e.g. authority regulation, work conflict, accidents, errors in public communications, etc.).
9 Term and termination
9.1 The Agreement between Response and the Customer regarding the Service comes into force when the Customer is registered with the Service and is valid for one year thereafter. The Agreement is automatically extended by one year at a time unless the Customer terminates the Agreement no later than three months prior the expiration of the Agreement and unless Response and the Customer have mutually agreed otherwise.
9.2 Termination of the Agreement to Response shall be made by e-mail to firstname.lastname@example.org. Response does not refund the license fee paid if the Customer terminates the Agreement in advance.
9.3 Response reserves the right to terminate the Agreement without notice and without giving any reason. In such cases, however, Response has an obligation to repay the license fee amounting to the remaining contract term. Nevertheless, in the event that Response terminates the Agreement due to the Customer’s breach of contract, Response has no obligation to repay any license fee already paid.
10 Processing of personal data
11 Amendment of the Agreement
11.1 The Agreement may be amended by Response through notice to the Customer by e-mail or by notice through the Service. Amendments to the Agreement shall be notified no later than fourteen days prior to the date on which the amendment enters into force. If the Customer does not accept the amendment to the Agreement, the Customer shall, by notification to email@example.com, terminate the Agreement with immediate effect. If no termination occurs, the Customer is considered to have accepted the change and thus becomes bound by the new terms. If the amendment to the Agreement is due to a change in law, regulation or governmental decision, the amendment may take effect immediately.
12.1 The Customer is not entitled to assign to third parties its rights or obligations under the Agreement.
12.2 Response has the right, without the consent of the Customer or the User, to assign all or part of his rights and obligations under the Agreement to third parties. Response also has the right to hire a subcontractor to fulfil its obligations under the Agreement.
13 Applicable law and dispute resolution
13.1 Swedish law shall apply to the Agreement and other legal relationships between Response and Customer and its Users.
13.2 Disputes arising as a result of the Agreement shall be settled by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration proceedings will take place in Malmö.
13.3 Arbitration proceedings that have been invoked with reference to this arbitration clause are covered by confidentiality. The confidentiality includes all information that emerges during the procedure as well as decisions or arbitration that are communicated in connection with the procedure. Information covered by confidentiality may not be disclosed to any third party in any form without the written consent of the other Party. However, a Party shall not be prevented from disclosing such information in order to best utilize its right against the other Party as a result of the dispute or if the Party is required by law, regulation, authority decision, exchange contract or equivalent to provide such information.
13.4 If this Agreement, or part thereof, is assigned to a third party, such third party shall automatically be bound by this arbitration clause.
13.5 If the value of the disputed item is less than the price base amount applicable at the time of the dispute according to the Swedish Social Insurance Code (2010:110), Response, notwithstanding section 12.2, shall have the right to refer the dispute to the general court for judgment.