General Terms and Conditions
Agreement terms are important things. Therefore, our contract terms are as clear, simple and short as possible. Everything for you to read and really understand them properly.
- These terms (the "Agreement") govern the relationship between the customer ("Customer") and Loopia AB org no: 556633-9304, Kopparbergsvägen 8, 722 13 Västerås, +46 (0) 771240800, ("Crystone"), regarding certain web hosting services as well as other services that are covered by supplementary agreements on such agreements (jointly the "Services") in a shared server environment (the "Web Hotel").
- Customer may be a legal or legal person. Customer may not provide or transfer the Services (in whole or in part) to anyone else without Crystone's consent. The Customer may delegate the operation and updates of web pages etc. to another natural or legal person, but this does not limit the Customer's responsibility under this agreement.
- The content of the Services is specified in a separate order confirmation / invoice and on Crystone's website. Crystone will not remove functions in the Services unnecessarily but from time to time Crystone may change the content of the Services. If a function should be removed, Crystone always strives to replace it with an equivalent function. Updates to the content of Services are free of charge for all customers and may be carried out without prior notice to the Customer.
- Crystone provides free support for the Services. This is done via e-mail, telephone and information on Crystone's website.
3. Term and termination
- The agreement begins when confirmation is issued by Crystone. The agreement runs the time payment is paid for the Services unless otherwise agreed and is shown in the order confirmation.
- Crystone applies the Distance and Home Sales Act (SFS 2005: 59), which means that the Customer always has the right to cancel a signed agreement within 14 days. Crystone provides specific information about this to the Customer in connection with the confirmation of the agreement. See also points 3: 6 and 3: 7.
- Crystone applies a 45-day open purchase and in this case all amounts paid for the Services are refunded. See also points 3: 6 and 3: 7.
- Crystone applies the right of withdrawal and open purchase also for traders who are legal persons.
- Crystone does not apply binding time. The agreement may be terminated by the Customer at any time and without any reason. After the Agreement has expired, any files stored through the Service will be stored for 1 week, unless otherwise stated in the information on Crystone's website. See also points 3: 6 and 3: 7.
- Cancellation is done via Crystones Customer Center or in the Service's control panel.
- Customers who wish to exercise the right of withdrawal or open purchase, or who wish to terminate the agreement during the paid period, must prove their identity with username and password in order for the message to be valid. Crystone will confirm the message promptly and make a refund within 20 days.
- In case of early notice, prepaid fees are not refunded.
4. Domain name
- If Customer wishes to order domain name services and / or DNS services from Crystone, specific contract terms that are available on Crystone's website apply.
- Fees for the Services are paid against invoice. Fees are charged in advance or in arrears depending on what is stated in the description of the Services. Payment terms and payment methods are shown in the invoice.
- Crystone has the right to charge interest on interest according to law as well as statutory fees for payment reminders in the event that payment is not made on time. Crystone will block all of the Services if payment regarding one or more of the Services is not made upon reminder. Termination of the Services requires active action by the Customer.
- The customer must promptly notify Crystone if the invoice is considered incorrect. If the Customer has objected to the invoice within 8 days and has stated a factual basis for the charge, Crystone shall grant deferment with payment of the disputed amount until the parties have reached an agreement. If such an agreement is not reached within 14 days, either party may initiate a dispute resolution pursuant to clause 11 below.
- Change of fee is notified in writing and can only enter into force in connection with a new contract period.
- Temporary promotional prices do not affect ongoing agreements.
- Customer may transfer the Services to another party after Crystone's consent. The transfer and consent will be in writing and enter into force from the date Crystone has consented to the transfer. Resignation The Customer is not liable to pay any obligations arising after the transfer date. Accession The Customer is not liable to pay any obligations incurred before the transfer date.
- Crystone may assign all or part of its obligations and rights under this agreement to another company.
7. Crystones responsibility
- Crystone does not exercise any control over information handled by Customer within the Web Hotel. Crystone is thus not responsible for the operations of individual websites or the content therein, or direct or indirect damages that result from the actions of the Customer. Crystone will not be liable for the Customer's possible liability to third parties. Crystone is not responsible for data loss, or other damage caused by viruses or unauthorized intrusion or undue influence by Crystone's servers.
- Crystone is only responsible for damages caused by Crystone or Crystone's subcontractor through negligence. Crystone's liability is limited to direct losses at a total value corresponding to the maximum fee for the Services during the applicable contract period. Compensation is not paid for loss in business, or indirect damage, such as reduced production or sales for the Customer or third parties.
- The limitation in paragraph 7: 2 does not apply to liability for damages arising from mandatory law.
- Customers affected by damage due to errors at Crystone or in the Services must notify them immediately. Crystone does not provide any compensation for damage that could have been avoided. Claims for damages must be made in writing to Crystone and arrive within a reasonable time after the Customer has marked or removed the basis for the claim.
- Crystone has an adequate system for double storage of data so that it can be restored in the event of a failure, but Crystone does not guarantee access to data on the Customer's website and is not responsible for data loss.
8. Customer responsibility
- The customer is responsible for ensuring that Crystone has access to accurate and effective contact information throughout the contract period. Crystone is not responsible for any problems, damages or costs arising from the fact that the contact information is incorrect, or that the Customer does not immediately receive Crystone's messages.
- Customer is responsible for the safe handling of Customer's username and password.
- Customer is responsible that information handled by Customer within the Web Hotel (or Customer's operations on the Web Hotel) does not (a) infringe third party rights, (b) otherwise violate Swedish law, (c) cause serious harm, or (d) ) is obviously unjustifiable from an ethical point of view.
- The web host is intended for website and email use only. Crystone reserves the right to determine when the limit of illegal or obviously irresponsible business / content is exceeded and what is reasonable measures to ensure the security of the Web Hotel. Customer is responsible for acting promptly if Crystone requests Customer to remove information within the Web Hotel which, in Crystone's reasonable opinion, is unacceptable.
- Crystone has the right to check information handled within the Web Hotel in connection with troubleshooting or if there are suspicions of violations of these terms. Crystone also has the right to immediately remove or move information handled within the Web Hotel if this information risks causing damage to Crystone's customers, servers or networks. This also applies if such damage is caused indirectly by the content causing an overload or illegal attacks by outsiders.
- The Agreement may be terminated by Crystone if Customer violates the terms of the Agreement. Before cancellation is effected, Crystone shall give the Customer reasonable time to rectify if Crystone deems that rectification is possible. Crystone is always entitled to terminate the Agreement for immediate termination and to suspend access to the Services without giving the Customer the opportunity to rectify:
- if the content or business of the Customer's website, in accordance with Crystone's reasonable judgment, causes malfunctions, congestion or other security problems in the Web Hotel, and this may be assumed to threaten or interfere with Crystone's business or the function of other Customer's websites;
- if the Customer goes bankrupt, becomes subject to corporate restructuring, chord proceedings, suspends his payments or may otherwise be considered insolvent;
- if, in accordance with Crystone's reasonable judgment, the Customer is guilty of a breach of points 8.3-8.4 above; or
- if the Customer, in Crystone's reasonable judgment, violates Crystone's rules regarding the type of information that may be stored within the Web Hotel or otherwise covered by the Services in accordance with Section 9 below.
- to find out if such circumstances exist that cause Crystone to terminate the Agreement;
- to prevent continued criminal activity after the police report; or
- to defend against legal claims directed against Crystone by the Customer.
9. Unauthorized Use
- The Customer may not use the Services in violation of the Agreement, applicable law or to promote inappropriate or unethical activities. Information stored within the Web Hotel or otherwise covered by the Services may not contain:
- Information that infringes third parties' intellectual property rights.
- Computer viruses or other malicious code;
- Child pornographic, pornographic, discriminatory, racist, degrading, threatening or violent material or other material that constitutes unlawful threats, incitement to a public group, slander or that encourages illegal acts or activities; or
- Distribution or similar of unsolicited e-mail (so-called spam) or other mailings that are not done with the recipient's consent.
10. Personal data
- The Customer and Crystone agree that the Customer is responsible for personal data and Crystone its personal data assistant in respect of any personal data that Crystone processes in order to fulfill its obligations under this Agreement. The Customer shall ensure that all required actions have been taken (and will be taken on an ongoing basis when required) to ensure that Crystone's possible processing of such personal data is in accordance with applicable personal data law, including Regulation (EU) 2016/679 of the European Parliament and of the Council. ("GDPR").
- If, as part of the fulfillment of the Customer's obligations under this Section 10, the Customer assesses or wishes the Customer and Crystone to enter into a personal data access agreement, the Customer and Crystone agree that Crystone's standard personal data access agreement should be used. Crystone's standard personal data entry agreement is available through the Crystones website.
- The Customer shall, during the term of this Agreement, and thereafter indemnify Crystone harmlessly from any and all damages and losses suffered by Crystone as a result of the Customer's failure to fulfill its obligations under this Section 10.
- Each party to this agreement shall be exempt from damages and other penalties if the performance of the agreement is prevented or hampered by circumstances which a party has not been able to control, such as war, government intervention, burglary, seizures, general restrictions, labor conflict, accidents, unfavorable transport or weather conditions, failed state permits, energy supply constraints or non-contracted deliveries that a party could reasonably not have foreseen at the time of the conclusion of the contract and whose consequences the party could not avoid or overcome. If the performance of the agreement has been substantially prevented for longer than one month due to the circumstances stated above, each party has the right to terminate the agreement in writing without compensation.
- Crystone has the right to make changes to these terms, with effect 30 days after publication. Changes to contract terms are announced in writing, via email, to all customers. Customers who do not accept the new terms have the right to terminate the agreement immediately in accordance with point 3.5.
- Disputes regarding the interpretation or application of the Agreement shall be decided by a Swedish court in accordance with Swedish law, whereby Stockholm district court shall be the first instance.
Date of contract 2020-01-10