PagePicnic – General Terms and Conditions
§ 1 General
These terms and conditions constitute a binding agreement (the “User Agreement”) between Hemsida24 AB, Reg. No. 556783-7595, a company duly incorporated and organised under the laws of Sweden ("Hemsida24") and users and / or buyers of Hemsida24’s services (the “Customer”).
Hemsida24 provides PagePicnic to the Customer, which is a publishing system for websites, through which the Customer build its own website which is then stored on Hemsida24’s server (the “Service”).
If the customer is an individual, the User Agreement is only valid if is entered into by a Customer that at the time of entering into the agreement is at least 18 years of age. If the Customer is a legal entity, the User Agreement is only valid if it has been entered into by a duly authorized representative of the legal entity.
§ 2 Scope of the Service
The Service consists of the services, systems, information and products that are described, from time to time, on Hemsida24’s website www.pagepicnic.se. Hemsida24 undertakes to, in accordance with the User Agreement and in the manner from time to time described on Hemsida24’s website, provide the Customer access to the Service on servers provided by Hemsida24 and ensure that those servers are connected to the Internet.
Hemsida24 reserves the right to change, add or remove features of the Service and to unilaterally amend, change or modify the terms of this User Agreement at any time. Hemsida24 shall give notice to the Customer of any changes of the terms and conditions of the User Agreement and / or material change in the Service implemented by Hemsida24. Such notice may be given via the Service, Hemsida24’s website or to the email address that the Customer has provided. In the event that the Customer does not accept a material change to the Service or to the terms and conditions in the User Agreement, the Customer shall be entitled to terminate the User Agreement with immediate effect within thirty (30) days from when Hemsida24 gave notice to the Customer about the change. A Customer that has not terminated the User Agreement within thirty (30) days from when Hemsida24 gave notice shall be deemed to have accepted the changes.
A support function for the Service is only available to Customers who have entered into an agreement for the paid version of the Service. Support is not available for Customers using the free version. Notwithstanding the foregoing, Hemsida24 is unrestricted to, on a case by case basis, offer support to Customers using the free version of the Service. Outage, disruption or errors in the Service shall be reported to Hemsida24 during office hours. The Customer has no right to claim any compensation caused by outages or errors in the Service.
Hemsida24 makes no warranties in respect of the accessibility or faultlessness of the Service.
§ 3 The conclusion of the User Agreement
The Customer shall be legally bound by this User Agreement when the Customer creates an account on Hemsida24’s website PagePicnic.
§ 4 Registration and Processing of your Personal Data
Hemsida24 collects and processes the personal data about the Customer as set forth in the registration form (the “Personal Data”) in order to provide and administer the Service as well as to comply with its obligations under the User Agreement. Hemsida24 may transfer Personal Data to service providers and partners to the extent necessary for Hemsida24 in order to be able to provide the Service. Hemsida24 and / or Hemsida24’s partners shall have the right to process Personal Data for marketing campaigns, promotions as well as new products or services offered within the Service by Hemsida24 or its partners.
The Customer has a right to inspect the Personal Data that LUMINK has registered about the Customer and may at any time request that Hemsida24 shall correct or delete inaccurate or incomplete Personal Data. By accepting this User Agreement, the Customer approves and consents to the processing of its Personal Data as set forth in this section 4.
§ 5 Returns
A Customer who enters into the User Agreement as an individual may, in accordance with the Swedish Distance and Doorstep Sales Act (Sw. Distans- och hemförsäljningslag (2005:59)), utilize its right to terminate the User Agreement if the Customer gives notice to Hemsida24 within 14 days of the Customer entering into the User Agreement. The right to terminate the User Agreement does not apply to orders of domain names through the Service.
If the Customer utilizes the right to terminate the User Agreement in accordance with the Swedish Distance and Doorstep Sales Act, Hemsida24 will reimburse Customer payments made within 14 days prior to the Customer utilizing the right to terminate.
§ 6 Passwords and user identities
The Customer has a responsibility to store the user identity / identities as well as passwords used to access the Service in a secure manner and unobtainable by third parties. The Customer is responsible for any unauthorized use of the Customer’s user identity and password, until Hemsida24 has suspended the user identity’s access to the Service by request of the Customer. Hemsida24, by itself or via an external consultant, is entitled to inspect the Customer’s use of the Service as well as that the Customer’s use of user identities and passwords is in accordance with this User Agreement.
§ 7 Customer responsibilities
The Customer is responsible, and shall bear all related costs, for any equipment necessary to gain access to the Service and to be able to use the Service full capacity, including, but not limited to, Internet-connection, hardware and software.
The Customer is solely and exclusively responsible for all information that the Customer processes or manages using the Service as well as any data stored by the Customer on Hemsida24’s servers.
The Customer undertakes to only use the Service in accordance with the User Agreement as well as the from time to time applicable instructions given by Hemsida24. The Customer may not use the Service in any way that may overload, interfere with, damage, disable or impair the Service. Furthermore, the Customer may not use the Service in any manner that could lead to the transmission, distribution or uploading of programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs, material or data.
The Customer undertakes not to use the Service to engage in illegal activities or to upload, post, email, transmit or otherwise process or pass on information in violation of any applicable law or regulation (including but not limited to information that may be considered hate speech, child pornography, defamation, insult, instigation, illegal depiction of violence and / or infringement of copyright or other intellectual property laws or breaches of the Swedish Personal Data Protection Act (Sw. Personuppgiftslag (1998:204)), or that may be perceived as threatening, defamatory, racist, harassing, offensive, vulgar and / or obscene, or impinging privacy. This entails that the Customer, among other things, may not use the Service for prostitution, publication of any form of pornographic material, so called “camshows " or "strip shows", sales of weapons, drugs, designer drugs (for example. synthetic cannabis and heroin) or anabolic steroids. Moreover, the Customer shall not use the Service in a way that may harm Hemsida24 or the reputation of Hemsida24’s brands. The Customer undertakes not to use Hemsida24’s trademarks or distinctive marks other than if expressly authorized by Hemsida24.
The Customer may not use information contained within the Service or Hemsida24’s servers for any other purpose than for use of the Service in accordance with the User Agreement. The Customer shall not commercially reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, without entering into a written agreement with Hemsida24 authorizing such actions. Furthermore, the Customer may not use the Service as part of an automated process of another software application, or in connection with mass mailing of information or as support for any public file sharing service.
It is the Customer’s responsibility to ensure that all processing of personal data, that is carried out on or through websites created using the Service, is in accordance with the Swedish Personal Data Act. In the event that the Customer utilizes the webshop platform that is available through the Service, it is the Customer’s responsibility to ensure that any use of the webshop platform is performed in accordance with applicable laws and regulations, including but not limited to the Swedish Marketing Act (Marknadsföringslag (2008:486)), the Swedish Distance and Doorstep Sales Act and the Swedish Electronic Commerce Act (lag om elektronisk handel och andra informationssamhällets tjänster(2002:562)).
Upon Hemsida24’s suspicion on good grounds that the Customer has violated this section 7, Hemsida24 has the right to terminate the User Agreement with immediate effect and to dispend the Service, without the Customer being entitled to any form of compensation or refund.
§ 8 The right to use content
Hemsida24 grants the Customer a non-exclusive, non-transferable, worldwide, revocable right, in accordance with this User Agreement, to use the Service and its contents (including but not limited to any software contained therein) (the "Content"). Hemsida24 reserves the right during the term of the User Agreement to amend, modify and / or replace the Content. All intellectual property rights and other rights to Content are held by Hemsida24 or its licensors. The Customer obtains no rights of any kind whatsoever to the Content, except if expressly permitted in this User Agreement.
The Customer may only reproduce Content if and to the extent expressly permitted by Hemsida24 in writing. The Customer is under no circumstance entitled to fully or partially disassemble, connect to a network, process, modify, amend, decompile, copy, add to, supplement, or create derivative works of or based on the Content, except if expressly permitted in this User Agreement. The Customer may not transfer, rent, lease, lend, sublicense, or otherwise make available all or parts of the Content to any third party, except if expressly permitted in this User Agreement.
Hemsida24 makes no warranty whatsoever that the Content meets the Customer’s needs or that the Content can be used without interference or error.
In connection with the service request or support requests concerning the Service, Hemsida24 is entitled to collect information and data about the Customer’s computer, hardware, operating systems, applications, etc. Furthermore, Hemsida24 has the right to obtain such other information and data necessary in order to handle service or support requests. The Customer hereby grants Hemsida24 a right to collect information and data as set out above. Hemsida24 is not entitled to use the collected data relating to the Customer for other purposes than handling service requests or support requests. Hemsida24 undertakes to treat the collected data as confidential.
§ 9 Payment terms
Customers who have entered into an agreement to use the paid version of the Service shall make payments to Hemsida24 in accordance with the, from time to time, prevailing price for the Service as published on Hemsida24’s website. An obligation to pay for the Service arises when the Customer creates an account for the paid version of the Service. Hemsida24 reserves the right to, at any time and unilaterally, change the prices for the Service. Such change will apply to all payment periods starting when Hemsida24 publishes a new price list on its website or, alternatively starting when Hemsida24 has informed the Customer of the price change by other means.
Any remaining trail period may not be offset when the Customer enters into an agreement for a paid version of the Service, as set out above. The purpose of the trial is thus only to evaluate the Service prior to entering into an agreement for a paid version of the Service.
When the Customer creates an account for the paid version of the Service, the Customer shall specify the payment period (monthly or annually) for the Service, and if the Customer will pay by invoice or credit card. Hemsida24 will charge a fee of SEK 48.75 incl. VAT per invoice. No fee is charged for credit card payments. Hemsida24 may perform a customary credit check without a courtesy copy. Invoices will only be sent to the address where the paying customer has its registered address according to the Swedish national registration (Sw. folkbokförd).
All payments to Hemsida24 are payable in advance, unless stated otherwise. Hemsida24 is entitled to suspend the Service, or parts of the Service, until the Customer has paid in full, if the Customer either has not made a payment in accordance with the invoice as well as within thirty (30) days of the date of issue of the invoice, or if the Customer’s credit card is declined.
If the Customer does not pay, despite a request for payment from Hemsida24, Hemsida24 shall be entitled to immediately terminate the User Agreement. Furthermore, in the event of a late payment, Hemsida24 shall be entitled to reimbursement for costs related to the request for payment, recovery and collection, as stipulated in applicable Swedish law. In addition, a late payment interest of 24% plus the applicable Swedish reference rate will accrue on all late payments.
The payments already made are binding and will not be refunded in connection with a termination of the User Agreement nor a downgrade or inactivation, regardless of when in time this happens as well as regardless of the cause of the termination and / or downgrade / inactivation. The aforesaid does not apply if the Customer utilizes its right to terminate the User Agreement in accordance with the Swedish Distance and Doorstep Sales Act.
§ 10 Claims arising from the Customer’s use of the Service
If claims or actions are made against Hemsida24 due to the Customer’s use of the Service, the Customer undertakes to hold Hemsida24 harmless for any damage Hemsida24 may incur by reason of such claim (including but not limited to costs due to a settlement or judgement). The undertaking is conditioned on that the Customer is notified by Hemsida24 in writing within a reasonable time from when the claim or action is made, and that the Customer has been given the opportunity to approve any settlement or similar undertaking.
§ 11 Limitations of liability
Hemsida24 shall not be liable for any direct, indirect or other consequential damage to persons or property, economic loss or loss of data that the Customer or any third party caused by the Service or the Customer’s use of the Service. Hemsida24 shall not be liable for any data invasion or lack of data secrecy in connection with the transmission of information via the Internet when using of the Service. Hemsida24 shall furthermore not be liable for any errors or changes in third-party services that are provided or accessible through the Service, including but not limited to the third-party service Google Apps.
Hemsida24’s liability shall be limited to the above stated, except if gross negligence or wilful conduct is present. Hemsida24’s liability under the User Agreement shall in any and all events always be limited to an amount equal to the fee paid by the Customer during the current subscription period for the Service. If the claim is in excess of such amount, the Customer may not claim the surplus amount. This limitation shall apply even if other warranties or remedies under this User Agreement do not meet their purpose.
§ 12 Term and termination
This User Agreement shall enter into force on the date of Customer’s subscription for the Service through registration via Hemsida24’s website. The User Agreement is valid for 12 months for Customers who choose to pay on an annual basis, after which it automatically expires (“Annual Subscription”). The Customer may, however, choose to renew its Annual Subscription for an additional one (1) year by notifying Hemsida24 at least one (1) day before the date of termination of the Contract. The User Agreement is valid until further notice for Customers who subscribed for paying per month, and will be automatically renewed by one (1) month unless it is terminated by the Customer at least one (1) day before the end of the current month (“Monthly Subscription”). The same notice periods apply if the Customer wishes to downgrade its subscription or disable any payment services activated within the Service. Customers who wish to cancel their Monthly Subscription or to resubscribe for an Annual Subscription shall notify Hemsida24 by signing on to the Service, click on “Settings” and then “My Subscription” and follow the instructions for cancelation or renewed subscription.[a] Monthly Subscriptions may be cancelled by Hemsida24 with three (3) months’ notice. Hemsida24 reserves the right to decline to renew an Annual Subscription, provided that Hemsida24 has given notice to the Customer thereof within three (3) months prior to the expiration of the subscription.
Hemsida24 will deactivate the Customer’s account upon termination of the User Agreement, which has the effect that the Customer’s website will no longer be externally accessible. The Customer’s website will however be accessible through the editing tool for a period of one (1) month from the termination of the User Agreement. Hemsida24 has the right to permanently delete the Customer’s account if the Customer has not entered into a new User Agreement by the end of the one month period. Furthermore, it is the sole responsibility and duty of the Customer to erase or transfer the Customer’s data to another web hosting provider by the end of the one month period. Hemsida24 is entitled to remuneration for any professional services rendered in assisting the Customer in transferring the data.
Hemsida24 reserves the right to immediately terminate the User Agreement and / or suspend all or part of the Service (including a right to erase or overwrite the Customer data stored by Hemsida24) for Customers who use the Service in violation of the User Agreement or Hemsida24’s instructions, use the Service for storage and / or transmission of unreasonably large data sets, or use the Service for excessively long data sessions compared to an average use of the Service, or a Customer who risks seriously disturbing Hemsida24’s systems, or a Customer obviously abusing the Service. Hemsida24 reserves the right to claim compensation for all damages due to a breach of contract, in the event that the User Agreement is terminated due to a breach by the Customer.
The Customer understands and acknowledges that Hemsida24 may cease to offer free versions of the Service. If Hemsida24 ceases to offer a free version of the Service, Hemsida24 may unilaterally terminate the User Agreement and erase the Customer data. Hemsida24 shall notify the Customer through email if Hemsida24 intends to cease offering a free version. Hemsida24 shall have the right to cease providing the free version of the Service and to erase all data one (1) month after such notice.
The Customer understands and acknowledges that Hemsida24 has a right to terminate the User Agreement and erase all Customer data if a free version user has been inactive for more than one (1) month. Hemsida24 shall give notice by email in the event that Hemsida24 intends to terminate the User Agreement due to inactivity. Hemsida24 shall have the right to cease providing the Service and to erase all data one (1) month after such notice.
Hemsida24 has the right to terminate the User Agreement with immediate effect if the Customer is declared bankrupt, suspends payments, goes into liquidation or may be regarded as insolvent.
§ 13 Force Majeure
Party is relived from its duty to perform its obligations under the User Agreement if such failure is (i) due to a circumstance of the type specified below (“Force Majeure”), and (ii) the circumstances prevents, or considerably hinders, the timely fulfilment thereof, and (iii) the impediment is beyond the Party’s reasonable control. The following shall inter alia be considered as Force Majeure: act or omission of authority; new or amended legislation; industrial disputes; blockade; lightning; fire; flood; disruption in transportation, telecommunications or power supply; or failure or delay in delivery of goods or services by a supplier due to any of the previously mentioned circumstances.
§ 14 Notices
Notices by Hemsida24 to the Customer under this User Agreement are primarily sent to the email address provided by the Customer. The Customer is responsible to ensure that the email address, as well as other contact information it has provided, always are up to date and accurate. The Customer shall send notices to Hemsida24 to the email address listed on the website of the Service or, if applicable, through a form on the website of the Service especially established for the purpose.
§ 15 Amendments to the User Agreement
Except for as stated in the second paragraph of section 2 above, this User Agreement may only be amended, changed or modified by an instrument in writing duly executed both Parties.
§ 16 Governing law and disputes
This User Agreement shall be governed by and construed in accordance with the substantive laws of Sweden. Any dispute arising out of or in connection with the User Agreement or the Service shall be settled by in a Swedish court of general jurisdiction, with the District Court of Halmstad as court of first instance.