§ 1.1 The provider of LAPS and the services provided on LAPS.se is LAPS AB (hereinafter referred to as LAPS). These terms and conditions govern the contractual relationship between LAPS AB with registration number 559274-7900 and the customer, hereinafter referred to as the customer, regarding the right to use the web solution and other services/products/functions ordered by the customer and provided by LAPS under the brand name LAPS, hereinafter referred to as the System. Services, products and functions are specified on www.LAPS.se.
§ 1.2 These general terms and conditions form part of the agreement between the Customer and LAPS in connection with the Customer's use of the System. A contract shall be deemed to have been concluded when the customer has ordered the System and LAPS has confirmed the order.§ 1.3 Minors are not entitled to enter into a contract with LAPS without the prior approval of their guardian.
§ 2.1 The services that the customer uses, i.e. covered by the contract, are stated in the quotation and/or order confirmation. The Customer is responsible for the equipment needed to connect to and use the System, such as Internet connection and hardware.
§ 2.2 LAPS has the right to routinely update and improve the System.
§ 2.3 Through this Agreement, the Customer receives a non-exclusive, non-transferable right to use the System. The Customer receives no other rights of any kind under this Agreement. LAPS (or third party provider of LAPS) retains ownership of the System.
§ 2.4 The Customer may not modify, adapt or rework the System unless LAPS and the Customer have specifically agreed to do so. LAPS shall not be liable under any circumstances for errors, defects, damages or other imperfections resulting from the Customer or the Customer's changes, adaptations or revisions to the System.
§ 3.1 Payment shall be made quarterly or annually in advance. Payment terms are 30 days net from invoice date.
§ 3.2 Periodic fees, such as transaction fees for debit card solutions are billed monthly in arrears.
§ 3.3 If the Customer does not pay in a timely manner, LAPS reserves the right to close the Customer's access to the System. However, the fee for the System is charged despite the restricted access to the System. In case of late payment, LAPS has the right to charge a reminder fee and collection fee, as well as demand interest for late payment by law.
In order to provide the best possible service, LAPS needs to regularly develop/replace technical equipment and update software, etc. In connection with this, it may be necessary to turn off system access. A message will be sent out in advance and access will usually be shut off within the time range of 21:00 to 06:00. Maintenance is primarily done during weekdays but can also take place on Saturday and Sunday. Provided that notification of planned maintenance has been sent out in advance, preventive maintenance shall not be considered as an interruption of the System.
LAPS has the right to change the price of the service due to price index calculations according to the IT consulting index with the index development of the previous year from January to the month of December. Price changes must be notified to the customer in writing three months before the increase.
§ 6.1 The Customer is the Data Controller for the processing of personal data stored by the Customer in the System. LAPS processes the customer's data only as directed by the customer and does not process such data for its own, non-relevant purposes. If LAPS processes personal data in the provision of the service for which the customer is considered to be the data controller, LAPS shall be considered a personal data processor. LAPS is bound by confidentiality with respect to all information obtained about the Customer and LAPS may not disclose such information to third parties. LAPS has taken the necessary technical and organizational security measures to prevent the system information from being accidentally or illegally destroyed, lost, processed and to prevent such information from reaching any unauthorized party, being misused or otherwise processed in a manner contrary to the Swedish Personal Data Act.
§ 6.2 LAPS is responsible for the operation of the service agreed with the customer, which includes, among other things, regular backup of the customer's data. However, LAPS cannot guarantee that the data will be readable to the customer's account.
§ 6.3 The Customer has the right to access its data content stored in the System, such as customer data, order data and product data. The customer has the right to obtain this data as a database file upon request and upon termination of the contract.
§ 7.1 LAPS guarantees availability to the System of 99.5% measured over a quarter. If the System is down more than guaranteed availability, the customer may receive a price reduction. The price deduction may never amount to more than the customer's cost of the service for the actual period of time that the service was unavailable. Price deduction is the only penalty that the customer can apply in the event of a lack of availability.
§ 7.2 In the event that the System contains minor functional bugs that LAPS determines are business critical, these will be addressed by LAPS. General updates and new versions of the System are not included in the customer's price for the service at no additional cost for this. Additional support and service services can be subscribed under the LAPS SLA.
§ 7.3 LAPS's total liability during a calendar year is limited to an amount equal to the customer's remuneration for the System in the current calendar year, but a maximum of SEK 10,000.
§ 7.4 LAPS shall not be liable for damages caused by the Customer due to technical errors or deficiencies, delays, imperfections, interruptions, non-deliveries in the form of data, lack of availability of the System or similar circumstances or events outside LAPS. Since the System is dependent on the normal functioning of the Internet, the Customer understands that interruptions, delays, bugs and similar obstacles on the Internet do not constitute errors in the service.
§ 7.5 LAPS shall not be liable in the event that unauthorised intrusion into the System causes destruction or distortion of data or information.
§ 7.6 LAPS shall in no case be liable for indirect or consequential damages such as business interruption, loss of profits or loss of data.
§ 7.7 The customer must make a claim in writing for price reduction/damages no later than three months after the customer discovers or discloses that the customer had the opportunity to make a claim. If the customer fails to make a claim within the time specified above, the customer loses its right to assert claims.
§ 8.1 The Customer is responsible for reporting all bugs and errors in the System to LAPS without undue delay. If the Customer has not complained about any error in the System within 3 months from the installation of the System, the Customer loses its right to complain about errors that existed during delivery.
§ 8.2 The Customer undertakes to comply with Swedish and international law when using the System, this also applies to linked items that conflict with these. This means, for example, that the customer is responsible for ensuring that any information they publish on their websites or in their catalogues through the System does not violate applicable law. The Customer warrants that the Customer's use of the System does not directly or indirectly infringe the intellectual property rights of third parties. The Customer shall hold LAPS harmless against all claims made by third parties against LAPS and damages suffered by LAPS as a result of the Customer's use of the System.
§ 8.3 The Customer is responsible for his/her use of the System, e.g. correspondence via email, etc. Spam unconditionally leads to suspension. The definition of spam is emails that are repeatedly sent out in large numbers to individual users who have never been in contact with the sender or who have declined such communication.
§ 8.4 The Customer has the right to delegate to others the operation of layout, updating and the like. However, this does not limit the customer's liability under this Agreement.
§ 10.1 The agreement is valid from the acceptance of the offer up to 12 months from the date of exhibition of the first invoice of LAPS. The system is considered installed when LAPS has delivered login details and address to the customer. If the contract is not terminated in writing by either party no later than 3 months before the end of the contract period, the contract is automatically extended for 12 months at a time with the same notice period.
§ 10.2 To avoid misunderstandings, it is stated that the term of the contract does not depend on when the customer chooses to use the System, for example by uploading materials such as information about articles, pictures, the company, terms of sale, etc.
§ 10.3 LAPS has the right to terminate the contract during the term of the contract with immediate effect if the customer has violated any provision of the contract that is of material importance to LAPS. Violation of Section 8 and non-payment of an invoice relating to this Agreement or to other services provided by LAPS to the Customer and related to the System shall always be considered to constitute a breach of contract of material significance.
LAPS shall be exempt from damages and other penalties if the performance of the contract is hindered or hampered by any circumstance - such as war, government interference, civil unrest, restrictions in the supply of energy, disturbances in the labour market, prohibitions, restrictions, non-permits, accidents, adverse transport or weather conditions or non-delivery by subcontractors - which LAPS could not reasonably have foreseen at the time of the conclusion of the contract and the consequences of which LAPS could not avoid or overcome.
§ 12.1 The customer may transfer the contract only after the written consent of LAPS.
§ 12.2 LAPS has the right to transfer the contract without the customer's consent to another company that assumes LAPS's obligations and rights vis-à-vis the customer under the contract.
LAPS has the right to make changes and additions to the Agreement. Such changes shall be notified to the Customer no later than 30 days prior to their effective date. If the changes are to the detriment of the customer, the customer has the right to terminate the contract with effect from the moment the changes come into force, but only on condition that the customer notifies LAPS in writing before the day on which the changes come into force.
Unless otherwise agreed, LAPS has the right in its marketing or in other contexts to indicate that LAPS has provided the System to the customer.
§ 15.1 Any dispute arising out of this Agreement shall be heard by Malmö District Court as first instance. § 15.2 This Agreement shall be interpreted and applied in accordance with Swedish law, with the exception of such provisions of private international law which entail the application of the law in any other jurisdiction.
Laps AB
Organisation number 559274-7900
Address:World Trade Center
LAPS AB
Skeppsgatan19
211 11 Malmo
Do you have questions about your personal data?
Contact info@laps.se
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