General terms OnPrem and SaaS
Pricka AB – On-Premises Version 2023:1
- Introduction
These General Terms and Conditions regulate both the use and the service and support that Pricka AB (Pricka)
provides for the Software (Licence Agreement). The General Terms Conditions regulate Pricka’s obligations
towards you as a Customer, and your obligations as a Customer and User. The acceptance of the General
Terms and Conditions constitutes a binding agreement between the Customer and Pricka that applies from
the date of said acceptance. - Notifications
Notifications and information on the product are primarily provided at www.pricka.se . The message is
considered delivered when it has been published. Examples of notifications include information about new
versions, other information about the Software, support or changes in General Terms and Conditions. Pricka
can also send information by email or post at its own discretion. In this case, the notification is considered to
be delivered when it is dispatched from Pricka. The notification will apply immediately, unless otherwise
specified in the notification itself. Notifications from the Customer to Pricka regarding the General Terms and
Conditions are primarily sent via e-mail to info@pricka.se. You can also reach us during office hours on +46 (0)
8-522 308 40. - Agreements
The Customer is entitled to install and use the Software on any number of personal computers, workstations
or other devices. The number of users in the licence agreement indicates ”named, active users” which reflects
how many users can use the Software at the same time. The database may only be installed on one server per
licence agreement.
Under no circumstances shall the Customer be entitled to make copies of the Software or the user
documentation or other materials accompanying the Software, whether in electronic or hard copy form, other
than as required to use the Software under the General Terms and Conditions. Under no circumstances may
the Customer make changes to the code of the Software, such as disassembling or decompiling the Software.
Pricka is the owner of all copyrights for the Software or has agreements with other authors in the event that
the product contains source code for which Pricka does not hold the copyrights. This includes the
documentation, both electronic and printed, associated with the Software.
Pricka reserves the right to change system requirements for future versions of the Software. Pricka does not
guarantee the future compatibility of the Software with operating systems that are no longer maintained by
the operating system provider.
The Customer may not transfer, copy, rent, lend, sell or otherwise dispose of the Software without the written
consent of Pricka. It is also not permitted to transfer the licence agreement to third parties or to export the
Software without the written consent of Pricka. The same applies if the Customer is merged or declared
bankrupt.
Pricka is entitled to assign its obligations or rights under this Agreement.
The current licence agreement provides the Customer with:
• the right to use the Software without restrictions on functionality for the term of the
Agreement.
• Support, i.e., extended help and the possibility of more in-depth questions about/help with
the Software needed for its use. To a limited extent, simple questions concerning operating
systems, printers, networks, etc. needed for the use of the Software can also be answered. The
right to Support applies to the latest version of the relevant Software.
• Update of the Software, which means that, for the term of the Agreement, Pricka provides free
of charge corrections and all new unofficial versions of the Software. New versions are made
available online.
• Access to the latest version of the Software.
For Pricka to provide service, the Customer undertakes to:
• follow the instructions contained in the Software documentation and any other instructions
provided by Pricka.
• regularly create database backups
• install the latest version of the Software to avoid and resolve any errors.
• check and prevent your computer, operating system, programmes and data files from being
infected by so-called viruses.
• receive and, where appropriate, act on messages from Mr Pricka in accordance with paragraph
2.
• provide Pricka with current company information such as customer number, name, postal
address, telephone number, organisation number, contact person and current email address.
• comply with the terms of the General Terms and Conditions
Pricka undertakes to:
• Provide a licence key by email that allows the Customer to use the Software according to the
scope of the licence agreement.
• Provide support during specified times. Support is carried out at Pricka’s discretion via internet,
email or telephone.
• Be able to receive fault reports and provide support during separate specified times. Fault
reports can be submitted by telephone during the current service hours or by email/internet 24
hours a day.
• Restore the database from the last backup with reasonable efforts at the current hourly rate.
• Fix reported product defects that seriously affect the functioning of the Software as soon as
possible. Pricka reserves the right to decide when and how a product defect is to be corrected
and when and how an action is to be carried out, as Pricka is the one who has the overview of
the consequences of a correction/change/action.
• Fix errors that do not seriously affect the Customer’s use of the Software and/or the function of
the Software, but no earlier than the next official release of the Software. Pricka reserves the
right to determine when and how a product defect is to be corrected and when and how an
action is to be taken, as Pricka is the one who has the overview of the consequences of a
correction/change/action.
All Pricka’s efforts in terms of service, support and updates should be proportionate to the annual fee. If a
service visit to the Customer becomes necessary, and this is not due to a fault or deficiency within Pricka’s
control and the Parties agree on this, the Customer will be charged costs for working time, travel time, travel
expenses, subsistence allowances, etc. as per the applicable rates at the time. Pricka’s obligations exclude
• Providing instructions or training users on the necessary information available in the Software’s
online documentation.
• Making customer-specific adaptations to the product.
• Fixing errors that have occurred for reasons beyond Pricka’s control, such as power failures,
operating system errors, hardware errors, driver errors, errors caused by viruses, Trojan
programs, macros or peripheral device errors.
• Performing work that needs to be done because the current database backup is missing.
• Providing free support if data is retrieved or submitted to the Software database in a manner
not authorised by Pricka. In these cases, support can be provided at the applicable hourly rate.
Free support also ceases when the Software is used on other computers, other operating
systems or with other components than those delivered by Pricka together with the Software
and/or specified in the system requirements for the current version.
• Responsibility for costs arising from Support provided by third parties unless this has been
expressly agreed in advance between the Customer and Pricka. - Right of use
Once the Customer has signed an agreement and accepted the General Terms and Conditions, the Customer is
entitled to use the Services during the subscription period for as many users as the subscription covers.
Only Users with a paid and valid subscription are authorised to use the Services. User licences are issued for
individual named users. User accounts are created and managed by Pricka. User licences may not be shared or
used by more than one User but the Customer may freely transfer a user licence from one User to another.
Pricka reserves the right to check the number of user licences used.
Each User is responsible for the confidentiality and accuracy of login and other account information. The
Customer and/or User must inform Pricka immediately in the event of unauthorised access to login details.
The Customer is aware that the use of the Service requires access to the Software, equipment and
communication services necessary to utilise the Services. These can be found on Pricka’s website or
communicated by Pricka on request. - Term of the Agreement and termination
The licence agreement is signed for 12, 24, 36, 48 or 60 months. The licence agreement is then automatically
extended by the corresponding term if Pricka does not receive notice of termination 3 (three) months before
the end of the current term. The new licence key is submitted by email within 30 days before the new licence
term.
The fee paid in advance is not refunded if the Customer cancels, provided that the Customer’s cancellation is
due to something other than Pricka’s breach of contract or general failure to deliver. Please note that a valid
licence agreement is a prerequisite for the Customer to access the entire Software functionality.
Pricka may terminate this Agreement if the Customer is in arrears with the payment of fees, is insolvent,
bankrupt or otherwise unable to fulfil its payment obligations.
Termination of a licence agreement must be made in writing by post or email and be received by Pricka 3
(three) months before the end of the current agreement term.
The licence agreement may not be transferred to a third party without the written consent of Pricka. The
same applies if the Customer is merged or declared bankrupt. - Pricing and invoicing
The licence fee is invoiced annually in advance unless otherwise specified in the Agreement.
New or additional user licences are charged according to the price list in force at the time. The same applies to
Services not covered by the licence agreement.
Payment terms are 30 days unless otherwise agreed.
Penalty interest is the reference rate set by the Riksbank [Swedish National Bank] plus 10 percentage points. - Index adjustment
Fees are indexed once a year and at the start of a new licence term unless otherwise agreed. The adjustment
is 4%. - Data processing and privacy
8.1 Processing of personal data
Pricka processes personal data using information technology in specific registers. The personal data processed
are those provided by the Customer upon purchasing Software and Services, requesting support, activating
licences, and, where applicable, in other contacts. Pricka mainly processes personal data for administrative
purposes, that is, to fulfil concluded agreements.
8.2 Collection of information
Pricka may collect anonymised information from our products and services via automated data collection
tools. Pricka collects and uses such information for the purpose of securing, maintaining and improving
products and services and for statistics and analyses of various kinds. - Warranty
Pricka warrants, for a period of 12 months from the invoice date and in all material respects, that our Software
(i) operates in accordance with the accompanying documentation and (ii) is free from material defects upon
physical delivery. If the Software fails to operate in all material respects, Pricka will replace the Software with a
new
version. Objections to product defects must be received by Pricka within 14 days of the discovery of the
defect.
9.1 Limitations of the warranty
The Software is only intended to be used on computers, with the operating systems and the supplied
components, as specified in the system requirements for the current version.
The warranty does not apply if the Software is installed and/or used in violation of this.
Pricka delivers Software of a general nature, so-called standard software, hence Pricka cannot guarantee that
the Software is necessarily suitable for the Customer’s particular purpose. Nor can Pricka guarantee that the
Software is completely free of errors upon delivery.
The development and improvement of Software is an ongoing process and Pricka addresses reported errors
according to point 3.
Furthermore, Pricka cannot guarantee that fully or partially integrated third-party products and services will
function as intended when changes are made to any of the interacting Software. - Complaints
Complaints about Software/Services or objections to invoices received must be received by Pricka within 14
days of receipt.
Complaints must be submitted by email info@pricka.se. - Limitation of liability
Pricka disclaims all liability for any personal injury, property damage or financial loss that may result directly or
indirectly from Pricka’s commitment under the General Terms and Conditions to the extent that Pricka has not
caused the damage through gross negligence or intent. Any compensation can never be greater than the fee
paid for the Software/Service. The same applies to operational disruptions, both planned and unplanned. - Confidentiality
None of the Parties may disclose information that is protected under the law on the protection of trade
secrets to any extent other than what is required due to changes in the law, decisions by the authorities, with
a view to performing services under the General Terms and Conditions or had the other Party authorised such
procedure.
The Party undertakes to inform its employees and/or consultants so that confidentiality is respected. - Force majeure
The Party’s commitment is subject to events beyond the Party’s control such as war, acts of terrorism, labour
disputes, sabotage, fire, water damage, burglary, government intervention or similar events that make it
difficult or impossible for the Party to deliver its service or take action. - Breach of contract and applicable law
If a party breaches the General Term and Conditions, the other Party is entitled to terminate the Agreement
with immediate effect.
The rights and obligations of the Parties shall be governed in their entirety by Swedish law. In the event of a
dispute concerning the interpretation of the General Terms and Conditions or the use of the Software, the
Parties undertake to resolve the dispute by amicable settlement. If the dispute cannot be resolved in this way,
it shall be resolved by a public court with the Stockholm District Court as the first instance.
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General Terms and Conditions Pricka AB – Cloud Service (SaaS) Version 2023:1
Please read these General Terms and Conditions carefully before using Pricka’s products. Accessing or using Pricka’s products indicates your acceptance of these General Terms and Conditions.
- Introduction
These General Terms and Conditions govern the User’s use of the agreed Software and fully or partially
integrated Additional Services, together referred to as the Services. The Services are provided by Pricka AB
(Pricka). The User purchases access to the Services directly from Pricka. These General Terms and
Conditions apply between Pricka and the Licensee and govern Pricka’s obligations to the Licensee as
Customer and the User’s obligations as Customer and User of the Services. In the General Terms and
Conditions, key terms are capitalised. Where terms are not directly defined in the text, definitions are
given in paragraph 23 below.
The Customer’s access to the Services is subject to acceptance of these General Terms and Conditions,
which takes place when the contract is signed.
General Terms and Conditions apply regardless of whether the Software has been provided free of charge
or against payment. - Messages
Messages and information about the Services are provided via the Service or as a message in the
interface of the Services. Notification can also be made at www.pricka.se.
The message is considered delivered when it has been published. Examples of notifications include
information about disruptions, new versions, other information about the Software, support or changes in
General Terms and Conditions. At your discretion, you can also send a notification by email or post. In this
case, the notification is considered to be delivered when it is submitted by Pricka.
The notification is effective immediately, unless otherwise specified in the notification itself.
Notifications from the Customer to Pricka regarding General Terms and Conditions are primarily submitted
by email to the address stated on Pricka’s website. You can also reach us from Monday to Friday from
08:00 to 17:00 on the telephone number listed on the Pricka’s website. - Subscription Agreement
Services are provided as ”Software as a Service” (SaaS), where the Customer purchases a subscription to
the Services provided online. When subscribing, the Customer is granted the right to access and use the
Services in the manner set out in the General Terms and Conditions. All parts of the Services are governed
by the General Terms and Conditions, including parts added, purchased or brought into use at a later date.
The Customer is granted a limited, terminable and non-exclusive licence to use the Services under the
General Terms and Conditions for the Customer’s internal business operations against payment of fees
according to the price list in force from time to time or as agreed. The payment of contractual fees and
compliance with the General Terms and Conditions is a necessary condition for the right to use the
Services.
Services are provided on an “as-is” basis. The right to use the Services is not conditional or dependent on
any particular version of the Services or operation at any particular time, but provides access to and the
right to use the Services as provided at any given time. The provision of the Services is neither conditional
on the delivery of future versions or functionalities nor is it dependent on publications, materials or
comments concerning the same made by or for Pricka.
Pricka reserves the right to provide the Services from another country.
Pricka reserves the right, at its sole discretion, to make improvements, additions and changes or correct
errors or omissions in the Services. Pricka disclaims any liability arising from such actions.
Pricka is entitled to use subcontractors to fulfil Pricka’s obligations under the Agreement. Pricka is
responsible for the fulfilment of the contractual obligations performed by subcontractors as if they had
been performed by Pricka itself.
Pricka is entitled to assign its obligations or rights under this Agreement.
The Customer is in no case entitled to transfer or assign, in whole or in part, any licence for the Services to
a third party, (including but not limited to mergers and demergers, bankruptcy, change of ownership or
control or to related companies) unless Pricka has granted its prior written consent. - Right of use
Once the Customer has subscribed to the Services and accepted the General Terms and Conditions, the
Customer is entitled to use the Services during the subscription period for as many users as the Customer
subscription covers.
Only Users with a paid and valid subscription are authorised to use the Services. User licences are issued
for individual named users. User accounts are created and managed by Pricka. User licences may not be
shared or used by more than one User but the Customer may freely transfer a user licence from one User
to another. Pricka reserves the right to check the number of user licences used.
Each User is responsible for the confidentiality and accuracy of login and other account information. The
Customer and/or User must inform Pricka immediately in the event of unauthorised access to login
details.
The Customer is aware that the use of the Service requires access to the Software, equipment and
communication services necessary to utilise the Services. These can be found on Pricka’s website or
communicated by Pricka upon request. - Start date of Services
Pricka shall provide the Customer with the Services from the start date by providing the latter with login
details and/or any other instructions. The Start Date occurs when Pricka has made the necessary login
details and other instructions for accessing the Services available to the Customer without requiring any
special authorisation therefrom. Additional Services may be made available at a separate time. This does
not affect the Start Date. - Limitations of the Services
In the basic version of the Services, the maximum storage per Customer is 5 GB, which approximately
corresponds to 5 million loaded transactions in a Pricka Account. Contact Pricka for a quote should you
need additional capacity. - Data processing and privacy
7.1 Processing of personal data
For Pricka, our customers’ trust is our greatest asset. This trust is based on respect and protection of
customers’ privacy. We maintain this protection by processing the information entrusted to us by our
Customers in a responsible manner.
The Customer, upon entering into this Agreement, agrees that Pricka processes and stores personal,
organisational and company data in accordance with said Agreement. Pricka is entitled to process and
store data that uniquely identifies a person, company or organisation as to be able to carry out an agreed
assignment. Pricka is entitled to publish this data within subcontracted systems/tools/cloud services used
within its own organisation.
The Customer is entitled to receive information about the data that Pricka stores regarding users and how
this data is processed. The Customer is also entitled to request rectification or erasure of this data. The
request should be sent in writing, signed or via a verified email address to Pricka. Pricka deletes all of the
Customer’s personal data unless the information is required to be retained for legal reasons.
Pricka aims to run its Services so as to avoid the destruction of information by accident or by malicious
processes. This means that information can remain in backup systems for 7 days. The account holder has
the opportunity to submit a complaint regarding Pricka’s personal data controller to the supervisory
authority (Datainspektionen) regarding data stored at Pricka.
Pricka undertakes towards the Customer to:
- only use data for internal use to fulfil contractual and legal requirements.
- not disclose data to third parties unless it is necessary to fulfil the assignment.
- only process data as per instructions from the Customer as data controller.
- adopt security measures required by Pricka by law
Data controller – SaaS
The Customer is the data controller for all data entered in the Services provided by Pricka. The Customer,
as data controller, is responsible for ensuring that information in text fields is used in a way that does not
infringe the data subject’s privacy or otherwise violate applicable laws. Pricka, as data processor, is not
authorised to process data without the consent of the Customer (data controller).
Pricka, however, is entitled as the main contractor to enter into agreements with subcontractors provided
that they comply with the rules in this Agreement.
Pricka engages the subcontractor below:
Advania Sverige AB
Pricka’s employees with authorisation to access personal data undertake to observe confidentiality when
processing such data is required to carry out the assignment.
7.2 Customer’s Data
The Customer holds all rights to the Customer’s Data and Pricka does not receive any rights – other than
what is stated in the General Terms and Conditions – to the Customer’s Data or part thereof. Pricka is
entitled to use the Customer’s Data during the agreement period to deliver the Services to the Customer.
7.3 Collection of information
Pricka may collect information from the use of the Services via automated data collection tools. Pricka
collects and uses such information for the purpose of securing, maintaining and improving products and
services and for statistics and analyses of various kinds.
7.4 Information security
Unless otherwise stated in these General Terms and Conditions, Pricka will not sell, rent, lease or
otherwise make collected data available to third parties, except in the following situations; (i) to comply
with any law, regulation or ordinance, or to respond to a legally valid request from authorities or police,
such as a court order, decision or injunction; (ii) to investigate or prevent security threats or fraud; (iii) in
the event of a reorganisation, merger, sale or purchase of all or part of Pricka, where personal information
may be disclosed as part of the reorganisation or merger or to actual and prospective purchasers. In all
such cases, Pricka will ensure that such Parties comply with the General Terms and Conditions set out
herein, and will notify the disclosure of information.
- Pricing and invoicing
Unless otherwise stated in the Agreement, fees and billing periods for the Services follow the prices
provided by Pricka from time to time.
Subscription fees are normally charged once a year in advance, unless otherwise specified. The parts of
the Services with a transaction fee, if any, are normally charged in arrears. Pricka reserves the right to
change the price of Services for future periods.
Payment terms are normally 30 days. Fees, such as the invoice fee, are charged according to the General
Terms and Conditions applied by Pricka from time to time. VAT is added to the stated prices.
Default interest is the reference rate set by the Riksbank [Swedish National Bank] plus 10 percentage
points. - Index adjustment
The fees of the Agreement are indexed once a year and in connection with a new licence period unless
otherwise agreed. The adjustment is 4%. - Term of the Agreement and cancellation
The subscription is valid from the Start Date, unless otherwise specified in the Agreement. The
Agreement is valid for 12, 24, 36, 48, 60 months, after which the period is automatically extended by the
corresponding contractual length unless either Party terminates the Agreement in writing at least ninety
(90) days before the end of the respective contractual period.
The Customer can increase the number of users at any time. The term of the Agreement as described
above also covers new users.
Termination of this Agreement, either in its entirety or of certain parts thereof or for certain number of
Users, shall be made in writing and shall be effective from the date of receipt of the termination by the
other Party. Any fees paid in advance are non-refundable. The Customer undertakes to save the electronic
receipt of the cancelled Agreement, which is always sent to the Customer by email.
Upon cancellation of the subscription, the Customer’s access to the Services will be blocked following the
last active subscription day.
The Customer may reduce the number of Users only after the initial Agreement term has expired. If the
Customer wishes to subscribe to fewer users than the total number subscribed to by the Customer, such
reduction must be notified in writing at least 90 days before the next term. The number of possible
logged-in users will then be adjusted to the new desired number of users.
If the Customer wishes to export the Customer’s Data, this must be done before the last active
subscription day. If the Customer seeks help from Pricka to get Data exported, this is done at a current
consultancy rate as per the current price list. After the last active day of the subscription, the Customer’s
Data in the Service will be deleted and it is up to the Customer to save the information by other means. - Early termination
Pricka may terminate this Agreement with immediate effect if the Customer is in arrears with the
payment of fees, is insolvent, is declared bankrupt or cannot fulfil its payment obligations for any other
reason, or if the Customer violates this Agreement. Pricka is then entitled to suspend the Services
completely with immediate effect. - Accessibility
Pricka undertakes to securely deliver the Services for the Customer. Services are normally available via
the Internet 24 hours a day, seven days a week. Pricka (and its suppliers) is entitled to take measures that
affect the above-mentioned availability, should Pricka deem it necessary for technical, service, operational
or security reasons. Planned interruptions due to system maintenance are notified to the Customer in
advance. See the Pricka website for planned operational and maintenance stops.
Unplanned downtime may occur. To the extent that Pricka is responsible for, and can influence, such
downtime, Pricka shall promptly remedy the fault. - Security
Pricka undertakes to provide secure and reliable Services and endeavours to provide adequate
administrative, physical and technical security measures at all times. Pricka undertakes to perform regular
backups to ensure the Customer’s Data security. In case of major User error, it is possible to send a
request to Pricka to restore the last backup. Data recovery comes at an additional cost. - Support
Pricka undertakes to constantly develops its products so that Customers enjoy the best possible software.
The subscription ensures that Customers have access to the latest versions of the Software and, in
addition, the right to assistance with updates for a fee according to the current consultancy rate or as
agreed.
The Customer is entitled to administrator support under the Agreement for operational problems with the
product.
Unless otherwise agreed, Pricka provides product support via the Internet, email and telephone from
Monday to Friday from 08:00 to 17:00. Support questions via email are normally answered at the latest on
the next working day. Support requests received by phone are prioritised by time of arrival.
On the day before a public holiday, Pricka reserves the right to close Support, which will be announced on
Pricka’s website.
Support refers to help with handling problems with standard products from Pricka’s product range.
Support does not include the remediation of faults in networks, operating systems or other software
provided by third parties. In other words, Support does not include Windows, MS Office, printers or email
software, etc. - Intellectual property rights
Pricka – or its licensor – is the sole owner of all intellectual property rights (IPR for short) relating to the
Services. IPR includes but is not limited to copyright, patents, trademarks, trade names, patterns and
product designs, source code, databases, business plans and know-how, whether registered or not. Any
documentation, including manuals, user guides, or other written, electronic or non-electronic descriptions
of how Services are set up and used (Documentation) is considered part of the Services hence subject to
the same restrictions. All copyright, trademarks, registered trademarks, product names, trade names or
logos appearing in the Services or in connection with the Services are the property of their respective
owners.
Pricka makes no claims to intellectual property rights, or ownership rights of any kind, to data owned by
the Customer that is transferred to the Services.
If Pricka provides products under licence from a supplier other than itself, the other supplier’s licence
terms take precedence over these General Terms and Conditions.
Services may be integrated with third-party applications, websites and services.
(”Third-Party Applications”), for the purpose of producing content, products and/or services available to
the user. These Third-Party Applications may have their own terms of use and privacy policies and their
use is governed by and subject to such terms and privacy policies. Pricka does not endorse and is not
responsible for the behaviour, features or content of any Third-Party Application or for any transaction the
user may enter into with the provider of such Third-Party Application.
If the Customer infringes Pricka’s or a third-party’s IPR, or uses the Services in a manner contrary to the
General Terms and Conditions, the Customer shall pay an amount equal to the higher of the equivalent of
the subscription fees for five years for the current licences or the actual damage. The Customer
acknowledges that Pricka may suffer irreparable damage in the event of infringement or damage to IPR,
and that Pricka or its licensors shall be entitled to use all reasonable measures to protect its commercial
interests, and its property, including all measures possible by law. The same shall apply if the Customer
has, or has attempted to find, information or data to which the Customer is not entitled under the General
Terms and Conditions. - Indemnification
Pricka undertakes to indemnify and hold the Customer harmless against claims or proceedings whereby a
third party claims that the Customer’s use of the Services, under the General Terms and Conditions, is in
breach of or infringes a third-party’s patent, copyright or other intellectual property rights. The Customer
undertakes to immediately notify Pricka of such claim. Pricka undertakes, to the extent that its liability is
engaged, to indemnify and hold the Customer harmless against all costs, charges, damages, expenses or
loss incurred by the Customer under a court-ordered settlement or judgement, including attorney’s fees,
provided that the Customer cooperates with Pricka at Pricka’s expense and that Pricka is given full control
of the legal process and/or settlement, and that the settlement releases the Customer from all liability.
Pricka may, at its sole discretion, (i) modify the Services to avoid future disputes, (ii) replace the Services
with equivalent functionality, (iii) obtain a licence for Customer’s continued use of the Services, or (iv)
terminate the Customer’s Account for the Services with a refund of any subscription fee paid in advance
for licence periods exceeding the termination date. The Customer is not entitled to assert any other claims
for infringement of third-party rights.
The above shall not apply if the Services have been used in violation of the General Terms and Conditions
or if claims arise due to modification, integration or customisation of the Services not performed by
Pricka.
The Customer undertakes to indemnify and hold Pricka harmless against claims or proceedings whereby a
third party claims that the Customer’s Data, or use of the Services is in breach of the General Terms and
Conditions, is in breach of or infringes the third-party’s patent, copyright or other intellectual property
rights, or is in breach of applicable law. Pricka undertakes to immediately notify the Customer of any such
claim. The Customer undertakes to reimburse Pricka for all costs, fees, damages, expenses or losses
incurred by Pricka pursuant to a court-ordered settlement or judgement, including attorney’s fees,
provided that Pricka cooperates with the Customer at the Customer’s expense, giving the Customer full
control of the legal process and/or settlement, and that the settlement releases Pricka from all liability. - Confidentiality
Each Party undertakes not to disclose to any third party, without the other Party’s written consent, any
information relating to the other Party’s activities which may be regarded as a business or professional
secret or which is required by law to be kept confidential (”Confidential Information”).
Each Party undertakes to ensure the compliance of its employees and consultants with the provisions
herein and ensure that the confidentiality of the Agreement is respected by means of a confidentiality
agreement or other appropriate measures.
The Party’s obligation of confidentiality under the Agreement applies during the term of the Agreement
and also for a period of five (5) years after the termination of the Agreement. - Warranty and warranty limitations
Pricka warrants that the Services will perform substantially as described. The Customer and Pricka agree
that the Services and the delivery thereof are not completely free of errors and that Service
improvements are an ongoing process. The Customer acknowledges that Services are provided on an ”as
is” basis and are used at the Customer’s own risk.
Pricka does not warrant (i) that Services will meet the Customer’s requirements, (ii) that they will operate
correctly with the Customer’s choice of equipment, systems or settings, (iii) nor that they will be
uninterrupted or error-free. The Customer undertakes to ensure that third-party software such as
browsers, PDF readers, toolbars, anti-virus software and firewalls are correctly installed and allow traffic to
websites referred by Pricka. Furthermore, it should be noted that use of the Internet to use the Services is
not installed, maintained or established by Pricka, and that Pricka has no control over the Internet. Pricka
is not responsible for any interruption or disruption in the operation of any part of the Internet, nor is
responsible for any regulation of the Internet. Pricka undertakes to adopt all reasonable and appropriate
measures to remedy and avoid such events. Pricka, however, does not guarantee that interruptions will
not occur. Pricka is not responsible for the performance of Internet services or how Internet Service
Providers perform their services. If Services do not perform in accordance with the above limited
warranty, Pricka undertakes to correct any identified errors or deficiencies in the Services at its own
expense. Pricka undertakes to remedy reported errors in the Services that seriously affect the functioning
of the Services as soon as possible. However, Pricka reserves the right to decide when and how an error is
to be corrected and when and how an action is to be carried out. Pricka undertakes to remedy errors that
do not seriously affect the Customer’s use of the Services and/or the functioning of the Services, at the
earliest with the next official release of the Services.
Services are provided on an ”as is” basis and neither Pricka nor any of its licensors provide any warranty,
express or implied, of fitness for a particular purpose or capacity for system integration. No
representations other than those specifically set out in the General Terms and Conditions have been made
in respect of the Services, and the Customer shall not rely on any representations not expressly set out in
the General Terms and Conditions.
If any part of the General Terms and Conditions is found to be invalid, in whole or in part, this shall not
affect the validity of the other provisions. In such cases, the provision in question shall be replaced by a
provision which, as far as possible, fulfils the objectives of the original provision. - Limitation of liability
Pricka is in no case responsible for the content or ownership of the Data.
Pricka is in no case responsible for any Data Processing instructions or other actions performed by the
Customer’s Users.
If Pricka is held liable for the payment of compensation to the Customer as a result of a breach of any
obligation arising from the General Terms and Conditions, such compensation shall under no
circumstances include compensation for indirect loss or consequential damage, or damages of any kind
arising from, or as a result of, such breach of contract, including but not limited to any loss of Data, loss of
production, loss of revenue or profit, or third-party claims or governmental decisions, even if the
Customer has been informed of the risk of such damages. Pricka’s liability under the General Terms and
Conditions is limited to direct damage, except where otherwise provided by mandatory law, such as in the
case of damage caused by gross negligence or wilful misconduct. All refunds and compensation for direct
damage, losses and costs in any 12-month period shall never exceed an amount equal to 12 months of
Subscription fees for the Services in the same period. Nor can such reimbursement or compensation
exceed one price base amount in accordance with Chapter 2, Section 6 of the Social Security Code.
Neither Pricka nor the Customer shall be liable for any delay or interruption in its obligations caused by, or
arising from, a force majeure event, such as earthquake, riot, labour dispute and other events similarly
beyond the control of Pricka or the Customer.
Force majeure events include (i) changes of legislation, ordinances or regulations relating to the Services
or the delivery thereof, or (ii) the enactment of new legislation, ordinances or regulations after the Service
has been made available on the market, which prevent Pricka from fulfilling instructions from the
Customer or Pricka’s obligations under the General Terms and Conditions, and/or which require the
Service to be suspended, in whole or in part, for a certain time or for an indefinite period of time. Pricka is
in no case liable for any force majeure event. In such cases, the Customer will be reimbursed for the
prepaid Subscription fee for the Service affected from the month following the suspension of the Service
due to the force majeure event. Beyond this, the Customer is not entitled to make further claims against
Pricka. Although Pricka undertakes to exercise due diligence to ensure the secure transmission of
information between the Customer and the Services, the Customer recognises that the Internet is an open
system and that Pricka cannot and does not guarantee that third parties cannot obtain or modify the Data
or the Transmission. Pricka bears no liability for such inadvertent misuse, disclosure or loss of Data.
Notwithstanding paragraph 18 above, the limitation of liability does not apply to compensation under
paragraph 15. - Force majeure
Pricka is exempt from penalties for failure to fulfil certain obligations under this Agreement if the failure is
due to circumstances beyond Pricka’s control and which Pricka could not reasonably foresee or avoid,
such as war, government action, new or amended legislation, conflict in the labour market, trade or
currency restrictions, blockade, fire, flooding or similar circumstances, as well as errors or delays in
deliveries from subcontractors. - Code of conduct
Each Party has its own code of conduct and ethical guidelines. The Parties agree to conduct their activities
in full compliance with their respective codes of conduct. - Contracting parties and applicable law
The rights and obligations of the Parties shall be governed in their entirety by Swedish law. Any dispute
concerning the interpretation of the General Terms and Conditions or the use of the Services shall be
resolved by the Parties by amicable settlement. If the dispute cannot be resolved in this way, the dispute
shall be settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of
Commerce (the Institute). If the value of the dispute does not exceed SEK 100 000, the Institute’s Rules for
Simplified Arbitration shall apply. If the value of the dispute exceeds SEK 100,000, the Arbitration Rules of
the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. If the value of the dispute
lies between SEK 100,000 and SEK 1,000,000, the arbitral tribunal shall consist of one arbitrator. If the
value of the dispute exceeds SEK 1,000,000, the arbitral tribunal shall consist of three arbitrators. The
value of the dispute includes the claim of the plaintiff in the writ of summons and any counterclaims in
the defendant’s response to the writ of summons. - Definitions
User: a natural person, typically an employee of the Customer, who is authorised by the Customer to use
the Service for the Customer’s own internal business purposes.
User Account: common term referring to the Customer’s Users, Data and other information relating to the
Customer’s use of and access to the Services.
Data: any data transmitted by the Customer to or from the Service when the Customer uses the Service
for the purpose of being processed by the Service.
Data Processing: any action or series of actions or other use of Data by Pricka under the Customer’s
instructions or otherwise for the purpose of delivering Services to the Customer.
Customer: the legal or natural person specified on the invoice from Pricka and who enters into an
agreement with Pricka under the General Terms and Conditions.
Start Date: The date on which delivery of the Services shall begin in accordance with what is stated in the
Agreement by Pricka providing login details or other instructions for the Customer to be able to access the
Services.
Additional Service(s): Separate individual functions or functional packages that can be used by the
Customer, typically at a separate charge per transaction.