Terms & Conditions
TERMS AND CONDITIONS
These general conditions apply between GoalEnvision Strategy Solution AB (hereinafter the "Supplier") and the Party (hereinafter the "Customer") and the legal entity that approved the Agreement (hereinafter referred to as the "Customer". The Supplier and the Customer are referred to below individually as the "Party" and collectively as the "Parties".
The agreement: these general terms and conditions with contractual documents which appear in the list below, point 5, as well as appendices added during the term of the agreement which constitute additions or changes to the Agreement that have been agreed in a competent order or update of these general terms and conditions according to point 6.
Administrator : the administrator appointed by the Customer for the Customer Account.
User: the users registered by the Customer for the Service who are employees/consultants/members of the Customer's organization.
Fee: fee for the Service appears in the Supplier's price list in effect at any time for the respective subscription and is paid by the Customer to the Supplier in advance monthly.
GoalEnvision: refers to a digital system support for goal management and strategy provided by the Supplier.
Customer account: the account created on the GoalEnvision website by and for the Customer when registering for the Service and contains Administrator/s and Users.
Special agreement: these general terms and conditions contain general provisions that apply to all Customers. In the event that the Parties, in a competent order, in a specially drawn up document, agree on contractual terms that conflict with one or more provisions herein, the special agreement shall have priority in interpretation and application. Special provisions take precedence over general provisions.
The service: refers to the functions that GoalEnvision includes and is provided within for each subscription by the Supplier.
- Scope of the service
GoalEnvision is digital system support for goal management and strategy. The purpose of the Service is to assist the Customer in formulating, communicating and implementing business strategies.
The supplier guides the customer through each step in creating a strategic plan. The customer receives help in setting relevant smart goals and understanding how these goals create a common goal image that unites the business.
The customer also gets help formulating a powerful vision and a concrete business idea.
4 . Conditions
When the Customer registers an account on the Supplier's website, the Customer must enter an e-mail address and a password, select a payment method and approve the terms and conditions of the Service in effect at any time before an account is created, whereupon an agreement is entered into between the Parties in connection with the Customer's acceptance of the general conditions.
The customer undertakes to keep his customer account updated and up-to-date during the contract period. The customer must notify changes as soon as possible by updating their account information.
- Contract documents
The agreement covers all documents in the list below
- i) Supplier's privacy protection policy
- ii) These General Terms and Conditions
iii) Personal data service agreement, Appendix 1.
- iv) Where applicable, the Parties' Special Agreements
In the event of duplicate and/or conflicting provisions in the Agreement, the provisions in the contractual documents shall be applied in the order stated above. Special agreements entered into in a competent order take precedence over general provisions. Later agreements that were added in a competent order take precedence over earlier agreements.
The Agreement constitutes the Parties' complete regulation of their respective rights and obligations towards each other within the framework of the Service and this Agreement.
- Processing of personal data
The supplier is in some cases the personal data controller and in other cases the personal data processor for the processing of personal data within the framework of this Agreement and for the Services.
The supplier's processing of personal data as a personal data processor is regulated in the personal data processor agreement, appendix 1. In the personal data processor agreement, "Personal data controller" refers to the Customer and "Personal data processor" refers to the Supplier.
The Supplier's processing of personal data as a personal data controller is described in the Supplier's privacy protection policy, which is available at https://goalenvision.com/sv/privacy-policy .
- Price and payment
Applicable Fees are shown in the Supplier's price list valid at any time and are charged in advance. All amounts are stated in SEK excluding VAT.
The customer can choose to pay the Fees by card payment or invoice.
When paying Fees via credit card, payment is made through Recurly , a company that handles online verification of credit cards in a safe, fast and easy way. When the customer has filled in their card details, the account card number is encrypted immediately. Communication to the Recurly server is via an encrypted direct connection. When the customer's information is then sent to the bank, the bank's security system is used. If the Customer chooses to pay for their purchase via their Internet bank, the Customer's data is protected by the bank's security system regardless of whether the Customer purchases with their certificate/PIN code, their debit card with their security box or with their Smart Card/one-time code. For more information on card payment, refer to Recurly , www.recurly.com.
When paying the Fee via invoice, the Supplier applies a payment deadline of ten (10) days.
In the event of late or non-payment, the Supplier has the right to charge late payment interest corresponding to the reference interest rate according to the Interest Act (1975:635) as well as the right to compensation for payment reminders, debt collection claims and installment plans according to the applicable rate at any time in accordance with the law (1981:739) on compensation for debt collection costs.
The customer must be responsible for all costs, expenses and fees that he incurs as a result of his fulfilling his obligations under this Agreement towards the Supplier or third parties.
The customer does not have the right to withhold payment of a fee in light of set-off claims, counterclaims or claims for deductions.
Unless otherwise specifically agreed, the applicable prices and fees are fixed during the contractual period specified in the Agreement. However, the supplier has the right to adjust agreed prices for the Services in connection with each turn of the year.
- Liability and limitation of liability
The supplier is responsible, with the limitations stated below, for damage that occurs due to errors in the Service.
It is the responsibility of the Customer to store copies of all data and information contained in the Customer Account. The supplier is not responsible for the storage and preservation of data contained in the Customer account and, accordingly, cannot be held responsible if such data is lost. The Supplier undertakes no responsibility whatsoever to store or save the Customer's data/information in the Customer Account after the Agreement has ended.
The supplier is not responsible for third parties' use of the Service nor for consequences thereof.
The Supplier is not responsible for damage caused by (i) third-party product or (ii) modifications or changes to the Service made by someone other than the Supplier.
The supplier is not responsible for the Customer's performance of its services or third parties and cannot be held responsible for the Customer's possible breach of contract, errors or deficiencies. This means that the Supplier is under no circumstances liable for, for example - but not limited to - damage caused by the Customer, errors and deficiencies in information or recommendation, or non-fulfillment of its obligations according to an agreement, law, or authority regulations as a result of the Customer's use of the Service.
In the event of an error in the Service, the Customer must report the error to the Supplier immediately and no later than one (1) week from the time the error was discovered. The complaint must contain information about the fault in question, its scope and documentation to support the fault in question and, where applicable, information about how this affected the Customer.
In the event of an established fault and a correctly executed complaint from the Customer, the supplier must remedy the fault without unreasonable delay where this is practically possible. However, the Supplier's responsibility for correcting errors does not apply if (i) the remedy would entail inconvenience or costs for the Supplier that are unreasonably large in relation to the significance of the error for the Customer; or (ii) the error is of trivial importance. The supplier's responsibility for errors in the Services is limited to what is stated above in this point 8.
The Supplier is not responsible for damage unless the Customer notifies the Supplier in writing of the damage no later than thirty (30) days after the Customer discovers, or fails to discover, the relevant damage or loss.
The supplier is not responsible under any circumstances for the Customer's loss of profit, revenue, savings or goodwill, loss due to business interruption, loss of data, the Customer's possible compensation obligation towards third parties or indirect damage or consequential damage of whatever kind it may be.
The Supplier's combined and total liability under the Agreement regarding one or more events (regardless of whether these are related to each other or not) shall in no case exceed an amount corresponding to fifteen (15) percent of the amount paid by the Customer during the twelve-month period immediately preceding the damage to the Provider for the Services.
- Intellectual Property Rights
All intellectual property rights, including, but not limited to, copyright, trademarks, patents, images, videos, design and pattern rights, company rights, database rights and know-how that (i) are provided or otherwise made available to the Customer by the Supplier or others within the scope of the Services or (ii) otherwise arising within the framework of the delivery of the Services ("IPR"), including, but not limited to, software, source code, documents, texts, images, layouts, designs, programs, data, information, reports, matrices, definitions regarding target groups and other information on and relating to advertising accounts and other material and knowledge is and remains the exclusive property of the Supplier.
During the term of the agreement, the Supplier grants the Customer a non-exclusive, non-transferable, non-sublicensable limited right to use the IPR solely within the Customer's own business and solely for the purpose for which the IPR in question was made available to the Customer in accordance with the Agreement. The customer does not have the right to fully or partially (i) modify or duplicate the IPR, (ii) translate, decompile , disassemble or create derivative works based on the IPR or (iii) assign, rent, lend or otherwise redistribute the IPR.
For any third-party products and open source software included in the Services, instead of what is stated above, what is stated regarding use in the license conditions for such third-party product and open source software applies instead. The customer is responsible for ensuring that the aforementioned license conditions are complied with by the customer.
The Customer does not have the right to use the names, trademarks or company names used and/or provided by the Supplier on the Supplier's website, in the Service or in any other way.
All intellectual property rights linked to the Service - including but not limited to - systems, the Supplier's website, general information, design and articles, brand, remain exclusively the Supplier's or a third party that owns the relevant right.
Material, documentation or other information provided to the Supplier may not, without the Supplier's consent, be used for a purpose other than that for which it was handed over.
The customer undertakes not to infringe these rights and is aware that a violation of this provision may lead to legal sanctions.
This clause 9 applies even after the Agreement has ceased to apply between the Supplier and the Customer.
- Force Majeure
Force majeure means unusual, unforeseeable and unavoidable events beyond the Party's control. Force majeure are events which the respective Party could not reasonably be expected to have anticipated when entering into the agreement and the consequences of which it could not reasonably have avoided or overcome, including but not limited to war, threat of war, riot, civil disobedience or strike, official action, newly added or changed legislation, act of terrorism, natural or industrial disaster, widespread infection, pandemic, fire, severe weather conditions, floods, disruption of IT infrastructure, loss or destruction of large-scale data or property of significant importance, technical problems and conflict in the labor market which may also include labor dispute involving third party or other unforeseen event beyond Party's control.
In the event of force majeure, the respective Party is free from liability for damages or other penalties, in the event of impossibility to fulfill its contractual obligations.
A party that wishes to invoke force majeure as a basis for exemption shall without delay notify the other Party in writing of its occurrence, as well as of its termination. A party that fails to do so loses the right to invoke force majeure.
Regardless of what otherwise applies under these general conditions, each Party may terminate the Agreement by written notice to the other Party if force majeure persists for a period exceeding three (3) months.
- Contract period and termination
The Agreement applies until further notice from the time the Agreement was entered into in accordance with point 4 of these general terms and conditions.
The parties may at any time terminate the Agreement to cease to apply one (1) month from the date of termination. Termination must take place in writing according to point 14 below.
The Supplier has the right to terminate the Agreement immediately if the Customer breaches, or can be assumed to breach, the Agreement, at any time valid instructions for the Service, or applicable laws/authority regulations or otherwise misuses the Service in violation of the Supplier's instructions and instructions or the purpose of the Service otherwise. The supplier also has the right to terminate the Agreement immediately if the Customer does not make payment on time according to p. 7 above or fails to pay at all.
Each of the Parties shall have the right to terminate the Agreement with immediate effect in the event that the other Party is declared bankrupt, enters into settlement negotiations, goes into liquidation or becomes insolvent.
Upon termination of the Agreement, the Agreement ends immediately and the terminating Party has no liability whatsoever to the erring Party.
The Supplier has the right (notwithstanding what is stated in point 8) to indicate the Customer as one of its customers in its marketing and then also has the right to refer to the scope and content of the Services and to use the Customer's company name and brand.
In addition to this, neither Party has the right to use the other Party's name or trademarks/logos for marketing products and services.
Termination or other notices due to this Agreement must be sent by e-mail to the other Party's e-mail address. The message shall be deemed to have reached the recipient upon receipt of confirmation that the e-mail message has been received.
For the Supplier, notification must be sent to: firstname.lastname@example.org
For the Customer, mail must be sent to the email address that the Customer registered when registering for the Service according to point 4 of these general terms and conditions, or to the address last registered by the Customer on the Customer Account, alternatively to the Administrator's registered email address.
- Assignment and changes/additions
The Party is not entitled to fully or partially assign its rights and/or obligations under the Agreement without the other Party's prior written consent. However, the Supplier has the right to freely assign the right under the Agreement to receive payments from the Customer without the Customer's consent.
To be valid between the Parties, additions and changes to the Agreement must be drawn up in writing and confirmed by both Parties. However, the Supplier has the right to unilaterally implement changes to these general terms and conditions and to make annual price adjustments to the Fees.
- Choice of law and dispute resolution
Swedish law shall apply to the Agreement. Disputes arising in connection with this Agreement shall be settled in the general court where the Supplier has its registered office.
The Website and Service are provided by GoalEnvision Strategy Solution AB, org no. 559078-0697 .