1. Parties
Prisjakt Sverige AB, org. nummer 556665-1799 (”Prisjakt”);
and Customer.
Prisjakt and Customer may below jointly be referred to as “Parties” and
individually a “Party.”
2. Background
Prisjakt provides a comparison service on its website (www.prisjakt.nu) as well as
on mobile applications and other channels controlled by Prisjakt (“Comparison
Service”). Based on data collected on the Comparison Service, Prisjakt has
launched an Insights newsletter service (“Prisjakt Insights Newsletter”) that
compiles data published on the Comparison Service (but is not limited to the
Comparison Service as its only data source). Customer has decided to subscribe to
Prisjakt Insights Newsletter. On this background the Parties have decided to enter
into this newsletter subscription agreement (“Agreement”).
3. Scope of Agreement and Interpretation
The Customer wishes to purchase from Prisjakt, and Prisjakt wishes to provide to
Customer, the Prisjakt Insights Newsletter with the content as set out in, and at
the prices and the terms as specified in, this Agreement.
The Parties have agreed that the Agreement consists of the following documents:
(a) This main body document with the heading “Newsletter Subscription
Agreement”
(b) Appendix 1, General Terms and Conditions for Prisjakt Insights Newsletter
(c) Appendix 2, Prisjakt’s price list for Prisjakt Insights Newsletter, as applicable
from time to time.
In case of any deviation between this Agreement and any of the appendices, the
provisions of this main body document with the heading “Newsletter Subscription
Agreement” shall prevail, followed by the appendices in chronological order as
listed above.
4. Newsletter content
Customer has chosen to subscribe to the Prisjakt Insights Newsletter with the
content as chosen by the Customer within the Business Center from time to time.
Customer accepts that Prisjakt may change or discontinue the availability of some,
or all of, the products and/or categories of Data at any time for any reason with or
without notice. Customer also accepts that Prisjakt may impose limits on certain
features, products and/or categories of Data. If so, Prisjakt and Customer shall
discuss an adjustment of the fees to be paid by Customer under this Agreement to
reflect such changes.
Newsletter delivery
Prisjakt shall send the Prisjakt Insights Newsletter on a weekly basis to the e-mail
address(es) provided by Customer within the Business Center from time to time.
5. Fees
The monthly fees to be paid by Customer for receiving the Prisjakt Insights
Newsletter are set out in the price list, Appendix 2, as applicable from time to
time.
Customer shall pay the monthly fees though the payment method chosen by
Customer within the Business Center from time to time.
6. Term
This Agreement takes effect when accepted by Customer and will continue to be in
force until terminated. Customer is free to terminate the Agreement at any time.
For the avoidance of doubt, Prisjakt can terminate the Agreement at any time in
accordance with the General Terms and Conditions for Prisjakt Insights Newsletter,
Appendix 1.
Appendix
1.
General Terms and Conditions for Prisjakt Insights
Newsletter
1. Prisjakt Insights Newsletter
1.1. Prisjakt Insights Newsletter is a subscription service. By subscribing to Prisjakt
Insights Newsletter Customer receives Newsletter with updates based on the
categories of data and/or products that Customer has chosen to subscribe to
within the Business Center from time to time (the “Data”). The Data will be
collected by Prisjakt and sent to Customer in the form of e-mail newsletters.
1.2. The information within the Prisjakt Insights Newsletters consists of compiled and
repackaged publicly accessible Data. The Data may be adjusted by Prisjakt during
the Contract Period, meaning that Prisjakt can add new data points as well as take
away data.
2. Price and payment terms
2.1. The billing cycle for Prisjakt Insights Newsletter is one (1) month (“Billing Cycle”).
2.2. The monthly fee for the Prisjakt Insights Newsletter in accordance with Prisjakt’s
price list for Prisjakt Insights Newsletter as applicable from time to time ("Monthly
fee") will be charged to the Customer once each Billing Cycle.
2.3. Customer can select payment method in the Business Center. As described in
sections 2.4.-2.5. the payment methods include a) invoice and b) debit/credit card.
2.4. Invoice
Prisjakt sends Customer an invoice for the Monthly Fee on the first bank day of the
Billing Cycle. The invoice shall be paid within thirty (30) days from the invoice
date.
2.5. Debit/credit card
Prisjakt charges the Monthly Fee to Customer’s debit/credit card on the first bank
day of the Billing Cycle.
2.6. Irrespective of the chosen payment method, if Customer fails to pay the Monthly
Fee a penalty interest will be charged corresponding to the reference rate of
interest, with a supplement of 8.0 percentage points. Prisjakt reserves the right to
forward debts to a third party for collection and to shut down the access to Prisjakt
Insights Newsletter with immediate effect in the event of late payment or non-
payment.
2.7. Prisjakt reserves the right to adjust the price list and these General Terms and
Conditions for Prisjakt Insights Newsletter if and when needed. Customer will be
informed about any price changes or other changes made, no less than thirty (30)
days before they come in to effect. By continuing to use Prisjakt Insights
Newsletter after the change has been implemented, Customer is deemed to have
approved the changes.
2.8. Any complaints regarding an invoice shall be presented within thirty (30) days of
the date of invoice. The disputed part of an invoice is due thirty (30) after the date
when the dispute was resolved, unless otherwise has been specifically agreed
between the Parties. Remaining, undisputed parts of the invoice shall be paid as a
regular invoice.
3. Prisjakt’s undertakings and disclaimer
3.1. Prisjakt undertakes to provide Prisjakt Insights Newsletter to Customer in
accordance with what is set forth in this Agreement.
3.2. Customer is aware and accept that Prisjakt does not commit to, or provide any
warranties regarding the quality, security, reliability, availability or performance of
the Data. Accordingly, notwithstanding what is set out in Prisjakt’s Technical
Documentation or other descriptions of the Data’s function where the Data is
provided, Customer cannot expect that the Data is error free, free from security
issues, updated, or a suitable data source for the products or services that
Customer intend to use.
4. Customer’s undertakings
4.1. Customer has the right to use the Data delivered by Prisjakt under this Agreement
internally and can also refer to it in external communication. However, Customer
does not have the right to share the Data externally and/or publicly nor
commercialize on the Data by reselling it or equivalent. To the extent Customer
refers to the Data in its external communication, Customer must state the origin,
i.e. that the data comes from Prisjakt. In case of doubt Customer shall contact
Prisjakt in which case Prisjakt may or may not grant approval of the external usage
of Data.
4.2. Customer undertakes not to use, or show any intention to use, Prisjakt Insights
Newsletter or the Data for any products, functions or services which facilitate
illegal pricing arrangements with third parties.
4.3. Furthermore, Customer undertakes not to use Prisjakt Insights Newsletter or the
Data for products, functions or services could harm Prisjakt’s business as a
shopping, price and product comparison service.
5. Intellectual property rights
5.1. This Agreement does not imply any transfer of intellectual property rights.
Prisjakt’s rights to the compiled Data and Prisjakt Insights Newsletter thus remain
with Prisjakt and Customer's right to use it is limited to what is explicitly stated in
this Agreement.
6. Liability
6.1. A Party that causes the other Party loss by way of a breach of this Agreement is
liable to compensate the other Party for the direct loss the other Party thereby
incurs. Compensation for indirect loss is not payable provided the breach is not
intentional or the result of gross negligence.
7. Term and termination
7.1. This Agreement takes effect when signed by Customer and will continue to be in
force until terminated. Customer is free to terminate the Agreement at any time
and Customer will continue to have access to Prisjakt Insights Newsletter through
the end of the Customer’s Billing Cycle.
7.2. Notwithstanding what is set forth in section 7.1. above, a Party can terminate an
Agreement with immediate effect if the other Party:
materially breaches the Agreement and fails to rectify such within seven (7)
days of receipt of a written notification to do so);fails to make payments as these falls due for payment, if nothing else has
been agreed in writing; oris taken into receivership, enters into composition negotiations with
creditors, enters into liquidation or otherwise can be presumed to be
insolvent.
8. Force majeure
8.1. If a Party is prevented from fulfilling its part of the Agreement as a result of
circumstances beyond that Party’s control and which that Party could not
reasonably have foreseen on entering into this Agreement and the consequences
of which could neither be avoided or overcome (“Force majeure”), then these
shall constitute grounds for relief that entail the postponement of the point in time
at which performance is to take place.
8.2. Force majeure events include war, act of war, import or export ban, natural
catastrophe, restrictions in public communications or energy supply, the restrictive
decision of a public authority, labour-market conflict, blockade, fire, extensive loss
or damage to property or accident of greater extent or other similar event.
8.3. If a Party wishes to invoke grounds for relief pursuant to the above provision, this
Party shall inform the other Party without delay and thereupon set out the
circumstance giving grounds for relief. Notwithstanding what is stated above on
grounds for relief, the other Party is entitled under the stated circumstances to
terminate the Agreement with immediate effect if the other Party’s performance of
a certain obligation is delayed by more than one (1) month. If a Party invokes
grounds for relief, the Parties shall immediately fulfil their obligation under this
Agreement when the circumstances founding the grounds for relief, and that
constitute a hinder to performance, cease to exist.
9. Miscellaneous
9.1. Notices under this Agreement between the Parties shall be sent by e-mail or letter
to the respective Party and shall be deemed to have reached the recipient when
received and for an ordinary letter when three (3) working days have elapsed.
9.2. If any part of the Agreement shall contravene, for any reason, applicable law or
other regulation, the remaining parts of the Agreement shall remain valid and
binding upon the Parties.
9.3. Prisjakt is entitled wholly or partly to assign its obligations or rights under this
Agreement between the Parties to another company in the same company group
as Prisjakt.
9.4. Where relevant, a later version of these General Terms and Conditions shall
prevail over an earlier version.
10. Confidentiality
10.1. The Parties shall consider and treat all written, verbal and data-based information
provided under the Agreement as confidential and undertake not to divulge such
to third parties, unless subject to law. The Parties undertake to ensure that their
employees, any personnel engaged, advisors and similar are subject to a
corresponding confidentiality undertaking.
11. Disputes
11.1. The Parties’ rights and obligations pursuant to this Agreement are governed by
Swedish law.
11.2. A dispute arising out of this Agreement or the General Terms and Conditions shall
finally be settled by arbitration in accordance with the Rules for Expedited
Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
The seat of the arbitration shall be Stockholm and the language to be used in the
arbitral proceedings shall be Swedish. The arbitral proceedings and all
documentation and information related to this shall be subject to confidentiality.