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Introduction
The terms below apply to agreements made with Reseguiden (www.orbville.com, www.reseguiden.se, www.orbiville.nl and www.orbville.no). The term 'client' here refers to the person who gives Reseguiden the assignment of supplying the relevant electronic service. The term 'user' refers to the person who uses the relevant service. When reference is made to what was specifically agreed, this refers to the written agreement between the parties. |
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Reseguiden's obligations, etc.
Reseguiden undertakes to supply the relevant service in a professional manner in accordance with what was specifically agreed between the parties and to ensure that only information transferred by an authorised sender is included in the service. Reseguiden undertakes to keep the service available during the period specifically agreed between the parties. However, during this period Reseguiden is entitled to take measures that affect the availability of the service if required for technical, maintenance, operational or safety reasons. These measures shall be implemented rapidly and in such a way that disturbances are limited. If the measures are estimated to take more than thirty minutes during normal office hours, Reseguiden shall inform the client no later than 7 days before such measures are due to be taken. |
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The client's obligations
The client undertakes to supply the service in accordance with what was specifically agreed and to fulfil the requirements for transfer of information specifically agreed. The client undertakes to ensure the service fulfils the requirements agreed between the parties, including the requirements as per point 8 below. The client undertakes to pay any fees due. The client undertakes not to make unauthorised use of resources or unauthorised attempts to gain access to Reseguiden's system. |
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Changes to the service
Reseguiden is entitled, without informing the client in advance, to execute changes to the service that do not reasonably involve inconvenience for the client. Reseguiden is also entitled to execute other changes to the service three months after the client has been informed of the change. In the latter situation, the client is entitled, no later than the change actually coming into force, to terminate the service on the date on which the change comes into force. |
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Information for users
The client must provide the user with information on their identity and the scope to which any information received will be available to other users. |
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Payment
Charges and payment terms will be agreed separately. |
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The risk involved in information management
Reseguiden is not responsible for any loss or corruption of information transmitted electronically through the service, provided Reseguiden has not been guilty of negligence. In the event of negligence, Reseguiden's indemnity liability shall be limited to direct losses per agreement year to a total sum of 6 months of charges for the service, but not exceeding twice the base amount applicable at the time of the damage as per the Swedish Social Security Act [1962:381]. This limit does not apply if Reseguiden has acted wilfully or been grossly negligent. The client may not impose a sanction as above unless he informs Reseguiden within 60 days of having noticed or having ought to have noticed the basis for the claim. Reseguiden is not obliged to backup the information transferred from the client to Reseguiden. Reseguiden shall store information from users if agreed specifically. If users can submit information to the service, Reseguiden shall store such information if this has been specifically agreed. |
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Responsibility for the content of transmitted information
The client is responsible to Reseguiden for information that is transferred to the service not contravening the law or constituting an infringement of copyright or the rights of a third party. The client is obliged to supervise the service as required with reference to the relevant legislation. In order to be able to fulfil its obligation as per the law to prevent continued distribution of information in the service that contravenes the law or the rights of a third party, Reseguiden is entitled to immediately read messages that occur in the service. Reseguiden is obliged to inform the client if Reseguiden deletes information. |
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Restriction of access
If the use of the service leads to damage or the risk of damage for Reseguiden, Reseguiden is entitled to prevent or restrict access to the service. The client must be informed of this as soon as possible. Reseguiden is entitled to prevent users from using the service when the user has submitted information in contravention of the relevant legislation or, where applicable, the rights of a third party. |
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Reseguiden's responsibility for faults
Reseguiden is responsible for faults in the service that consist of the service deviating from what was specifically agreed, unless the deviation is insignificant. Reseguiden is not responsible for faults caused by Reseguiden exploiting its rights as per points 2, 4, 8 and 9. The client must complain about faults in the service within a reasonable period once a fault has been discovered or ought to have been discovered. Reseguiden is obliged and entitled during normal working hours to remedy faults in the service at its own cost if the fault can be remedied. If the client is affected by damage as a result of the fault, Reseguiden is responsible for this if Reseguiden has been negligent. Reseguiden's indemnity liability shall be limited to direct losses per agreement year to a total sum of 6 months of charges for the service, but not exceeding twice the base amount applicable at the time of the damage as per the Swedish Social Security Act [1962:381]. This limit does not apply if Reseguiden has acted wilfully or been grossly negligent. Sanctions as above must be asserted no later than 60 days after the client discovered or ought to have discovered grounds for the claim. |
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Reseguiden's limitation to liability
Reseguiden cannot be held responsible for the service over and above that stated above. |
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The client's indemnity liability
The client is obliged to fully compensate Reseguiden for demands from a third party as a result of information that the client is responsible for as per point 8 above. The indemnity liability is otherwise limited to direct losses per agreement year at a total sum of 6 months of charges for the service, but not exceeding twice the base amount applicable at the time of the damage as per the Swedish Social Security Act [1962:381]. This limit does not apply if the client has acted wilfully or been grossly negligent. Sanctions as above must be asserted no later than 60 days after Reseguiden discovered or ought to have discovered grounds for the claim. |
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Termination and cancellation
Reseguiden is entitled to stop the supply of the service immediately or terminate the agreement in writing if the client has significantly violated the agreement, delays payment of due charges and has not paid the charge within 10 days of a reminder or if the client is declared bankrupt or is otherwise insolvent. The client is entitled to terminate the agreement in writing if Reseguiden has significantly violated the agreement and has not remedied the situation within 14 days following a request for such action or if Reseguiden is declared bankrupt or is otherwise insolvent. |
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Force majeure
A party is not responsible for damages resulting from circumstances beyond that party's control, such as lightning strikes, labour conflict, fire, confiscation, official decisions and faults or delays to services from sub-suppliers due to circumstances as specified above. These factors thus constitute the basis for exemption from performance and sanctions. |
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Confidentiality
The parties must observe a duty of confidentiality and not reveal, or otherwise make available to third parties, information that the party has received from the other party to the agreement. Reseguiden must not reproduce information from the service use log for any third party unless required by the user. The duty of confidentiality does not apply to such information that the party can show it was familiar with in any way other than as a result of the assignment or which was in the public domain. The duty of confidentiality does not apply when the party is obliged by law to reveal information. The duty of confidentiality continues to apply even after the agreement ceases. |
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Transfer of the agreement
The client may not transfer the agreement without the permission of Reseguiden. |
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Messages
Reseguiden's announcements or other messages as per this agreement can be regarded as valid if they are submitted to the client by fax or electronic mail. |
