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General terms and conditions

 

GENERAL TERMS AND CONDITIONS E-BOOK

1. DEFINITIONS

In these General Terms and Conditions, the following terms shall have the following meanings.

“Agreement” means the Agreement between the Parties relating to the Services including these General Terms and Conditions;

“E-Account Book” means FinReg Solutions AB, org nr 556939-3308;

“Website” means the website of E-Account Book, www.eaktiebok.se;

“Customer” means the limited liability company that has entered into the Agreement with E-aktiebok;

“Party” means the Customer or E-aktiebok individually;

“Parties” means the Customer and E-aktiebok jointly;

The “Services” means the services relating to the Customer’s share register which E-aktiebok provides to the Customer via the Website and which are further described on the Website and in these general terms and conditions;

“Annual Fee” means the annual fee payable by the Customer under the Agreement;

2. CONCLUSION OF THE AGREEMENT

The Agreement is entered into by the Customer registering for the Services via the Website and thereby accepting these general terms and conditions. The Agreement begins with a one-month free trial period.

3. E-ACCOUNT BOOK COMMITMENTS

E-aktiebok undertakes to provide the Services to the Customer in accordance with the terms of the Agreement.

Where, as a result of providing the Services, E-aktiebok processes personal data provided by the Customer, this shall be done solely for the purpose of providing the Services and otherwise in accordance with the written instructions provided by the Customer.

It is noted that the shareholders of the Customer who wish to access the information available to shareholders in the Services (see detailed description on the Website) register as users with E-sharebook.

4. SECURITY OF PERSONAL DATA

E-aktiebok undertakes to take the necessary technical and organisational measures to protect the personal data provided by the Customer and processed to a level that is appropriate taking into account the sensitivity of the personal data, the specific risks involved, the technical possibilities and the costs of implementing the measures. E-aktiebok undertakes to ensure that the personal data are protected against any kind of unauthorised processing, such as alteration, destruction or unauthorised access and disclosure. E-aktiebok may not disclose personal data or other information about the processing of personal data for any purpose other than the performance of the Services and in accordance with the Agreement.

E-Account Book’s Personal Data Processing Agreement Policy and Privacy Policy form an integral part of the Agreement

5. CUSTOMER’S USE OF THE SERVICES

The Customer is aware that under the Companies Act (2005:551), the Customer’s Board of Directors is responsible for maintaining, preserving and keeping available the Customer’s share register.

The Customer is responsible for the information provided in the Services and for the compliance of the Customer’s individual users with the provisions of the Agreement.

The Customer is obliged to comply with instructions given by the E-share Book from time to time regarding the use of the Services and must not use the Services in a manner that is contrary to applicable law, including but not limited to the provisions of the Personal Data Act (1998:204).

6. PLANNED INTERRUPTIONS

The Services are normally available at all times. However, e-Account Book is entitled to perform customary maintenance, updates and other actions necessary for the provision of the Services, which may cause interruptions in the availability of the Services. The Customer shall be notified of such measures by e-mail to the e-mail address provided by the Customer at least ten (10) days before they are to be carried out.

Planned interruptions under this paragraph 6 shall not be deemed to constitute a breach of the Agreement or a defect in the Services, and the Customer shall not be entitled to claim any penalties in respect of such interruptions.

7. FAILURE OF THE SERVICE

If at any time the Customer is unable to use the Services under the Agreement, the Customer shall immediately notify E-Account Book’s customer service department. The complaint must include a description of the nature of the fault.

After E-aktiebok has received the complaint, E-aktiebok shall remedy the defect with the urgency required by the circumstances.

If the defect is not remedied within three (3) days after E-aktiebok has received the complaint, the Customer shall receive a free extension of the contractual period by one week for each day that the defect persists as compensation.

E-Account Book’s liability does not extend to errors caused by improper use of the Services or errors relating to the information provided by the Customer, such as incorrect or incomplete information.

Nor shall E-aktiebok be liable for any error caused by an event beyond E-aktiebok’s control, the consequences of which could not reasonably have been avoided or overcome, such as damage caused to the Customer by a third party, labour dispute (whether or not involving E-aktiebok personnel), accident, lightning, fire, explosion, war, riot, flood, severe weather, natural disaster or act or omission of government or other for which E-aktiebok has not expressly assumed liability.

If the Customer complains and it turns out that there is no fault for which E-Account Book is responsible, E-Account Book shall be entitled to compensation for the work and costs caused to E-Account Book by the complaint.

E-aktiebok shall not be liable for any error, and the Customer shall not be entitled to claim any additional penalty, other than as provided in this paragraph 7.

8. FEE AND PAYMENT

The annual fee is payable annually in advance. As stated in paragraph 15 below, after ordering the Services, the Customer is entitled to a free trial period of one (1) month. Once the Customer has ordered the Services, E-Account Book will send an invoice for the first Annual Fee. If the Customer wishes to continue using the Services after the trial period has expired, payment of the first Annual Fee must be made before the end of the trial period.

Subsequent Annual Fees will be invoiced annually in advance with 30 days’ payment from the date of invoice.

Interest on arrears will be charged on amounts unpaid after the due date in accordance with the Interest Act.

E-Account Book has the right to change the Annual Fee once a year starting from the new calendar year. Such change shall be notified to the Customer by e-mail to the e-mail address provided by the Customer at least ten (10) days before the change comes into effect.

9. RESPONSIBILITY

E-Account Book shall not be liable for any indirect damage that any shortcomings in the Services or its operation may cause to the Customer, unless E-Account Book, caused the damage intentionally or through gross negligence. Indirect damage includes, for example, loss of data, loss of profit, reduced production or turnover in business, hindrance to fulfil an obligation towards third parties or loss of benefit from a contract.

E-Account Book’s liability for planned interruptions and failures in the Services is regulated exhaustively in points 6 and 7 above. E-Account Book’s total liability under the Agreement is limited to one price base amount per calendar year, provided that E-Account Book has not caused the damage intentionally or through gross negligence.

10. CUSTOMER SERVICE

E-aktiebok provides a support function that assists the Customer to a reasonable extent with questions or problems that arise in connection with the use of the Services. Contact details for customer service are available on the Website.

11. TERMINATION

E-aktiebok may suspend the Services or restrict access to the Services if the Customer fails to comply with its obligations under the Agreement or with instructions given by E-aktiebok from time to time. Such suspension may continue until remedial action has been taken by the Customer. If grounds for suspension exist, E-aktiebok shall also be entitled to terminate the Agreement with immediate effect in accordance with clause 15.

12. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights and technical solutions relating to the Services are the property of E-aktiebok and may not be used by the Customer in any way other than for the use of the Services under the Agreement. In no way does the Customer obtain a licence or any other right to use the aforementioned intellectual property rights or other intellectual property rights to the Services other than as set out in the Agreement.

13. ASSIGNMENT OF THE AGREEMENT

The Customer may not assign the Agreement or any part thereof to any third party. E-aktiebok is entitled to assign all or part of its rights and obligations under the Agreement to another party. Furthermore, E-aktiebok shall be entitled to engage a subcontractor for the performance of its obligations.

14. AMENDMENT OF THE TERMS OF THE AGREEMENT

E-aktiebok is entitled to change the design of the Services and these general terms and conditions. Such modification shall become effective 30 days after the notice containing the new terms and conditions has been published on the Website. However, E-aktiebok is always entitled to make changes with immediate effect if they are required by law, regulation or decision of the authorities.
If the Customer does not accept the amendment or addition, the Customer has the right to terminate the Agreement with immediate effect within the aforementioned 30-day period, in which case the Annual Fee for the remaining contract period, as the sole penalty, shall be refunded to the Customer. Failing this, the Customer will be deemed to have accepted the new conditions.

15. TERM OF AGREEMENT

The Agreement shall enter into force on the date the Customer orders the Services and shall commence with a free trial period of one (1) month. If the Customer pays the first Annual Fee, the Agreement will continue for a period of one (1) year thereafter. If payment of the first Annual Fee has not been made before the end of the trial period, the Agreement will cease to be valid at the end of the trial period.

Before the expiry of the Agreement period as described above, E-Account Book will send an invoice for the Annual Fee for the following year. If payment for this has not been made by the Customer before the expiry of the Agreement period, the Agreement will cease to apply. Otherwise, the Agreement is extended for a period of one (1) year at a time.

The Party shall have the right to terminate the Agreement with immediate effect in the event that the other Party is in material breach of its obligations under the Agreement and does not remedy the breach within 30 days of written notice. Such notice shall be in writing.

ANNEX 1

Categories of data subjects

The Processor will process personal data relating to shareholders of the Controller

Categories of personal data

The Processor will process the following categories of personal data: name, personal/organisation number, address, telephone number, e-mail address

Data protection

The Processor has put in place the necessary technical and organisational measures to ensure the integrity and confidentiality of the performance of the Processor’s processing of personal data, including the following.

Privacy

The Processor has taken the necessary measures to ensure that the employees processing the Controller’s personal data have the necessary experience and qualifications. This includes:

Background checks such as references;
Written confidentiality agreements;
Verification of compliance with applicable policies and procedures; and
Ongoing training and skills development.

Security

The Processor ensures that the level of security of the premises where the Controller’s personal data is processed and stored is sufficiently high, including:

Restricted and/or monitored access to the premises; and
Monitoring in the form of alarms and/or physical surveillance.

Equipment, systems and networks The Processor maintains, and will maintain during the term of the Agreement, the necessary level of security for all systems, networks and devices used to provide the Services. This includes:

Firewall;
System authentication for access to systems and services;
Access rights systems for access to systems and services;
Monitoring and encryption of hard drives;
Processes and procedures to continuously evaluate data security; and
Back-up to recover lost or destroyed personal data