These general terms and conditions apply to all offers, agreements regarding the Next DOX service offered by DOX Sweden AB for project owners and its users in projects.
DOX Sweden AB, project owners and users are considered to be bound by these general terms and conditions when providing and using the Next DOX service.
Contents
§1 Definitions
§2 Scope of the Agreement
§3 Agreement Term
§4 DOX Sweden AB’s Commitment
§5 Project Owners’ and Users’ Responsibilities
§6 Payment and Payment Method
§7 Termination of the Agreement
§8 Effects of Termination of the Agreement
§9 Personal Data
§10 Confidentiality
§11 Assignment
§12 The Right to Next DOX
§13 Assignment of Agreement
§14 Legislation and Dispute
§15 Internet Policy
§16 Force Majeure
“DOX Sweden AB” corporate registration number 556372–9358 holds the copyright to Next DOX and the right to provide DOX.
“Next DOX” is the service that DOX Sweden AB provides to project owners through the agreement with functions in accordance with the product specification applicable from time to time.
“THE AGREEMENT” is the agreement that project owners have entered into regarding Next DOX and includes the General Terms and Conditions. Project owners and DOX Sweden AB may have several separate agreements, settlements, order letters or other documents, connected to the Next DOX service.
“THE PROJECT OWNER” is the customer who has entered into an agreement with DOX Sweden AB regarding the use of Next DOX.
“USERS” are natural persons who are connected to Next DOX through a user account. The user uses Next DOX through an agreement signed between the project owner and DOX Sweden AB. Users only have the right to use Next DOX on behalf of the project owner.
“DOCUMENT” Information recorded on paper and similar physical media.
“DATA” Information relating to documents stored electronically in such a way that it can be processed in binary form by a computer.
This agreement covers all Next DOX related services via www.dox.se, the exact description is in the agreement with the project owner.
This agreement is valid from the signing of the agreement, as agreed regarding the period, between DOX Sweden AB and the project owner. If no separate agreement has been signed between the project owner and DOX Sweden AB regarding the period, the project will be charged on a monthly basis with a mutual notice period of 3 months + the current month.
4.1 DOX Sweden AB undertakes to take reasonable measures to ensure that project owners have access to and use of the Next DOX service.
4.2 DOX Sweden AB undertakes to take reasonable measures to maintain a high level of security aimed at preventing unauthorized intrusion consisting of someone gaining access to, changing, deleting or adding something to the project owner’s information.
4.3 DOX Sweden AB ensures that the necessary means and measures are in place to restore data in the event of an unforeseen incident that affects the operation and availability of Next DOX.
4.4 DOX Sweden AB exercises no control over the information that is communicated or stored in Next DOX, beyond what is stated in section 5.6. DOX Sweden AB is also not responsible for the content of this information, for project owners and users not being who they claim to be, for the performance of services provided through Next DOX or for the actions of project owners or users in general.
4.5 Only in order to be able to fulfill its obligations under the agreement and other applicable legal regulations, DOX Sweden AB, as well as the person who on behalf of DOX Sweden AB has the right to manage the supervision of the service, has the right to take part in messages and information that appear in Next DOX.
5.1 The project owner and users undertake to comply with Swedish and international legislation regarding the information submitted to, stored in, communicated via or otherwise processed in, Next DOX.
5.2 The Project Owner may not assign or sublicense all or part of the Agreement. The Project Owner or the User shall not allow anyone who is not invited to the Project to access any of the Project Owner’s personal usernames and identification codes or otherwise take part in the Next DOX project or products that the Project Owner and User have access to through Next DOX. The Project Owner and User are responsible for any actions taken under the User’s username and identification code.
5.3 Project owners and users shall follow DOX Sweden AB’s instructions regarding the use of Next DOX.
5.4 Project owners shall take reasonable steps to ensure that data files and other information communicated with Next DOX are free from viruses or other errors that may interfere with Next DOX’s function or performance. If the project owner’s use of Next DOX interferes with Next DOX’s function or performance, DOX Sweden AB has the right to suspend the project owner until the cause of the interference has been eliminated.
5.5 If the project owner uses drawings, presentations, databases and other works that the project owner has gained access to through the Next DOX project, it is the project owner’s responsibility to ensure that he has the right to such use.
5.6 The intellectual property rights to the project owner’s documents, drawings, etc. are not affected by their being sent to, or stored in Next DOX.
5.7 The project owner is responsible for ensuring that the user complies with the agreement and undertakes to hold DOX Sweden AB fully harmless in the event of a breach thereof.
6.1 For the services offered under the terms of this agreement, the project owner shall pay DOX Sweden AB the prices agreed upon. VAT shall be charged on the prices for services under this agreement at the VAT rate applicable at any time.
6.1.1 DOX Sweden AB shall invoice the project owner monthly for the Next DOX service, the project owner shall pay in the form of a monthly advance payment, unless otherwise specifically agreed in writing.
6.2 Payment shall be made no later than 30 days after the invoice printing date.
6.3 Any objection to the invoice must be made within 8 days of the invoice date, in order to be relied upon.
6.4 If the project owner does not pay on time, DOX Sweden AB has the right to charge a statutory reminder fee in connection with a payment reminder.
6.5 Project owners who, despite a written reminder, fail to pay the overdue amount may be suspended from using Next DOX until payment is made.
7.1 If the project owner breaches the agreement, and if the breach of agreement is due to negligence or intent, or otherwise negligently or intentionally damages DOX Sweden AB, DOX Sweden AB is entitled to terminate the agreement with immediate effect. DOX Sweden AB is also entitled to compensation for damages, including goodwill losses, that DOX Sweden AB has suffered due to the breach of agreement.
7.2 A party has the right to terminate the agreement immediately if the other party’s operations intend to cease, are declared bankrupt, or otherwise become insolvent.
7.3 DOX Sweden AB is further entitled to terminate the agreement with immediate effect in addition to what is mentioned in § 7.1, in the event of a breach of §6, and in the event of a breach of §5.2.
7.4 Termination shall be in writing.
7.5 The Agreement shall terminate on the date the other party receives written notice of termination.
7.6 The termination of the Agreement shall in no way limit DOX Sweden AB’s right
7.6.1 to compensation under law or this Agreement.
7.6.2 to take legal action to obtain compensation for further damages, losses or costs incurred by DOX Sweden AB as a result of the project owner’s breach of contract.
Upon termination of this agreement regardless of the reason, the project owner shall immediately pay all outstanding claims that DOX Sweden AB has on the project owner regardless of previously agreed due dates.
9.1 To the extent that the Data Protection Regulation is applicable to DOX Sweden AB under this agreement, DOX Sweden AB only has the right and obligation to process personal data in accordance with Next DOX as a service and its functionality to be able to search and find people registered in the system, for participation in Next DOX projects.
9.2 DOX Sweden AB has the right to register information about Project Owners and Users, such as name, work address, work telephone number, position and email address, in order for Project Owners and Users to be able to use Next DOX as a service, and in order for DOX Sweden AB to fulfill its obligations under the agreement.
DOX Sweden also has the right, in addition to what is stated above, to register the same information for statistical and marketing purposes, including direct marketing. Project Owners and Users hereby agree that this information may be accessible via the Internet.
9.2.1 DOX Sweden AB has full rights as above to disclose this information to partners and other contractual parties, including those located outside the EEA (EU).
9.2.2 Users can obtain information from DOX Sweden AB free of charge about the processing of their personal data, request correction of the personal data and view their registered personal data. Users can see all registered data under My profile and the My data option, in each Next DOX project they are a member of. In the My profile option, users can change their data themselves and send information to the project administrator about changed consent in the current project. Under the agreement, the project owner is responsible for ensuring that users employed or notified by the project owner have given their consent to the personal data processing specified in §9. By using Next DOX as a service, users have given their consent to the above-mentioned personal data document, unless the user has notified the project owner otherwise.
10.1 The parties shall treat all documents and other information that come into their possession as a result of this agreement as strictly confidential. The parties undertake not to. Neither disclose nor otherwise use the confidential information of the other party, other than in cases where this is necessary for the fulfillment of the obligations under this agreement.
10.2 DOX Sweden AB handles customer-related information that is registered about project owners and users, with the exception of what is stipulated in section 6.2, in accordance with the Act (1990:409) on the Protection of Trade Secrets. The confidentiality applies until and including the third year after the current agreement has expired, unless an additional confidentiality period is agreed in writing between DOX Sweden AB and the project owner. DOX Sweden AB is responsible for observing confidentiality through confidentiality agreements with personnel and with collaborating organizations.
10.3 DOX Sweden AB has the right to replace identification codes and the like if this is required for operational or security reasons.
11.1 Through the agreement, DOX Sweden AB grants the project owner a limited, non-exclusive right of use to the functions specified in the agreement and the product specification established by DOX Sweden AB from time to time. The grant is only made to the extent that this does not infringe the rights of a third party.
11.2 The terms of the agreement are valid until further notice and DOX Sweden AB has the right to change the terms unless otherwise stated in the agreement. Changes to the terms must be notified via www.dox.se. If the change is to the significant disadvantage of the project owner, the project owner has the right to terminate the current agreement in writing during the current agreement period with effect from the change coming into force.
Copyright to the Next DOX service is owned by DOX Sweden AB. Access to Next DOX may only be used by project owners and users according to the terms of the agreement.
13.1 The project owner may not transfer or assign all or part of the agreement without DOX Sweden AB’s express consent. Transfer, assignment or any consent shall be in writing. DOX Sweden AB has the right to charge an administration fee in the event of a transfer.
13.2 DOX Sweden AB may not transfer all or part of the rights under the agreement without the project owner’s consent. DOX Sweden AB also has the right to transfer its obligations under the agreement, without the project owner’s consent, to another company within the same group or to a third party that acquires a significant part of DOX Sweden AB’s operations.
14.1 Swedish law applies to the application of the agreement.
14.2 Disputes arising from the agreement shall ultimately be settled in a general court, the District Court of Skövde.
14.3 However, DOX Sweden AB has the right to bring an action in a general court or with the Swedish Enforcement Authority to obtain payment for overdue claims.
15.1 If DOX Sweden AB discovers that project owners or users in Next DOX are processing information in a way that infringes someone’s copyright or violates applicable law, DOX Sweden AB has the right to immediately suspend project owners and users from continued use of Next DOX. In connection with discovery, DOX Sweden AB also has the right to terminate the agreement with immediate effect, and is entitled to compensation for damages, including goodwill losses. DOX Sweden AB has the right to remove discovered information from Next DOX and otherwise prevent continued use of the information in Next DOX.
15.2 If DOX Sweden AB discovers that users are attempting to gain unauthorized access to, destroy or distort information in Next DOX, DOX Sweden AB has the right to immediately deactivate the user and the right to terminate the agreement with immediate effect, and is entitled to compensation for damages, including goodwill losses.
16.1 DOX Sweden AB is in all circumstances exempt from damages and other penalties if the performance of the agreement is prevented by any circumstance that DOX Sweden AB could not reasonably control or foresee, and the consequences of which could not reasonably be avoided or overcome. Examples of such circumstances may be war, government intervention, public regulations, unrest, restrictions on energy supply, labor market disruptions, prohibitions or accidents.
16.2 If a circumstance of the above type occurs, the time for DOX Sweden AB’s performance is postponed until the obstacle has been removed. If the performance of the performance is prevented according to clause 16.1 for more than three months, each party has the right to withdraw from the agreement in writing without any obligation to pay compensation or liability.
Suite 1A, Carver’s Warehouse
77 Dale St
Manchester
M1 2HG
sales.uk@next-tech.com
Telephone: +44 33 02 32 01 30
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