General terms and conditions for use of QWTOOL
This agreement (the “Agreement”) applies between Granska Energi AB (“ the Supplier ”) and the customer (“ the Customer ”), to the extent that nothing else has been agreed, regarding the general terms and conditions (the “ General Terms and Conditions ”) that apply to the service QWTOOL provided by the Supplier (the “ Service ”). The above are referred to individually as “Parties” and collectively as “the Parties”. By ordering the Service, the Customer confirms that he/she accepts these General Terms and Conditions and the Supplier’s privacy policy. The Customer also agrees that a customary credit check may be carried out and that this may lead to the order not being accepted.
The Service is provided by the Provider as “Software as a Service” (SaaS). The Service includes the software features and services described in this Agreement and any attachments.
The service is only adapted for buildings in Sweden.
The Supplier undertakes to provide access to the Service, including such updates and upgrades as the Supplier chooses to make available to its customers. The Customer shall access the Service subject to the General Terms and Conditions set out in this Agreement and in accordance with any applicable terms and conditions on the Supplier’s website.
The Service enables the Customer to generate functional checks regarding the energy performance of buildings by specifying building-specific data. The Service generates messages as a function of the data that the Customer specifies in the Service. The purpose is to identify possible malfunctions and optimize operation to achieve or restore optimal performance. The Customer is responsible for correcting errors and deficiencies identified through the use of the Service. If the Customer lacks precise data, the Customer can choose to specify standardized measurement values in accordance with what is suggested in the Service. If the Customer chooses to use standardized values, the calculation result may deviate from actual values. The Supplier is in no way responsible for the accuracy of the values that the Customer specifies, whether they are actual values generated by the Customer or standardized measurement values.
When ordering the Service, the Customer specifies (1) how many buildings and (2) how much building area the Customer owns and intends to use the Service for. This data is the basis for calculating the price for the service, which is paid in the form of a fixed annual fee. The fee is invoiced annually in advance and may be adjusted by the Supplier once a year.
In the event of late payment, the Supplier has the right to charge default interest in accordance with the Interest Act as well as statutory costs for debt collection and any reminder fees.
The Supplier provides support and maintenance to the extent that it is reasonable in relation to the price of the Service.
The Supplier’s obligations under this clause only apply provided that the Customer has complied with the obligations incumbent on the Customer under the General Terms and Conditions. Furthermore, the Supplier is not liable for failure to meet agreed requirements if the failure is directly or indirectly caused by:
(1) The Customer or circumstance for which the Customer is responsible;
(2) interruption of communication service;
(3) planned downtime in the Service due to maintenance and servicing of the Service or the Supplier’s systems;
(4) interruption or change in the Service made by the Provider due to the risk that the provision of the Service will cause more than minor damage to the Customer, another customer of the Service or the Provider, or;
(5) circumstances beyond the reasonable control of the Party, such as but not limited to, labor disputes, unusual weather phenomena, external economic or military crisis or conflict, or disruption of essential public services. The same shall apply in the event of failure or delay in service or delivery from a subcontractor due to circumstances falling under this clause. If the performance of the Agreement is prevented for more than six (6) months, the Party shall have the right to terminate the Agreement. In the event of such termination, the Supplier shall be entitled to compensation in accordance with the Agreement for work performed and proven necessary costs.
The customer is responsible for ensuring that third-party programs such as browsers, PDF readers, toolbars, antivirus programs and firewalls are properly installed. The supplier is not responsible for the performance of internet services or for how internet providers perform their services.
Links to websites not owned or controlled by the Provider that appear on the Service or any accompanying websites or documentation are provided for convenience only. The Provider is not responsible for such websites.
The Customer understands that the results delivered by the Service are a direct result of the data entered by the Customer. The Supplier is not responsible for the Customer entering correct data. The Supplier is also not responsible for any actions taken by the Customer as a result of the reports created through use of the Service.
6.1 Processing of personal data
The supplier processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and national legislation.
6.2 Categories of personal data
The personal data processed may include, but is not limited to, names, contact details, IP addresses and other information that the Customer chooses to upload to the Service.
6.3 Purpose and legal basis for processing
Personal data is processed to fulfill this Agreement and provide the Service, which includes operation, maintenance, support and improvement of the Service. The legal basis for the processing is necessity for the fulfillment of this Agreement.
6.6 Security and data protection
The Supplier will take appropriate technical and organizational measures to protect personal data against unauthorized access, loss or destruction.
This Agreement comes into force when the Customer orders a subscription for the Service and continues until the Customer terminates the Service (the “ Agreement Period ”), with the exception of clause 8.
The Supplier has the right to terminate the Agreement with immediate effect if the Customer breaches the terms of the Agreement.
Both Parties undertake not to disclose during the Term of the Agreement and for a period of two years thereafter any confidential information received from the other Party. Exceptions are made for information that is already publicly known or becomes publicly known through another source without breach of this Agreement.
The Customer may not assign its rights or obligations under this Agreement without the Supplier’s written consent. The Supplier has the right to assign its rights and obligations to another company within the same group, to a subcontractor, or to a new owner in the event of a business transfer.
The Supplier does not in any way transfer the registered or unregistered intellectual property rights associated with the Service, such as copyrighted material, through this Agreement to the Customer.
This Agreement shall be interpreted and applied in accordance with Swedish law. Disputes arising from this Agreement shall primarily be resolved through negotiations between the Parties. If the Parties cannot reach an agreement, the dispute shall be resolved by a general court with the Gothenburg District Court as the first instance.