Marketing Automation Start Package - Silver level

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TERMS AND CONDITIONS FOR CONSULTANT AND MARKETING SERVICES


1. TERMS AND CONDITIONS
1.1. These Terms and Conditions shall apply between the Customer and Magnus Unemyr AB, a company incorporated under the laws of Sweden with its office located in Jönköping (“the Company”) for the purchase of a set package of services or consulting services at a fixed rate or an hourly fee (“the Services”) from the Company.
1.2. The Company strives to continually improve the Service and therefore reserves the right to update and/or make changes in these Terms and Conditions at any time. The Customer will be notified of such changes prior to the effective date, normally thirty days prior to the effective date. The Customer will be deemed to have accepted such changes if the Customer continues to use the Services after the announced changes has entered into force.
2. THE SERVICES
2.1. By placing an order for Services the Customer accepts these Terms and Conditions.
2.2. An order constitutes an offer by the Customer to purchase the Services in accordance with these Terms and Conditions (“the Order”). The Customer shall ensure that the Order is complete and accurate.
2.3. The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order by e-mail, (“the Confirmation”) at which point the parties have entered into a binding contract of Services (“the Contract”).
2.4. The Contract constitutes the agreement between the Company, to provide the services to the Customer, and the Customer, to purchase those services, in accordance with the Order and these Terms and Conditions.
2.5. The following services are never included unless specifically agreed in writing: No content development (copywriting or design work for lead magnets, blog posts, emails, landing pages, thank you pages, calls-to-action/banner-ads, social media posts, etc.) are included. Included integrations subject to availability of a native integration, or the integration can be made using Zapier. No custom API integration development is included. Subject to capabilities of the selected marketing automation system.


3. COMPANY OBLIGATIONS AND WARRANTIES
3.1. The Company warrants that it will provide the Services in accordance with these Terms and Conditions and in a professional manner that can reasonably be expected of an experienced consultant in the field.
4. CUSTOMER’S OBLIGATIONS AND INDEMNITIES
4.1. The Customer shall provide assistance and technical information, including access to software and systems, to the Company, as reasonably required by the Company in sufficient time to facilitate the execution of the Order in accordance with any estimated delivery dates or milestones.
4.2. The Customer shall have sole responsibility for the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Customer’s employees assisting in the execution of an Order have the necessary skills and authority.
4.3. The Customer is aware that third party software that may be needed for the Services is not included in the price and that the Customer might have to secure, register or purchase required software licenses needed for the Services if the Customer doesn’t already possess the required software.
4.4. The Customer shall be obliged to inform the Company immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by the Company. If alterations are made by the Customer or a third party to the Customer’s site(s) or other applications that may affect the Services, the Company cannot be held responsible for any failed performance of the Services.
4.5. In the event that the Customer fails to undertake acts or provide materials required under this clause within any agreed deadline the Company shall be entitled to charge the customer for the Services that it has supplied and the remaining Services specified in the Order whether or not the Company has been able to deliver them.
4.6. The Customer shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Customer’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
5. PRICES
5.1. The price for performance of the Services is set out on the order page of the website.
5.2. For purchases of Services by the hour, the hourly fee, price estimates and other costs will be given on request.
5.3. Fees stated does not, unless otherwise specifically stated, include VAT and other taxes that might be imposed on the Company’s Services.
6. PAYMENT
6.1. For fixed price packages payment is made in advance upon placing the Order on the website. The Company uses Stripe (www.stripe.com) as a secure Payment provider.
6.2. For consulting services at an hourly fee the Company will invoice the Customer monthly following services delivered. The Customer agree that the Company has a right to request advance payments if it deems it necessary due to the Customer being a new customer, the Customer’s low credit score etc.
6.3. The Customer shall pay each invoice submitted by the Company on the due date stated the invoice. The invoice number shall be stated on all payments.
6.4. In the event of late payment, interest on the amount overdue will be payable in accordance with the provisions of the Interest Act (1975:635).
7. INTELLECTUAL PROPERTY RIGHTS
7.1. It is the responsibility of the Customer to ensure that they have the right to use any Intellectual Property Rights when they provide any text, image or representation (“Materials”) to the Company for incorporation into the Services and the Customer hereby grants or agrees to procure the grant of (as applicable) an irrevocable licence to the Company to use such Materials for the purposes of providing the Services for the duration of the Contract.
7.2. The Customer shall be responsible for ensuring that the contents of Materials which the Customer has contributed or approved are not in contravention of legislation, decency, marketing rules or any other third-party rights. The Company shall be entitled to reject and delete such material without incurring any liability. In addition, the Company shall be entitled to cancel the Order.
7.3. The Customer shall indemnify the Company against all damages, losses and expenses suffered or incurred by the Company as a result of the Materials which the Customer has contributed or approved being in contravention of legislation, decency, marketing rules or any action that any such Materials infringe any Intellectual Property Rights of a third party.
7.4. The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described above.
7.5. Unless expressly stated otherwise in the Contract between the Parties, the Intellectual Property Rights created, developed, subsisting or used in connection with the Services and whether in existence at the date hereof or created in the future shall vest in and be the property of the Company. The Customer agrees to execute and deliver such documents and perform such acts as may be necessary from time to time to ensure such Intellectual Property Rights vests in the Company.
7.6. The Company grants to the Customer without charge an irrevocable non-exclusive licence, unlimited in time or territory, to use, modify and further develop all or part of the results of the Services rendered in the Customer’s future business for the purposes for which it has been supplied.
7.7. Third-Party Software and Products used for the Services are subject to the respective product’s license terms for use by the Customer.
8. CONFIDENTIALITY
8.1. The Parties shall keep in strict confidence and not disclose any confidential information about the other Party’s business that may be regarded as a trade or professional secret, to any third party. During the term of the Contract and for a subsequent period of five (5) years from the date of its conclusion the Party shall treat the other Party’s confidential information with the same care as it would it’s own confidential information. The Parties undertake to use such trade or professional secrets only to the extent necessary to perform the Contract.
8.2. The confidentiality undertaking under the preceding paragraph does not apply to
a) information that a Party can show became known to it in a manner other than by, or in conjunction with, performance of the Contract; or
b) information that is public knowledge or becomes public knowledge without breach of the confidentiality undertaking in this Contract; or
c) or information that a Party is legally obliged to disclose.
9. LIABILITY
9.1. In addition to that what is stated in the clause 10 below, the Company’s liability is limited as follows:
a) THE COMPANY IS NOT LIABLE FOR ANY LOSS OF DATA
b) THE COMPANY IS NOT LIABLE FOR THE CUSTOMER’S LIABILITY TOWARDS A THIRD PARTY.
c) THE COMPANY IS NOT LIABLE FOR INDIRECT LOSSES, SUCH AS LOSS OF PROFIT, GOODWILL AND/OR LOSS OF PRODUCTION, UNLESS THE COMPANY HAS BEEN FOUND GUILTY OF INTENT OR GROSS NEGLIGENCE.
d) THE COMPANY’S OBLIGATION TO PAY DAMAGES IN THE CASE OF BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE WILL NOT IN ANY EVENT EXCEED THE TOTAL SUM INVOICED FOR THE SERVICES.
9.2. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.3. THE CLAIM FOR DAMAGES MUST BE MADE WITHIN SIX (6) MONTHS FROM THE TIME THE DAMAGE OCCURRED OR ELSE THE RIGHT TO SUCH DAMAGES IS LOST.
10. OTHER LIMITATIONS OF LIABILITY AND FORCE MAJEURE
10.1. THE COMPANY SHALL NOT BE LIABLE FOR DOWNTIMES, INTERFERENCE IN THE FORM OF HACKING, VIRUS, DISRUPTIONS, INTERRUPTIONS, FAULTY THIRD-PARTY SOFTWARE, SEARCH ENGINES OR WEBSITES ON WHICH A SERVICE IS DEPENDENT, DELAYED OR NON-CONFORMING PERFORMANCE DUE TO CHANGES MADE TO STANDARD TERMS, ASSESSMENT ALGORITHMS, SEARCH CRITERIA, VIEWING POLICY, PRICES AND CAMPAIGN OFFERS, URLS DROPPED OR EXCLUDED BY A SEARCH ENGINE FOR ANY REASON OR OTHER MATTERS BEYOND THE COMPANY’S CONTROL. IN ADDITION, THE COMPANY SHALL NOT BE LIABLE FOR ENSURING THAT SUCH SERVICES LEAD TO A CERTAIN VOLUME OF TRAFFIC, NUMBER OF CLICKS, REGISTRATIONS, PURCHASES OR ANY LACK OF SUCCESS EXPERIENCED BY THE CUSTOMER RELATING TO THE SERVICES.
10.2. IF THE COMPANY IS PREVENTED OR MATERIALLY HINDERED FROM PERFORMING ITS OBLIGATIONS UNDER THE CONTRACT DUE TO CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO WAR, NATURAL DISASTER, POWER OUTAGE, FIRE, STRIKE, A GOVERNMENT ACTION OR OMISSION, NEW OR AMENDED LEGISLATION, ILLNESS OR OTHER REDUCTION OF WORK CAPACITY, DEATH, FLOOD, INTERRUPTIONS IN COMMUNICATIONS, LOSS OR DESTRUCTION OF DATA TO A GREATER EXTENT, LOSS OR DESTRUCTION ON PROPERTY OF ESSENTIAL IMPORTANCE OR OTHER MAJOR ACCIDENT (”FORCE MAJEURE”), THE COMPANY WILL BE DISCHARGED FROM ITS OBLIGATIONS AND WILL NOT INCUR SANCTIONS FOR ITS NON-PERFORMANCE OF A GIVEN OBLIGATION. IF A FORCE MAJEURE CONDITION OCCURS UNDER THIS CLAUSE, THE COMPANY MUST IMMEDIATELY NOTIFY THE CUSTOMER OF THIS.
10.3. If Force Majeure conditions persist for more than three (3) months, either Party may terminate the Contract with immediate effect.
11. TERM, TERMINATION AND ASSIGNMENT
11.1. The Contract takes effect on the date of the order confirmation, and remains in effect until the Contract is terminated in writing by either party according to the provisions below. Unless the Agreement is terminated by either Party before that according the provisions below. Notice of termination will not be valid unless given in writing.
11.2. The Contract can be terminated with immediate effect by either Party
a) if the other Party materially breaches its obligations under the Contract and does not remedy the breach within [period] from receiving a written request to do so; or
b) if the other Party is declared insolvent, bankrupt or goes into liquidation, is under compulsory administration or is the subject of a business reorganisation or composition, has suspended payment or otherwise is, or may reasonably be expected to become, insolvent.
11.3. Termination will not be valid unless made in writing.
11.4. The Company shall, in addition to all other rights and remedies under these Terms be entitled to terminate this Contract without notice in the event that any of its charges for the Services are not paid in accordance with these Terms.
11.5. Upon termination, for whatever reason, the parties shall be obliged to return all materials received from the other pursuant to the Contract without undue delay. If relevant, the Customer shall be obliged to remove codes, etc., from websites without undue delay. If the Customer fails to do so, the Company shall be entitled to invoice the Customer in line with its then current terms and conditions for subsequent Services without such invoicing amounting to a waiver of the Company’s right to terminate the Contract.
11.6. The Customer shall not be permitted to assign or transfer all or any part of its rights or obligations under the Contract and these Terms without the prior written consent of the Company.
11.7. The Company shall be entitled to assign or subcontract any of its rights or obligations under the Contract and these Terms and the Customer acknowledges that certain elements of the Services will be provided by third parties.
12. PERSONAL DATA
12.1. In connection with an Order and performance of the Services, the Company will collect personal data regarding contact persons of the Customer. More information about how the Company processes personal data can be found here: www.unemyr.com/privacy .
12.2. If the Services require the Company to process personal data on behalf of the Customer and such processing falls under the jurisdiction of the General Data Protection Regulation (EU) 2016/679, the Customer agree that the Customer and the Company shall enter into a Data Processing Agreement prior to any processing of personal data. The Company is entitled to refuse to commence any processing of personal data until the parties have entered into a written Data Processing Agreement.
12.3. The Customer shall notify the Company of any personal data protection regulations that can be applicable to the Contract in the Customer’s jurisdiction. The Customer is aware that the Company is a company registered under the laws of Sweden and that the company does not have the legal expertise regarding the laws in the Customer’s jurisdiction. Therefore the Customer is responsible for ensuring that the services comply with the laws and regulations in the Customer’s jurisdiction before implementing them..
13. MISCELLANEOUS
13.1. The Company shall be free to provide its Services to third parties whether during or following the provision of the Services to the Customer.
13.2. The failure of either party to enforce or to exercise at any time or for any period of time any right pursuant to these Terms and Conditions does not constitute, and shall not be construed as, a waiver of such terms or rights and shall in no way affect that party’s right later to enforce or to exercise it.
13.3. If any provision of these Terms and Conditions or part thereof is held invalid, this shall not affect the remaining provisions of the Terms and Conditions, unless the obligations of a party hereto without the invalid part of the agreement are or will become unreasonably onerous.
13.4. The Contract and these Terms and Conditions constitutes the whole agreement between the Parties and supersedes and replaces earlier oral or written undertakings and covenants on the entire subject-matter.
13.5. No amendments or supplements to the Contract will be valid unless made in writing and signed by duly authorised representatives of both Parties.
14. LAW AND JURISDICTION
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Jönköping, Sweden. This contract shall be governed by the substantive law of Sweden.
The above-mentioned does not prevent the Company from recovering a definitive and overdue payment claim through customary debt collection procedure, national or international payment order at the applicable Enforcement Authority or Public court.
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These Terms and Conditions were last updated on March 8, 2019
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