The following terms in capital initial letter are defined terms, and shall have the meaning as set out below, unless otherwise stated or the context obviously so requires.
Agreement: means the parties’ agreement regarding the Services, including the Service Agreement, these General Terms and Conditions, the SLA (if applicable) and the Data Processing Agreement.
Binding Period(s): means such agreed initial binding period for the Services as set out under the Service Agreement and/or any additional binding periods caused by agreed extended binding period and/or additional orders made after the initial delivery date.
Customer: means the buyer of the Services named in the Service Agreement.
Data Processing Agreement: means the data processing agreement between the Parties.
Defect: means a material deviation of the Services as specified in the Agreement.
General Terms and Conditions: means these general terms and conditions.
Necessary Equipment: means such equipment required for the use of the Services, including without limitation computers with a broadband connection.
Parties: means Supplier and Customer jointly.
Products: means such products necessary for use of the Services, including without limitation mobile telephones, ATA boxes, terminals and other products sold by the Supplier and third parties.
Service Agreement: means the quote/ordering agreement document (with agreed special conditions, if applicable) signed by the Parties.
Services: means the Services to be provided by the Supplier as specified in the Service Agreement.
SLA: means the service level agreement between the Parties (if applicable).
Supplier: means Telavox AB, Reg. No. 556600-7786.
2.1 These General Terms and Conditions, the Data Processing Agreement and the SLA (if applicable) apply when the Supplier provides the Services to the Customer. In the event of any discrepancies between the Service Agreement and the General Terms and Conditions, the provisions in the Service Agreement shall have priority.
2.2 After the Supplier’s receipt of the Service Agreement duly signed by the Customer, the Agreement is considered to be entered into between the Parties upon the Supplier’s approved credit check, receipt of the agreed deposit (if applicable) and Supplier’s written confirmation. The Customer acknowledges that the Supplier has the right to determine whether the Customer’s credit check shall be approved in its sole discretion.
2.1 These General Terms and Conditions, the Data Processing Agreement and the SLA (if applicable) apply when the Supplier provides the Services to the Customer. In the event of any discrepancies between the Service Agreement and the General Terms and Conditions, the provisions in the Service Agreement shall have priority.
2.2 After the Supplier’s receipt of the Service Agreement duly signed by the Customer, the Agreement is considered to be entered into between the Parties upon the Supplier’s approved credit check, receipt of the agreed deposit (if applicable) and Supplier’s written confirmation. The Customer acknowledges that the Supplier has the right to determine whether the Customer’s credit check shall be approved in its sole discretion.
4.1 The Customer is responsible for obtaining the Necessary Equipment and Products required for the use of the Services. Necessary Equipment and Products are not included in the Services. Updates or modifications of the Services may result in a need for the Customer to upgrade its own equipment and such Necessary Equipment or Products initially required for the Services. The Customer is solely responsible for its costs for its own equipment, Necessary Equipment and Products.
4.2 The Customer may only connect such Necessary Equipment and Products that fulfil the requirements specified in laws, regulations or technical standards with respect to the Services.
4.3 The Customer is responsible for its own use of the Services, and shall ensure that its use does not: a) cause damage or inconvenience to the Supplier or any third party; b) disrupt the Supplier’s network or the Services (e.g. through mass calls or spreading of viruses); c) infringe the copyright or other intellectual property rights of Supplier or any third party; d) act in conflict with law or a public authority’s regulations or decisions.
4.4 The Customer shall ensure that passwords, codes, identities and other information provided by the Supplier are stored securely, adequately and in accordance with any applicable data protection regulations. The Customer shall immediately notify the Supplier of any events of relevance for such information occurring.
4.5. The Customer is responsible for the use of the Services in accordance with the Agreement and in a responsible and lawful way. Should any type of infringement come to the knowledge of the Customer, the Customer will be obliged to immediately take rectification measures and inform the Supplier of the infringement. The Supplier reserves the right to charge the Customer for costs of measures taken by Supplier as a consequence of any misuse of the Service.
4.6 The Customer may not seek unauthorised access to network or computer resources, nor use, destroy or distort any information in the Supplier’s or connected networks.
4.7 The Customer is not entitled to sell, lease or sub-license the Services 4.8 The Customer shall upon request provide the Supplier with access to all facilities that may reasonably be required to enable Supplier to implement and provide the Services and other obligations under the Agreement
5.1 The Customer shall pay such fees and charges set out in the Service Agreement. Should the Service Agreement not set out a fee, the Customer is obliged to pay such fees set out in the Supplier’s applicable price list (as updated from time to time). All fees stated are exclusive of value added tax (VAT), other taxes, official charges and duties.
5.2 Unless otherwise set out in the Service Agreement, the fees shall be invoiced monthly in arrears and the Customer shall pay invoices within 25 days from the invoice date. If the Customer fails to pay on a due date, the Supplier is entitled to apply fees for payment reminders, collection charges and interest in accordance with the Swedish Interest Act.
6.1 Roaming traffic within the EU is included in the Services, based on domestic prices. In accordance with EU Regulation No. 531/2012, the volume of roaming traffic must be reasonable. Misuse is determined by the following criteria: a) insignificant domestic use in comparison to roaming traffic; b) significant inactivity of the SIM card domestically where the majority of use is roaming traffic; or c) sequential subscriptions and use of multiple SIM card when roaming by individual users.
6.2 The volume of data roaming is limited to the amount of data in the Customer’s domestic surfing package for each user and/or the Supplier’s maximum roaming limitations applicable from time to time.
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