GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS SME Growth Market & eAktiebok

  1. DEFINITIONS

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

”Agreement” means the agreement enterered into between the Parties for the Services, including these General Terms and Conditions;

”Customer” means the limited liability company that has entered into the Agreement with SME Growth Market  or eAktiebok;

”eAktiebok”, “we”, “us” means FinReg Solutions AB, reg no 556939-3308;

”SME Growth Market” means FinReg Solutions AB, reg no 556939-3308;

”Party” means the Customer or eAktiebok / SME Growth Market individually;

”Parties” means the Customer and eAktiebok / SME Growth Market collectively;

”Services” means the services pertaining to the share register of the Customer that eAktiebok / SME Growth Market provides to the Customer through the Website, which are described in more detail on the Website and in these Genereal Terms and Conditions;

”Website” means the website of eAktiebok, www.eaktiebok.se; and SME Growth Market, smegrowthmarket.com

”Yearly Fee” means the yearly fee that the Customer is to pay according to the Agreement.

  1. ENTERING INTO OF THE AGREEMENT

The Agreement is entered into when the Customer registers for the Services through the Website and thereby accepts these General Terms and Conditions. The term of the Agreement starts with a monthly trial period, free of charge.

  1. THE OBLIGATIONS OF EAKTIEBOK & SME GROWTH MARKET

We shall provide the Services to the Customer in accordance with the Agreement.

In case we, as a result of providing the Services, processes personal data provided by the Customer, such processing shall only be made with the purpose of providing the Services and, in any other case, in accordance with the written instructions provided by the Customer.

It is noted that any shareholder of the Customer that wishes to get access to the information that is available for shareholders in the Services, as further described on the Website, will have to register as a user with us.

  1. PERSONAL DATA SECURITY

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, we shall implement appropriate technical and organisational measures to ensure a level of security appropriate for the risks. We shall ensure that the personal data is protected against all kinds of unauthorized processing, such as for example revision, destruction or unauthorized access and distribution. We shall not disclose personal data or any other information regarding the processing of personal data for any other purpose than for the performance of the Services and in accordance with the Agreement.

The Data Processing Agreement and  Privacy Policy of eAktiebok & SME Growth Market form integral parts of the Agreement.

  1. THE CUSTOMER’S USE OF THE SERVICES

The Customer is aware that, according to the Swedish Companies Act, the maintaining, archiving and availability of the share register is the responsibility of the board of director of the Customer.

The Customer is responsible for the information provided by the Customer in the Services and shall ensure that the individual users with the Customer comply with the terms and conditions of the Agreement.

The Customer shall comply with the instructions given by us regarding the use of the Services and shall not use the Services in contradiction with applicable law, which includes inter alia applicable data protection law.

  1. PLANNED INTERRUPTIONS 

The Services are normally available at all times. eAktiebok and SME Growth Market is however entitled to perform customary maintenance, updates and other measures necessary for the providing of the Services, which may cause interruptions in the availability of the Services. The Customer shall be informed of planned interruptions via e-mail to the e-mail address designated by the Customer at least ten (10) days before the planned interruption.

Planned interruptions according to this Clause 6 shall not be considered as a breach of the Agreement or a as error in the Services and the Customer shall not be entitled to any damages, compensation or any other remedy due to such planned interruption.

  1. FAULT AND ERRORS

If the Customer at any time cannot use the Services in accordance with the Agreement, the Customer shall immediately notify our customer service of the incident. The notification shall include a description of the nature of the fault or error in detail.

When we has received notification of an error, we shall solve the fault or error with the promptness required by the circumstances.

In case a fault or error is not solved within three (3) days after wehas received a notification of the fault or error from the Customer, the Customer shall, as compensation, receive a free prolongation of the term of the Agreement with one week for every day that the fault or error is not solved.

The responsibility of us does not include faults or errors caused by incorrect use of the Services or faults or errors pertaining to information provided by the Customer, such as inter alia incorrect or uncomplete information.

We are furthermore not responsible for errors or faults due to a cause beyond our control such as, inter alia, damage caused to the Customer by a third party, industrial dispute (whether or not such dispute concerns the personnel of us), accident, lightning, fire, explosion, war, riot, flooding, rough weather, natural disaster or an action or omission from an authority or any other person, for whom eAktiebok / SME Growth Market not is responsible.

The Customer is aware that access to the Services requires certain technical equipment and access to the internet. We are not responsible for any errors or faults due to interruptions in the access to the internet or any technical equipment for which we are not responsible.

If the Customer reports any error or fault for which we are not responsible, we are entitled to compensation for the work performed by us and for any costs caused us due to such report.

We do not have any responsibility for errors and faults, and the Customer is not entitled to any other remedy, in addition to what is expressly set out in this Clause 7.

  1. FEE AND PAYMENT

The Yearly Fee is to be paid yearly in advance. As set out in Clause 15 below, the Customer is entitled to a free trial period of one (1) month after ordering the Services. When the Customer has ordered the Services we will send an invoice for the first Yearly Fee. If the Customer wishes to continue using the Services after expiration of the trial period, payment of the first Yearly Fee shall be made before the expiration of the trial period.

Subsequent Yearly Fees are invoiced in advance and shall be paid within 20 days from the date of the invoice.

Interest according to the Swedish Interest Act will be charged on any overdue payments.

We are entitled to change the Yearly Fee once every calendar year. The Customer will be notified of such changes via e-mail to the e-mail address designated by the Customer at least ten (10) days before the change enters into force.

  1. LIMITATION OF LIABILITY

We shall not under any circumstances be liable to the Customer for any indirect or consequential damages such as loss of profit, loss of data, lost production, loss or distortion of consent or goodwill, unless such damages have been caused by us wilfully or by gross negligence.

Our liability for planned interruptions and errors and faults in the Services is exhaustively set out in Clauses 6 and 7. The total liability of us under the Agreement is limited to [200 Euro] for each calendar year, unless damages have been caused by us wilfully or by gross negligence.

  1. CUSTOMER SERVICE

We provides a support function, which, to a reasonable extent, will assist the Customer with questions or problems pertaining to the Services. Contact information to the customer service is available on the Website.

  1. SUSPENSION

We are entitled to suspend or limit access to the Services if the Customer does not fulfil its obligations according to the Agreement or instructions given by us. Such suspension will continue until the Customer has fulfilled its obligations. If there are grounds for suspension we are also entitled to terminate the Agreement immediately.

  1. INTELLECTUAL PROPERTY RIGHTS

We are and shall remain the exclusive owner of the entire right, title and interest in and to any and all intellectual property rights relating to the Services or any technical solutions pertaining to the Services. It is understood that the Customer does not receive any license or any other right to use said intellectual property rights other than as expressly set out in the Agreement.

  1. ASSIGNMENT OF THE AGREEMENT

The Customer may not assign the Agreement, or parts thereof, to any third party. We may assign all, or part of, its rights and obligations according to the Agreement to any third party. We may furthermore engage sub-contractors for the fulfilment of our obligations according to the Agreement.

  1. CHANGES OF THE AGREEMENT

We are entitled to change the Services and these General Terms and Conditions. Such change will enter into force thirty days after a notice of the change is published on the Website. We are however entitled to, with immediate effect, make such changes that are caused by law, regulation or a decision by an authority. If the Customer objects to any amendment or addition the Customer is entitled to terminate the Agreement with immediate effect within the said 30-day-period. As the only remedy for such termination, we will repay the prepaid Yearly Fee for any remaining term of the Agreement. If the Customre does not make such objection, the Customer shall be considered to have accepted an amendment or addition.

  1. TERM OF THE AGREEMENT

The Agreement enters into force on the day that the Customer orders the Services and starts with a free trial period of one (1) month. If the Customer pays the first Yearly Fee before the expiration of the trial period the Agreement will remain force for one (1) year. If payment of the first Yearly Fee is not made before the expiration of the trial period the Agreement expires at the expiration of the trial period.

Before expiration of the one-year-term we will send an invoice for the Yearly Fee for the following year. If payment has not been made before the end of the term of the Agreement, the Agreement will expire. If such payment has been made, the term of the Agreement will be extended for one (1) year.

A Party may terminate the Agreement with immediate effect if the other Party substantially breaches the provisions of the Agreement and fails to correct the breach within 30 days of having received written notice of the breach. Such termination shall be made in writing.

  1. CONSEQUENSES OF TERMINATION OF THE AGREEMENT

At expiration of the Agreement the Customer´s access to the Services will be suspended. Within a month after expiration of the Agreement we will send a compilation of the information given by the Customer in the Services to the Customer.

  1. APPLICABLE LAW

The Agreement will be governed by and construed in accordance with Swedish law.