» version 2.4.0 - posted on 2006-05-23
IMPORTANT NOTICE: please read carefully. This Agreement is between One4000 AB (One4000) and you, the User or the Customers.
One4000 is the Application Service Provider that will bring services to you that are related to the One4000 Telecom service.
Trademarks. The names, logos and taglines identifying One4000 products and services are proprietary marks of One4000 and its affiliates. All other trademarks and logos that are not owned by One4000 are the property of their respective owners.
Fees and Charges, Payment Terms, VAT and Taxes. One4000 may determine and impose Fees and Charges as well as the Payment Terms and may vary or revise any or all of them from time to time and such variation or revision shall take effect as from the date determined by One4000. The Customer shall only be charged Fees and Charges in respect of the Services that it has applied or subscribed for or has utilised. The Customer shall bear and pay all Taxes. If the Customer is required under the Law or the law of any jurisdiction outside Sweden to deduct or withhold any sum as Taxes imposed on or in respect of any amount due or payable to One4000, the Customer shall make such deduction or withholding as required and the amount payable to One4000 shall be increased by any such amount necessary to ensure that One4000 receives a net amount equal to the amount which One4000 would have received in the absence of any such deduction or withholding. Customers within EU shall pay VAT in accordance with the Laws and regulations for the EU jurisdiction.
Refund. Private Customers: Memberships or any monthly subscriptions may be cancelled and refunded if notified to One4000 through e-mail within 14 days of registration or purchasing. There is no refund if the service has been used during the first 14 days after registration or purchasing, and the customer has started to use the prepaid telecom credits or minutes. There are no refunds or credits for unused telecom credits or minutes at the termination of an account.
Account information. The Customer is responsible for keeping the account information, such as e-mail address and phone number, updated and accurate at all times. Any consequence due to the account information not being updated, is the sole responsibility of the Customer.
Termination of account. One4000 may, after having notified the Customer 14 days in advance, terminate a Customer account if it has not been used for a period of 90 days. The Customer is not entitled to any refund of telecom minutes not used by the Customer at the time of such Termination.
Suspension. One4000 may suspend (indefinitely or for such period as One4000 may consider appropriate) or terminate (including terminate after suspending) any or all Services at any time after the occurrence of any of the following events, without giving any prior written notice thereof to the Customer: a) any failure, interruption, disruption or congestion of or in any telecommunications network, system or services (whether of One4000 or any other person); b) if, in the opinion of the One4000: the Customer, Customer Group Corporation or any other person has used, attempted to use or is likely to use any Service (whether with or without the authorisation and/or permission of the Customer) in contravention of any Law or any Customer Agreement; or the Customer has breached any material obligation in any agreement with One4000.
Grant of License. You acknowledge that the Service and Software is licensed, not sold. Subject to the terms and conditions of this Agreement, One4000 grants you the right to use the Service. One4000 has no obligation to provide you with, and this license does not entitle you to receive, any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Software. Except as expressly licensed to you in this Agreement, One4000 retains all right, title and interest in and to the Service and Software and all copies thereof.
License Restrictions. You have no right and will not, nor will you authorize or assist others to: (a) produce, manufacture, distribute or copy all or any portion of the Service and/or Software, except as expressly allowed in this Agreement, or (b) license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of the Service and/or Software. You will indemnify One4000 against any loss related to your failure to conform to the requirements of this Section.
Ownership. One4000 and its licensors own the Service, the technology and subsequent updates and improvements. We grant you the right to use the Services in accordance with this Agreement, however, you receive no rights or ownership in the Software, Service or technology. Our Service and technology contain valuable software, confidential information, trade secrets, patents, and other intellectual property rights relating to or residing in our services.
Use of the Service. You assume responsibility for implementing procedures to satisfy your requirements for accuracy of data input and output and for maintaining a means external to the Service for reconstruction of any lost data. You assume total responsibility and risk for your use of the Service.
Member Account, Password and Security. Some of our services may require you to open an account, and/or complete a registration form. If you are assigned a password and user name, or asked to choose a password and user name, you are responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that may occur under your account and you agree to notify us immediately if there has been an unauthorized use of your account or any other breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND SOFTWARE ARE PROVIDED AS IS AND AS AVAILABLE AND One4000 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. One4000 MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USERS REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL One4000 OR ITS AFFILIATES, SUPPLIERS AND PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF One4000, ITS AFFILIATES, SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, One4000, ITS AFFILIATES, SUPPLIERS AND PARTNERS MAXIMUM LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED ANY AMOUNT ACTUALLY REALIZED BY One4000 (LESS ANY PAYMENTS TO YOU) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
Indemnification. You agree to indemnify, defend and hold harmless One4000, its officers, directors, employees, officials, suppliers, licensors, agents, and any third party information providers to the Service from and against all damages, losses, expenses and costs, including reasonable attorneys fees, arising from your violation of this Agreement, your use of our Service, your infringement, or infringement by any other user of your account, or any other right of any person or entity.
Publicity and Release. We may use your name or logo on our Site or in marketing materials relating to the Service. With your prior review and approval, which will not be unreasonably withheld, we may issue a press release announcing your use of our services and products.
Term and Termination. This Agreement may be terminated by either party, with or without notice at any time for any reason. Once you have terminated this Agreement, you may no longer use the Service. The following provisions of this Agreement shall survive any termination: Copyright, Grant of License, Use of Service, Use of Internet, Indemnification and Miscellaneous.
1. Choice of law: This Agreement shall be governed by and construed in accordance with Swedish law, without giving effect to applicable conflict of laws provisions. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction and venue of the applicable courts of Stockholm, Sweden, for the purposes of enforcing any claim arising under these terms and conditions.
2 English language: This Agreement has been prepared in the English language and such version shall prevail in all respects. Any non-English version of this agreement is for accommodation purposes only.
3. General Provisions: One4000 may assign its rights and duties under this Agreement to any party at any time without notice to you. We reserve the right to modify our site and policies at any time without notice to you. If any of the terms in this Agreement are deemed invalid, that term will be deemed severable and will not affect the validity and enforceability of any remaining conditions. The captions and headings used in this Agreement are for reference only and will not be considered in construing this Agreement. This Agreement embodies the entire agreement between the parties. Any and all rights and remedies of One4000 upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on One4000, and the exercise of any one remedy will not preclude the exercise of any other.