These terms of subscription regulate the contractual relationship between Triggerbee AB, hereinafter referred to as “Triggerbee”, and “Customer”, regarding the Triggerbee Service, hereinafter referred to as “the Service”.
In addition to this main document, the following appendices form an integral part of the Agreement:
Appendix 1 – Personal Data Assistance Agreement
In the event that there is a conflict between the annexes or otherwise appear incompatible, this main document shall prevail over the annexes. Then the appendices shall apply according to the above-mentioned mutual order.
Triggerbee provides the Service for listening and measuring web traffic on the Customer’s website. In order for this to work, the Customer must place a piece of program code, below the “Script”, which is provided by Triggerbee in connection with the ordering of the Service.
Triggerbee reserves the right to refuse access to the service. Subscriptions may not be transferred without the written permission of Triggerbee.
Agreement shall be deemed to have been reached when the order from the customer is received by the supplier and the supplier has provided the script to the Customer then subscription period begins.
The subscription period is agreed upon order. At the end of the subscription agreement is automatically extended by the agreed term, if Customer does not submit resignation. The notice shall be made by letter or email and be at the Vendor no later than 7 days prior to contract expiration.
End of agreement
Without prejudice to any other rights or remedies which the Parties may have, either Party
May terminate the Agreement without liability to the other Party and immediately on written notice, if the other Party
(a) fails to pay any amount due under the Agreement on the due date for payment, and the amount is still unpaid 30 days after being notified in writing to make such payment;
(b) is in material breach of the Agreement and the breach is impossible to remedy;
(c) is in material breach of the Agreement and the breach is possible to remedy, and fails to remedy that breach within 14 days after receiving written notice of such breach; or
(d) is declared bankrupt, is insolvent, is dissolved or otherwise ceases to carry on business.
If the customer wishes to terminate the agreement, the Customer must:
1) Remove the script from the website
2) notify the supplier in writing of the termination and await confirmation of the dismissal from the service provider.
Failure to pay the invoice is not reason enough to end the agreement.
The Customer understands that failure in removing the script from the site leads to that the service is still being used and therefor charged for. If payment is not received by the Customer and the script has not been removed from the website, the supplier is forced to take drastic measures to enforce the Customer to follow the agreement and remove the script. Such measures are assessed from case to case.
The agreement will terminate immediately without notice, in cases where the customer violates the terms of this agreement, or if the provider removes the script from its website required for the service to work.
The customer is entitled to a refund of fees paid in cases where the supplier terminates the service or the supplier breaches the contract.
Upon termination of the Agreement, all historical data is deleted and will no longer be available through the Service.
Customer may not allow more users than those agreed to use the Service. If that is done the supplier will charge according to the agreement for this.
Customer shall notify the Supplier when changing the billing address.
Customer must notify the Supplier of any unauthorized use of Customer’s account information.
Customer is responsible for complying with the national legislation data controller Personal Data Act for each national market (in Sweden its PUL 1998: 204), and if necessary seek the permission of the visitor / user to store any personal data of / by the supplier.
The parties have entered into a separate personal data support agreement, which applies to the processing of personal data within the framework of this Agreement and which is appended as Appendix 1 to this Agreement.
The customer is responsible for following the applicable data protection legislation in due time and correctly and clearly informing, and if necessary, obtaining the consent of the visitor / user regarding the processing and storage of any. personal information with / through Triggerbee.
The customer’s liability for damages is limited to half of the compensation that Triggerbee receives under this agreement.
Payment is made to the Supplier in the form of Supplier’s applicable subscription fee in advance by invoice and payable within 20 days after date of the bill. Customer shall promptly notify the Supplier if an invoice is considered incorrect. If this is not done within 10 days of the invoice date the customer forfeits the right to such an objection. When payment is delayed interest rate is added, and a reminder charge and when applicable a collection fee.
Suspension of subscriptions
Supplier is entitled to close the service if the customer, despite a reminder, has not paid the invoice within the specified time. Supplier has the right to immediately terminate a subscription without repayment obligation, if the Customer utilizes the subscription improperly.
Improperly include using the service:
- To track objects that are embedded in external / third-party sites (ads, widgets, etc …)
- On brand-riding sites / domains (“typo-squatting”)
- On sites such as the supplier’s discretion may be characterized as “spam” or inproper for use of the Service
- On sites that contain viruses, Trojan horses, or other harmful materials
- To allow more users than those agreed to use the Service
- Failure to comply with current legislation, eg Privacy Act and Cookie Directive
Access to Support Services
The supplier provides user guidance regarding service’s functionality through the user manual and email-based Helpdesk.
Support requests are made to an email address provided by the Provider ([email protected]). The supplier sends immediate acknowledgment that the service request has been received and the Customer shall ensure that the acknowledgment is to ensure that the notification arrived.
Telephone support is available Swedish time, Monday to Friday 9:00 to 17:00, with a lunch break 12-13.
Support service is only available to the person in advance that is appointed by the Customer to be the Customer’s contact person regarding Customer’s use of the Service.
Supplier is not responsible for any inconvenience, damage or loss due to reasons beyond supplier’s control. Possible damages do not include indirect damage or loss of the Customer’s business. Supplier is not liable for interruptions or disturbances caused by circumstances beyond its role as art; accidents, lightning, fire, explosion, war, riots, floods, severe weather, industrial dispute (whether it includes Provider’s personnel or not) or any act or omission by the Authority or other outsiders side.
The Service may contain links to external sites. Provider is not responsible for and has no control of such sites. The information on the site, or available via hypertext link from the site is available without the Supplier’s responsibility. The supplier disclaims all liability in relation to such information.
The supplier does not guarantee uninterrupted access to the Service, or guarantee a certain performance of the Service. Access to the service can be interrupted and delayed for various reasons.
The supplier gives no guarantees or assurances about the validity of the content presented by the Service.
At any harm that failure in service, errors in the instructions or help text, interruption in service or force majeure, the supplier can not be held responsible or liable. Supplier pays back maximum fee paid for the current agreement, this is only when the supplier can be held directly responsible for the damage.
The use of the service is limited to the agreed scope of page views per month. If the actual number of requests exceeds the agreed number the Supplier shall first inform the customer about this and if the violation is repeated, the Customer must pay compensation for the difference, according to the provider of the service provided price list. If the number of page views greatly exceeds the agreed number of page views, the Supplier is entitled to terminate the Service.
Personal data (PUL)
Customer acknowledges the right of the supplier to store data on the Customer’s web traffic on the suppliers own and subcontractors’ servers. Data stored include IP number, details of the visitor’s computer / device, and data such as name and e-mail and other data collected from the visitors.
Through its role as a supplier for the Customer, Triggerbee may need to store and process personal data. Triggerbee does this on behalf of the Customer as in the role of personal data assistant. The customer is responsible for ensuring that the Customer’s use of the service and the storage of personal data does not conflict with applicable laws, such as the Personal Data Act (1998: 2004), the Data Protection Regulation (GDPR) or the Integrity and Communications Regulation (ePR).
The Customer undertakes not to contribute to copy of the service concept, programming, graphics (“Reverse Engineering”) or otherwise infringe on the supplier’s intellectual property rights by violating the Copyright Act (1960: 729), or other applicable laws.
Customer acknowledges the right of the supplier to mention the Customer’s company name and logo in the supplier’s reference lists.