Preamble
Unless otherwise agreed in writing IT Designer is not willing to contract otherwise than on these conditions and the conditions of the order.
Any document emanating from the customer is to have no legal effect whatsoever. These General terms and conditions once made available by IT Designer
to its customers, regardless of the method of communication, incl website itdesigner.se, are applicable for all sales of ITD’s services.
They stay applicable until amended or updated General Terms and Conditions are made available by IT Designer to its customers, regardless of the method of communication.
Order
The customer will draw up its proposal to IT Designer in accordance with these conditions. Any proposal that is not accepted by IT Designer shall
not give rise to any payment compensation whatsoever. The customer’s proposal, when it is accepted, shall result in an Order from IT Designer.
Acceptance of this Order by the customer, by any means of communication, shall constitute a binding agreement on part of the customer
on the conditions of the order and these general terms and conditions.
Price
The contract price shall be the price specified on the order. Any alterations from the price of the order shall be approved in writing by IT Designer.
Delivery
IT Designer shall deliver the services as stated in the Order.
Delivery Date is the date when the services comply with the order and sent to the customer for approval.
IT Designer shall provide the customer with a time-estimation for the services specified in the order. This estimation presupposes that the customer has
provided IT Designer will any and all information and material that may be needed to perform the services and therefore IT Designer will not be bound by any
time-estimations whatsoever. IT Designer will use best efforts to comply with the time-estimation.
The customer shall have seven (7) days to confirm that the services are in accordance with the Order.
Should the customer not confirm this within seven days, the customer shall be deemed to have accepted the delivery.
During the seven-day period described above, the customer is entitled to receive two (2) minor adjustments to the supplied services.
These adjustments must be connected to the services that are described in the Order.
Final Delivery Date is the date when the customer approves the delivery of the services, or; when the seven day period described above comes to an
end without any justified complaints from the customer, or; in the event such complaints have been made by the customer, the adjustments have been made by IT Designer.
Payment terms
Payment shall be received by IT Designer within twenty (20) days of the invoice date, unless otherwise specified in the Order.
Neither a promissory note nor any other undertaking to pay shall be deemed to be payment until fully honoured. Should the customer not pay in due time,
IT Designer shall be entitled to late payment interest of two (2) per cent per month from the due date. The customer shall be deemed to have accepted these
payment terms if no complaint thereto is submitted to IT Designer.
Intellectual property
Unless otherwise agreed in writing, IT Designer reserves the right to any and all intellectual property rights, including copyright,
to the source codes to the material which is delivered to the customer and as a result the source codes shall remain the property of IT Designer.
Retention of property
The services supplied by IT Designer to the customer, and in particular the intellectual property rights relating to the supplied services
shall remain IT Designer’s property until they have been fully paid for in accordance with the Order and the applicable General Terms and Conditions. Particularly,
in the event of the services delivered by IT Designer not being fully paid for as according to the Order or the applicable General Terms and Conditions,
or not paid in due time as stated in the invoice, IT Designer reserves the right to withdraw any material that has been delivered to the customer until it has been paid for in full.
Limitation of liability
After the Final Delivery Date, IT Designer will not be held responsible for the functioning of the delivered services whatsoever.
Force Majeure
Each Party shall be relieved from liability for a failure to perform any obligation under this Agreement during such period and to the extent that
the due performance thereof by such Party is prevented by reason of any circumstance beyond the reasonable control of the Party, such as act of God, war, terrorism,
civil disturbance, malicious damage, strike, lockout, industrial action, lack or failure of transportation facilities, fire, flood, drought, extreme weather conditions,
compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’),
provided that such Party could not reasonably be expected to have taken into account the occurrence and the effects of the occurrence upon its ability to perform hereunder,
and that it could not reasonably have avoided the occurrence and overcome its effects.
The Party desiring to invoke Force Majeure Event hereunder shall give immediate notice to the other Party of the commencement and the cessation of such Force Majeure Event,
failing which the Party shall not be discharged from liability for any non-performance caused by such Force Majeure Event. Both Parties shall make all reasonable efforts
to prevent and reduce the effect of any non-performance of this Agreement caused by a Force Majeure Event.
Priority of documents
In the event and to the extent of any inconsistency between two or more documents which form part of this Contract,
those documents will be interpreted in the following order of priority:
The Order
These General Terms and Conditions
Severability
The provisions of these General terms and Conditions are to be construed separately, and if any one or more of the provisions hereof are not given legal
effect by a court of competent jurisdiction, such provision(s) shall drop out of the Agreement and the Agreement shall be construed and enforced as it is written without such provision(s).
Amendments to the General terms and conditions
IT Designer reserves its right to modify, at any time without notice, the General terms and conditions.
The amended General terms and conditions are applicable from the moment they have first been made available to customers, regardless of the communication support.
The applicable General terms and conditions are available on IT Designer website (www.itdesigner.se) and, upon request, in electronic or paper format:
IT Designer OÜ
Väike Karja 6A
101 40 TALLINN
ESTONIA
E-Mail: [email protected]
Tel +46 8 588 905 00
Disputes Settlements
Disputes relating to the General terms are governed by Swedish Law and shall be settled by Stockholm District Court.
