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With Bisnode Business Contacts you get a seamless##connection to 40 million businesses and decision-makers throughout Europe.
SUBSCRIPTION AGREEMENT FOR ACCESS TO BISNODE BUSINESS CONTACT
(Revised October 23, 2015)
These Terms and Conditions constitute a binding agreement with Bisnode Sverige AB (hereinafter referred to as the Bisnode), company registration number 556436-3421, regarding access to Bisnode Business Contacts. By downloading and accessing the Service the Customer accept and agree without reservation to these Terms and Conditions.
Bisnode reserves the right, in its sole discretion, at any time and from time to time, to replace, modify, add to or retract/delete all or any portion of these Terms. It is the Customer’s obligation to review the most recent version of these Terms from time to time, to ensure your continued acceptance hereof.
Bisnode grants the Customer a non-exclusive, non-assignable right, during the term of the Agreement, for internal use in its own business operations, of the services in accordance with the Agreement; see the more specific provisions governing use of information set forth in Terms and Conditions for Use of Bisnode's Services. Bisnode, or any third party with whom Bisnode has entered into an agreement, holds all rights, including copyrights and other intellectual property rights, to the information and services provided under the Agreement.
Bisnode obtains its information from public sources. Bisnode is not liable for the reliability or completeness of the information. Bisnode assumes further no liability whatsoever for any defects or disruptions in Bisnode Services.
Bisnode shall be released from the consequences of any failure to perform its obligations under this Agreement where such failure is a consequence of any circumstance set forth below and where such circumstance prevents, renders more difficult, or delays performance. Such circumstances shall be deemed to be, inter alia, actions or omissions by public authorities, new or amended legislation, labor market conflicts, blockades, computer hacking, fires, floods, epidemics, sabotage or major accidents. The above-stated shall also apply where such circumstance occurs with respect to a sub-contractor or company performing services under the Agreement. The Customer shall be entitled to terminate the Agreement in the event the circumstance preventing performance or rendering it more difficult continues for a period of more than 30 days. Bisnode shall notify the other Party as soon as a force majeure event is deemed to exist.
Pursuant to the terms and conditions of this Subscription, the Customer undertakes to pay Bisnode for the Services in accordance with the price and invoicing conditions set forth in connection with this Supscription Agreement. Invoices are issued by, and payment is made to Bisnode Sverige AB. Payment shall be made in accordance with the instructions set forth in the invoice not later than 20 days after issue date of the invoice. Bisnode charges an invoicing fee, a statutory reminder fee, and penalty interest pursuant to the Swedish Interest Act (SFS 1975:365).
Disputes regarding the interpretation or application of this Agreement and related legal matters shall be settled by arbitrators in accordance with the Swedish Arbitration Act applicable at the time of the request for arbitration. Bisnode or the Customer shall be entitled to bring legal action before a court of general jurisdiction or the Swedish Enforcement Authority for outstanding due and payable fees for Bisnode Sverige's services or disputes where the amount in dispute does not manifestly exceed SEK 200,000. The Agreement shall be governed by Swedish substantive law.
(a) Terms and Conditions for the use of Bisnode’s Services
Authorisation to use online services
1. In order to order information from Bisnode's online services, access to login information is normally required. The Customer must notify Bisnode which person or persons are authorised to place orders on behalf of the Customer. Such notice must be given by a contact person specifically appointed by the Customer.
2. Bisnode provides a username and password to those persons who are authorised to place orders on behalf of the Customer. The username and password are personal and each user is responsible for ensuring the security of these. When an employee terminates his or her employment, or is no longer entitled to order information, notice must be given to Bisnode's customer services which will cancel the authorisation.
3. In the event a username and password has become known to an unauthorised party, or there is cause to believe that this has occurred, notice must be given immediately to Bisnode.
4. The Customer is responsible for all orders placed through the use of usernames and passwords until such time as the Customer has notified Bisnode that a particular user ID and password shall no longer be used by the Customer.
5. The Customer is responsible for ensuring that all users or authorised officers of the Customer are informed of the terms and conditions applicable to the use of Bisnode's database and information.
6. The granting of authorisation entails that Bisnode will process personal data regarding employees of the Customer for identification and authorisation purposes. The Customer undertakes to inform relevant employees of the data processing in question.
Use of the information
7. The Customer may use the information internally in its business operations and for the contracted purposes for which the services are intended. The information contained in the database may not be passed on or sold, either in its original form or augmented.
8. The creation of computerized archives containing information obtained from Bisnode's online services is not permitted. The creation and use of computer programs for bulk retrieval of information is also not permitted.
Legitimate need in conjunction with the orders of information regarding a private person
9. Pursuant to section 9 of the Credit Information Act (SFS 1973:1173), a credit check on a private person may only be ordered by a party possessing what is commonly referred to as a ‘legitimate need’ for the information. A legitimate need exists where the Customer has provided credit or is assessing a credit application submitted by a private person, or where the Customer otherwise has cause to carry out a financial risk assessment of a private person, for example for a loan, invoiced purchase, payment plan, subscription agreement, lease, rental agreement, factoring or guarantee agreement.
10. Prior to ordering information regarding a private person, the Customer undertakes to verify the identity of the credit applicant. The Customer is responsible for ensuring that personal data is not ordered without a legitimate need.
11. The Customer undertakes to answer questions posed as a consequence of any complaints directed against Bisnode regarding legitimate need in order to investigate individual orders of credit information.
12. "Private person" as used in section 10 does not cover information regarding limited companies, partnerships, limited partnerships, associations, foundations, branch offices, sole proprietors, CEOs, directors, or the partners in a general partnership or limited partnership.
Copy of information
13. Pursuant to section 11 of the Credit Information Act, in certain situations a copy of information must be sent to the person who is the subject of the enquiry, indicating the information disclosed and the end-user of the information. The Customer undertakes to provide necessary information regarding the end-user in order to ensure that a complete copy of the information can be provided to the person who was the subject of the enquiry.
Change in the services
14. Notwithstanding any of the provisions set forth in this Agreement, including the appendices hereto, Bisnode or any Bisnode company shall be entitled to amend the terms or method of delivery of the services covered by the Agreement, provided such change is necessary as a consequence of circumstances beyond the control of Bisnode or the Bisnode company in the form of requirements set forth in legislation and/or decisions by public authorities or changes in the supply of information from Bisnode's sources.
15. Bisnode works continuously with improvements to the Services. Bisnode may therefore, from time to time, make commercially reasonable changes in the Services or changes which are required as a consequence of developments in technology. This means that Bisnode is entitled to change and restructure the content of the Services, modify or replace search systems, or shut down existing services and open new services.
16. Changes in services provided which are brought about as a consequence of the circumstances stated in section 14 shall enter into force no earlier than the day on which Bisnode, as a consequence of the external circumstance, is compelled to change the service or method of delivery.
17. Minor adjustments to a service which relate to updates, improvements in the range of services, or improved functionality or security as a consequence of circumstances set forth in section 15 may be carried out without any requirement that such changes be set forth in writing, provided that such change does not reasonably entail any inconvenience for the Customer.
18. In those cases in which Bisnode shuts down an existing service, the Customer will firstly be offered an equivalent service and thereafter, in those cases in which Bisnode has given notice that an equivalent service cannot be offered, the Customer shall be entitled to terminate the Agreement to the extent it relates to the Service provided.
19. Bisnode’s integrated online solutions and Automatic Log In are governed by Bisnode's descriptions of the services in effect from time to time. The Customer is aware and acknowledges:
a) that changes may be made during the term of agreement and that the Customer is responsible for any necessary adaptations required for access to Bisnode's integrated online solutions and for and Automatic Log In ; and
b) that Bisnode cannot fully restrict the right of suppliers of Bisnode’s information services to implement changes in their systems or services on short notice or with immediate effect, which may entail changes in Bisnode's integrated online solutions.
Specific terms and conditions governing services for direct marketing (DM services)
20. In conjunction with the use of Bisnode’s services for direct marketing, the Customer shall comply with SWEDMA’s General Terms and Conditions for DM; see appendix 1a. SWEDMA’s terms and conditions apply as a supplement to these terms and conditions and shall have priority of interpretation over these terms and conditions unless otherwise specifically stated or where the circumstances obviously so require.
21. The Customer is responsible for ensuring that dispatches containing personal addresses from the selection service contain clear information regarding the source of the address.
22. The Customer is responsible for verifying information provided in Bisnode's DM services, by carrying out quantity controls and spot checks. The Customer shall be deemed to have approved the quality of the delivery at the time Bisnode's Services are placed in use.
23. The Customer undertakes not to use information for selection purposes beyond such time as the purpose has been fulfilled and, as a general rule, not later than three months from the date on which the information was made available to the Customer.
24. The liability terms and conditions set forth in appendix 1a (SWEDMA’s General Terms and Conditions for DM) apply to Bisnode's Services which are DM services.
Required permits from public authorities
25. The use of some of Bisnode's services is governed by separate terms and conditions and permit requirements, for example those of SPAR/National Tax Agency, the National Land Survey, and the Swedish Transport Agency.
26. Bisnode reserves the right to discontinue or restrict the Customer's access to Bisnode's Services and/or to terminate the Agreement with immediate effect in the event:
(i) the Customer breaches the terms and conditions governing the use of the Services;
(ii) the Customer fails to comply with the provision governing legitimate need;
(iii) notwithstanding a reminder, the Customer has failed to make payment of any invoice within the stated period of time;
(iv) for any reason, Bisnode deems that the Customer's continued access to, or use of, Bisnode's services is causing damage or impediments, or the risk of Bisnode suffering such consequences.
27. Such access may not be discontinued or restricted in minor cases.
28. Where applicable, instructions or a user manual may be published in respect of the use of a particular service indicating how the service is to be used, for example item descriptions, product information or interpretation guides. The Customer shall be obligated to comply with any instructions or user manuals in order to ensure that the service is used correctly.
(b) Price and invoicing conditions
End-user Subscription Fees contained in the payment summary screen will be binding for a period of twelve (12) months following the Effective Date. The agreement will be extended by one (1) year unless notice is given no later than three (3) months prior to the initial contract expires.
Bisnode Business Contacts is free to download and install, 15 days free trial and thereafter 89 USD per user per month. All users above 20 for 69 USD per user per month. Maximum 300 Accounts and Contacts downloads per user and month.
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