1. Scope and agreement
1.1. This agreement (”Agreement”) applies to the provision of services from Jobtip AB, 559033-2648, (”Jobtip”) to client (”Client”). The services covered by the agreement (”The services”) are stated in Jobtip’s Order Confirmation (”Order Confirmation”). The agreement also applies to additional services unless otherwise specified.
1.2. By using Jobtip’s services, the Client confirms that the Agreement applies, even if the Client has not signed the Agreement in writing. The agreement applies before and replaces all possible previous oral or written negotiations and agreements. If there are deviating terms orally or on any other document, the Agreement shall apply before these, with the exception of deviations explicitly approved by Jobtip in the Order Confirmation
2.1. The agreement entitles the Client to use the Services only in accordance with this Agreement.
2.2. Jobtip is continually developing the Services and reserves the right to make minor changes to the service/services that Jobtip provides to the Client during the contract period.
3. Personal data
3.1. The Client is aware of and agrees that personal data relating to the Client, its users and the personal data that users specify in the service are processed and stored by Jobtip in accordance with a separate Personal Data Processing Agreement.
3.2. The Client is responsible for personal data in relation to the General Data Protection Regulation (GDPR) and Jobtip acts as Data Processor and perform certain services, including data processing, according to instructions from and on behalf of the Client.
4.1. The Services and any intellectual property rights, such as copyrights, trademarks, patents or patentable inventions, database rights and any other rights, including business secrets (“Intellectual Property Rights“), in or to the Services are the property of Jobtip. This Agreement does not imply any transfer of any intellectual property rights at all.
4.2. Through this agreement, the Client only receives the right to use the Services in accordance with the Agreement. The Client does not receive any other rights to Jobtip or Jobtip’s Licensor’s Intellectual Property Rights.
4.3. Jobtip grants to the Client a non-exclusive, non-transferable right to use the Service during the contract period in accordance with these terms and conditions.
4.4. The Client retains the rights to the material that the Client uploads or transfer to the service, and Jobtip only uses the material in the way required to perform the service delivery.
4.5. The Client is aware and agrees that Jobtip may use the Customer’s trademark for text and images, or any content used in the Service.
5. Limitation of Liability
5.1. Jobtip aims to provide high-quality information. Due to the nature of the Services, the Services are provided without warranty on employment or number of applicants, whether express or implied.
5.2. Neither party is responsible for the other for loss of profit, indirect loss or consequential loss, loss of business or goodwill. Neither party has any liability to the other for loss of expected savings, increase in uncertain claims or unsuccessful attempts to reduce uncertain claims. However, the Client undertakes to leave Jobtip and Jobtip’s corporate group of companies without any limitation on liability from loss, cost, damage, claim or claim from third parties or imposed or affected by Jobtip or Jobtip’s corporate group of company because the Client has used the Services or processed personal data received via the Services in violation of the Agreement or applicable law.
5.3. If there is a basis for Jobtip to pay for damages to the Client, Jobtip’s liability for damages shall be limited to the equivalent value of what the Client paid to Jobtip for the Service during the twelve previous months before the liability for damages occurred.
5.4. The party is excluded from the penalty for failure to fulfill the obligation under the Agreement if the failure is based on the circumstance as set out below (“Liberation Circumstance“) and the circumstance prevents, impedes or delays the performance thereof. Liberation Circumstance shall be deemed to be an authority’s act or omission, new or amended law, conflict in the labor market, blockade, war or war danger, fire, flood, scarcity of means of transport, goods or energy or major accident and failure or delay of delivery from subcontractor caused by event outside party control.
5.5. Jobtip is not responsible for direct damage or indirect damage (such as loss of production, loss of profit or other loss) due to lack of availability, function or errors in the contents of the Service.
6.1. Party undertakes not to disclose confidential information about the counterparty regarding transactions, businesses, clients or suppliers except when permitted by clause 6.2.
6.2. Party is permitted to disclose confidential information: to their employees, representatives, and advisors who need the information in order to be able to carry out the party’s commitment according to the Agreement. The party shall ensure that recipients of the information comply with the commitments in the agreement.
6.3. The party shall only use the counterparty’s confidential information to fulfill its obligations under the Agreement.
7.1. The agreed fee shall be paid at the time of ordering against invoice with payment terms thirty (30) days from the invoice date, unless otherwise specifically agreed. All prices are exclusive of VAT.
7.2. In the event of late payment, the annual penalty interest is charged on the invoice amount with the applicable reference rate plus eight (8) percent from the due date. Upon late payment, reminder fee is charged.
7.3. In case of non-payment ten (10) days after the payment reminder has been sent, Jobtip has the right to hand over the invoice for collection measures and to shut down the Services covered by the Agreement. In the event of such suspension of the Services, the Client shall not be released from its payment liability in accordance with the Agreement.
7.4. Volumes specified in the Agreement is referred to as assets during the specified period. Any remaining volume at the end of the period is not included in the next period and does not entitle the Client to get compensated or any reduction of the price.
8. Contract period and termination
8.1. The agreement is valid according to the start and end dates stated in the Order Confirmation. The agreement will terminate at the specified end date without prior notice.
8.2. If the Client does not observe the terms and conditions of the agreement, suspends the payments, enters into negotiations with the creditor or otherwise can be assumed to have become insolvent, ceases to exist or in any way abuses the Services, Jobtip has the right to immediately terminate the Client’s access to the Services and terminate the Agreement without prior notice, without the right of the Client to recover any part of the fee paid for the remaining contract period.
9. Early termination
9.1. The party has the right to terminate the service for immediate termination if the other party is guilty of any material breach of these general conditions or what has oppositely been agreed. Fees paid by the Client will not be refunded upon termination by Jobtip on the basis of this clause.
10. Transfer of the Agreement
10.1. The Client does only have the right to transfer the Agreement to another party if this has been agreed in writing between the Client and Jobtip unless otherwise stated below.
10.2. Jobtip has the right to transfer the Agreement to companies within the corporate group of companies in which Jobtip belong or will belong to.
11.1. Support for the Service is provided during office hours, 8 AM – 17 PM GMT+2 on weekdays.
12. Transfer of the Agreement
12.1. The service is normally available 24 hours a day, every day of the week. However, Jobtip cannot guarantee that the Service is free from errors or interruptions during that time and always has the right to rectify a shortcoming in the Service before the breach of contract exists. Jobtip has the right to make changes to operating methods, technical specifications, systems, opening hours and always has the right to close the Service for eg maintenance.
12.2. Jobtip has the right to change the Agreement from time to time if this has to be done due to new or amended legislation or due to authority’s action or failure by notification to the Client stating when such changes will enter into force, however no earlier than 30 days from such notice.
12.3. Messages regarding this agreement, as well as general information and newsletters, are sent to the Client by e-mail.
13.1. The parties’ rights and obligations in the interpretation and application of the Agreement shall be determined in accordance with Swedish law and dispute shall be examined in a public court with the Gothenburg District Court as the exclusive forum at first instance.
13.2. If different language versions of terms and agreements are invoked, the Swedish version shall take precedence over translated versions.