Terms and Conditions
Swiftcourt AB (reg. no. 559084-1721), a limited liability company in Sweden, with address Jöns Filsgatan 2, 211 33 Malmö (hereinafter “Swiftcourt”, “we”, “us”,” ours” or “our”) provides an online based service, offering digital templates for purchase contracts, electronic signing, secure storage of contracts as well as other transaction related functions on the website swiftcourt.com (“the Website”) with the purpose to help buyers and sellers do business in a secure way.
The Services on the Website are offered to both individuals (natural persons) and to companies (legal entities). If you are using our Services (as defined below) as an individual, you are considered to be a consumer (“Consumer”) whereby certain Consumer protective regulations may apply to our business relationship.
In order to use our services as described herein you as a Consumer, or the company you represent, must first accept the general terms and conditions (“Terms and Conditions”) set out in this agreement (“Agreement”), after which you become our customer (“Customer”, “your” or “you”). These Terms and Conditions constitutes the binding Agreement between you as Customer and us. Please read the Terms and Conditions carefully before accepting them. Your right to use our Service is subject to that you follow the Terms and Conditions in full. If you use the Service in conflict with the Terms and Conditions, we reserve the right to terminate this Agreement with immediate effect.
1. Scope of the service
Swiftcourt gives Customers access to a number of customizable digital contract templates (“Templates”) that can be used to, for example: (i) purchase and sell products or services; (ii) regulate rental or tenancy transactions, or (iii) for other types of business related transactions (“Transactions”). Furthermore, we give Customers access to tools for electronic signing through which they can enter into contracts created with Templates for Transactions (“Transaction Contract”).
Our provision of services and tools for Templates, Transactions, Transaction Contracts and other functions on the Website as described in these Terms and Conditions, are together referred to as the “Service” and is, if not otherwise stated herein, included in the term Swiftcourt.
Example of how to use the Service:
Two parties (party “A” and party “B”), have agreed on A selling a product to B, and wish to use Swiftcourt to carry out the Transaction. With our Templates, Customers can draft the contract together to determine their dealings. A does therefore want to begin the drafting of a contract to which B later can join and take part in creating. Before either party is given access to start the drafting of a contract, they must first accept our Terms and Conditions. The Terms and Conditions can be accepted at the following occasions: (i) when an Account (as defined below) is created, (ii) when a contract is to be drafted, as for party A in the example above, or (iii); when a party joins the drafting of a contact, as for party B in the example above.
When both party A and B have accepted these Terms and Conditions, they are free to create a contract through the Service. The contract is created by the parties with the use of a Template prepared by Swiftcourt, in which the parties may choose the options, terms and conditions they wish to apply on their Transaction. When the parties agree on the terms of the contract, they are free to execute it by electronic signing.
Swiftcourt’s signing solution authenticates signatures, either by Mobile Bank ID, or by means of a verification code being sent to the mobile phone number that Customer has provided on the Website. The Service fulfils, if used in accordance with our instructions, the requirements for “electronic signatures” set out in Article 2 of the (SFS 2000:832) Qualified Electronic Signatures Act. When a Transaction is complete, a PDF-copy of the signed Transaction Contract is sent to each party.
Payment Service on DoneDeal.ie
In the case that you as a user of the Transaction Contract, are buying or selling a vehicle on DoneDeal.ie, an marketplace owned by Done deal Limited, registered in Ireland with registration number 419073 and address 3rd Floor Latin Hall, Golden Lane, Dublin 8, Ireland, you can choose to use the payment service. This is a secure transaction service between to parties in a Transaction. The payment service is delivered to you in a collaboration between DoneDeal.ie and Adyen (www.adyen.com) as a payment and escrow account service provider.
The payment processing services ordered by you by using this service will be provided to you by Done Deal Limited, hereafter called the “Processor”, with which you are entering into a direct agreement by confirming these terms and using the payment service.
Example of how the payment service can be used:
Two parties choose to use the payment service in a Transaction Contract. The payment service is initiated when both parties have signed the Transaction Contract, from the Transaction contract overview on the Swiftcourt platform. The Seller confirms the details about the Transaction and then identifies via an ID document upload. The ID documentation is sent to Adyen for verification. When the Seller's identity is verified, the next step for the Seller is to provide his/her bank account information to which he/she wants the money to be paid out. When this is done, it's time for the Buyer to pay in the money to the secure holding vault hosted by Adyen, using his/her credit/debit card. Both parties will be notified when the money has arrived in the vault and that it is now time to complete the Transaction. The money will be held safely in the vault until both Parties have accepted and confirmed the hand-over of the vehicle. The money will then be released to the Seller's designated bank account. You can read more about how the payment service works here.
If a disagreement arises between the parties regarding a Transaction after the Transaction Contract has been concluded, we offer our customers an opportunity to solve the dispute through mediation with the use of our web-based and self-served mediation service. The mediation consists of us as a third party assists the dialogue between the Parties and provide them with guidance on how to move forward. The mediation is performed via Swiftcourt’s mediation platform, which can be found in the Transaction contract overview on the Swiftcourt platform.
If the mediation fails to resolve the issue at hand between the parties, they need to file a case with the District courts of Ireland.
The mediation does not constitute legal advice and Swiftcourt is not accountable for any liability arising from a Customer using our mediation tools.
In case of a dispute between the buyer and the seller when the money is in the vault
While the money is being held securely in the vault, and before confirmation, hand-over, and pay-out to the seller have happened, the following applies:
The complaining party needs to create a complaint, and DoneDeal will, via Swiftcourt's mediation platform and with the help from Swiftcourt’s Support Team, facilitate the dialogue between the parties. The complaint is created from the Transaction contract overview on the Swiftcourt platform.
The pay-out is then put on hold until any of the following happens:
- The buyer approves the pay-out to the seller,
- The seller approves the pay-out to the buyer,
- The buyer does not answer the complaint within 7 days from the creation of the complaint, and the seller can prove that the vehicle has been handed over. Seller will then get paid in full.
- The seller does not reply within 7 days from the creation of the complaint, and the buyer can prove that the vehicle has not been handed over. The buyer will then get paid back in full (minus the transaction fee for using the payment service).
- If the buyer and the seller can not find a solution within 14 days from the creation of the complaint, DoneDeal will then pay back the money to the buyer in full (minus the transaction fee for using the payment service), and refer the parties to the district court system.
Cancellation of the payment service
It is possible to cancel the payment service before the buyer has paid in the money into the vault. If the buyer and/or the seller wants to cancel the payment, they need to contact Swiftcourt's support for further assistance and guidance. If there is a dispute between the parties, what has been mentioned above applies.
Refunds are not available after the money has been paid out to the seller since it is a private transaction. The parties need to resolve any issues or disputes outside of the payment service, either on their own or via official channels, such as the District Courts of Ireland.
2. Customer's right to use the service
By accepting these Terms and Conditions, we grant you a right to, in accordance with the terms and conditions set out herein and during the Term of this Agreement, use the Service and its functions. The Service is online based and offered via our Website. You as a Customer are solely responsible for having the tools required to access and use the Service. This includes a functioning browser (such as Google Chrome), the ability to receive verification codes when signing Transaction Contracts as well as any software required to be able to read the concluded Transaction Contracts signed through the Service and thereafter saved in a PDF-format (for example Adobe Acrobat Reader).
As a Customer, you may never, under any circumstances:
- commercially reproduce, duplicate, copy, sell, transfer or use any part of the Service, the Website or any other of our property without our written consent,
- use the Service in a way that can lead to the transmission, distribution or uploading of software or material containing malware of any kind to the Service or to another Customer,
- use the Service in a way that include, promote or otherwise involve any form of illegal activities of any kind,
- use the Service in a way that, according to us, can be perceived as threatening, offensive, racist, obscene, vulgar or constitute a breach of personal integrity of any other customers,
- use the Service in a way that can pose a security risk, cause a stoppage in, or in any other way constitute a misuse of the Service,
- use the Service in a way that could cause harm to Swiftcourt,
- without our prior written consent use a trademark, or any other characteristic belonging to Swiftcourt, in any other way than what is covered by these Terms and Conditions.
If you as a Customer act in breach of your obligations set out in this Agreement, we have a right to in our own discretion, immediately terminate your right to use the Service, without you having any right to compensation of any kind. If the Agreement is terminated due to your breach of the Terms and Conditions set out herein, we reserve the right to erase all information saved about you and on your Account (as defined below).
3. The account registration process
4. Account safety
You as a Customer are personally responsible for the security of your Account as well as all actions made through it, including but not limited to the conducting of Transactions as well as the entering of Transaction Contracts. You commit to ensure that the password you have chosen to your Account is kept confidential and that you, in case you suspect any unauthorized access to your password and/or Account, immediately notify us thereof.
If you want to remove your account from Swiftcourt, please contact us at firstname.lastname@example.org and we will assist you as soon as we can.
5. Fees and payment
Unless otherwise agreed upon, Customers have to pay a fee to use Swiftcourt in accordance with the price list provided by us from time to time. The fee to use the Service will be communicated to the Customer before the drafting of a Transaction Contract can begin. The price varies depending on which Template the Client wishes to use. If no fee is communicated to you before you start drafting a Transaction Contract, no fee shall apply to that Transaction Contract. Consumer prices are provided including VAT. Company prices are provided excluding VAT.
Swiftcourt reserves the right to change the price for the Service.
Payments are made through the third party payment service provider, Stripe. You may need to enter into a separate agreement with Stripe regarding your payment. You as a Customer can choose to save your bank card details with Stripe. We do not save, and do not have have any access to any bank card details.
6. Storage of transaction contracts etc.
Swiftcourt offers storage of Transaction Contracts that are created by using the Service. We undertake to store such Transaction Contracts for two (2) years after they have been concluded, or for as long as one of the parties of the Transaction Contract has an Account on Swiftcourt.
If an Account through which a Transaction Contract has been created, is deleted, the Transaction Contract is stored until each Customer constituting a party of the Transaction Contract, has confirmed that the contract shall be erased. An Account can therefore be deleted without Transaction Contracts connected to the Account are erased. A Customer that has had an Account deleted, and the Account has a one or more Transaction Contracts which have been signed with the Account, the Customer can request us to provide access to the information and data regarding the Customer in the Transaction Contract.
We at Swiftcourt strive to make the Service work as great as possible for our users. If a problem occurs related to your use of the Service, we provide support on weekdays between 8 am and 5 pm through:
- livechat on the Website Hjemmesiden,
- via email to email@example.com.
When we receive a report regarding operational disturbance of the Service, we will after our best ability troubleshoot and remediate the disturbance within reasonable time. You as a Customer do not have a right to any renumeration or compensation caused by an error or outage of the Service.
If you are using our Services as a Consumer, you have a statutory right to make a complaint within three (3) years of your purchase. If you have any complaints that you would like to notify us about, please contact us at: firstname.lastname@example.org and we will help you as soon as possible.
9. Term of the agreement
This Agreement enters into force when the Customer accepts the Agreement and shall remain in force until it is terminated by either party (“Term”).
Swiftcourt or Customer may terminate this Agreement at any time by giving the other party seven (7) days’ written notice.
Swiftcourt reserves the right to with immediate effect terminate this Agreement and block the Customer from using either parts of, or the entire Service (including a right to delete all saved information about the Customer) if the Customer use the Service in conflict with this Agreement. If so, Swiftcourt furthermore reserves the right to demand compensation for any damages caused by the Customer related to the breach of this Agreement.
10. Modification of the service
Swiftcourt reserves the right to without prior notice to the Customer, at our sole discretion, modify, add or remove functions within the Service.
11. Changes of the agreement
Swiftcourt reserves the right to change these Terms and Conditions. If such changes occur, you will need to accept the updated Terms and Conditions the next time you log on to the Service and before you will be able use the Service again. If you do not accept such changes, you will not have a right to use the Service.
Changes in the Agreement will be communicated to the Customer on the Website or through e-mail and can be accepted via the Service.
You warrant that you have all rights and permissions necessary to enter into this Agreement. This means that, if you mean to use our Service as a Consumer, that you are over 18 years old and, if you mean to use our Service as a legal entity, you have the rights necessary to represent the company and to enter binding contracts, such as this Agreement.
13. Limitation of liability
Swiftcourt is provided “as is” without any warranties or representations that the Service, its contents or functionality, including the formatting and use of Templates, lives up to the Customer’s demands and expectations, or that the Service can be used without interruptions or errors.
The Customer acknowledges that Swiftcourt through the Service merely provides tools to perform Transactions and create Transaction Contracts, and that the Customer is solely responsible for the formatting, configuration, setup and content in the Transaction Contracts.
Swiftcourt never constitutes a party of a Transaction Contract. It is therefore up to the Customers themselves to edit the content of the Transaction Contract to conform with their mutual intentions of each Transaction.
Swiftcourt is not liable for damages, weather direct or indirect, caused by the Customer’s use of the Service.
If liability would arise for Swiftcourt under this Agreement, our liability is limited to the amount the Customer has paid to use the Service.
14. Force majeure
Swiftcourt is not responsible for the failure or delay in providing the Service or for any other non-performance hereof in event of force majeure. Force majeure includes, for example, war, war-like events, military exercises, terrorism, riots, atomic or nuclear processes, governmental actions, appropriations, strike, blockade, general power outages, general data or telecommunication outages or similar events.
15. Intellectual property rights
Swiftcourt and/or its licensors retains all rights including any intellectual property rights in and to the Website and the Service. Nothing in this Agreement shall be interpreted as a transfer of any intellectual property rights from Swiftcourt to the Customer or any other third party.
Notices sent to Customer from Swiftcourt are primarily sent to the e-mail address provided by the Customer, and otherwise as text message to the phone number provided by the Customer. You are therefore responsible to provide a valid and accurate e-mail address and phone number in order to receive such notices.
You further agree to inform Swiftcourt of any changes regarding the aforementioned contact information. Any updates of your information can be done either through your Account or by sending an e-mail to Swiftcourt to the e-mail address stated on the Website.
17. Right of withdrawal
The Service is an online based service with digital content. You as a Customer accept that the Service can only be delivered to you digitally by computer, smart phone or tablet. The Service cannot be delivered in a physical form. As a Consumer you therefore accept that the right of withdrawal set out in Chapter 2, Article 10 of the Act (SFS 2005:59) on Distance and Off-Premises Contracts is therefore not applicable on this Agreement.
18. Governing law and dispute resolution
This Agreement is governed by Swedish Law.
Dispute regarding these Terms and Conditions shall be finally settled by general court.