Terms and conditions
Terms and conditions for using Swiftcourt's services
|Contract||This user agreement.|
|Customer||The person (private or legal entity) that has agreed upon these terms with Swiftcourt.|
|Swiftcourt||Swiftcourt AB, registered by Bolagsverket in Sweden with organisation number 559084-1721, and registration address Jöns Filsgatan 2, 211 33, Malmö, Sweden.|
|Service||Services delivered by Swiftcourt in accordance with this Contract.|
|Transaction||Contract about a sales of goods between two Customers to Swiftcourt.|
|Transaction agreement||The contract signed between the Customers using Swiftcourt’s service in relation to a Transaction.|
2. Binding agreement
To use Swiftcourt's service, either via a marketplace or direct via the website by creating a contract and a user profile, you must first accept this Agreement. When you accept this Agreement, you've approved the terms in here and entered into a legally binding Agreement with Swiftcourt.
This contract is only binding when, in the case that the Customer is a private person, the contract was made with a person that was at least 18 years old when the contract was made, or in the case the Customer is a registered Company, by the one having the right to sign for the company.
3. Cooling off period
The service is delivered as a remote service of digital content. The service is not provided on a physical medium. Through the customer’s order on the Website, the customer has consented that the time for the delivery has begun and that the consumer’s cooling off period will end when Swiftcourt has fulfilled its obligations under this Agreement. Accordingly, there is no other right to a cooling off period other than the one mentioned above.
4. Description of the service
Swiftcourt provides the customer with access to the online platform where the customer has access to various digital contract templates for sales of goods and services and a method for signing the contracts electronically to document the legally binding agreement and the contract terms between the parties of the Transaction.
Swiftcourt’s signature solution authenticates the signature through the parties mobile phone numbers and sendouts of PDF copies of the signed contract to the Contract parties. Swiftcourt’s signature solution is an electronic signature according to the Electronic Signature's Directive, 1999/93/EC.
Ex: Två parter, A och B, är eniga om att genomföra ett privatköp av en vara och parterna använder Swiftcourts Tjänst. Både A och B anses som Kunder. Genom Tjänsten kan Kunderna ingå ett avtal om Transaktionen anpassat för den specifika varan.
Ex: Two parties, A and B, agree to make a transaction and the parties use Swiftcourt’s platform to create and sign the sales contract digitally. If a dispute arises between the parties, Swiftcourt provides a web-based self-serving mediation service through the platform available for the Contract parties. Also, if the parties can’t reach an agreement in the mediation service, and if the contract contains Swiftcourt’s arbitration clause, the parties can finally resolve the dispute through Swiftcourt’s web-based arbitration process.
The service also includes what is described about the service on the Website.
What the Agreement with the Customer includes, is dependent on each individual order by the customer on the Website.
5. The Service’s opening hours
Swiftcourt shall provide the Customer access to the Service as a web-based service. The service aims to be open between 08.00-17.00 Monday-Friday.
6. Support in case of deficiencies in the Service
Support in case of deficiencies in the Service is available for all Customers using the Service. Interceptions, disturbances and or failures in the Service are reported on the following contact details:
- Livechat: Livechat on the Website
- Mail: email@example.com
Swiftcourt will try to find and resolve the dysfunctions within a reasonable time. The Customer has however no right to claim damages or compensation as a result of deficiencies or interruptions of service. No other warranties or claims may be asserted against Swiftcourt due to errors or disruptions.
7. Storage of the signed contracts
The Contract between Swiftcourt and the Customer is stored and maintained by Swiftcourt for a period of 2 years, or longer if it’s required by law or by accepted accounting principles.
Contracts between the Customers that is signed through the Service are stored by Swiftcourt as long as at least one of the parties has an user account at Swiftcourt. When an user account is deleted, all signed contracts between the Customers that are stored by Swiftcourt will also be deleted when both Parties have approved the deletion. The contract is still a legal obligation between the partes. Therefore, the contract is stored for as long as it is required by law and necessity. A user account may in that case be deleted without the deletion of the signed contracts connected to that user account. A Customer without a user account, but with contracts signed using the Service, can still ask for the information and the data in the contract.
8. Collection and processing of personal data
Swiftcourt handles personal data with respect for people's privacy.
Swiftcourt shall be regarded as a “Data Controller”. Swiftcourt is established in Denmark and thereby under the supervision of the Swedish authorities.
Swiftcourt collects and processes personal information about the Customer when the Customer uses the Service and creates a contract on the Website (personal information).
Swiftcourt also stores signed contracts between the Customers.
The reason behind the collection and processing of personal information is to provide, maintain, market and improve the Service and in any way fulfill the obligations under this Contract.
Swiftcourt will, in connection with deficiency reports or support issues for each individual Customer, use the automatically collected information from the browser settings about the Customer’s computer, IP address, hardware, operating systems and applications (Technical information), that the Customer has given Swiftcourt his consent to collect.
Here are some examples of the information we collect via the browser:
- Information about the Customers unit (PC, mobile, tablet)
- IP address
- hardware, and
- information about the operative system.
The use of this information is necessary for handling support issues. By accepting this Contract, the Customer has given his consent to collect and process the Technical information. Swiftcourt has no right to use the Technical information for other purposes than deficiency reports or support issues. Swiftcourt undertakes to treat all Personal and Technical information collected confidentially.
Transfer to third parties and use of data handlers
Swiftcourt only transfers your personal information to its data handlers. Swiftcourt has the following data handlers under contract:
- DigitalOcean: This is where we have our servers. Some data goes through here to our database. We don't store any Personal information here.
- Meteor Galaxy (Amazon Web Services): We also have servers here and data also goes through here to our database. We don't store any Personal information here.
- Amazon Web Services: We also have servers here and data also goes through here to our database. We don't store any Personal information here.
- Compose: We have servers and our database here. All Personal and Technical data is securely stored here.
- Mandrill: Our mail service provider. We use Mandrill to send out emails to our Customers when using the Service. Some Personal data is stored here in order to be able to send emails to the Customers. The Personal data is never stored longer than 30 days.
- Trustpilot: We send some data to Trustpilot, a service used to evaluate and increase the quality and security of our Service, and to make it possible for our Customers to evaluate their experience and to share their thoughts and opinions of our Service to others. This is voluntarily for our Customers.
When a Customer uses the Service, the Customer can also be offered the possibility to buy or order different add-on services related to the Transaction, for example insurances. When the Customer buy or order such a Service, you accept that Swiftcourt sends the required data to perform the purchase or order. The Customer is always presented with the data sent to the add-on service provider, and the possibility to edit and confirm the data. The Customer can always request what data is sent to the add-on service provider.
All data handlers have data processing agreements in writing with Swiftcourt and fulfills all legal requirements of processing and handling of Personal data.
Access and correction of Personal information
The customer has the right to contact Swiftcourt to request information on which personal data Swiftcourt is processing and request that Swiftcourt corrects inaccurate or incomplete Personal information. The Customer can also ask Swiftcour to correct incorrect Personal data and delete the Personal data. If the Personal data is connected to a signed contract using the Service, the Personal data can only be deleted once both Parties of the signed contract has confirmed the deletion, since the contract still is a legal obligation for both Parties. Read more about this under p. 7.
Request for access and correction of Personal information shall be sent to: firstname.lastname@example.org.
9. Password and logins
Account security, unauthorized use, and control of user accounts
The Customer is responsible for the security of his user identity. The Customer shall not share the password, give someone else access to his account, or do anything else that may affect the security of the user account negatively. The Customer is responsible for any unauthorised use.
10. The Customer’s responsibilities and obligations
The Customer’s obligations regarding use of the Service
The Customer is responsible for the necessary hardware and software needed to gain access to the Service. This includes browser, software for reading signed contracts through the Service stored in PDF-format. The Customer has no right to use the Service in a way that may lead to transfer, distribution or uploading of applications or material that may contain malicious code.
The Customer can only store signed contracts in which he or she is a part of and that is created and signed through the Service.
The Customer shall not use the Service to engage in illegal activities of any kind or upload, mail, email or in any other way process and transfer information in violation of current legislation.
Other unlawful behavior
The Customer may not use the Service in a way that may be perceived as threatening, defamatory, racist, abusive, obscene, vulgar and / or obscene, or that infringes on privacy.
Intentional disruption of service usage
The Customer can not use the Service in a way that creates a security risk or leads to a breakdown of Swiftcourts Service or in any other way that constitutes abuse of the Service.
Use of the Service damaging Swiftcourt
The Customer shall not use the Service in a way that would in any way mean damage to Swiftcourt. The Customer undertakes not to use Swiftcourt's trademarks without the written consent from Swiftcourt.
Use of the Service
The Customer shall only use the Service or the storage on Swiftcourt’s servers in accordance with this Contract.
Consequences in case of contract breach
If Swiftcourt suspects that a Customer has breached his or her obligations in this Contract, does Swiftcourt have the unilateral right to immediately terminate this Contract and exclude the Customer from using the Service without any right to compensation and reimbursement for the Customer. Upon termination, all stored information from and about the Customer will be deleted.
11. Right to use and Content
Definition of use of content
The Customer has a global right, in relation to this Contract, to use the Service and its content (the content is but not limited to all contract templates etc.) (“Content). Through this Contract, the Customer has a right to use the contract templates in the Service and create and sign contracts for private use.
The Customer has no right to commercially reproduce, duplicate, copy, sell, resell or use part of the Service, Website and the Content without written consent from Swiftcourt.
Swiftcourt has the right to change / replace Content at anytime during the Contract period. All immaterial and other rights to the Content is held by Swiftcourt and its licensors.
Content changes will not affect Services already performed.
Limitations of usage
The Customer has no other right to the Content other than the rights mentioned in this Contract.
Guarantees regarding the Content
Swiftcourt does not guarantee that the content meet the Customer’s needs or that the content can be used without interruptions or errors. The Customer is responsible for the content of the Contract and that it meets the Customer’s needs. The contracts are made to be balanced and ensure the need of both parties in a Transaction. Thus, it’s up to the Customer’s to make adjustments to the content of the Contract so it fit the specific Transaction.
Payment of the Service
Swiftcourt reserves the right to at any time change the prices of service. The changes will be published on the Website. Price changes can only be made before the customer has paid for the Service. Changes in pricing occurs when a new price list is published on the Website or by informing the Customer about the changes in connection with the order on the Website.
When the Service is used for signing contracts created on the Swiftcourt platform, will the payment be made through the payment system Stripe.
13. Limitation of liability for damage
Swiftcourt’s responsibility for damages in relation to the Customer and third parties is limited.
Swiftcourt is not responsible for direct or indirect damages or other consequential damages on individuals. The same applies for property damages, economic loss or loss of data The same applies to property damage, financial loss or data loss that affects customer or third parties using the Service.
Limitation of liability
Swiftcourt’s liability under this Contract is limited to what the Customer has paid in fee for using the Service, see p. 7. This does not apply if Swiftcourt has acted with gross negligence or with intent.
14. Duration and termination
The Contract is binding from the time the Customer accepts the Contract when he or she initiates the Service on the Website. Everytime a new Service is initiated, the Customer accepts this Contract, which shall apply to that order of the Service. The Customer’s user account will be erased after 2 months of inactivity. With activity means that a Transaction has been made using the Service or that the Customer has used the communication platform in the Service. The Customer can also request for the user account to be erased.
Immediate cancellation of the Contract
Swiftcourt has the right to immediately cancel the Contract and suspend the Customer from using the Service (including to delete all stored Customer data) if the Customer uses the Service in a way that breaches this Contract.
Damages in case of breach and termination of contract
In case of termination of this Contract due to contract breach by the Customer, Swiftcourt reserves the right to claim compensation from the Customer for damages caused by the Customer’s contract breach or in accordance with general principles of contract law.
Messages sent to the Customer from Swiftcourt is sent primarily to the Customer’s specified email-address or, as an alternative, a text message to the Customer’s specifically stated phone number. Therefore, the Customer is obliged to state his or her correct email-address and fill out the correct contact information. The Customer shall also continuously update Swiftcourt about any changes in the contact information.
Updates of the contact information shall be made either in the user settings or by sending an email to Swiftcourt to the email-address stated on the Website.
16. Changes to the Contract
Swiftcourt reserves the right to change, add and delete functions in the Service. Such changes do not affect already performed services.
Swiftcourt also reserves the right to change, supplement or adjust the terms of this Contract. Swiftcourt is responsible for informing the Customers about the changes to this Contract and for significant changes to the Service. Changes are communicated through the Service, either on the Website or email to the Customer’s email-address. In case of changes to the Contract or the Service, the Customer must explicitly accept the new terms in relation to services performed after the changes are made. Such changes do not affect already performed services.
17. Applicable law and disputes
Any dispute between Swiftcourt and the Customer arising out of this Contract shall be governed by Swedish law in the District Court of Malmö. If the Customer is a consumer, the Customer has the right to initiate legal proceedings at his own legal venue.