w18-119 General Terms and Conditions – Invoice Mobile (Rev. B 2018-04-25)
Worxmate AB, Scheelevägen 27, 223 67 Lund, tel. 046-2886288, org. No. 559016-6079, hereinafter referred to as 'Worxmate'. The customer, who registers and uses Worxmate's services online, hereinafter referred to as 'the customer'.
Worxmate's services consist of the services Worxmate, InvoiceMobile, Mobile Invoice, Taximate, Thinxmate and upcoming mobile & cloud products. The services for which the customer is invoiced are hereinafter referred to as the Service. This agreement is called the Agreement.
Commitments and rights
Worxmate undertakes to:
(a) give the customer access to the service; The service includes access to web service and is normally available 24 hours a day, with the exception of planned downtime. Planned downtime shall, as far as possible, take place outside business hours. Worxmate guarantees an availability of the service of at least 99% per quarter excluding planned downtime. In the event of lower availability during a calendar quarter, the customer is entitled to a 50% reduction in the fee for the next quarter.
c) Protect the privacy of the customer's user by turning off the user's location feature if the user so requires.
d) Provide customer support via email and chat function. Paying customers also have telephone support during business hours weekdays from 10:00 to 18:00. 9-15. Outside of office hours, a response delay can occur until the next weekday.
The Customer undertakes to:
a) Provide accurate user information and keep it up to date
b) Be responsible for ensuring that user identity and passwords do not come into the wrong hands. The Customer shall promptly notify Worxmate of any loss of username and/or password. The customer is responsible for liability and all use of the service until the loss is notified.
c) Do not sell or re-access the service to 3rd party
d) Do not use the service to create inconvenience to Worxmate or other users
e) Hold Worxmate liable for any claims made by 3rd party or customer users due to use of the service
f) Obtain consent from all users connected by the customer to the service that they become connected and that this also means that location data will be collected in some cases.
Fees and other payment terms
The Customer is responsible for the use of the service and is obliged to pay fees for the availability and use thereof. For subscription services, payment is normally made by debiting the customer's registered debit card, or invoice is sent out to the user's contact details electronically via e-mail. If the invoice cannot be delivered because of the invalid e-mail address or customer wishes paper invoice, the invoice is sent out by regular mail with a billing fee of 29:-. Unless otherwise agreed, monthly fees are invoiced three months in advance and additional costs incurred, e.g. in the amount of the fee charged. additional invoices or eLetters, calculated and invoiced in arrears. The customer is responsible for ensuring that the card is chargeable on the day the invoice expires. If the invoice is sent out, it must be paid in accordance with the instructions given on the invoice. If the payment is not completed on the due date, interest on late payment is payable in accordance with the Interest Act from the due date. The customer is obliged to pay compensation for written reminders and for collection costs according to law. Worxmate reserves the right to change prices one month after notification.
Limitations of liability
The guaranteed availability excludes circumstances beyond worxmate's control, such as the fact that worxmate cannot control the circumstances of the product. problems with the customer's connection to the Internet, lack of communication or other products or services from the supplier, or reduced availability due to DoS attacks. Worxmate is also not responsible for traffic costs (e.g. sms traffic) that occurs during the use of the service. Worxmate reserves the right to change the service description and technical system solution for the service. Modification work shall be carried out taking into account the customer's needs and in such a way as to limit any interference. Worxmate is not liable for damage or loss in the event of delay, interruption, non-delivery or incorrect delivery of data or circumstances of a similar nature. Worxmate is never liable for indirect damages, such as lost profit or production, loss of data, etc.
Term of contract and termination
As soon as the customer has ordered the Service, the Agreement begins to run. The term of the contract is the same period as the payment period. The contract is automatically renewed for the same period if the Service has not been terminated in writing no later than one week before the end of the contract. The User has the right to terminate the Agreement within 14 days of ordering the Service (open purchase). Worxmate will refund any license fees paid by Users prior to such termination. No other fees will be refunded. Termination of the Agreement/Service is made in writing by email to firstname.lastname@example.org
Worxmate has the right to immediately close the service if: Despite reminders, the Customer does not pay payment within the prescribed time, the customer uses or is likely to use the Service in a manner that incurs damage or inconvenience to Worxmate or 3rd party, e.g. to use the Service without user consent or in violation of applicable law or government instructions or in violation of these terms.
The customer is obliged to pay fees until the service is suspended.
If a Party is prevented from fulfilling its obligations under this Agreement by circumstances beyond its control such as lightning, labor dispute, fire, amended government algovernmental provision, government intervention, sabotage, rebellion or riot, export or import restrictions, as well as failure or delay in subcontracting services, the Party shall be given reasonable time to remedy this. The party is not obliged to pay compensation for any loss or damage that the other party may suffer as a result of the circumstance.
Dispute over the agreement is primarily handled between the customer and Worxmate. Disputes that cannot be resolved shall be settled by arbitrators in accordance with Swedish law.
Annex A: Data processing agreement
Data Controller: "Customer"
Data processor: Worxmate AB
Corporate registration number: 559016-6079
Country of establishment: Sweden
"Data Processor" means Worxmate AB for the services listed in Worxmate AB General Terms and Conditions, §1 General. The Data Controller refers to the Customer.
Worxmate's general questions about the agreement and Worxmate's processing of personal data are reported on http://www.worxmate.se/dataskydd/.
1.1 Both Parties confirm that the signatories are authorised to enter into this Data Protection Agreement ("Agreement") which is an integral part of the service agreement(s) signed between the Parties (the "Service Agreement"). This Agreement governs the Processing of Personal Data in connection with the applicable Service Agreement at any time.
1.2 Worxmate acts in accordance with the Worxmate Privacy Statement available on http://www.worxmate.se/dataskydd/.
2.1 The definition of Personal Data, Special Categories of Personal Data (Sensitive Personal Data), Processing of Personal Data, Data Subject, Controller and Data Processor is the same as that used in applicable data protection legislation, including the General Data Protection Regulation (GDPR), as applicable in this Agreement and in Europe from 25 May 2018 and at any time applicable national supplementary legislation, together hereinafter referred to as "Applicable Personal Data Legislation".
2.2 For the for the part of this Annex, the Controller is referred to as "Customer" or "Party", the Controller as "Worxmate" or "The Party" and collectively as "The Parties".
3.1 The Agreement governs Worxmate's Processing of Personal Data on behalf of the Customer and describes how Worxmate shall ensure data protection, through technical and organizational measures in accordance with applicable Data Protection Legislation.
3.2 Worxmate's Processing of Personal Data on behalf of the Customer is to fulfil obligations under the Service Agreement.
3.3 This Agreement takes precedence over any conflicting provisions regarding the processing of Personal Data in service agreements or in other agreements entered into between the Parties.
4 Worxmate's obligations
4.1 Worxmate may only process Personal Data on behalf of and in accordance with the Customer's documented instructions. By entering into this Agreement, the Customer instructs Worxmate to Process Personal Data as follows:
(i) only in accordance with applicable law;
(ii) to fulfil all obligations under the Service Agreement;
(iii) specified by the Customer's normal use of Worxmate's services and
(iv) as set forth in this Agreement.
4.2 Worxmate has no reason to believe that there is legislation preventing Worxmate from following the instructions set out above. Worxmate shall, after becoming aware of it, inform the Customer in cases where the Customer's instructions or processing, according to Worxmate, violates applicable data protection laws.
4.3 The categories of Data Subjects and Personal Data covered by Processing in this Agreement are set out in this document.
4.4 Worxmate shall ensure the confidentiality, integrity and availability of Personal Data in accordance with applicable Personal Data Laws. Worxmate shall implement systematic, organisational and technical measures to ensure an appropriate level of security, taking into account the state-of-the-art technology and implementation costs in relation to the risk involved in the Processing, and the type of Personal Data to be protected.
4.5 Worxmate shall assist the Customer with appropriate technical and organisational measures, as far as possible with the nature of the Processing and the information available to Worxmate, in order to comply with the Customer's obligations under applicable data protection legislation regarding requests from Data Subject and General Data Protection pursuant to the General Data Protection Regulation Articles 32-36.
4.6 If customer needs information about security measures, documentation or other information about how Worxmate Processes Personal Data, and such requests involve more information than the standard information provided by Worxmate to comply with applicable data protection laws as a Data Processor, and that means more work for Worxmate, Worxmate may charge the Customer for such additional services.
4.7 Worxmate and its staff shall ensure the confidentiality of Personal Data processed under this Agreement. This term applies even after the Agreement has expired.
4.8 Worxmate shall, by promptly and without undue delay notifythe Customer, enable the Customer to comply with the legal requirements applicable to information to the relevant data protection authorities and Data Subjects regarding personal data breaches.
4.9 Furthermore, Worxmate shall, to the extent practicable and lawful, notify the Customer of;
i) requests for disclosure of Personal Data obtained from a Data Subject
(ii) requests from authorities, such as the Police, for the disclosure of Personal Data
4.10 Worxmate may not respond directly to requests from Data Subject without the consent of the Customer. Worxmate may not share content of the Agreement with authorities
such as the Police, including Personal Data, except as required by law, for example by court order or similar order.
4.11 Worxmate has no control over whether and how the Customer chooses to use any third-party integrations via the Worxmate API, via direct database connection or similar. Responsibility for such integrations with third parties is solely the responsibility of the Customer. Worxmate is not responsible as Worxmate for the possible processing of Personal Data through such third-party integration.
5 Customer's obligations
5.1 By signing this Agreement, the Customer acknowledges that the Customer:
- when using the services provided by Worxmate under the Service Agreement, Processing Personal Data in accordance with the requirements of applicable data protection legislation
- has a legal basis to process and disclose the relevant Personal Data to Worxmate (including any sub-assistants used by Worxmate).
- is solely responsible for the accuracy, integrity, content, reliability and legality of the Personal Data provided to Worxmate.
- has fulfilled all mandatory requirements and obligations to notify or obtain permission from the relevant authorities for the processing of Personal Data.
- have fulfilled their obligations to provide relevant information to Data Subjects regarding the processing of Personal Data under applicable personal data laws.
- agrees that Worxmate has provided assurances regarding the implementation of technical and organisational security measures sufficient to protect the privacy and personal data of data subjects.
- when using the services provided by Worxmate under the Service Agreement does not transmit any Sensitive Personal Data, or data related to criminal convictions and violations to Worxmate. If such transfer occurs, Worxmate cannot be held responsible for the improper processing of these Sensitive Personal Data.
- shall maintain an updated record of the types and categories of Personal Data that he processes.
6 Use of sub-assistants and data transfer
6.1 As part of the delivery of services to the Customer under the Service Agreement and this Agreement, Worxmate may use subcontractors in the sub-counseling role. Such subcontractors may be sister companies of Worxmate AB or external subcontractors (third parties) inside or outside the EU. Worxmate shall ensure that subcontractors agree by contract to assume responsibilities corresponding to the obligations set forth in this Agreement.
6.2 Current subcontractors with access to Personal Data are published on the Worxmate Privacy website http://www.worxmate.se/dataskydd/ which through this Agreement have been accepted as assistants by the Customer.
6.3 The Customer may at any time request a complete overview and more detailed information about the subcontractors involved in the delivery of the service under the Service Agreement.
6.4 If the subcontractors are located outside the EU, Worxmate shall ensure that the transfer takes place in accordance with applicable Personal Data Legislation. The Customer hereby gives Worxmate the authority and authority to ensure appropriate legal grounds for the transfer of Personal Data outside the EU on behalf of the Customer, e.g. by signing EU Standard Contractual Clauses on behalf of the Customer or transferring Personal Data in accordance with the EU/US Privacy Shield.
6.5 Customer shall be notified before any changes are made to subcontractors who process Personal Data. If the new subcontractor is proven to not comply with applicable data protection legislation and the subcontractor continues to comply with applicable data protection legislation, after Worxmate has been given a reasonable time to ensure that the subcontractor complies with the regulations, the Customer may terminate the Agreement. Such termination may imply the right to terminate the Service Agreement, in whole or in part, under the termination clauses contained in the respective Service Contracts. An important part of such assessments shall be the extent to which the subcontractor's Processing of Personal Data is a necessary part of the services provided under the Service Agreement. A change of subcontractor shall not in itself be considered a breach of the Service Agreement.
6.6 By signing this Agreement, Customer accepts that Worxmate uses subcontractors as described above.
7.1 Worxmate is committed to providing a high level of safety in its products and services. Worxmate provides the level of security through organisational, technical and physical security measures, in accordance with the information security requirements described in article 32 of the Gdpr. Furthermore, the internal data protection framework used by Worxmate AB is intended to protect confidentiality, integrity, accuracy and access to Personal Data. The following measures are of particular importance in this respect:
- Classification of Personal Data to ensure the implementation of security measures corresponding to risk assessment.
- Evaluation of the use of encryption and pseudonymisation as risk mitigation factors.
- Restriction of access to Personal Data to those who need access to fulfil the obligations of this Agreement or Service Agreement.
- Use of systems that detect, restore, prevent and report personal data breaches.
- conduct ing security analyses to assess the quality of current technical and organisational measures to protect Personal Data, taking into account the requirements of applicable data protection legislation;
8 Audit rights
8.1 The Customer has the right to conduct annual audits of Worxmate's compliance with the terms of the Agreement. If required by law, the Customer may request audits more frequently. Since Worxmate AB's services are multi-user environments, the Customer gives Worxmate the power, for security reasons, to decide that auditing should be performed by a neutral third party auditor chosen by Worxmate.
8.2 If the requested audit area is included in an ISAE, ISO or similar audit report conducted by a qualified third party auditor within the preceding 12 months, and Worxmate confirms that there are no known material changes to the measures reviewed, the Customer accepts this audit report instead of requesting a new audit of measures already reviewed.
8.3 If the Customer does not accept the neutral third party auditor chosen by Worxmate AB, the Customer may, together with Worxmate AB, choose another neutral third party auditor.
8.4 The Customer will bear any costs incurred in connection with the audits requested. Assistance from Worxmate that exceeds the standard service provided by Worxmate and/or Worxmate's subcontractors to comply with applicable data protection laws will be charged.
9 Duration and termination
9.1 This Agreement is valid as long as Worxmate Processes Personal Data on behalf of the Customer under applicable Service Agreement.
9.2 The Agreement automatically expires when the Service Agreement expires. Upon termination of the Agreement, Worxmate will delete or return Personal Data processed on behalf of the Customer, in accordance with the applicable clauses in the respective Service Agreement. Unless otherwise agreed in writing, the cost of such measures shall be based on;
(i) hourly rates for Worxmate's time and
(ii) the complexity of the requested process.
9.3 Worxmate may retain Personal Data after the Agreement has expired, to the extent required by law, with the same type of technical and organizational security measures as described in this Agreement.
10.1 Liability for breach of the terms of this Agreement shall be governed by liability clauses in the respective Service Agreements between the Parties. This also applies to any infringements committed by Worxmate subcontractors.
11 Applicable law and jurisdiction
11.1 This Agreement is subject to applicable law and the jurisdiction set forth in the respective Service Agreements between the Parties.
12 Categories of Personal Data and Data Subjects
12.1 Since Worxmate's services allow the Customer to arbitrarily process data within the Services, it is not possible to generally disclose the categories of Data Subjects and Personal Data covered by Processing. This information is the responsibility of the Customer to register.
12.2 Customer may not transfer any Sensitive Personal Data to Worxmate. If such transfer occurs, Worxmate cannot be held responsible for the improper processing of these Sensitive Personal Data. Sensitive Personal Data is defined in applicable Personal Data Legislation, i.e.:
- racial or ethnic origin, political opinions, religious or philosophical beliefs,
- details of a person's sexual life or sexual orientation;
- membership of trade unions;
- genetic or biometric data in order to clearly identify a natural person
12.3 Nor may the Customer transfer personal data relating to convictions in criminal cases and infringements.
13 Overview of current subcontractors
13.1 Current subcontractors to Worxmate who have access to the Customer's Personal Data are reported on https://www.worxmate.se/privacypolicy#personaldata_share