Agreement Telia Cloud Services
Section 1 General information
These terms regulate the agreement between Paloma In Sweden AB (hereinafter called Paloma) and the Customer regarding the service Paloma (hereinafter called the Service).
Section 2 Agreement period and cancellation
If an agreement has not been entered into in writing, the agreement shall be considered to have been entered into when Paloma has confirmed the order or when the Service has been opened for use. An order can be placed using a form on Paloma’s website, www.paloma.se, by email or verbally. In order to facilitate full use of the Service, someone who wishes to affiliate himself to the Service shall give Paloma the details requested by Paloma in connection with the registration.
The Customer is liable to sign a written agreement if Paloma so requests. Paloma allocates the Customer a username and a password. Paloma may change the identification for technical or operational reasons or for other special reasons, or due to an authority’s decision.
Agreement period for the Service is 1 month.
Cancellation shall take place in writing by email. Failing to pay an invoice is not to be considered to constitute a cancellation. Paloma does not pay back any outstanding licence fee unless Paloma has caused an error or a shortcoming or there is not a delay which is not of insignificant importance to the Customer. An agreement shall be cancelled before a new agreement period has begun. It is up to the customer to know when the agreement period is to be renewed. Paloma is entitled to invoice the customer for each agreement period begun. Paloma does not pay back any outstanding license fee for a remaining section of the period that has begun in accordance with an annual agreement. If the customer cancels, the Service is closed automatically the day after the final date of the agreement. It is up to the Customer to export the data the Customer wishes to keep prior to this before the Service is closed down.
The agreement is automatically extended if it is not cancelled before a new agreement period has begun.
Paloma is entitled to cancel the agreement to cease immediately if Paloma is to close down the Service or incorporate it into another service, or Paloma is to change the terms for affiliation to the Service, e.g. with reference to an increase in functionality or making part of the Service subject to a charge. Any outstanding payment will be credited to the Customer by means of a credit invoice.
Section 3 Price and payment terms
The Service is invoiced in accordance with vid the price that is valid at the time of the order. The price is stated exclusive of VAT or other comparable additions and public charges.
The Service is invoiced after an interval selected by the customer - monthly, quarterly or yearly at the start of the agreement or when it is extended. Unless otherwise agreed, payment shall have been received by Paloma no later than 15 days after the invoice date. If payment is delayed, the Customer is obliged to pay Paloma penalty interest in accordance with Section 6 of the Interest Act from the day on which payment should have been made.
Paloma reserves the right to stop the delivery of the service if payment is not received. It falls to the Customer to inform Paloma of any change of address.
Section 4 Operation, support and customer service
The services are normally in operation 24 hours per day, seven days a week. However, the operation is unmonitored at certain times and operations may be disrupted during these periods. Paloma is also entitled to restrict the operation of the Service without prior warning, in order to undertake upgrades for example.
In cases where notification is sent to the Customer, the email address provided by the Customer is sued to receive operation information.
Paloma provides the Customer with support, if support has been ordered, by email for questions or problems arising with regard to the use of the Service. Support cases received during ordinary opening hours, 09.00-17.00 Swedish time, will normally be answered within four hours. In the summer, there may be shorter opening hours for support. For emergency support cases, the Customer is referred to Paloma’s switchboard, 0225-410 22, to report a case.
Section 5 Technical conditions for the Service
In order to use the Service, the Customer’s technical conditions must satisfy the minimum requirements stated on Paloma’s website for the Service.
Section 6 Restrictions and refusal to deliver
Paloma is entitled to examine the material that the Customer communicates using the Service in order to ensure that the Customer is complying with his undertakings in accordance with these terms.
Paloma reserves the right to immediately stop delivering the Service if the Customer’s use of the Service infringes terms or restrictions set up in this agreement. Examples of restrictions in the use include:
- offensive content such as racism, Nazism/fascism, slander, offence, persecution, threats and pornography
- chain letters and pyramid schemes
- creating a false identity to mislead others
- sending or in some other way making available material whose intangible rights are protected without having acquired the rights to the material or having obtained all necessary permissions to utilise the material
- infringing Paloma’s or other players’ intangible rights
- sending or in some other way making available containing a virus, Trojan horses, worms, delayed-action bombs, cancelbot files, dangerous files or other similar software which may damage the operation of another party’s computer or property
- falsifying or removing author attributions, legal or other types of appropriate notification or ownership indications regarding the origin of transferred material or messages
- infringing the rules of conduct or other guidelines that may be applicable to the Service
- seeking, without permission, to gain access to, disrupt or discontinue the accounts, computers or networks which are attributable to the Service
- preparing access to or attempting to prepare access to information or data through the Service, except for information that Paloma intends to make available to the Customer
- utilising the access to the Service for the purpose of obtaining information to design, develop or update other software
- charging others for using the Service directly or indirectly
- in an apparently unjustified and systematic manner repeatedly importing to and exporting from one and the same address full or large sections of the recipients list and thereby circumventing the applied charging policy for the Service
- the Customer sends emails in such a way that leads to or may lead to blacklisting of the Service’s IP address
Services that are discontinued on the basis of terms in Section 6 or on the basis of payment difficulties on the part of the Customer do not give entitlement to any refund. The Customer’s right to use the Service will then cease immediately. When the Service has been closed, data that has been stored in the Service may be lost. Paloma is not liable vis-à-vis the Customer for the loss of data as a consequence of the Service being stopped.
Section 7 The Customer’s responsibility
The Customer is responsible for ensuring that the Service is used in accordance with laws and regulations that are valid at any one time in Sweden and internationally. The Customer undertakes to indemnify Paloma for all financial or other damage that is attributed to the Customer’s use of the Service.
The Customer undertakes not to reveal his password to any unauthorised person and to ensure that documents containing details of the password are stored in such a way that no unauthorised person can gain access to the password. The Customer shall immediately notify Paloma to block the password if it is suspected that an unauthorised person knows the Customer’s password.
The Customer is solely responsible in relation to Paloma for the information that is transferred, stored or provided through the Service.
The Customer undertakes to use the Service in accordance with the permission marketing principle. This means that the Service will be used to further develop existing relations. A recipient of a mailing must have directly or indirectly consented to receiving information from the Customer. This consent may be given through an existing customer relation, personal contacts or an application form to receive information through the Service, for example.
A recipient of information through the Service shall always be offered the opportunity of deregistering from further mailings using a very visible, clickable link in each individual mailing. It shall be easy to de-register and the desire to do so must always be respected. Sending invitations to launch a newsletter is acceptable on condition that they are one-off invitations to recipient and are sent to a relevant target group that allegedly has an interest in the content.
Paloma does not permit the customer to enter purchased addresses into the Service.
Section 8 Regulations regarding Paloma account
The Customer agrees that there may be only one registered sender per Paloma account. A customer is entitled to open a Paloma account on behalf of a client. However, there may be only one such registered client/sender per Paloma account.
Section 9 Limitation of Paloma’s liability
Paloma is not liable for inconvenience, damage or loss that is due to circumstances beyond Paloma’s control or that Paloma could not reasonably have known about or predicted.
Liberating circumstances shall be considered to be (but not limited to): accidents, war, riots, severe weather, industrial dispute, fault in an operator’s or subcontractor’s computer network or similar event over which Paloma could have had no control. At no time is Paloma liable for indirect damage or consequential damage.
Section 10 Paloma’s liability
In the event of a fault, shortcoming or delay on the part of Paloma which is not insignificant to the Customer, the Customer may receive an adjustment through a free-of-charge extension of the subscription period to reflect the affected share of service loss. At no time are damages paid out for loss of service in accordance with the above.
If no claim for compensation is made within one month of the time when the Service should have opened or the fault should have ceased, the Customer will lose his right to compensation if the claim could have been made at the right time.
Section 11 Changes to the agreement
In order to be applicable, revisions of these general terms shall be approved by the Customer. Until an approval exists, previously-approved agreement terms apply.
Section 12 Changes to charges
A change to charges will be made so that the change is entered onto the pricelist that is valid at any one time. If the Customer does not approve the change or addition, the latter is entitled to cancel his agreement for the Service in accordance with Section 2. If this does not take place, the Customer will be considered to have approved the new terms.
The new terms are applied as of the start of the next agreement period, but always one (1) month after Paloma has informed the Customer of the impending increase. The information is sent to the email address stated by the Customer for receiving operations information.
Section 13 Transfer of agreement
The Customer is not entitled to transfer this agreement to a third party without written consent from Paloma AB.
Section 14 Secrecy
A party undertakes not to disclose to a third party confidential information that a party receives from the other party or which comes to light during the use of the Paloma Service.
Section 15 Information to a third party
Paloma is not entitled to give out address lists to a third party without the customer’s approval.
Section 16 Changes to the Service
Paloma is entitled to change the design of the Service without prior notification and irrespective of the reason for this. Such a change will become valid immediately.
At the time of all changes that may be considered to affect the Customer’s use of the Service, the Customer shall within a reasonable time receive an e-letter containing the corresponding information to the email address stated by the Customer for receiving operations information.
Section 17 Transfer of the Service
The Customer is not entitled to transfer the Service to a third party.
Section 18 Interpretation precedence
Paloma enters into agreements with customers in several countries and translates the agreement into various languages where necessary. If the agreement can be interpreted in different ways owing to linguistic differences, Paloma has drawn up an agreement in English.
Section 19 Applicable law
The formalities for entering into an agreement and the matter of the validity of the agreement between Paloma and a Customer shall be settled in accordance with Swedish Law.
An agreement that has been entered into by Paloma and a Customer will be interpreted and have the legal effects shown by Swedish Law.
Section 20 Disputes
If a dispute arises between the parties, it will be settled in accordance with Swedish Law and by a Swedish court where Stockholm City Court is the court of first instance.