Bernskiold Media AB (also „Bernskiold Media”, „we” and „us”) with the Swedish organization number 556893-1652 is hired by the Customer (also „you” and „your”) to do work. The terms of the work we do for you is set in this contract, together with any other contracts you and us may have signed. Together, they all make up the „contract”.
About the Contract
The contract is applicable to all types of work that you ask us to do, unless we have agreed differently in another contract.
If this contract has appendices, they will be valid over this contract. The appendix with the higher number is valid over the one with the lower number.
If there is another contract for a specific project or service, it will be valid over this contract.
When we in this contract talk about „in writing”, we also mean electronic communication such as e-mail.
Scope of Services
All services that we supply to you for whatever reason will be supplied per an ongoing agreement between you and us.
We don’t promise any specific availability and you don’t promise to use our services with any minimum hours or fees.
So that we can help you properly we need you to give us all necessary information that we request within a reasonable timeframe.
We are allowed to hire a sub-contractor. If we do this, we will be responsible for their work as if it were done by us.
We strive to always control that the person ordering from us are allowed to. The person who signs this contract as well as the signatories of the company are always allowed to order work from us.
Also, we trust that people with the company e-mail address who contact us with orders and requests also have the right to order.
Fees and expenses
Our fees are normally based on the time we spend. This can be on things such as research; strategy; development; graphical design; project management; meetings with you or others.
In addition to the time we have spend, our fees can also take other factors into consideration. This can be the complexity of the task, its urgency, required expertise or value.
If we haven’t agreed on anything else, our hourly fees and other fees are set according to our at any given time applicable price list.
By giving us the directions to perform work for you, you also give us the right to incur expenses that we deem to be necessary. You are required to reimburse us for these expenses.
We always to try ask you before we incur an expense for you. However, sometimes the urgency of the matter makes it impossible.
All our fees and estimates (below) are excluding value added tax (VAT) and similar items which will be added as per praxis and applicable regulations.
Estimates and proposals
We are more than happy to provide you with estimates/quotes/proposals (from here on just „estimates”) for the fees for a task beforehand. To be on the safe side, we strive to always do this in writing, even though non-written estimates are also valid.
An estimate is, if nothing else is stated, valid for 30 days from the day on the estimate.
Unforunately there are some things we can’t estimate in advance. Unforseen events and difficulties as well as extra work that you order after the estimate, or work that is implicitly required by you in your communication with us.
We strive to inform you as soon as we see that our fees are going to exceed the estimate.
The estimate shouldn’t be seen as an agreement for a fixed price, unless something different has been stated in writing.
Payment and Invoicing
We invoice you regularly for work that we have done. Most often this will be monthly in arrears, or at certain intervals during a project. Sometimes we may also ask for payment in advance.
On every invoice from us there is a due date when we expect to have received payment. Normally this is 15 days from the invoice date, unless we have agreed differently.
Should you against all odds not pay the invoice in time, a late payment interest will be added with twelve (12) percent from the due date until we have received payment in full.
We also reserve ourselves the right to pause all work for you until we have been paid in full. If you don’t pay, in spite of reminders, or if you regularly don’t pay in time, we may cancel this contract immediately.
Everything sorrounding non-disclosure in this contract is mutual and apply equally to you and us.
With „confidential information” we mean all forms of information (such as technical or commercial) regardless of whether the information has been documented or not.
Exceptions are made for information that is public knowledge or are made public knowledge, unless the information becomes known through a breach of this contract.
Confidential information that has been or is received about the other party (or other companies within their group) mustn’t be revealed. It may also not be used, except in the way necessary to perform the task that the other party has requested.
Employees, sub-contractors, board members and others that are hired or come into contact with tasks where this contract is relevant are also covered by the same non-disclosure terms.
The non-disclosure terms are valid up until two (2) years after this contract has been terminated, even if other contracts already have expired.
We may use your company name and say that you are a client of ours in marketing, as well as show examples of the work that we have done for you.
We will process your personal data in accordance with the GDPR.
Personal data that we process include company name, e-mail address, name of contract person and in some cases your IP-adress that is given to be able to fulfil this contract. For sole proprietors we also process the personal indentity number.
To secure the identity of the person who signs the contract with us, we process this person’s personal identity number if applicable.
Personal data is used in order for you to be able to enter into the contract with us, and for us to be able to fulfil it. We also use the data for marketing- and customer purposes as well as for statistics.
You may once per year, free of charge, request a record of all the personal data that we have registered about you.
If the personal data is incorrect, incomplete or misleading you can request that we correct or erase the data without any unnecessary delay.
After all agreements between us and you have expired we may process your personal data for a maximum time of one (1) year. Following that only in order to delete or anonymize your data.
In the cases where we have access to and process personal data for you, a separate data processing agreement will be signed by both you and us.
We always maintain an updated and detailed Data Protection Policy on our website. This policy is part of this contract. The policy is updated regularly when necessary. When larger changes happen we must notify you.
We are not responsible for products made by a third party that we recommend or purchase.
Information provided to us by you is something we can’t be responsible for. It is your responsibility to ensure that information is in agreement with applicable swedish and international laws; that it doesn’t go against good practice; that it is correct; and that you have the right to process/use the information.
Should we learn that what is written above isn’t correct, you are responsible for all damages, claims and costs that we may have because of this.
We are responsible for information that we supply and that it is in agreement with applicable swedish/international laws; that it doesn’t go against good practice; that it is correct; and that we have the right to process/use the information.
If we or you fail in a careless way in fulfilling this contract, the other part is entitled to damages. However, only if direct damages can be shown, and not for loss of data.
Should we or you fail in fulfilling this agreement because of gross negligence or by doing so willfully, the other party is entitled to damages for shown direct and indirect damage. Damages are limited in this case by ten (10) times the price base amount at the time of the damage as per the Swedish law (1962:381) on public insurance (lagen om allmän försäkring).
The responsibility for damages are in all cases limited to estimated or agreed upon value of the specific work, as well as the partys insurance. Both we and us ensure that we/you have relevant and sufficient insurance coverage.
Claims for damages or other compensation must be made written and without unnecessary delay: a) At the latest within tre (3) months from the discovery of the damage as well as b) at the latest within one (1) year from when the damage happened.
We are not responsible for things that can be assumed to be due to force majeure or extraordinary circumstances.
Changes, termination & disputes
Neither we nor you may transfer this contract without the written permission of the other party, except within the same group.
If we or you are in breach of any part of this contract, or show signs of insolvency, the other party shall be notified and have thirty (30) days to take action. If this does not happen, the contract may be cancelled immediately.
If you or we want to change anything, it should be done in writing by both parties. Changes may be done by the person who signed the contract, as well as by company signatories.
Swedish law is applicable for this contract, with exception to its conflict rules (lagvalsregler).
Disputes about the contract shall be settled by arbitration under the Arbitration Rules of the Stockholms Handelskammares Skiljedomsinstitut.
The arbitration panel shall consist of three arbitrators. The arbitration procedure shall take place in Stockholm. The language shall be swedish.
In the case where the disputed amount is lower than ten (10) times the amount set by the law (1962:381) of public insurance, at the time arbitration is invoked, the dispute shall be settled in public court with Stockholms tingsrätt as first instance.
Last Updated: May 8, 2018