Commercial Terms and Conditions – CLIMBER AB
1.1 Invoicing and Terms of Payment
Invoicing takes place monthly. Terms of payment are 30 days net. In the event of payment after the due date, interest will be charged under the current Swedish Interest Act.
Travel and subsistence expenses resulting from the assignment are charged as per Svenska Statens Allmänna Resereglemente (the general rules for travel expenses issued by the Swedish government). Mileage allowance is SEK 5.00/km. Remuneration for travel time shall be half the hourly rate outside ordinary working hours and the entire hourly rate within ordinary working hours (08.00–17.00). Remuneration for overtime is 150% of the hourly rate from Monday to Friday, 06.00–08.00 and 17.00–20.00, and 200% from Monday to Friday, 20.00–06.00, and on Saturdays, Sundays, and public holidays.
1.3 Value-added Tax
If this service will be classed as taxable, the Customer will be charged value-added tax or other statutory charges.
1.4 Right of ownership and use
The Customer is entitled to freely use the results of the Supplier’s work within the scope of this agreement. The Supplier is not entitled without the consent of the Customer to place the results of the work at the disposal of a third party
The Supplier’s staff hereby undertake not to disclose or otherwise make available to an unauthorised individual at or external to the Customer anything about the Customer’s business or other circumstances of a confidential nature, or such information that can cause damage to the Customer, its clients, and other collaborating parties. The Supplier’s staff also undertake to respect the duty of confidentiality regarding the Customer’s customers.
1.6 Force Majeure
Strikes, lockouts, wars, unforeseen military drafting, limitations or disruptions, fires, accidents, or other forms of force majeure, including all incidents outside the Supplier’s control, that prevent, delay or make it difficult to carry out the assignment, entitle the Supplier to a reasonable extension of the deadline, or to cancel the assignment in its entirety without the Customer being entitled to damages. The Supplier’s obligation for remuneration and damages, even in cases where the force majeure clause is not applicable, never encompasses loss or damage that may be caused to the Customer by a third party.
1.7 Product Bugs
The Supplier does not take responsibility for bugs discovered in Third Party software[s] such as but not limited to Qlik, Planacy, Vizlib, and if these lead to extra consultancy hours, the Customer will be charged for the time spent. In the event of suspected bugs and any other questions, the Supplier can, if necessary, help contact and handle the matters with the Third Party Vendor[s], time spent on this will be charged the Customer.
1.8 Special Provisions
The Supplier’s staff shall where applicable utilise the Customers’s rules and norms for documentation, form design, programming, operating environment and similar, and, where appropriate, coordinate software and procedure design with the Customer’s already existing systems.
For as long as the Customer is bound by these conditions and for a period of twelve (12) months after the Supplier ended the assignment at the Customer, the Customer undertakes not to without the Supplier’s written consent, directly or indirectly, through an employee, consultant, owner or investor, or in any other way, engage or recruit or promote that someone else engages or recruits a person employed by or consulting for the Supplier, working in a project at the Customer, or encourage such a person to end their employment or assignment with the Supplier.
All communication regarding employment or engagement of the Supplier’s employees or consultants must go through the Supplier unless written consent exists.
Should the Customer however employ or engage staff or consultants of the Supplier while the assignment is in progress or within the above mentioned twelve (12) month period without written consent from the Supplier, the Customer will be obliged to pay a fine of 250 000 SEK
1.10 Cancellation of Allocated Resources
When cancelling allocated resources, the Customer shall inform the Supplier thereof no later 10 days before they are scheduled to be used. If cancellation takes place later than this, the Supplier reserves the right to invoice 80% of the cost for up to 3 working days per resource.
1.11 Fee’s and Pricing
Invoicing is done on a monthly basis. The Supplier reserves the right to renegotiate all fees every year.
1.12 Disputes Procedure
Disputes relating to the interpretation or application of this agreement, or its legal implications shall not be decided in court but instead be decided by arbitrators under applicable Swedish arbitration legislation. However, as far as undisputed overdue claims are concerned, the Supplier always has the right to make claims in general court.