Examinare General Terms of Service Agreement
1.1 This general agreement regulates the terms and conditions agreed upon between the Client and Examinare AB (EXAM) regarding the subscription of an account in Examinare and services/features relating thereto.
1.2 The Client is a private person or a juridical person(Business).
1.3 The Client subscribes to at least one account during the agreed subscription period.
1.4 The functions and services included in the account are set out on the Examinare website or on invoices.
1.5 Within the scope of this general agreement an unlimited number of surveys can be made on the account.
1.6 Surveys on a specific account are limited to that organisation, or if the Client is a natural person, the organisation holding the account and which the Client is a part of.
1.7 In case of the account usage exceeding the limitations of the subscription an extra fee will be charged in accordance with at any time current prices.
1.8 The Client has total ownership of the Data including Questions, Results and Contacts. The Client can download Data from the system in form of RAW Data in available download options in the Examinare system. When cancelling an account in Examinare the data will be saved for 14 days then removed from the Examinare system. Examinare, however, have access to Data for Support, Backups etc. according to the clauses in this Contract.
2. SUBSCRIPTION PERIOD
2.1 The subscription period starts when the account is set up.
2.2 The agreement runs for the subscription period chosen by the Client at the time of the order.
2.3 The account ends automatically at 24:00 (Timezone Europe/Stockholm) the last day of the subscription period.
2.4.a If the Client has signed an agreement for yearly billing the subscription period is automatically extended and billed not later than 30 days before the end of subscription period. Cancellation needs to be done 90 days before subscription period ends. Failure to do so will result in responsibility to pay the full yearly amount.
2.4.b If the Client is ordering their account and paying monthly online the subscription is extended automatically every 30 days to the prices shown on the website.
2.5 EXAM has the right to annul the agreement if the Client is in breach of the agreement. In this case no refunds will be made.
2.6 The Client has the right to cancel this agreement with immediate effect within twenty-four (24) hours of the start of the subscription period. Such cancellation must be made in writing and be submitted via fax.
3.1 Fees for the subscription services are invoiced according to contract details yearly, monthly or quarterly in advance, twenty (20) days net, unless otherwise agreed between the parties.
3.2 If EXAM has not received payment within five (five) days of sending a reminder by e-mail and post, the account will be closed until full payment has been received.
3.3 Interest on overdue payment will be charged in accordance with Swedish law. Reminder and collection fees will be charged when applicable.
3.4 The Client must within seven (7) days of the invoice date report an incorrect invoice to EXAM. The Client´s right to dispute the invoice is forfeit should the complaint not be made on time.
3.5 Any changes of fees will be notified at the extension of the subscription period. Such a change of fee applies from the first day of the extended period.
3.6 The Client has the right to annul the agreement if the fee is increased. The cancellation must be made in writing and not earlier than the day of the fee increase.
3.7 EXAM has the right to with immediate effect increase a fee if the increase is directly assignable to a change of foreign exchange, tax or other circumstances beyond the control of EXAM that affect the costs of the agreed services.
3.8 Invoices are sent electronically to the Client’s e-mail address at the same time the account is created. Invoices will not be sent by post to Clients with postal addresses outside Sweden.
3.9 Refunds of subscription fees will only be made when the cancellation of the subscription is due to serious interruptions of the services for which EXAM is responsible. Refunds are only made for the interrupted period.
4.1 The Client has the right to transfer the subscription only after the approval of EXAM.
4.2 The transfer will not be effective until a written transfer agreement, signed by both of the transferring parties, is received and approved by EXAM. When the transfer is finalised the party who transferred its account is not responsible for any future fees connected with the account.
5. RESPONSIBILITIES OF EXAM
5.1 EXAM is not responsible for situations where the Client’s Examinare users are not able to access Examinare due to incorrect use of Examinare or errors of a third party.
5.2 EXAM is not responsible for or liable to pay damages for direct or indirect damages or losses of data and information due to errors, interrupted deliveries, stoppages or interruptions outside the control of EXAM, including but not limited to accidents, fire, explosion, war, riot, thunder, flooding, extreme weather, labour dispute or omission or negligence from a governmental body or from another third party. EXAM cannot be held responsible or liable to pay damages if intrusion is made into the computer systems of EXAM or EXAM’s suppliers and access to information and files belonging to the Client access to, changes to or the deletion of such information and files are made.
5.3 EXAM and its suppliers have the right to search the Client’s information and data for system maintenance purposes and the control of issues as per paragraph 7.2. EXAM has the right to move and copy information and data for technical purposes such as, but not limited to, back up and server changes. This is not refundable interruptions to the services.
5.4 EXAM handles all client information as confidential and will not hand over information to a third party with the exception of suppliers when the Client orders extra features where EXAM’s suppliers are involved. EXAM and its suppliers will only hand out information on request from governments, police or equivalent bodies upon requests.
6. RESPONSIBILITIES OF THE CLIENT
6.1 The Client is responsible for all information on its account.
6.2 The Client will supply its own pictures, media, questions, file uploads and logotypes. The Client is also responsible for the information entered into the account. EXAM will not be held responsible for any violations of copyright law or any illegal actions within the account or in the material supplied by the client or recipients of the Client.
6.3 The Client undertakes not to attempt to get, unlawful access to information, computers or computer resources belonging to EXAM or its suppliers.
6.4 The Client is responsible for all actions made from or connected to the account and services.
7.1 To minimize an illegal use of Examinare accounts, EXAM has the right to a discretionary consideration as per the rules in paragraph 7.2.
7.2 Violation of any of the below rules will give EXAM the right to close the Client’s account/accounts without any refunds or other compensation.
Client are not permitted to:
- Spread or publish unlawful, unethical or racistic information or to instigate the spreading or publication of the same.
- Spread or publish pornography, sell sexual services or to instigate the before mentioned.
- Break or instigate the breaking of the laws of Sweden or any other country.
- Harass individuals, companies, organisations governmental bodies or equivalent organisations or bodies.
- Act in a way that will negatively affect the service, the technology behind the service, third parties or the internet.
- Spread or send SPAM, chain mail or equivalent.
- Unduly access server software or hardware not connected with the service.
- Act in a way that will negatively affect EXAM or its clients.
- Access or attempt to access EXAM’s systems or through EXAM’s system access or attempt to access other systems.
- State and supply incorrect information when ordering or contacting EXAM.
- Sending SMS or make automated calls to people that have not given consent.
8. STORING OF PERSONAL DATA.
8.1 The Client by approving this Service Agreement gives the approval of our Security and Integrity Policy described in multiple documents linked here.
8.2 The Client also approves that partners to EXAM are allowed to access the Clients information and account to be enabled to support The Client in its usage of the service. All data is controlled according to information linked here.
8.3 When approving this General Terms of Service Agreement you also approve the Examinare Personal Data Assistants Agreement. If you need a signed copy of the Examinare Personal Data Assistants Agreement then we refer to 14.1 of the Examinare Personal Data Assistants Agreement.
9. CHANGES TO AGREEMENT
9.1 EXAM reserves the right to change this agreement without notifying the Client. The new agreement will be published on https://oracle.examinare.biz and/or published on Examinare websites.
10.1 Disputes between EXAM and the Client arising from this agreement shall in the first instance be solved directly between the parties. Has no resolution been reached within three (3) months from when a party gave notice to the matter in question the dispute shall be determined by Swedish court. The Kristianstad district court has exclusive jurisdiction.
The decision of the Kristianstad district court cannot be appealed.
11.1 The EXAM support is available on telephone number locally (published here: ) on weekdays at 09:00 to 12:00 and 13:00 to 17:00 GMT +01:00, excluding Swedish national holidays. Email can be received 24 hours per day. Support matters received outside of office hours will be answered no later than the next working day.