Service Agreement - QBIS
READ THIS TEXT CAREFULLY, IT CONTAINS IMPORTANT INFORMATION.
 
1. General
QBIS is a service that QBIS Business Systems Ltd (below referred to as QLogic) offers companies and organisations (not consumers). QBIS means that customers pay for a storage place for information that is accessible via the Internet. The store can be structured for different purposes such as time reporting and project administration. Agreement about the usage of QBIS is met through registration on www.qbissystem.co.uk. Registered customer is fully responsible that the usage of the service is paid according to the conditions in this agreement.

Through using QBIS have the conditions in this agreement been accepted as a whole.
 
2. Provision of Service
The service's scope and function are specified on the website www.qbissystem.co.uk and through the help function that is available when the service is used.

QBIS is not suitable for business critical information and should only to be used in accordance with the conditions in this agreement or instructions that in other respect are provided via www.qbissystem.co.uk.

The customer has the right to let one or more users use QBIS. What as below is stated concerning the customer applies also to users that have been given access to the service via the customer. The customer is responsible for its own compliance with this agreement, including without limitation the compliance of its employees, officers, agents, and any third party customer invites to participate in the service. This means among other things that the customer is responsible for distributing identities, passwords and similar and for them to be kept and used in a secure way. If the customer suspects that the password has come to the awareness of an unauthorised person the customer will immediately notify QLogic.

All use of QBIS in addition to what is permitted in the conditions in this agreement, or instructions that in other respect are provided by QLogic, is explicitly prohibited.

The above mentioned means for example that the customer under no circumstances should use QBIS in a way that contracts against good custom or Swedish and international laws or regulations. This means for example that procedures that in one way or another influence other users, change, modification, de-compiling, de-construction, forward licensing, leasing, sale, and similar, in any case or during any circumstances are not permitted. It is not allowed to permit or to make possible for others to proceed in a way that contradicts this agreement or QLogic's instructions.

In the case where deficiencies or faults are detected in QBIS will these be reported to QLogic. QLogic furthermore reserves itself the right to check the customer’s ways to handle and to use QBIS or the software that is included in the service.

The use of QBIS can from time to time be limited because of technical improvement or maintenance work. QLogic will endeavour to make any interruptions as few and as short as possible.
 
3. Complementary information
If hesitation exists about whether using QBIS contradicts the agreement, applicable laws, regulations or other provisions, it is incumbent on the user to acquire complementary information before the usage is starting.
 
4. Agreement period, notice and exclusion
All of QBIS's modules are offered through 12-/24-/36-month agreements. Termination shall be notified in writing to the other party no later than 3 months before the agreement expires. If neither party terminates the agreement, it is automatically extended by 12 months at a time. Notice can only take place at turn of the month. Notice should be given in writing and to be sent via e-mail to info@qbissystem.co.uk.

QLogic reserves the right to prohibit a user from using QBIS and to terminate this agreement with immediate effect and without explanation. In the event of termination of this agreement, the user’s right to use QBIS or the software is automatically terminated, and the user must stop the use immediately.

For QBIS customers up to 2 users, who opened a QBIS account during 2010, and for whom use of QBIS is free, the following usage is required in order to retain an active QBIS account: QBIS must be used by the customer within the first 7 days after opening the account; otherwise the account shall be closed after 7 days. A QBIS account that is not actively used during a 60-day period is automatically terminated on the 61st day. At the closing of an account, the related database is deleted with all its included data and information and will not be possible to recreate.
 
5. Payment and invoicing
Payment will take place against invoice no later than 30 days from invoice date.
Customers only pay for user accounts that have been or are set to active for the invoice period. The customer is obliged to pay compensation for written payment reminder and for fees relating to collection of debts. The customer will without delay notify QLogic for possible objection against received invoices. If such objection is not submitted to QLogic within 8 days from invoice date the customer loses the right to do object. Irrespective of any objection that has been made there will be delay interest according to the Swedish law regarding that part of the invoice amount that is not contested.
 
6. Limitation of Liability
Using QBIS and the software take place entirely at the user's risk and liability. Under no circumstances will QLogic accept responsibility for loss of profit, interruption of operations, consequential damages, loss of information, damage to other software or hardware, or any other direct or indirect damages resulting from the use of QBIS or the software. This shall remain the case even if QLogic have been advised of the actual or potential loss or damage. This limitation applies whether the alleged liability is based on contract or any other basis.
 
7. Disclaimer of warranty
QLogic hereby releases itself from all express or implied warranties, including implied warranties as to quality, functionality, and fitness for a particular purpose. QLogic makes no guarantees or warranties that QBIS nor the software is error-free, or that measures do not need to be taken to correct any errors or deficiencies. QLogic does not make any warranties in relation to the use of, or the results of, the use of the QBIS or the software, its reliability, accuracy, or any other property. QLogic's employees or QLogic's representatives may not extend these warranties either in writing or verbally.
 
8. Support
The user has the possibility to use with reasonable care, free of charge support via e-mail to info@qbissystem.co.uk. This support is intended for possible technical deficiencies or discrepancies.
User education is offered at the current hourly rate and after special agreement with QLogic.
 
9. Ownership, copyright and trademarks
QLogic holds and reserves itself full ownership and copyright to QBIS the concept and the software in current and future versions. These rights are protected by Swedish and international legislation. The user receives through these conditions only a right to use QBIS and the software and may not claim any additional rights.
 
10. Transfer
The customer's rights and obligations according to this condition are personal and should not to be transferred to third part. QLogic have the right to transfer all or parts of its rights and obligations according to these conditions to third part. QLogic have further right to engage sub contractors in order to fulfil the obligations according to these conditions.
 
11. Personal Information
The customer is responsible in relation to those persons whose records are held in QBIS. This includes that the customer is responsible for that the registration and storage of information, which is handled within the usage of QBIS, agree with the rules in Swedish Personal Data Act (Personuppgiftslagen (1998:204)) and other applicable Swedish or international legislation concerning treatment of personal data.
 
12. Communication
The customer will state the address where invoices will be sent and the e-mail address where other messages will be sent. If QLogic have sent a message to any of the stated addresses, it is to be considered that the message has arrived at the customer no later than 3 days after the send date.
 
13. Changes
QLogic have the right to change the conditions for using QBIS. These changes take effect when they have been announced to the user or been made available on QBIS’s homepage www.qbissystem.co.uk.
 
14. Dispute and interpretation
This agreement shall be interpreted in accordance with Swedish law. This agreement shall take precedence over any other existing agreements already existing between QLogic and the customer. Any disputes arising from the interpretation or application of the terms of this agreement shall be settled through arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce. This arbitration shall be conducted in the Swedish language.

Should a court or administrative authority determine that any term or terms of this agreement is not or are not valid, all other terms of the agreement shall remain in force and shall be interpreted as if the excluded term or terms had remained in effect.