Wiklex Terms of Use

Wiklex Terms of Use

updated  2020-01-01

Welcome to Wiklex Terms of Use! We are really happy to have you on board. Thank you for choosing to use our services.


Below we have listed important legal terms that apply to everyone who pays / has paid a Wiklex Invoice or uses our services. These conditions are necessary to protect both you and us and to make our services possible and more fun for everyone. Wiklex offers a wide range of services and features and some of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be tiring to read, and we have tried to make the experience more enjoyable. If you have any suggestions on how we can improve them, please feel free to contact us at info@wiklex.com.

1. Introduction

 

1.1 Our purpose

We help our customers to develop an online presence in the form of websites and / or web applications. We design, tailor and program unique and modern websites and web applications specifically developed for each individual customer. As described below, we offer our users many services and features for creating, publishing and developing great websites, web applications and e-commerce platforms for both desktop and mobile devices. Online and mobile websites and platforms that we have created for our users / customers are referred to here ("User platform (s)" or "Website (s) / web application (s)").

And

1.2. Legal agreement
These Terms of Use for Wiklex ("Terms of Use" or "Wiklex Terms (en)") set forth the entire terms and conditions applicable to each user / customer ("User" or "you", "you", "you", "you").

 

The Wiklex Terms constitute a binding and enforceable legal agreement between Wiklex and its affiliates and affiliates worldwide ("Wiklex", "us" or "we") and you in relation to the use of Wiklex services - please read them carefully.

 

You may only visit and / or use the Wiklex Services if you agree to the Wiklex Terms - and by using and / or paying a Wiklex invoice you indicate and confirm your informed consent to these terms and conditions and the use and other Wiklex terms that apply to your use of Wiklex services. If you do not read, understand and accept the Wiklex Terms, you must leave the Wiklex website immediately and avoid or discontinue any use of the Wiklex Services and inform us of any interruption to your website and / or web application at info@wiklex.com.

And

By using our services, you confirm that you have read and understand our terms of use and our privacy policy which is available at http://www.wiklex.com/integritetspolicy.

1.3. Customer account
As a customer, your information is stored with us. In order for us to activate a customer account for you, we request Reference, Telephone number for reference, Company name, Organization number / social security number, Address, Email for contact and email for invoicing. For international customers (outside Sweden) we also ask for VAT numbers.

 

Only you who have provided the information to a Wiklex representative can then order and use Wiklex services. We approve a written power of attorney if a third party is to place orders in your name.

 

We only recommend that you assign such a power of attorney to people you trust - as you will be solely and fully responsible for all activities that take place under your Wiklex customer account (including for all commitments, guarantees and commitments made with us), regardless of they are specifically authorized by you, and for any damages, costs or losses that may arise as a result of such power of attorney.

 

You must provide accurate and complete information when providing us with the information for your customer account before using the Wiklex services, as you are the sole and exclusive right holder of the customer account. We strongly recommend that you provide your own (or your company's) contact and billing information, including your valid email address, as we may use it to identify and determine the actual and actual owner of the customer account.

 

In the event of a dispute over a customer account, we reserve the right to determine the ownership of a customer account based on our reasonable judgment, regardless of whether an independent investigation has been conducted by us or not. However, if we are unable to make such a decision (which we can consider at our sole discretion), we reserve the right to avoid doing so and / or close a customer account until the parties questioning such ownership reach a solution, without liability to you or to any other party. We may request documentation (such as a government-issued ID, a company license) that can help us determine ownership.

1.4. This is included in your Premium Website / Web Application when you pay a subscription fee

  • Design, construction and coding of the system according to your specifications we agree on and what is technically possible for us at Wiklex.

  • Maintenance of your website / web application. We maintain your website / web application and ensure that it works as expected, however, with disclaimers in accordance with these terms of use. We handle and fix bugs and any errors that may occur as soon as they are detected.

  • Support 365 days a year with a dedicated customer manager.

    • No additional additions of new features and / or design changes are included in your fee after the website / web application has been delivered and / or put into use.

  • We are not responsible for problems and / or disruptions with your domain provider and all disruptions that arise in connection with problems with your domain provider.

  • Mobile optimization of your website so that your website looks good on mobile devices.

    • We work continuously to improve your visitors' experience on their devices and will continuously update your website's mobile adaptation to keep up with developments.

  • Search engine optimization of your website on selected keywords. You have the right to choose up to 3 keywords per website that Wiklex has developed for you. We maintain the keywords and work continuously to ensure that your website ranks as high as possible on the keywords you have chosen.

    • We make no warranties on results and / or on behalf of Google or other search engines.

    • You also have the right to change keywords whenever you want and we optimize your website continuously according to your chosen keywords.

  • Maintenance in the form of changing / updating simple existing texts, images and media on your website that is not possible to update from your personal control panel. We also offer removal of texts, images and media that you no longer want.

    • If you ask us to remove texts, images and / or media, no right of withdrawal is offered and you will be charged extra for reinstalling any texts, images and / or media that you want to reinstall / add.

    • Maintenance does not include adding additional pages, tabs, sub-tabs, sections, sections or content or design changes to your website. Only the already existing content on the website is relevant for maintenance, ie change / update. All other supplements are charged separately and agreed on each individual occasion.

  • A control panel where you can control selected sections and parts of your website / web application. You choose in connection with you becoming a customer, in agreement with Wiklex, which sections and parts of your website you want to be able to check, change and update on your own. You can not delete sections on your own for your own safety provided that it is not a product list or specific database where you should, in order to be able to complete your daily activities on the website, be able to delete content.

    • Upon request, you get access to your content manager, however, this is done at your own risk as Wiklex is not responsible for restoring any design changes you make on your own. Any restorations may be charged separately.

  • Modernization of your website once every 2 years. To ensure that your website remains modern and that it uses the latest technology, we offer modernization once every two years. We offer this for a period of 40 days from the time we inform you that your "modernization period" has begun. During the modernization period, you have the opportunity to request complete design changes to your website, provided that it does not require further programming, systems and / or system development on your website.

 

2. Your obligations

2.1. You represent and warrant that:

  1. you are at least eighteen (18) years of age or of legal age in your jurisdiction and that you have the legal right and freedom to enter into the Wiklex Terms and to form a binding agreement for yourself or for the person or entity to which you are bound by the Wiklex the terms;

  2. your home country and / or your company's country of establishment is the same as the country specified in the contact and / or billing address you provided us with when registering your customer account with Wiklex;

  3. you understand that Wiklex does not provide any legal advice or recommendation regarding laws or requirements applicable to your use or any of your end users, or your compliance therewith;

 

And specifically regarding your user content:

  1. you acknowledge that you own all rights to all content uploaded or provided by you, or imported, copied or uploaded by you through the Wiklex control panel, to your website / web application ("User Content"), including design, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, usernames, information you provide to create a subdomain name, text, literary works and other material ("Content"), or otherwise have (and continue to have) ha) power of attorney, licenses, consent and authority, in and to the User Content, as required to legally have access to import, copy, use, publish, transfer or license such User Content, by you and us or any of our subsidiaries;

  2. you have (and will retain) the power of attorney, licenses, consent and authority to allow Wiklex to access websites, web pages and / or other online services for the purpose of importing, copying, viewing, uploading, sending and / or otherwise using your content.

  3. The User Content is (and will continue to be) true, current, accurate, without infringing any third party rights and in no way illegal for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your website / web application visitors and users ("End Users") reside, or for Wiklex and / or your end users access, import, copy, upload, use or hold in connection with the Wiklex Services;

  4. you have obtained all consent and permissions required by all applicable laws, regarding the publication, transmission and publication of personal information and / or image or similarity of any person, entity or property included in the user content, and you will comply with all applicable laws.

2.2. You agree and agree to:

  1. fully comply with all applicable laws and other terms and conditions governing your use of the Wiklex Services (and any related interaction or transaction), including the specific laws applicable to you or your end users in any of your geographic locations;

  2. be solely responsible for the use of the Wiklex services that occur under your customer account and / or website / web application and for any of your user content (including for any consequences of accessing, importing, uploading, copying, using or publishing such user content on or with with respect to the Wiklex services);

  3. save and back up regularly and independently of your user content and the information processed by you regarding your user platform, including with respect to end users, user products and all third party applications and / or services used by you;

  4. receive occasional promotional messages and materials from Wiklex or its affiliates, via mail, email or any other contact form you may provide to us (including your telephone number for calls or text messages). If you do not want to receive such promotional material or messages - please let us know at any time at info@wiklex.com;

  5. allow Wiklex to use any version of your user platform (or any part thereof) for any of Wiklex's marketing and marketing activities, online and / or offline, forever and free of charge, and modify it as is reasonably necessary for such purposes; and you waive all claims against Wiklex or anyone on its behalf relating to past, present or future moral rights, artists' rights or other similar rights worldwide that you may have in or to your user platform with respect to such limited permitted uses;

  6. Wiklex's own discretion regarding the means, means and method of performing the Wiklex services, including those relating to web hosting, transmission, publication and / or display of user platforms and / or content (including the introduction and presentation of advertisements or other commercial content with respect to this).

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works from, download, adapt, convert, emulate, migrate to another service, translate, compile, decompile or disassemble the Wiklex website, the Wiklex services (or any part thereof), all content offered by Wiklex or third party services for use and display within user platforms ("Licensed Content") and / or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Wiklex's prior written and specific consent and / or as expressly permitted under the Wiklex Terms;

  2. send, transmit or display user content or use licensed content in a context that may be considered defamatory, obscene, harassing, threatening, burning, offensive, racist, offensive, misleading or fraudulent, encouraging criminal or harmful conduct, or otherwise violates the rights of Wiklex or any third party (including intellectual property, privacy rights, contractual or fiduciary rights), or otherwise displays any person, entity or trademark in a bad or derogatory light without their prior express consent;

  3. use any illegal means to collect login data and / or passwords for other websites, third parties, software or services;

  4. fish, collect, upload or otherwise provide credit card information or other forms of financial information used to collect payments;

  5. act in a manner that may be perceived as detrimental to Wiklex's reputation and goodwill or that may lead to Wiklex 'disgrace or harm;

  6. buy search engine or other pay-per-click keywords (like Google AdWords), or domain names that use Wiklex or Wiklex markers and / or variations and misspellings thereof;

  7. imitate any person or entity or provide false information about the Wiklex services and / or the user platform, either directly or indirectly, or otherwise manipulate to hide your identity or the origin of any message or transmission you send to Wiklex and / or all end users;

  8. incorrectly state or otherwise misrepresent your connection to any person or entity, or incorrectly express or imply that Wiklex or any third party supports you, your user platform, your company, your user products or any statement you make;

  9. reverse lookup, tracking or attempting to track another user of Wiklex services, or otherwise interfere with or infringe any other user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of Wiklex services and / or User Platform without their express and informed consent;

  10. disable, circumvent or otherwise avoid any measures used to prevent or restrict access to the Wiklex services, the user platform, the customer account of another user or other systems or networks connected to the Wiklex services, by hacking, password operation, or other illegal or prohibited average;

  11. investigate, scan or test the vulnerability of Wiklex services or any network connected to Wiklex services;

  12. use any of the Wiklex Services and / or the User Platform in connection with any form of spam, unsolicited mail, fraud, phishing, "chain letter", "pyramid schemes" or similar behavior, or otherwise engage in unethical marketing or advertising;

  13. sell, license or use for commercial purposes any use of or access to the Licensed Content and / or Wiklex Services, except as expressly permitted by the Wiklex Terms;

  14. violate, attempt to violate or otherwise fail to comply with any of the Wiklex Terms or any laws or requirements that apply to your use of the Wiklex Services.

  15. access or use the services for benchmarking or similar competitive analysis purposes or to build a competitive product or service.

You acknowledge and agree that your failure to comply with any of the above or any misrepresentation of you here may result in the immediate termination of your customer account and your website / web application - with or without further notice to you and without any refund of amounts paid on due to such services.

3. Content and ownership

3.1. Your intangible property
Between Wiklex and you shall own all intellectual property relating to your user content and to any other material you have created, including designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, works of art, interfaces, text and literary work. Wiklex does not claim your ownership. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and / or copy your user content to our platform, including cloud services, to make screen adjustments, to duplicate for backup and to perform all other technical measures and / or uses required to perform our services, in our opinion.

Coding and basic programming on your website is owned by Wiklex and Wix respectively. You have no right to participate in backend, frontend coding or Corvid (javascript) codes used exclusively by Wiklex and Wix respectively. You do not own any form of coding or programming on your website / web application. These are wholly owned and supplied by Wiklex and Wix respectively.

  • Any third party systems that we have integrated on your website / web application are owned by each third party.

3.2. Wiklex and Wix intellectual property rights, respectively
All rights, ownership and interest in and to the Wiklex Services, including any copyrighted material or other content thereof that are or may be subject to intellectual property rights under applicable law (including artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, sound, music, video and other media, design, animations, interfaces, documentation, derivatives and versions thereof, methods, products, algorithms, data, interactive functions and objects, tools and methods for advertising and acquisitions, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not they are registered and / or can be registered (together, "Intangible Property"), and all derivatives thereof, are owned by and / or licensed to Wiklex and Wix respectively.

 

Subject to your compliance with the Wiklex Terms and Conditions and payment of all applicable fees in a timely manner, Wiklex hereby provides you, once we have created a customer account for you and as long as Wiklex wishes to provide you with the Wiklex Services, a non-exclusive, non-transferable , non-sublicensable, fully revocable, limited license to use the Wiklex services and licensed content, for the purpose of generating and displaying your end-user user platform and offering your user products (as defined below) therein, only expressly permitted under the Wiklex terms and conditions and only within the Wiklex services.

 

The Wiklex Terms do not convey any rights or interests in or to Wiklex and Wix's intellectual property rights (or any part thereof), except only the limited license expressly granted above. Nothing in the Wiklex Terms constitutes an assignment or waiver of Wiklex intellectual property rights under any law.

3.3. Feedback and suggestions
If you provide us with any suggestions, comments or other feedback regarding the Wiklex Services (whether existing, proposed or intended), which are or may be subject to intellectual property rights ("Feedback"), such Feedback shall be the sole property of Wiklex. . By providing such feedback to Wiklex, you acknowledge and agree that it may be used by Wiklex to: (i) further develop, adapt and improve the Wiklex Services, (ii) provide ongoing assistance and technical support, (iii) contact with general or personalized Wiklex-related messages and / or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and / or derived information, which Wiklex may use to provide and improve its services, (vi) to improve Wiklex data security and anti-fraud, and (vii) to comply with all applicable laws and regulations. In addition, you certify and warrant (1) that such feedback is accurate, complete and does not infringe the rights of any third party; (2) irrevocably assign to Wiklex all rights and interests you have in such Feedback and (3) expressly and irrevocably waives all claims relating to any past, present or future moral rights, artists' rights or other similar rights worldwide in or to such feedback.

4. Privacy

Some parts of the Wiklex Services (including certain third party services available, as further explained in Section 8 below) require or involve the submission, collection and / or use of certain personally identifiable information. In particular, and as part of accessing or using the Wiklex Services, Wiklex and such third party services may collect, access and use certain information relating to users and end users, including activities or navigation performed by users and end users through Wiklex the services and / or user platforms.

5. Service charges

 

5.1. Paid services ("Premium Website", Premium Web Application "," Subscription Fee ")
The use of Wiklex services is subject to payment of special fees, which are determined by Wiklex at its sole discretion ("Paid Services" and "Fees" and "Subscription Fee" respectively).

 

Wiklex reserves the right to change its fees at any time, after notifying you if such change may affect your existing subscriptions. If you have received a discount or other promotional offer, Wiklex has the right to automatically and without notice renew your subscription to such Wiklex services for the applicable fee.

 

All fees are in Swedish kronor or Euro. To the extent permitted by law (and unless otherwise stated by Wiklex in writing), all fees are exclusive of all taxes (VAT) and you are responsible for paying all applicable taxes relating to your use of the Wiklex Services, or to any payments or purchases you make. If Wiklex is required to collect or pay taxes for the fees you pay, and whether such taxes have been added and collected from you for previous transactions, such taxes may be added to the payment of any outstanding fees and will be reflected in the invoice for such a transaction.

 

As part of requesting a customer account with us or sending information to use Wiklex services, you also entitle Wiklex to save and collect billing information as long as you have an active customer account with us.

5.2. Bills
Wiklex will issue an invoice for the payment of fees or refunds to or from Wiklex ("Invoice"). Each invoice will be issued in electronic format and is based on the country specified in your specified billing address and will be emailed to you at your specified email address. In order to issue the invoice, you may need to provide certain personal information to comply with local laws.

5.3. Automatic renewal of the subscription
To ensure that you do not experience any interruptions or losses of our services, our services include an automatic renewal. If you do not notify us that you wish to cancel the automatic renewal, the subscription period will be automatically renewed and an invoice for the new subscription period will be sent to you approximately 30 days before the end of the applicable subscription period has expired. The new subscription period is renewed and is equal to the original subscription period (excluding extended periods) and, unless otherwise notified, at the same price (subject to applicable tax changes and excluding any discounts or other promotional offers during the first period) (“Renew paid services ”). For example, if the initial subscription period for a service is three months, the renewal period (if applicable) will be three months. Wiklex sends an invoice approximately 30 days before the renewal date to ensure that no interruptions or losses occur. You also have the right to cancel your subscription whenever you want. The subscription period is decided by you and you have the right to choose between being invoiced for three months (quarterly) or twelve months (annually) at a time, this is agreed orally with your Wiklex representative.

By entering into this agreement and by paying an invoice sent from Wiklex regarding "Website Premium" and / or "Web Application Premium", you agree that the service will be automatically renewed in accordance with the above conditions.

  • You can turn off the automatic renewal option at any time by contacting us at info@wiklex.com or contacting your dedicated Wiklex representative directly.

  • Your subscription will only be canceled after you have received confirmation from us via e-mail. Your website / web application remains online until your already paid subscription period has expired.

  • We offer a 14-day right of withdrawal from the time you receive your first Wiklex invoice. After 14 days, it is not possible to cancel your purchase.

  • Already paid invoices, provided that you do not secure within the 14-day deadline, can not be refunded, however you can when you want to cancel your subscription with Wiklex and then we will not send any more invoices after your already paid subscription period has expired and your website / web application is taken offline when the subscription period you have already paid for has expired.

  • Upon termination of your website / web application, it is taken offline and can no longer be accessed via your domain.

  • Upon termination of your website / web application, all content on your website / web application will be deleted. You have the right to have your content such as texts, images and / or media sent to you before we delete your website / web application. This must then be requested no later than 14 days before your prepaid subscription period has expired.

5.4. Money back guarantee
If you are not satisfied with Wiklex services and this is your first purchase of our services, you may notify cancellation for any reason within fourteen (14) days of first receiving a Wiklex invoice ("Refund" and "Refund Period"). "). The refund only applies to the first purchase of Wiklex services. The refund does not apply to further purchases, upgrades, modifications or renewals of Wiklex services. If you live in a jurisdiction that requires a longer repayment period, we will of course be happy to meet such requirements in accordance with all applicable laws. If Wiklex receives such notice within the refund period, Wiklex will refund or cancel the amount that Wiklex invoiced you for Wiklex services, in the currency in which you were originally charged. Please note that the refund amount may differ from the amount charged to you due to currency changes and third party fees. Wiklex is not responsible for differences caused by exchange rate changes or fees that you have been charged by third parties. After the refund period, the fees you paid or must pay will not be refunded. In addition, if we discover that a cancellation notice has been made in bad faith or in an unlawful attempt to avoid payment for services actually received and enjoyed, we reserve the right to continue to charge you who provided such notice for all Wiklex services that actually received, by law.

 

5.5. Recovery
If we discover an unpaid invoice, rejection, refund or other rejection of an invoice ("Refund"), this will be considered a breach of your payment obligations below, and your use of Wiklex Services may be disabled or terminated automatically.

 

Your use of the Wiklex Services will not resume until you pay all applicable fees in full, including all fees and costs incurred by Wiklex and / or third party services for any refunds received (including fees) for Wiklex Services provided prior to the repayment, handling and processing fees and fees incurred by any payment providers, such as reminder fees and interest. We reserve the right to charge SEK 60 in reminder fee for each sent reminder and 8% default interest on overdue invoices. We send the first reminder three (3) working days after the due date and then send a new reminder every three days. We send a maximum of six (6) reminders before your customer account and your website / web application are deleted.

 

If you have any questions or concerns regarding a payment to Wiklex please contact us by email at info@wiklex.com.

6. Termination of Wiklex Services

6.1. Termination by you (the user)
You can stop using and request to terminate your website / web application at any time, in accordance with the instructions in the Wiklex Terms of Use. The effective date and effective date of termination of your site / web application is at the end of the paid subscription period.

 

Your subscription will only expire after the end of the respective subscription period for which you have already paid. Please note that the cancellation process may take a few days, to avoid the next automatic renewal and the respective fee, the cancellation request should be made at least fourteen (14) days before the end of the then subscription period.

6.2. Termination of Wiklex
Failure to comply with the Wiklex Terms and / or to pay any applicable fee / invoice gives Wiklex the right to shut down your website / web application until full payment has been made.

6.3. Loss of data, content and capacity
Interruption of your site / web application (whether at your request or at Wiklex 'discretion) may cause or result in the loss of certain content, features or capabilities of your site / web application, including user content, end-user data or other usage information stored therein ( "Loss of capacity"). Wiklex is not responsible in any way for such loss of capacity or for saving a backup copy of your customer account, user content or end-user data. Please also note that additional fees may apply for reactivation of your website / web application upon termination, as determined by Wiklex at its sole discretion.

Upon termination, you have the right to have your content such as texts, images and / or media (including end-user content and database content) sent to you before we delete your website / web application. This must then be requested no later than fourteen (14) days before your prepaid subscription period has expired.

7. Online store

7.1. Generally
Wiklex has the capacity to offer services that enable you to sell products and services online on the Internet ("E-Commerce" or "Online Store").

 

You are solely responsible for your user products and e-commerce related activities, and any promotions and related content contained or referenced in your user platform, and compliance with applicable laws. We only provide the platform for you to manage your online e-commerce activities. We are not involved in your relationship and / or any transaction with any actual or potential buyer of your user products.

When someone buys your user products, the payments for such transactions will be processed via selected payment solutions that are available for integration per our option on Wiklex ("Payment provider (s)").

7.2. Payment providers
Wiklex offers to integrate a number of payment solutions. Please note that some are possible and some are not possible. You must, in consultation with us, decide which payment providers should / and are possible to integrate. Wiklex is not responsible for the payment providers' systems and quality and it is your responsibility to ensure that your payment providers comply with current laws and regulations for financial transactions. Please note that payment providers are most likely to charge a service fee for the use of their services. Wiklex has no responsibility towards the payment providers and you are solely responsible for registering accounts and verifying yourself as a trader with your chosen payment providers.

Wiklex does not charge any form of commission, fee or cost for products and / or services you sell in your e-commerce store. All sales you generate in your online store go in full to you and your chosen payment providers.

7.3. E-commerce confirmations and guarantees
By using Wiklex's built e-commerce features, you confirm, guarantee and agree that:

  1. You are solely and fully responsible for all taxes and fees of any kind associated with your e-commerce activity, including taxes related to the purchase or sale of the user products, and to collect, report and refund the correct amount to appropriate authorities and / or inform your end users if such and provide them with a duly issued invoice in accordance with law;

  2. Any taxes indicated by the e-commerce features provided by Wiklex are provided for illustrative purposes only and may not be invoked in any way;

  3. You shall be responsible for and bear all costs of obtaining and delivering your user products and of providing them in a safe and professional manner, in accordance with industry standards;

  4. You are solely responsible for all statements and promises you make and for all assistance, warranty and support regarding the user products, and shall provide true contact information on your user platform for questions, complaints or claims; and

  5. You may not offer or sell any User Products or provide any information, content or materials regarding User Products that may be considered dangerous, counterfeit, stolen, fraudulent, offensive or offensive; which are prohibited for sale, distribution or use; or otherwise does not comply with applicable law, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade rules and sanctions, support, maintenance and export; and -

  6. Wiklex may at any time and in its sole discretion disable, disable access to or remove your e-commerce store - whether incorporated, published or made as part of your site / web application at that time, without any liability to you or against end users, including for any loss of capacity arising therefrom.

8. Third Party Services

Wiklex may, in consultation with you, integrate certain third party services, products and tools to improve your site / web application and your overall user experience, including, but not limited to, domain providers from whom you may purchase a domain name for your site, licensed third-party content, media distribution services, payment providers of e-commerce, sellers of concrete products, etc. (together, "Third-party services").

 

You acknowledge and agree that third party services are provided externally and that Wiklex only acts as an intermediary between you and such third party services and does not in any way support or be responsible in any way for such third party services. . Wiklex will not be a party to or in any way responsible for monitoring any interaction or transaction between you and third party services. Wiklex will provide integration services for third party services, products and / or functions.

You understand that such services may require payment of additional amounts to Wiklex and / or to third party service providers.

 

All use of such services by third parties shall be at your sole risk and responsibility and may be subject to such legal and financial terms governing such third party services, which you are invited to review before using their services.

If you use or ask us to integrate third party services, software or goods, you confirm that you are acting in accordance with their terms of use. For example, if you use YouTube, you must comply with the applicable terms and conditions of YouTube and its privacy policy, which is the effective version from the date of use of such services.

While we hope to avoid such cases, Wiklex may at any time, in its sole discretion, disable, disable access to or remove from your site / web application, all third party services - whether or not incorporated into or made part of your site / web application at that time - without any liability to you or any end users.

9. Errors and copyrights

9.1. Improper use and abuse

If you believe that a user or any third party's services have acted improperly or otherwise misused any of the Wiklex services, you must immediately report such users and / or third parties to us at info@wiklex.com. You agree that your report does not impose any liability on Wiklex and that Wiklex may consider and act on such a report or refrain from taking such action or requesting additional information or documents before doing so, in its sole discretion.

9.2. Copyright
If Wiklex receives information about copyright infringement related to your website / web application, we may remove your website / web application, with or without prior notice to you. In that case, you can file a proper counter-notification where you must include: (1) your full name, address, telephone number and physical or electronic signature; (2) identifying the material and its location before removing it; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body.

  • You as the customer are responsible for providing us, or ordering from us, materials, such as texts, images, videos, etc, to your website / web application. Therefore, the rights responsibility, copyright responsibility and intellectual property rights for the content on your website / web application land in full on you as the customer. It is incredibly important that you do not ask us to use materials that you are not sure you may use or that you use someone else's materials without permission as it violates copyright law. We can provide external work in the form of graphic design and shaping to ensure that you have unique content and the rights required. Talk to us about materials and content for your website / web application and we will help you come up with a solution that suits you. Graphic design may be charged separately.

  • All content on your website / web application must be approved by you before use. We use material from three sources: (1) your own content that you send to us, (2) via a single database that we have rights to use the content without infringing on anyone else's rights and (3) material you ordered from us specifically to your website / web application.

    • Important to understand: You are responsible for the material and content on your website / web application and you own all content displayed to your users. Therefore, it is important that you go through all content such as texts, images, movies, etc. that are visible to your users and ensure that you have the right to use the content and material.

  • Coding and basic programming on your website / web application is owned by Wiklex and Wix respectively. You have no right to participate in backend, frontend coding or Corvid (javascript) codes used exclusively by Wiklex and Wix respectively. You do not own any form of coding or programming on your website / web application. These are wholly owned and supplied by Wiklex and Wix respectively.

    • Any third party systems that we have integrated on your website / system are owned by the respective third party.

10. Disclaimer

We provide the Wiklex Services on an "as is", "with all faults" and "as available" basis, without any warranties of any kind, including implied warranties or conditions of merchantability, fitness for a particular purpose, labor work, infringement, or any other warranty - all to the fullest extent permitted by law. We do not specifically warrant that the Wiklex Services (or any part, function or content thereof) are complete, accurate, of any particular quality, reliable or secure in any way, suitable for or compatible with any of your (or your end users') intended activities, devices, operating systems, browsers, software or tools (or that they will remain so at any time), or comply with laws applicable to you or your end users (including in the jurisdiction in which you operate), or that their function is free from viruses, bugs or other malicious components or program restrictions. In addition, we do not endorse any device, product or service (including third party services) mentioned or made available through the Wiklex services - so be sure to verify them before using or otherwise engaging them.

 

Wiklex may, in its sole discretion (but has no obligation to do so), analyze, monitor and / or edit websites / web applications, at any time and for any reason, with or without prior notice to you.

 

Under no circumstances will Wiklex be considered a "publisher" of any User Content, in any way endorse any User Content and take no responsibility for any User Content uploaded, published, published and / or made available by any user or any other party via Wiklex the services, for any use of any party, or for any loss, erasure or damage to or in addition or loss, damage or expense that you or others may incur as a result of or in connection with publication, access and / or reliance on any user content. In addition, Wiklex is not responsible for mistakes, slander, falsehood, obscenity, pornography, encouragement and / or other illegal and / or intrusive user content that you or any other party may encounter.

 

You understand that there is a risk of using the Wiklex Services and / or connecting and / or managing third party services through or in connection with the Wiklex Services, and that Wiklex cannot and does not guarantee any specific results from such use and / or interactions . You hereby assume all such risks, liabilities and / or damages of any kind that arise in connection with and / or that arise from such interactions. Such risks may include, but are not limited to, misrepresentation of information about and / or third party services and / or licensed content, breach of warranty and / or contract, infringement of rights and any consequential claims.

 

11. Limitation of liability

To the extent permitted by law in each applicable jurisdiction, Wiklex, its executives, board members, shareholders, employees, subsidiaries and / or agents shall not be liable to you for direct, indirect, temporary, special, punitive, exemplary or consequential damages. Anything, including any damages resulting from (1) errors, omissions or inaccuracies in or in any Content; (2) personal injury or property damage related to your use of the Wiklex Services; (3) unauthorized access to or use of our web hosting provider's servers and / or personal information and / or other information stored there; (4) any interruption or termination of the transfer to or from the Wiklex Services; (5) use or display of content or user content that is published, emailed, transmitted or otherwise made available through the Wiklex Services; (6) events beyond the reasonable control of Wiklex, including any internet failure, equipment failure, power outages, strikes, labor disputes, riots, riots, civil disruption, labor or material shortages, fires, floods, storms, earthquakes, explosions, wars , terrorism, governmental acts, decisions of courts, bodies or district courts or failure to perform third parties and / or (7) loss of use, data, profits, goodwill or other intangible losses due to the use or inability to use any or all of Wiklex service.

 

You understand and agree that these limitations of liability are agreed risk distributions that in part constitute the consideration for Wiklex services to you, and such limitations apply even if Wiklex has been informed of the possibility of such liabilities.

12. Damages

You agree to defend, protect and hold Wiklex, its executives, board members, shareholders, employees, subsidiaries and agents protected from and against all claims, damages, obligations, losses, liabilities and expenses (including attorney's fees) arising from: (1) your violation of any provision of these Terms of Use or other Wiklex Terms; (2) your violation of any third party's rights, including copyright, access rights, property or confidentiality arising out of your Website / Web Application and / or your use of the Wiklex Services, including, but not limited to, the Wiklex Services' actions in your favor; and / or (3) any other type of claim that your site / web application caused harm to a third party.

 

13. General

13.1. Changes and updates
Wiklex reserves the right to modify, discontinue or terminate any of the Wiklex Services (or any features thereof, or prices applicable to them), and / or terminate your access to any of the Wiklex Services (including the removal of any material you provide created in connection with the Wiklex Services) for any reason and / or modification of the Wiklex Terms with or without prior notice - at any time and in any way.

You agree that Wiklex will not be liable to you or any third party for any modification, termination or termination of these Wiklex services.

If such changes involve the payment of additional fees, we will notify you of such fees before enabling such specific changes. If you fail or refuse to pay such fees, we may (in our sole discretion) discontinue your website / web application (which is explained in more detail in section 6 above).

13.2. Applicable law and jurisdiction
The Wiklex Terms, the rights and actions provided below and all claims and disputes related thereto and / or the Wiklex Services, their interpretation or violation, termination or validity thereof, the conditions arising out of or under the Wiklex Terms, or any related transactions or purchases, shall be regulated by, interpreted under and executed in all respects solely and exclusively in accordance with the Swedish court with Stockholm District Court as the first instance, without regard to its principles of conflict of law.

 

All such claims and disputes must be brought, and you hereby agree that they will be decided exclusively by a court with competent jurisdiction in Stockholm, Sweden. The application of the UN Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

13.3. Messages and information
We can provide you with messages and important information via e-mail, sent to the e-mail address you provided us when we created your customer account with us; and / or (3) otherwise, including the telephone number or physical address you provided to us. Wiklex 'notice to you will be deemed to have been received and will take effect within twenty-four (24) hours of its publication or transmission by any of the above methods, unless otherwise stated in the notice.

13.4. Relationship
The Wiklex Terms and your use of the Wiklex Services shall not and may not be construed to create any partnership, joint venture, employer-employee, agency or franchisee-franchisee between Wiklex and you. We are not partners. You order a service from us and we provide you with the service.

13.5. The whole agreement
These Terms of Use shall constitute the entire agreement between you and Wiklex regarding the subject matter hereof and supersede and supersede all prior or contemporaneous agreements, agreements, promises, terms, negotiations, unions or representations, whether written or oral, between Wiklex and you, including those made by or between any of our respective representatives, with respect to any of the Wiklex Services. You further agree that you will not rely on any promise, incentive, representation, statement, disclosure or obligation to disclose Wiklex to enter into any of the Wiklex Terms.

13.6. Mission
Wiklex may assign its rights and / or obligations under this and / or transfer ownership of the Wiklex Services and / or licensed content to any third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations below without the prior written consent of Wiklex. Any attempt or actual assignment thereof without Wiklex's prior express and written consent is void. In any case, an assignment or transfer under this section 13.6 shall not in itself entitle Wiklex or you to discontinue any applicable Wiklex services or third party services.

13.7. Separability and exceptions
If any provision of the Wiklex Terms and Conditions is considered by a court of competent jurisdiction to be invalid, unlawful or for any reason unenforceable, such provision shall be deemed to be separable and shall not affect the validity and enforceability of the remaining provisions. No waiver of any breach or omission of any of the Wiklex Terms shall be deemed to be a waiver of any prior or subsequent breach or default.

13.8. Interpretation
These terms of use were written in Swedish and translated into other languages ​​for your convenience. You can access and view other language versions by choosing a different language for the Wiklex website. If a translated (non-Swedish) version of these terms of use conflicts with their Swedish version, the provisions of the Swedish version shall prevail.

13.9. Customer service contact
To get in touch with our customer service - use one of the options below:

  1. Email us at info@wiklex.com

  2. Contact your dedicated Wiklex representative

13.10. Validity of the Terms of Use

These Wiklex terms and conditions and all information and terms of use that you find on this page will take effect from the time you pay your first Wiklex invoice. Please note that we update our terms of use from time to time and therefore we ask you to come back to this page to keep you updated on our terms of use. Note: An information text is included with all our subscription invoices which reads: "By paying / having paid this invoice, you accept our customer / terms of use (www.wiklex.com/usander terms) and confirm that you have read, understood and applied the terms.".

By paying / having paid a Wiklex invoice (sent from ES Elias Partners AB or Studio 57 Enterprises AB) regarding "Website Premium" and / or "Web Application Premium", you agree to these customer / terms of use (www.wiklex.com/user terms) and confirms that you have read, understood and applied the terms on this page.

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Wiklex är en webbyrå i Stockholm som bygger, underhåller och moderniserar professionella och avancerade hemsidor. Vi förser små och medelstora företag med ett professionellt ansikte utåt och exceptionell grafisk design för att säkerställa att våra kunder är konkurrenskraftiga på marknaden. Vår affärsmodell bygger på att hålla en hög kvalitet och förse skräddarsydda lösningar för er digitala närvaro online.

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126 30 Hägersten,

Stockholm

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