- Welcome to Customersonly’s websites, platforms and tools provided by Customersonly for pairing consultants with assignments and projects (the “Services” and the “Website” respectively). The Website operates from customersonly.com.
- These general terms and conditions (the “General Conditions”) apply between Customersonly AB, reg. no 556706-5981, including all of its affiliates (“Customersonly”) and users of the Website as set out below.
- To access the Website, users must have been registered with the Customersonly Website system as a user and have been granted a username and password by Customersonly which provides the User with access to the Service (the ”User”).
- Users are either (i) Consultant Users as defined in Clause 3 below or (ii) Consultant Buyer Users as defined in Clause 4
3. CONSULTANT USERS
- The Website and the Services are offered to consultants looking to be hired for consultant projects by Consultant Buyer Users (as defined in Clause 4 below) (“Consultant User”).
- Each Consultant User must be an individual acting on its own behalf and not on the behalf of a Consultant Supplier (as defined below) or any other corporate company.
- To be eligible to provide consultancy services mediated by Customersonly the Consultant User must be employed or otherwise engaged by a consultant supplier company (the “Consultant Supplier”).
- Customeronly will pair the Consultant User profiles with the consultant assignments posted by consultant buyers mediated by Customersonly.
- The Consultant Users acknowledge that its Consultant Supplier will have to enter into a specific project agreement with Customersonly in respect of each consultant project for which you have been selected (the “Project Agreement”).
4. CONSULTANT BUYER USERS
- The Website and the Services are also offered to consultant buyers who are looking to hire consultants for consultant projects (“Consultant Buyer Users”).
- Consultant Buyer Users acknowledge that it or the consultant buyer company it its representing will have to enter into a customer agreement with Customersonly regarding each project it wishes to hire consultants for through the Services or as otherwise mediated by Customersonly.
5. Access to the WEBSITE AND Services and information on the WebSITE
- Customersonly aims to have the Website and the Services accessible without disruptions, and that transfers of information within or to and from the Website shall be error free. However, Customersonly provides no guarantee in this respect. Thus, from time to time the Website may be unavailable or subject to limited access due to planned or unplanned downtime, repairs, maintenance, updates or in connection with launches of new functionality, services or the like. Customersonly aims to limit downtime as well as restrictions of access to the Website.
- It is the ambition of Customersonly to keep the information on the Website accurate and up-to-date, but Customersonly cannot guarantee that the information is complete, accurate and up-to-date. The User is aware that the information on the Website is subject to continuous changes. Thus, Customersonly accepts no liability for the Website not working satisfactorily or for the information on the Website not being complete, accurate or up-to-date. Moreover, Customersonly is not liable for any damage or disruption arising out of or caused by viruses, worms or other harmful software that is transferred through the use of the Website.
- The Service is provided on an “as is” basis and is under continuous development. Customersonly has the right from time to time to change the Service, its functionality and design.
- On the Website, there may be links to other web pages and sources of information that are located outside the Website. Customersonly is not responsible for the availability of these external web pages or sources of information, and Customersonly neither supports nor approves, and assumes no responsibility for, information and other material on or from these web pages or sources of information.
6. User account and password
- The password chosen by the User when logging on to the Website for the first time must be unique and shall be kept confidential. The right to the User’s user account(s) may not be transferred.
- The password shall never be disclosed to an unauthorized person or be put into writing such that an unauthorized person misleadingly can appear to Customersonly or other users on the Website as the User. The User undertakes to take necessary precautions to prevent unauthorized transfer of the User’s password and the User assumes full liability for any activity that occurs under the User’s account. Moreover, the User undertakes to hold Customersonly harmless against any and all claims against Customersonly, regardless of their nature, arising out of unauthorized use of the User’s password. The User shall immediately notify Customersony of any unauthorized use of the User’s password as well as upon suspicion that an unauthorized person has gained access to the password or upon the occurrence of any other circumstance where there is a risk that the conditions for the use of the Website might be abused or breached.
7. USERS representing COMPANies
- This means, for example, that your company will have the right and obligation to accept any orders of services which you place; that your company will be deemed to have accepted any limitations of liability that apply for the use of the Website and the Services and that Customersonly, in its own choice, may choose to pursue any claims due to your breach of the General Conditions against you or your company.
8. personal data
- In connection with registering as a user of the website you have been informed by Customersonly of its processing of your personal data. Customersonly is the data controller in relation to the personal data that is registered in the Services. Current information on how your personal data is processed by Customersonly is available on Customersonly’s webpage: [customersonly.com/dataprotection]
- The User is responsible for all information provided in conjunction with use of the Service being correct and accurate.
- The User is not allowed to register sensitive data, including information on religion, membership in a union, illnesses, health status, sexual orientation or similar, in the Service.
10. User’s responsibility for information etc.
- The User is liable for information provided by the User. The User undertakes not to publish in the Service any information violating third party rights or information contrary to law, statute, authority instruction, fair use or practice or that threatens to cause offense or may cause damage or other inconvenience for Customersonly or any third party. Communications and published material shall be relevant for its context. The User also undertakes, accordance with Clause 3, not to register sensitive data in above.
11. Limitation of liability
11.1Limitation of Liability
11.2 Indirect Losses
The User shall not be entitled to compensation for any indirect losses or damages (including but not limited to loss of production, loss of expected cost cuts, expected profits or any other indirect loss), even if Customersonly has been informed that there is a risk for losses of this kind.
11.4 Neutral Intermediary
Through the Service, Customersonly acts as a neutral intermediary of assignments and consultants. Customersonly is not responsible for the relationship between customer and consultant and shall not be liable for the quality of performed work or the accuracy of information provided by consultants or assignment profiles registered in the Service. Customersonly is neither liable in respect of any assignment or employment that may arise between Users of the Service.
12. Grounds for relief
Customersonly shall not be liable for any loss or damage caused by circumstances out of Customersonly’s or its subcontractors’ control or in respect of damages or losses caused by limitations in the access to the Service due to actions taken by Customersonly or its subcontractors for technical, support or maintenance purposes.
13. Deactivation of user accounts and profiles
- Customersonly has the right to without notice close down or block the User’s account should the account or the Service be used in a manner contrary to applicable law, these General Conditions or any other agreement entered into with Customersonly, or causing damage or risk of damage to Customersonly or a third party, or should the User in any other way not be in compliance with its undertakings under the General Conditions or any other agreement entered into with Customersonly. Customersonly reserves the right, at any time, with or without notice, in its sole discretion, to take such actions.
- Should the User remain inactive and not use its account for a consistent period of [six (6) months], Customersonly has the right but not the obligation to deactivate the User’s account within a reasonable time after notification to the User.
14. Intellectual property rights
- Any and all intellectual property rights and proprietary rights related to Customersonly and its marks, in and to the Service, technical solutions and Customersonly content shall remain the exclusive property of Customersonly or, as applicable, its licensors and may not be used in any manner not explicitly provided for by Customersonly.
- The User grants to Customersonly a perpetual, unlimited world-wide license to use, modify, copy, publish and make available the information and material that the User provides in the Service. The User confirms that it has the right to grant such rights to Customersonly.
- The User shall indemnify and hold Customersonly harmless should Customersonly’s use of the User’s information or material in accordance with the above infringe or be alleged to infringe third party rights.
15. Transfer of the User Agreement
The User’s rights and obligations under the User Agreement may not be transferred or assigned by the User other than with Customersonly’s prior written approval. Customersonly has the right to transfer or assign – in full or part – its rights and obligations to a another Customersonly entity or a third party. Customersonly has the right to engage subcontractors under the User Agreement.
If a competent court of law should find that a provision of these General Conditions violates law, or otherwise is invalid or unenforceable in any way, the remaining provisions hereof shall remain in force to the extent that such provisions reasonably can be held to reflect the parties’ intentions, and each invalid or ineffective provision shall be deemed to be amended, supplemented or limited only to the extent required to make it valid and enforceable.
18. Governing law and dispute
- The Agreements shall be governed by and construed and enforced in accordance with the substantive laws of Sweden without regard to its principles of conflicts of laws.
Any and all dispute, controversy or claim arising out of or in connection with the Agreements, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The seat of the arbitration shall be Stockholm, Sweden, and the language of the proceedings shall be English.