General These Terms of Agreement set forth the contractual obligations between Paloma In Sweden AB (hereafter referred to as Paloma) and the Customer for the service Paloma (hereafter referred to as the Service).
Period of agreement and cancellation notice Unless otherwise agreed in writing, the agreement shall commence to apply when Paloma has confirmed the order or when the Service is opened for use. Orders may be placed via the order form on the Paloma website, www.paloma.se, by email or by verbal agreement. To enable full utilization of the Service, Customers wishing to subscribe to the Service must provide the information requested by Paloma in conjunction with registration. The Customer is obligated to sign a written agreement if Paloma so requests. Paloma will assign the Customer a user name and a password. Paloma may change this identification for technical, operational or other special reasons, including compliance with governmental decision. Notice of cancellation may be made in writing, verbally or via email. Failure to pay an invoice will not be considered notice of cancellation. Paloma will not reimburse paid licensing fees unless in the event of errors, deficiencies or delays on the part of Paloma that are not of negligible significance to the Customer. The agreement may be terminated at any time. Paloma will not reimburse paid licensing fees for time remaining in any commenced subscription period (monthly, quarterly or annual) under agreement. The agreement will be renewed automatically unless cancelled before the commencement of the next period of agreement, i.e. the start of the subsequent month, quarter or year according to the agreement period. Paloma is entitled to cancel the agreement with immediate effect if Paloma terminates the Service, incorporates it into another service, or changes the conditions for subscription to the Service, e.g. due to an increase in functionality or fees for the Service. Any outstanding payments will be credited to the Customer in a credit invoice.
Pricing and payment terms The Service shall be invoiced according to the applicable price at the time of order. Prices listed do not include Value Added Tax (VAT) or other similar added charges or fees. The Service shall be invoiced according to the subscription period chosen by the Customer (i.e. monthly, quarterly or annual subscription) at the commencement/renewal of the agreement. Payment shall be received by Paloma no later than 30 days after the date of invoice unless otherwise agreed. In the event payment is not remitted by the due date, the Customer shall be obligated to pay Paloma overdue payment interest charged from the day payment should have been received, in accordance with Section 6 of the Swedish Interest Act. Paloma reserves the right to terminate delivery of the Service if payment is not received. The Customer is obligated to notify Paloma of address changes. § 4 Operation, support and customer service Services are normally in operation 24 hours a day, seven days a week. Operation is, however, unmonitored during certain times and operational disturbances may occur during these times. Paloma is furthermore entitled to limit Service operation without prior notification to perform upgrades, etc. Should messages be sent to the Customer, the email address the Customer provided for receiving operational information will be used. Paloma will provide the Customer with support, if support has been ordered, via email for questions or problems as may arise concerning the use of the Service. Requests for support received during normal office hours, 9:00 a.m. - 5:00 p.m. Swedish time, will normally be responded to within four hours. For urgent support issues, the Customer is requested to contact Paloma directly at +46 225-410 22 to report the issue.
Technical requirements for the Service In order to use the Service, the Customer must meet the minimum technical requirements for the Service specified on the Paloma website.
Restrictions and delivery refusal Paloma is entitled to review the material communicated by the Customer via the Service in order to ensure that the Customer fulfils the obligations of these Terms of Agreement.
Paloma reserves the right to immediately terminate delivery of the Service if the Customer’s use of the Service is in violation of the terms or restrictions set forth in the agreement. Examples of restrictions in usage include: disturbing content such as racism, Nazism/fascism, slander, insult, persecution, threats or pornography chain letters or pyramid schemes the creation of a false identity for the purpose of misleading others sending or in another way making accessible material protected by intellectual property rights, without having acquired the rights to the material or procuring all of the requisite licences, permits, etc. for use of the material infringing upon the intellectual property rights of Paloma or others sending or in another way making accessible material that contains a virus, Trojan horse, worm, time bomb, cancelbot, damaged file or any other software, program, etc. that may damage the operation of anyone else’s computer or property falsifying or deleting author attribution, or falsifying or removing pertinent legal information or any other pertinent information regarding property rights for the source of the transmitted material or message failure to comply with codes of conduct or other guidelines that may be applicable to the Service without permission, attempting to access, obstruct, interrupt or terminate accounts, computers or networks appertaining to the Service acquiring access to or attempting to acquire access to information or data via the Service, with the exception of information that Paloma intends to make accessible to the Customer exploiting access to the Service for the purpose of procuring information for constructing, developing or updating another program, software, etc. charging others for the use of the Service, either directly or indirectly systematically and without apparent justification updating entire recipient lists or large portions of recipient lists on a repeated basis and thereby circumventing the applied fee policy for the Service
Services terminated due to the terms listed in Section 6 or due to payment difficulties on the part of the Customer are not entitled to reimbursement. The Customer’s right to use the Service shall in these cases be terminated immediately. Data saved in the Service after it is terminated may be lost. Paloma is not responsible to the Customer for any loss of data caused by the termination of the Service.
Customer obligation The Customer is responsible for ensuring that the Service is used in accordance with current applicable laws and ordinances in Sweden and in the rest of the world. The Customer undertakes to keep Paloma indemnified against any financial loss or other damage attributable to the Customer’s use of the Service. The Customer agrees to not reveal his/her password to any unauthorized person and agrees to ensure that all documentation containing information about this password is kept inaccessible to unauthorized persons. The Customer shall immediately contact Paloma to request a password block if there is any suspicion that an unauthorized person may have acquired access to the Customer’s password. The Customer is solely responsible vis-à-vis Paloma for the information transmitted, stored or provided through the Service. The Customer agrees to use the Service in accordance with the principle of “permission marketing”. This means that the Service shall be used for the further development of existing relationships. Recipients of a mailing must either directly or indirectly give their consent to receive information from the Customer. Consent may be considered given by virtue of an existing relationship with the customer, through personal contacts or by a completed application expressing interest in receiving information via the Service. Recipients of information via the Service shall always be offered the opportunity of deregistering from further mailings via a highly visible clickable link in each individual mailing. Deregistration shall be simple to carry out and must always be respected. Sending out invitations to launch a newsletter are acceptable on the condition that they are sent on a one-time basis to each recipient and that they are sent to a relevant target group with a presumed interest in the content.
Paloma account terms The Customer agrees that there may only be one registered sender per Paloma account and that no more than 10,000 addresses may be registered per Paloma account (basic package). The Customer is entitled to subscribe to
Paloma accounts on behalf of clients. However, there may be no more than one such registered client/sender per Paloma account. § 9 Limitation of liability Paloma shall not be liable for any inconvenience, damage or loss as a result of circumstances outside Paloma’s control or which Paloma could not have reasonably foreseen or forestalled. Exempting circumstances shall include (but not be limited to): accidents, wars, riots, inclement weather, labour disputes, errors in the operator’s or sub-contractor’s computer network or any other similar occurrence over which Paloma has no control. Paloma shall under no circumstance be liable for indirect damage or consequential loss.
Paloma’s liability In the event of error, deficiency or delay on the part of Paloma that is not of negligible significance to the Customer, the Customer may be compensated through a cost-free extension of the subscription period for a period of time equivalent to the relevant service failure. In no case shall monetary compensation be paid for delays or deficiencies in service as described above. If a request for compensation is not made within one month of the time the Service should have been opened or the time the error ceased, and the request could have been presented in the proper time but was not, the Customer shall lose the right to compensation.
Changes to the agreement Revisions to these general terms must be approved by the Customer in order to be applicable. Until such changes have been approved, the previously agreed upon Terms of Agreement shall apply.
Changes in fees Fee changes are made by implementing the change in our currently applicable price list. If the Customer does not approve the change or additional charge, the Customer is entitled to cancel his/her agreement for the Service, as set forth in Section 2. Should this not occur, the Customer shall be considered to have approved the new terms. The new terms shall be applied from the start of the next period of agreement, but always one (1) month after Paloma notified the Customer of the upcoming price increase. The message will be sent to the email address the Customer provided for receiving operational information.
Transfer of agreement The Customer is not entitled to transfer the agreement to a third party without written permission from Paloma AB.
Confidentiality Each party agrees not to reveal confidential information received from the other party or obtained during the use of the Paloma Service to a third party.
Information to third parties Paloma is entitled to provide address lists to third parties with the consent of the Customer.
Changes to the Service Paloma is entitled to change the design or format of the Service for any reason without prior notice. Such changes will apply immediately. The Customer shall receive an email notifying him/her of any change that could conceivably affect the Customer's use of the Service. This email shall be sent in a reasonable time frame and to the email address provided by the Customer for receiving operational information.
Transfer of Service The Customer is not entitled to transfer the Service to a third party.
Preferential right of interpretation
Paloma enters agreements with customers in many countries and translates agreements as needed to various languages. If an agreement can be interpreted differently due to linguistic differences, agreements prepared by Paloma in English shall have preferential right of interpretation over agreements prepared in other languages. However, if the Customer has entered an agreement written in Swedish with Paloma, the Swedish agreement shall have preferential right of interpretation over agreements written in English.
Applicable law Formulation requirements for entering an agreement and questions concerning the validity of an agreement between Paloma and the Customer shall be settled in accordance with Swedish law. Agreements made between Paloma and the Customer shall be interpreted in accordance with Swedish law and shall have the legal consequences determined thereof.
Disputes, controversies or claims Should any disputes arise between the parties, these shall be settled in accordance with Swedish law and by a Swedish court of law, of which the Stockholm City Court shall be the court of first instance.