Dicom Expense AB – General Terms and Conditions
Preamble: Welcome to the General Terms and Conditions for the Expense Management Services, provided by Dicom Expense AB. These General Terms and Conditions are part of the Framework Agreement (Agreement), and shall be agreed to by the Customer upon signature or confirmation of the quotation document.
In order of precedence, the Framework Agreement is comprised of:
- The Quotation Document
- The Data Processing Agreement
- These General Terms and Conditions
- The Privacy Policy
Article 1. Definitions
In these General Terms and Conditions, words are used that start with a capital letter. The meaning of these words, regardless of whether the words are used in singular or plural form in these General Terms and Conditions, is defined below.
1.1 Framework Agreement (Agreement): the Agreement between the Customer and Dicom Expense AB, to which these General Terms and Conditions apply, regarding the Service.
1.2 Customer: the counterparty of Dicom Expense AB in these General Terms and Conditions and subscriber to the Services.
1.3 General Terms and Conditions: these terms and conditions
1.4 Dicom Expense AB, a limited liability company with an office registered at Vretenvägen 2, 4tr 171 54 Solna Sweden, counterparty of the Customer in the Agreement.
1.5 Effective Date: shall mean the date of conclusion of the Agreement as described in the preamble.
1.6 Parties or Party: shall mean Dicom Expense AB and Customer.
1.7 Service: the web-based Service provided by Dicom Expense including for receipt management, coding of payment card transactions as well as expense management which can be reached at the URL https://www.expense.se/.
1.8. User: a user attributable to the Customer who uses the Service, usually an employee, for whom the Customer is responsible under this Agreement.
Article 2. Support and Guarantees
2.1 Dicom Expense AB provides support during separately specified hours on https://www.expense.se/en/support-request. When e-mailing support@expense.se a case number is obtained.
2.2 Dicom Expense strives for the service to be available around the clock during the contract period, but reserves the right to provide operational disruptions due to:
- A) Planned downtime due to system maintenance, such as hardware or software updates. Additionally, Dicom Expense shall have the right to a service window, which means the service may be unavailable during the service window. The Customer shall be notified of these in advance.
- B) Unplanned operational disturbances that may occur due to external events outside Dicom Expense's control. Information about this type of operational disruption will be provided to the Customer as soon as possible.
2.3 Dicom Expense undertakes to maintain and manage the Services with an availability of 99.6%.
2.4 Not forgoing the above, Dicom Expense AB shall not be liable for the temporary unavailability of the Service.
Article 3. Development of a project
3.1 Any development projects shall be invoiced to 50% of the total fee at the time of order. The remaining 50% of the total fee shall be paid upon completion of the project. Completion is deemed to have occurred upon delivery of the project and successful implementation thereof.
Article 4. Intellectual Property Rights
4.1 Dicom Expense retains ownership of all intellectual property rights associated with the Service and its documentation.
4.2 This Agreement does not transfer any ownership rights, including for projects developed specifically for a Customer, unless agreed otherwise in writing.
Article 5. Liability
5.1 Dicom Expense shall be liable for direct damages as a result of non-performance of the Agreement, up to the amount that the Customer has paid in fees to Dicom Expense in the twelve (12) months preceding the claim. Dicom Expense shall not be liable in any case for indirect damages including but not limited to loss of profit, destruction or loss of data or any liabilities held by the Customer towards third parties.
Article 6. Term and Termination
6.1 The License Period shall run for a set Term, as set out in the Quotation document, starting on the effective date thereof.
6.2 Parties may terminate the Agreement to the end of the then current License Period by giving 90 days prior notice. In case no notice was given, the Agreement will automatically renew for a Subsequent Term equal to the Initial License Period.
6.3 Either Party may terminate the Agreement effective immediately without incurring further liabilities if the other Party is in breach of the Agreement, including non-payment of fees, provided the breach has not been corrected within 30 days of notice thereof. The Customer shall not be entitled to the fees already paid under the Agreement.
Article 7. Data processing, data storage and confidentiality
7.1 Parties agree to enter into the Data Processing Agreement, which shall govern all data related matters.
7.2 The Customer accepts that Dicom Expense uses registered information, postal addresses and e-mail addresses, for the mailing of information that is relevant to the use of products and services. Services under this Agreement or other products of Dicom Expense.
7.3 Both Parties shall observe strict confidentiality with regard to information about each other’s organization, the operation of the Service and other information which would reasonably be held to be confidential. Unless priorly expressed in writing, neither Party shall divulge confidential information to third parties. Parties will oblige their personnel to uphold these confidentiality provisions.
Article 8. Payment terms
8.1 The Quotation document shall list the applicable fees, payment terms and invoicing terms as well as the Affiliates of the Customer entitled to use the Service and shall be governed by these Terms and Conditions. The Customer agrees to digital invoicing via PDF and email.
8.2 All Fees shall be adapted annually according to the [Insert Swedish index + calculation]
8.3 Expense Dicom may be entitled to suspend the Services without needing to indemnify the Customer in the event of violation of the payment terms, including non-payment of the fees.
Article 9. Miscellaneous
9.1 User and Customers may not use the service other than for the purpose intended by Dicom Expense AB. They may not use the service for improper use including but not limited to the spread of viruses or software's with unwanted effect, the uploading of unlawful material, by means of someone else's login details (including other Users).
9.2 The Agreement shall be governed by the Laws of Sweden.
9.3 Parties shall attempt to resolve disputes in good faith. If that is not possible, the Court in Stockholm shall have jurisdiction to hear and judge the dispute.
9.4 The Customer may not transfer their rights or obligations under this agreement to any Third-Party. This shall not apply to Dicom Expense, in particular, when it concerns a transfer in the context of a change of legal form, sale or merger of its company.
9.5 Neither party shall be responsible for failure or delay of performance if caused by a force majeure event, which is beyond the control of the Parties, and makes the proper performance of the Agreement impossible.
9.6 Dicom Expense AB is entitled to make changes to these Terms and Conditions. The Customer shall have the right to object to these changes in writing, in which case the version of the Agreement in effect upon the conclusion of the Agreement shall remain in effect. In this event, either Party shall have the right to terminate the Agreement, effective to the end of the then current license period.
9.7 Dicom Expense may use the name and logo of the Customer for marketing purposes.