General terms and conditions

These general terms and conditions apply when H-Creative AB (Hive Creatives), corporate identity number 556961-3556, with address Mandolingatan 35, 42145 Västra Frölunda, provides digital services to companies and private individuals, who are collectively referred to as ‘Users’. Services include website, database, webshop, e-mail services, image storage and domain name registration. The Services may also be supplemented by additional features and services, called ‘Additional Services’, offered by Hive Creatives at various times. When the term “Service” is used in these General Terms and Conditions, the Additional Services are also included, unless otherwise stated in specific provisions or the context in which the term is used. Please note that special conditions may apply to certain Additional Services as set out in section 3 below.

In order to use such Additional Services, the User must accept the specific conditions applicable to each Additional Service. The Special Terms, together with any other written agreements governing the Service and Additional Services between Hive Creatives and a User, together constitute the agreement between Hive Creatives and the User (the “Agreement”).

A User who, through an agreement with Hive Creatives, chooses to use the Service undertakes at the same time to comply with these general terms and conditions and any rules and instructions that Hive Creatives publishes via the Service at regular intervals.

It is also the User’s responsibility to comply with applicable laws, regulations, government decisions and generally accepted ethical and moral values when using the Service.

2. the service

2.1 Order

Orders for the Service and Additional Services are placed directly with Hive Creatives. By using the Service, the User agrees that Hive Creatives may register data deemed necessary to perform the services and process the payment. An agreement on the Service is considered to be concluded between the User and Hive Creatives when the registration has been completed.

2.2 Access

Access to the Service at Hive Creatives can be done through any of the options that Hive Creatives informs about via the confirmation for the selected service. The User acknowledges and agrees that the Service may also be used in conjunction with and accessed through external services offered by partners of Hive Creatives. This may mean that certain features or additional services may be available through these external services.

It is important to note that Hive Creatives is not responsible for the provision of such external services, including any additional services, offered by partners. Hive Creatives also takes no responsibility for the content or outcome of these external services. The User should be aware that when using the Service and any additional services that may be accessed through external services, different rules, conditions and privacy policies may apply to these services. It is the User’s responsibility to familiarize themselves with and comply with the relevant terms and policies of such external services.

Hive Creatives strives to offer a seamless user experience by partnering with external service providers. By using the Service and any additional services through external services, the User agrees to integrate and share certain information between Hive Creatives and the external service providers. This may include the transfer of user data or other relevant data to enable and improve the functionality of the service.

2.3 Fees, Transmission of e-mail invoices and messages

Fees are charged according to Hive Creative’s price list for the service applicable at any given time. Fees for the service are paid in the form of a periodic (annual unless otherwise agreed) fixed fee.

Appropriate notice shall be given at least 30 days in advance of any change in fees. However, Hive Creatives shall be entitled to increase the fee with immediate effect if the increase is directly attributable to

changes in exchange rates, taxes or similar governmental charges and other similar circumstances. In the event of a fee increase, the User has the right to terminate the contract in writing, at the latest when the change takes effect. If the User cannot use the ordered service due to circumstances attributable to the User or circumstances beyond Hive Creative’s control, this shall not relieve him of the obligation to pay the applicable fees.

Hive Creatives may send information about the Service and invoices (“e-mail invoices”) for ordered services to the User’s e-mail address. Hive Creatives may also send you information about third-party services and important information regarding the Service.

2.4 Payment

Fixed fees are invoiced periodically in advance. The invoice is sent once a year by post or email. In the case of any additional services, they can be invoiced separately between the annual fees Payment terms are 20 days net unless otherwise stated on the respective invoice. In the event of late payment, Hive Creatives is entitled to charge interest on arrears in accordance with the Interest Act and statutory reminder fees and, where applicable, collection fees. Furthermore, the

Hive Creative has the right to withhold services not yet performed and to suspend the service until full payment has been made. If the User delays payment in whole or in part after the time specified in the reminder, Hive Creative is entitled to terminate the agreement for the service in question with immediate effect and to invoice the User.

2.5 Address

Users shall indicate the address to which invoices and other messages are to be sent. If Hive Creatives has sent a message to this address, it is deemed to have reached the User no later than 7 (seven) days after sending (physical letter) or 1 (one) day in the case of e-mail, unless it appears likely that the message arrived after this time. It is the customer’s responsibility to notify Hive Creatives of a new address in case of e.g. move.

2.6 Contract period

The contract period is 12 months. Termination must be made no later than three (3) months before the end of the subscription period.

The notice of termination must be in writing and sent by registered letter. If no written notice of termination has been received, it is assumed that the subscription will continue. Refunds are not available on subscription fees. Non-payment is not considered as termination.

2.7 Communication

Within the framework of the Service, Hive Creatives may send e-mails or SMS to – or via the service portal.hivecreative.se – Users regarding the Service, information about changes to the Service and information about new features. This communication is considered an integral part of the Service which means that it cannot be opted out.

An e-mail is deemed to have been received by a User at the time it is sent. As with physical mail, users are responsible for accessing the content of the electronic mail item.

2.8 Storage

Electronic documents, including but not limited to emails, are stored for the duration of the User’s authorized account registered with Hive Creatives. During this time, the User is responsible for which electronic documents, including but not limited to e-mails, they choose to delete. The messages deleted will no longer be available to the User.

Upon suspension or termination of the Service for a User pursuant to Section 11 below, all of the User’s electronic documents, including but not limited to emails, stored within the Service will be deleted after twenty-five (25) to thirty (30) days.

2.9 Content

Hive Creatives does not allow material that may be classified as illegal, including but not limited to, pornographic or pirated

material, the spread of viruses, ethnic or other discrimination.

3. additional services

3.1 Additional services

Hive Creatives has the right to introduce and offer Additional Services at any time. Additional services can be services whose use is voluntary for Users and which are provided at no cost to the User, and which do not require the User’s consent. Additional services that are offered for a fee or that require the User’s consent will be communicated to the User by Hive Creatives via the Service or email. The User chooses whether or not to add such Additional Services.

As indicated above, specific conditions may apply to the provision of certain Value Added Services.

3.2 Special rules for domain name registration

In the event of a refusal to register a domain name, Hive Creatives is entitled to charge a fee of SEK 400 plus VAT.

4. changes to the Service

Hive Creatives has the right to make changes to the Service at any time.

Changes can include relate to changes to the technical solution for the Service and/or the design and layout of the Service and may result in the discontinuation, modification or addition of certain functions and/or changes to the technical conditions for accessing the Service. However, the changes will never affect the content of a User’s service.

Hive Creatives is also responsible for the ongoing information security of the Service.

If changes to the Service are not approved by a User, the User always has the right to terminate the Agreement in accordance with section 11.1 below.

5. accessibility

The service is normally available 24 hours per24 hours a day, seven (7) days a week, all year round. However, Hive Creatives does not guarantee nor is it responsible for the Service being free from any errors, delays and/or interruptions. Hive Creatives reserves the right to temporarily suspend the provision of the Service at any time for service purposes, e.g. bug fixes, maintenance and upgrades. Hive Creatives has no responsibility for updating the access rights of the Service.

6. the User’s responsibility for access to the Service, etc.

The user is responsible for:

• to have the necessary connections and equipment for the Service, including a functioning Internet connection and digital devices and browsers that allow access to the Service.
• the accuracy of the information provided in connection with the registration and use of the Service and any Additional Services.
• to update their contact details on a regular basis to ensure that they are correct at all times.
• personal and user-specific information such as user identity and passwords or other documents, certificates or devices that can be used to access the Service are stored in a secure manner and are not used by or disclosed to any unauthorized person.

If a User suspects that such information has been provided to an unauthorized person or is otherwise misused, the User is obliged to take immediate action to restrict access to the Service and inform Hive Creatives of the situation.

7. the User’s responsibility for the use of the Service

Users are responsible for activities undertaken by the User and any other Users to whom the User has given management rights. Users are thus responsible for, among other things for the content and transmission of information, as well as electronic documents, undertaken by the User in the context of the Service.

The user is responsible for ensuring that the electronic

documents that the User saves in the Service are not in conflict with Swedish legislation.

Users may not use the Service in such a way that Hive Creatives or others suffer inconvenience or damage. Users may thus, for example not handle via the Service electronic documents, including but not limited to E- mail, which infringe the rights of third parties or which may be perceived as offensive or objectionable, such as representations with hateful, threatening or pornographic content or which incite acts of violence or incitement to racial hatred.

If Hive Creatives suspects that a User is using the Service in violation of this section, Hive Creatives has the right, without prior notice to the User, to delete and/or prevent the User from transferring information and/or electronic documents and the right to suspend the Service for the User and terminate the Agreement with the User with immediate effect, see also section 11.2 below.

8. processing of personal data

Personal data is any information that can be directly or indirectly linked to a living natural person. Hive Creatives registers, saves, and otherwise processes personal data that the User provides when registering for the Service and when Hive Creatives transmits E-letters from the Sender to the User (hereinafter referred to as “Processing” and/or “Processing”).

Hive Creatives will, when processing the User’s personal data, take technical and organizational measures to protect the personal data and the User’s personal integrity.

The processing of personal data in the manner set out below takes place in order for Hive Creatives to be able to provide the Service to the User and for the purposes set out below in section 8.2.

8.1 Responsibility for personal data

All Processing of the User’s personal data is carried out in accordance with the Personal Data Act (1998:204) and other personal data legislation in force from time to time, such as the forthcoming General Data Protection Regulation (GDPR), which enters into force on May 25, 2018, national legislation associated with the GDPR and other applicable data protection legislation (“Data Protection Legislation”).

Hive Creatives is the data controller for the personal data that the User provides when registering with Hive Creatives and which is used for registration, authorization checks and login (name, e-mail address, social security number, telephone number, IP address).

When e-mail reaches a Business User’s mailbox, the personal data responsibility is transferred to the Business User and Hive Creatives is in these cases a data processor to the Business User.

If the user is a private individual, the personal data responsibility of the Sender and the personal data processor responsibility of Hive Creatives ceases, as processing for private use is not covered by Data Protection Legislation.

8.2 Processing of personal data

The User’s organization number/personal identification number is processed by Hive Creatives in order to securely identify the User as the correct recipient of messages from the Sender. e-mail address and telephone number are used to enable Hive Creatives to send messages to the User and to send information to the User regarding the Service.

The user’s name is processed to increase the security of the service, e.g. when billing or verifying Users. The user’s IP address is processed in order to carry out the necessary troubleshooting and for analysis and product development. The legal basis for

Hive Creatives to Process said data is in order for Hive Creatives to fulfill the present Agreement with the User.

In addition to the above-mentioned purposes, the personal data may, based on a balance of interests, also be processed for statistical and marketing purposes and for Hive Creativity’s business and product development. For marketing purposes, the User’s e-mail address will be used.

Hive Creatives will only market similar services to Hive Creativess existing ones and only to the User as long as the User remains a User. The User has the right to opt out of marketing by contacting Hive Creatives as set out in section 8.3 below or to opt out of further mailings by clicking on the link in the email itself. Hive Creatives may also combine personal data with other personal registers (e.g. the State’s personal address register) for the above purposes and to keep the personal data updated and correct.

Hive Creatives may also transfer personal data to other companies within the same group as Hive Creatives and to sub-processors engaged by Hive Creatives for Processing according to the purposes stated above. Hive Creatives is responsible for ensuring that any

processing of collected personal data by third parties is carried out in accordance with Data Protection Legislation and only for the purposes described in this Agreement.

The user’s personal data will not be sold. Furthermore, the user’s personal data will not be disclosed or used for purposes other than those mentioned above.

Hive Creatives Processes the personal data as long as the User uses the Service.

8.3 User rights

Users have the right to be informed of the personal data concerning the User that is being Processed by Hive Creatives and have the right to receive a copy of this personal data. The user also has the right to request that

Hive Creatives will correct, block or delete personal data that the User considers incorrect or incomplete.

The User has the right to receive the personal data provided by the User to Hive Creatives in a common machine-readable format. If technically feasible, as determined by Hive Creatives, the User also has the option to have said personal data transferred to another controller. This can happen, for example, if the User wants to switch to another service similar to Hive Creatives.

A request under this clause 8.3 shall be sent to [email protected] or to H-Creative , Mandolingatan 35, 42145 Västra Frölunda.

Hive Creatives reserves the right to use any appropriate method to ensure that the User is entitled to make the relevant request, to charge a fee for repeated requests, and to refuse to comply with a request that is, for example, but not exclusively, repeated or unreasonable or manifestly unfounded.

After the entry into force of the GDPR, a User may also turn to the Data Protection Authority in cases where the User believes that the User’s personal data is processed by Hive Creatives in violation of the Data Protection Act or in cases where Hive Creatives believes that Hive Creatives does not have to comply with a User’s request. For more information, see the DPA’s website www.datainspektionen.se.

For the proper use of the Service, Hive Creatives must be able to Process the Personal Data in the manner set out in this Agreement. If the User does not want the personal data to be processed in the aforementioned manner or deleted, the User must deregister from the Service. Deregistration means that the Service will no longer be available to the User in accordance with section 11 below.

9 Liability and limitations of liability

Hive Creatives is not responsible for any damages arising from the User providing incorrect information when registering or managing the User’s Service.

Hive Creatives is responsible for the technical part, i.e., making the User’s domain available online and supporting this technically. Hive Creatives makes backup copies of the User’s material one (1) time per day. The backup is available for 14 days. Should there be an infringement on the User’s website, the User must immediately notify Hive Creatives.

The User is solely responsible for any intrusion into the User’s services through negligence or loss/disclosure of login credentials.

Hive Creatives will only reimburse Users for proven and reasonable costs incurred as a direct result of negligence on the part of Hive Creatives. However, Hive Creatives does not compensate Users for indirect costs, damages or losses, such as e.g. loss of profit or other consequential damages, unless Hive Creatives has acted intentionally or with gross negligence. This means, for example that Hive Creatives is not liable for damages in the form of data loss or lost profits due to interruptions in the availability of the Service.

Notwithstanding the above, Hive Creativity’s total liability to a User during each twelve-month period is limited to an amount corresponding to one quarter (25%) of the price base amount applicable at any given time according to the Social Insurance Code (2010:110).

Users are obliged to submit claims for compensation to Hive Creatives within three (3) months after the damage was discovered or should have been discovered. If a User fails to do so, the User loses the right to assert the claim.

10. force majeure

Hive Creatives is exempt from compensation or other liability if damage or failure to act is due to an obstacle beyond Hive Creatives’ control that Hive Creatives could not reasonably have been expected to anticipate and the consequences of which Hive Creatives could not reasonably have avoided or overcome, including but not limited to e.g. war, natural disaster, lockout or other labor dispute, fire, interruption of energy supply, and interruption of the operation of electronic data processing caused by the above. The same applies if a subcontractor of Hive Creatives is affected by the obstacles referred to in this section.

11. suspension and termination of the Service

11.1 User rights

The contract period is 12 months unless otherwise specified in the contract. Termination must be made no later than three (3) months before the end of the subscription period. The notice of termination must be in writing and sent by registered letter. If no written notice of termination has been received, it is assumed that the subscription will continue. Refunds are not available on subscription fees. Non-payment is not considered as termination.

11.2 Rights of Hive Creative

Hive Creatives has the right, by written notice to the User, to, in whole or in part, terminate the Service for a User and terminate the Agreement with immediate effect if the User violates its obligations under the Agreement or against the statute, government decision or submitted

Hive Creatives also has the right, by written notice to the User, to terminate the Service for a User, in whole or in part, and to terminate the Agreement with three (3) months’ notice by written notice to the User.

Hive Creatives may, but is not obligated to, in connection with the termination or suspension of

Service, offer Users an Additional Service whereby Hive Creatives transmits files stored on the server to the User, where possible.

11.3 Deaths

In the event of death, Hive Creatives reserves the right to terminate the Service and delete the data in the Service of the deceased User after nine (9) months from the date of death.

12. confidentiality

Hive Creatives shall maintain the confidentiality of electronic documents handled through the Service and shall not improperly access content or disclose such documents to unauthorized persons.

However, Hive Creatives reserves the right to disclose any information that Hive Creatives is obliged to disclose or provide due to a decision by a public prosecutor.

13. intellectual property rights

All rights, including but not limited to all intellectual property rights, to the Service including the technical solution and any content therein provided by Hive Creatives belong to Hive Creatives or its rights holders and are protected by law.

14. Changes in terms and conditions

Hive Creatives reserves the right to modify and/or amend these general terms and conditions and/or the specific terms and conditions for Additional Services at any time. Changes to the terms and conditions shall be notified to the User via the Service no later than one (1) month before the change enters into force. However, Hive Creatives always has the right to immediately make such changes and additions as are required by law, regulation or government decision. If changes and additions are not approved by a User, the User has the right to terminate the Agreement at any time in accordance with section 11 above.

15. Assignment and subcontracting

Users may not assign this Agreement, or their rights and obligations under this Agreement, without the prior written consent of Hive Creatives.

Hive Creatives is entitled to transfer this Agreement, or its rights and obligations under this Agreement, in whole or in part, without the User’s consent, to companies that are part of the same group as Hive Creatives.

Hive Creatives is entitled to use subcontractors for the fulfillment of its obligations under the Agreement. In these cases, Hive Creatives will of course ensure that the necessary regulations regarding e.g. the processing of personal data is set out in the agreements between Hive Creatives and the subcontractor.

16. Choice of law and dispute resolution

The agreement is governed by Swedish law. In the event of a dispute concerning the interpretation or application of the Agreement, Hive Creatives and the User shall in the first instance attempt to reach agreement.

The dispute will otherwise be heard by Gothenburg District Court