Terms of use

By using the service you accept the following terms and conditions. Note that this text is translated from Swedish and that the original text is used in any legal matters.

1 Definitions

The User referred is the person and the company that the user represents by using this service. The System supplier referred is the technical responsible party for the Service; Primona AB (556583-2374), Kungsgatan 35, 111 56 Stockholm, Sweden. The customer referred is the company, organisation or authority that handles e.g. inquiries, management of the agreement, management of the price list, orders and bills, through the service. The Service provides the system Kommers Annons eLite and the functions that are described under Basic functionality scope or Extended services. Extended services provides additional services that have been ordered specifically by the User. Technical support is the help that is offered to the user by the System supplier.

2 Basic functionality scope

The Base functionality is all the functions available without any charge and without the User signing any agreement about Extended services. The functionality assumes, in some cases, that the Costumer owns a license to corresponding functionality in the purchasing system (Kommers). The Base functionality also comprises functionality available without logging in. The Base functionality may be subject to changes since the Service in undergoing continuous improvements.

3 The right to use the service

The right to use the Base functionality in the Service is granted until further notice. The User has the right to unregister at any time. The System supplier has, on its own initiative or on a Costumers initiative, the right to disconnect a User from the system, if the user does not follow the terms and conditions of the Service. The same terms and conditions apply for Extended services, however with additional specific Terms and Conditions, according to the paragraph about Terms and conditions for Extended services.

3.1 Unethical use

The System supplier has the right to immediately disconnect a User’s account should he write or upload illegal or unethical material that is e.g. explicit, offensive, insulting, threateningly or obscene, or that is aimed to violate or disparage other Users or companies. Serious abuse of the Service will be reported to the police.

3.2 This occurs at suspension

If the User uses the Service in another way that is described under paragraph 2 or disobeys the Terms and conditions or in another way abuses the use of the Service, the System supplier has the right to shut down the Users account and terminate the access to the Service. It will then no longer be possible to log on. The user will be informed about such suspension and the reason thereto, in a separate e-mail to the User.

3.3 Further sale of information

Public information that the User can download through the Service can be meditated to a third party free of charge. However, the information may not be further sold to a third party without the System supplier’s approval.

3.2_p2

4 Limited responsibility

4.1 Correctness of the information

The information about e.g. procurements and orders, that is provided through Kommers Annons eLite is according to the information provided by the Costumer. The System supplier does not check the accuracy or the completeness of the information and resigns any responsibility do to such controls. The System supplier only corrects information in case it is ordered by the Customer.

The System supplier shall not be responsible for any direct or in-direct damage or consequential damage related to the Service, including loss of profit or similar, even if the System supplier was informed about the possibility of such loss.

4.2 Feedback about inaccurate information

Inaccurate information found by the User shall primarily be communicated to the Costumer, on second hand to the System supplier, as soon as the inaccuracy is found by the User.

4.3 Delivery of e-mail can not be guaranteed

Delivery of e-mail that is sent from the system cannot be guaranteed all the way to the end User, since e-mail may get stuck in spam-filters or not forwarded for other reasons outside the control of the System supplier. The System supplier resigns responsibility for e-mail that has not arrived. The User is responsible to regularly log in and check if any changes has been made in a case, e.g. while waiting for the contract award decision.

4.4 Complete monitoring can not be guaranteed

The system supplier cannot guarantee complete coverage for new procurements, when using the monitoring service for new procurements. The system cannot automatically handle synonyms, alternative terms, does not take into consideration incorrect category codes such as CVP or NUTS or any potential misspelling in the procurement text. The Service does not filter out irrelevant procurements that incorrectly match the monitoring settings. The system supplier shall not be held responsible for any lost business opportunities in use of the Service, e.g. due to missed e-mail notification, non-delivered e-mail notification, or incorrect filtration

4.5 Third party products

The System supplier is not responsible for and cannot remedy errors that occur in third party products such as web browsers, office software products, document readers or similar. The recommended web browser is the latest version of:

  • Microsoft Internet Explorer / Edge
  • Google Chrome
  • Mozilla Firefox

A User who experience problem in the Service shall first check that he uses one of the recommended browsers, before contacting Technical Support.

4.6 User authentication

The user is responsible for providing his true identity himself as a legally valid representative for the organisation he claim he represent. Consciously incorrect information may result in that the User is banned from using the Service. Abuse of the Service can result in a police report.

4.7 Secure password

The user is solely responsible for selecting a safe password.

5 Security, availability and data management of the service

5.1 Disruptions

The service is available around the clock with exception of scheduled maintenance. Scheduled maintenance will be notified on the Service news page. In addition to scheduled maintenance, the System supplier reserves the right to implement urgent maintenance and modifications at any time and without advance information. However all such maintenance is implemented in the best possible way to effect on the use of the Service as little as possible.

As a consequence of the above, the User shall:

  • Be attentive to information about planned maintenance on the Service news page.
  • Be in time when submitting tenders.

5.2 Confidentiality

The service is available around the clock with exception of scheduled maintenance. Scheduled maintenance will be notified on the Service news page. In addition to scheduled maintenance, the System supplier reserves the right to implement urgent maintenance and modifications at any time and without advance information. However all such maintenance is implemented in the best possible way to effect on the use of the Service as little as possible.

5.3 Copyright and IP rights

The System supplier has the right to use information provided by the User, provided such information is considered to be public information. In case of public procurements the common practice is that information is public as soon as the award decision has been made, except for classified information.

Kommers eLite and its logotype are trademarks that shall not be re-produced, published, distributed or in any another way used, without a written consent of the System supplier. The System supplier retains, under all circumstances, the ownership, copyright and any other intellectual property rights to the system and its web sites.

5.4 Reference to the original resource

If public information is retrieved from the Service to another service or web page it shall articulately apparent that the source for the information is Kommers eLite and the exact shortcut (URL) to the source of the information. If this is overlooked there is a risk that the tenderer doesn’t receive updated information on an ongoing public procurement. The System supplier declines all responsibility for information that is taken from the Service that the User finds on a third party’s web page.

5.5 Logging

All Users activities in the Service is logged in order for the System supplier to track errors. To guarantee confidentiality in procurement. Costumers do not have access to these logs. If a legal contention should occur between a User and a Costumer, the System supplier may need to hand out system logs about the User to the Customer e.g. in an appeal case. However, system logs are never exposed during an ongoing procurement.

The System supplier uses statistics in a composed/ aggregated form about Users/ traffic and traffic suppliers. Such statistics never contain any personal information. When a User registers on the Service some of the information about the use is logged and stored for safety precaution.

5.6 Cookies

The System supplier use cookies to improve the user experience of the Service and to make some of the content personal. A cookie is a small text file that is sent from the web server of the Service, to be saved in the Users web browser. Cookies help the Service remember that you visited the web site earlier.

Users can delete cookies from their hard drive at any time, however this will delete personal settings in the Service. Users can change the settings in their web browser so that cookies are not stored on the hard drive. However, this will limit the functionality of some pages in the Service and make some functions non-available.

5.7 Integrity

To use the Service the User must register with the correct company information including organisation number and email-address.

The User is responsible to make sure this information is correct and updated. By using the Service the User accepts that the information is used to inform the Customer about the User, its contact details, possible record for payment of invoices (used only when the invoicing function is used), and information about product/service- offer.

Furthermore the User accepts that the information in the monitoring profile or supplier examination may be re-cycled by other Customers. Apart from this, the System supplier will not hand over any information to a third party without an approval from the User. Exception is when that the law requires information to be extradited.

5.8 Personal data

The User approves that submitted personal data can be handled by the System supplier and the Customer according to the personal data act. The System supplier certifies that the personal data under no circumstances will be mediated to a third party. When using electronical signatures the social security number (Sv: personnummer) will be stored in a safe way.

5.9 Changes

The System supplier reserves the right to make changes to the Service configuration and its functionality. Furthermore, the System supplier has the right to make changes to the terms and condition for the Service as well as the technical and administrative routines that applies. Such amended conditions are in effect immediately. Current terms and conditions are always available in the Service.

5.10 Links to other services

Some functions in the Service further links to other external services. These services may have different terms and conditions.

5.11 Force majeure

If the System supplier is prevented from fulfilling its obligations according to the Terms and conditions because of circumstances beyond control of the party, e.g. lightning, labor dispute, lack of electricity, fire, government regulations, system failures or lack of availability of external work, this shall constitute relief that entails postponements of time for delivery and exemption from fines or other possible penalties.

6 Cost of the service

6.1 Cost of base functionality

The use of the Base functionality for the Service is free of charge. The System supplier reserves the right to change the business model and possibly charge for certain functions or services that today are free of charge. In such case, it will be announced in advance and no charge will be issued without the User ordering the Service.

6.2 Cost of extended services

Cost for Extended services are following a separate contract that is approved when signing of the Extended service, see the paragraph about Terms and conditions for Extended services.

6.3 Access to technical support

The User of the Service have access to Technical support. Questions to Technical Support shall be issued using the contact form (contact us) in the Service. Questions are answered as soon as possible.

Please note that Technical Support cannot answer questions regarding the content of procurements or other information that is provided by the Customer. For these questions please contact the Customer. During an ongoing procurement, or application, use the function for Questions and Answers available in the Service until the last day for questions, as indicated in the notice information. If other dates or contact channels are indicated in the contract specification, the Customer must be contacted in accordance with the instructions in the contract document.

7 Terms and conditions for extended services

Extended services are services and functions for the User beyond Base functionality. The specific terms and conditions for these services are accepted when signing for the Extended service.

7.1 Rights to use extended services

The rights to use Extended services applies according to a separately signed contract. The System supplier has the right, at all times, to shut down the Extended service for the User in case of absence of payment according to the contract.

7.2 Promotion campaigns

The System supplier has the right to issue campaigns to the User where an extended service is available for trial, free of charge, during a limited period of time. Should the User appreciate the service it will be possible to sign a separate contract for using the Extended service, including its additional terms and conditions and agreed cost. The System supplier has the right to shut down the Extended service after the trial period, in case no contract has been made. The System supplier has the right to completely stop offering the Extended service or include it as part of the Base functionality.

7.3 Assignation of extended services

The user is not entitled to hand over Extended services to another User, without the System supplier’s previous written approval. Such approval further requires that the new User accepts the new terms and conditions and the additional terms and conditions that applies for the Extended service.

When changing e-mail address a new user account must be created. If a license for an Extended service exists please contact Technical support.

8 Legal disputes

Disputes regarding interpretation or implementation of the Terms and conditions shall be determined by the Swedish court under Swedish law, where in Stockholm district court will be the first instance.