Användarvillkor - Företagsparkering

AT A GLANCE

The goal of the Business Services is to help You simplify the administrative constraints related to multiple mobility transactions performed by their Employees. The Business Services enable the Client to centralise the management of the Transactions of its employees.

These conditions apply to the use of the Platform and the access to the Business Services.

Access to the Platform allows You to have access to the available Business Services. These Business Services are provided under APCOA  brands.

PLEASE READ THESE GENERAL TERMS CAREFULLY BEFORE ACCESSING OR USING THE BUSINESS SERVICES.

1. Intro

These General Terms & Conditions as amended from time to time set forth the terms and conditions under which the Client may access the Business Services and the

Platform. In this regard, Your access and use of the Platform and Business Services are subject to these Terms. These Terms must hence be read and agreed by You before Your access to the Platform and the Business Services.

Your agreement to these Terms establishes a contractual relationship between You and APCOA Sverige AB. If You do
not agree to these Terms, You may not access the Platform and won’t be able to benefit the Business Services provided through the Platform.

These Terms expressly supersede prior agreements or arrangements that You and APCOA Sverige AB may have related to the same purpose.

You acknowledge having all of the information You need to assess the suitability of the Platform and Business Services proposed for its needs and to take any precautions their use may require.

By agreeing to these Terms, You agree that the Business Services meet Your needs. In consideration of the above,You have agreed to enter into a Terms with the Service Provider.

2. Definition

1.1. Client or You: means the company contracting the access to the Platform and the Business Services

1.2. Platform: means the complete technological solution that enables the User to have access to the available services and products.

1.3. Administrator: means the representative of the Client in charge of creating and managing the User Accounts.

1.4. User: Refers to a person who has access to the Platform and for whom the Client is responsible. When using the Platform to have access to the Services, it is understood that the Terms and Condition  (APCOA SE T&C) shall apply.

1.5. Business Services: means the services provided by the Service Provider to the Client  in application of the present Terms and to which the Client hereby subscribes.

1.6. Business Products: means the goods ordered by the Client  under the present Terms.

1.7. User Account: means the personal User account within the Platform.

1.8. Business Account: means the Administrator personal account within the Platform.

1.9. Access Interfaces: means the mean of access to the Platform (e.g. computer, mobile phone, tablet).

1.10.         Terms: refers to the present provisions and to any appendices and supplemental agreements thereto, to the exclusion of any other document, and in particular any document the Client may have issued before or after signing the Terms, in accordance with Article 4 below.

1.11.         Data: Refers to the information, publications and other data the use of which is provided for under this Terms.

1.12.         Local Service Centre: means the local entity by which the Platform is locally made available, promoted, and supported. The User can find the list of Local Service Centre here: APCOA SE.

1.13.         Login: Refers both to a User and/or Administrator username and password to access the Platform and Business Services, for which the Client and Users shall be entirely responsible.

1.14.         Products: means any goods that can be ordered by the User through the Platform. Those goods can be provided either directly by the Local Service Centre or any Third Party Provider, as the case may be.

1.15.         Product Abuse: fraudulent, careless or unauthorized use of the Products as well as potential alerts received by the Service Provider and/or any Third Party Provider with regards to the compliance with anti-money laundering (AML) and terrorist financing (TF) norms and regulations ;

1.16.         Support Hours: Refers to the period of time from 08:00 to 17:00, Monday to Friday excluding Local Service Centre public holidays or the day before those, during which the Client may contact the Service Provider.

1.17.         Third Party Provider: means third party providers, including the Local Service Centre, with which the Service Provider cooperate in order for the User to be allowed to request Third Party Provider services and/or Third Party Provider Products via the Platform

1.18.         Service Provider: Refers to APCOA Sverige AB

     1.19.         Transaction: The acquisition by the User of a product or a service through the Platform.

3. Business Services

Against the payment of the related fee and by agreeing to these Terms, the Client would have access to the Business Services in specific locations (APCOA Corporate Accounts) :

          creation of the Business Account. This requires the Client to supply to the Service Provider various information such as the Company details, the names of the Users who will use the Business Services as well as their professional e-mail,

          centralised payment of the Transactions by the Service Provider, in advance and on behalf of the Client,

          ability to create a number of User Accounts for User access and use of the Platform,

          monthly reporting in the standard format chosen by the Service Provider,

          simultaneous parking when applicable.

 

In order to set up the Business Services, the Administrator will access a dedicated Business Account that will allow to:

          manage the Client Business Account including payment methods

          manage the Users

          manage a pool of vehicles (license plates)

          issue reports on Client and/or User activity and Transactions for a period of up to two (2) years, or such other period as the Service Provider may make available from time to time..

 

The Platform and the Business Services are accessible to Users on any device that has access to the Internet and also using a mobile application developed for the mobile operating systems compatible with the Platform (e.g. iOS and Android).

Some functions reserved to the Administrator are accessible only through a web browser, and not through mobile application.

Access to the Platform and Business Services cannot be provided until:

          the Client has created and configured the Business Account and Users Accounts

          the Users have agreed to the User Terms and Conditions of the Services

          the Client has completed and signed the inter-company direct debit mandate

4. Term

The present Terms shall come into force as of the subscription until terminated  by either of the Parties at the end of the calendar month following the notice of termination. You can request the termination of these Terms directly through Your Account.

In any case, the Client undertakes to pay the Service Provider for all the services, investment performed by the Service Provider until the effective date of the Terms termination.

5. The Platform and Business Services

1.1.          The Platform 

The Client shall have access to the Service Provider’s Platform via a network for which the Client is responsible.

Under the terms of the Intellectual Property article below, and subject to the full payment of the Business Services in due course, the Service Provider grants the Client a non-exclusive and non-transferable right to access the Platform.

The Service Provider is in charge of hosting the Platform and the Data.

1.2.          Network

The Client shall be responsible for having and maintaining a computer and telecommunications network that is of sufficient quality (in terms of throughput, stability and availability) for accessing the Platform and the Business Services.

Since the Service Provider cannot be held responsible for any failure of the computer and/or telecommunications transmission line, the Client acknowledges the importance of the telecommunications provider’s product/service and in particular of any back-up option the latter may provide by providing a second transmission line in the event of a network failure.

1.3.          Access to the Platform and Business Services

The Client may access the Platform at any time, other than during maintenance periods. Access shall be made from the Client’s Access Interfaces using the pertaining Login.

The Administrator shall be in charge of creating Client’s User Accounts with pertaining Logins that can be modified at any time by the Administrator. 

Access to the Platform shall be solely permitted to the Administrator and Users thanks to the Logins in order to protect the Platform’s integrity and availability, and the integrity, availability and confidentiality of the Data.

The Client undertakes to use the Business Services and/or the Platform in a lawful manner and in compliance with their purposes. In this regard, the use of the Business Services and/or the Platform for other  purposes, including personal purposes, in particular for the purpose of trade (total or partial transfer or resale of the Service) is strictly forbidden.

The Platform and the Business Services are accessible to Users on any device that has access to the Internet and also using a mobile application developed for the mobile operating systems compatible with the Platform (e.g. iOS and Android).

Some functions reserved to the Administrator are accessible only through a web browser, and not through mobile application.

The Client acknowledges that additional information and data might be asked and You must timely and correctly comply with such a request for the provision of further data and information.

1.4.          Confidentiality of Login

Logins are personal and confidential. They can be changed at the initiative of the User or the Administrator. The Client shall ensure it keeps the Logins confidential and not disclose them in any way whatsoever.

The Client and/or the Users shall be fully responsible for the use and safekeeping of the Login. The Client shall ensure that only authorised persons have access to the Platform.

 

In general, the Client shall also be responsible for ensuring the security of the individual Access Interfaces that have access to the Platform and Business Services. If the Client becomes aware that some other person is accessing the Platform and Business Services, it shall inform the Service Provider as soon as reasonably possible and confirm this by registered mail.

6. Quality of Business Services

Access to the Platform and Business Services depends on the availability and proper functioning of the Client’s telecommunications network, which is beyond the scope of the Service Provider’s responsibility.

The Client is aware of the technical risks of a failure of telecommunications network, and that such failure may interrupt or prevent the access to the Platform and Business Services. Accordingly, the Service Provider shall not be liable for any unavailability or slowing down of the Business Services. The Client acknowledges that the Service Provider is unable to guarantee the continuity of the Business Services, which are performed remotely via any telecommunication network.

The Services may occasionally be suspended to perform maintenance operations on the Platform and Business Services. In such case, the Service Provider shall not be liable for any consequence this unavailability may have.

7. Data processing

   1.1.          Data Privacy

By accepting the Terms and using the Platform, You acknowledge and agree that the Service Provider collects, uses and discloses information from or about You as described here (GDPR).

Be aware that services provided to the Users are performed by third party providers as per the User T&Cs  . In such cases, these third party providers have their own privacy notices, and APCOA Sweden or their affiliates are not responsible for the third party operations, including but not limited to their information practises. Users should review the privacy statement of those third parties before providing them with any personally identifiable information.

For any processing of personal data carried out in connection with this Agreement, the parties shall comply with the applicable laws and regulations.

You or one of Your representatives will be the only contact for Users who wish to exercise their rights under the applicable laws and regulations according to the procedures defined by You.

The Service Provider will provide assistance to the Client so that it can process requests to exercise Users’ rights.

Upon request, the register of processing activities of each party will be communicated to the other.

You agree that depending on the Services provided, You and the Service Provider might share personal data and each party operates as a separate controller.

1.2.          Use of the Data

The Client shall be responsible for the quality, legality and relevance of the Data and content it provides for the purpose of using the Business Services. The Client further warrants that it owns the intellectual property rights and all other rights that allow it to use the Data and content. Accordingly, the Service Provider shall not be liable if the Data and/or content fails to comply with an applicable law or regulation, with public order or with the Client’s needs.

The Client shall remain the sole owner of the Data that constitutes the content of the Solutions.

You grant the Service Provider a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to use, copy and exploit in any manner Your Data and content for optimisation and performance of its services and systems, for marketing and commercial purposes

1.3.          Data Security 

Each Party shall implement appropriate technical means to ensure the security of the Data.

The Service Provider undertakes, within the limitations of the “Liability” Article below, to preserve the integrity and confidentiality of the Data contained within the Platform. The Service Provider shall implement technical and organisational measures to prevent any fraudulent access to or use of the Data and any loss, alteration or destruction of the Data.

8. The client´s obligations

You are responsible for all activities that occur under your Business Account, and you agree to maintain the security and secrecy of your Business Account Login at all times. You are responsible for use of Your Business Account and You agree to notify Local Service Centre (Contact) immediately in the event of any unauthorized use. Unless otherwise permitted by the Service Provider in writing, You may only possess one Business Account.

You acknowledge that You are responsible to provide to the Service Provider all required and accurate information to perform the Transaction properly.

All of the Client’s prerequisites and obligations set forth in those Terms must be fulfilled before the Business Services can be provided. The Client acknowledges that the Service Provider has provided it with all of the needed information to assess the suitability of the Platform and the Business Services for the Client’s needs.  The Client also acknowledges that it has been informed of all and any precautions that may be necessary to use the Platform and the Business Services. 

 

In order to enable the Service Provider and/or the Third Party Provider to perform the Business Services that are the subject hereof, the Client agrees to:

          communicate to the Service Provider its identification information and payment details and any update of these

          pay the Service Provider with the applicable fees,

          provide any information, documents, data, prerequisite or other item that the Service Provider may need to perform its obligations under the Terms or which may have an impact on such performance, in due time and in any case within a time that enables the Service Provider to meet its own obligations,

          manage the security of the distribution of Login to Users,

          ensure the necessary means (e.g. equipment, connections, subscriptions) the Client, the Administrator and its Users will need to access to the Platform and the Business Services,

          immediately report to the Service Provider any fraudulent use or disruption of the Platform and Business Services or anything that affects the provision of the Business Services.

          be responsible for complying with all laws, regulations, restrictions, rules, policies and terms applicable to the Services & Products and especially to the relevant Third Party Provider services & products, which shall take precedence over any information that you receive from the Service Provider.

          undertake to impose the obligations described in the present Terms, and all terms and conditions of Third Parties Providers on You and Your Users

          guarantee that the information and documentation made available to the Service Provider do not infringe the rights of third parties.

          take the necessary measures to prevent theft, loss, damage fraud with any items, tools given by the third party provider. 

          inform the Service Provider in writing within 30 (thirty) days in case of a complaint, after the moment when You reasonably can be aware of the shortcoming, failing which Your rights with regard to the relevant shortcoming expired.

          be liable for the use of the Products and Business Services and all resulting charges including Product Abuse

          comply with Third Party Provider terms and conditions when applicable, in particular, if You subscribe to the   other related business Services, You undertake to comply with their own T&C’s.  

 

The Client understands that it is responsible for all activities and Transactions that are performed via the Users Accounts and the Business Account.

 

If the Client fails to comply with its obligations, and in particular its obligation to make timely payments, the Service Provider may suspend access to the Platform and Business Services within seven (7) days after providing written notice.

The Client is solely responsible for ensuring that all information provided or maintained in the Platform (including but not limited to company details, administrator contacts, user accounts, vehicle/licence plate lists, cost centres, and payment details) is complete, accurate, and kept up to date at all times. The Service Provider shall have no liability for any failure, misbilling, access issue, or enforcement outcome resulting from outdated, inaccurate, or incomplete information supplied or maintained by the Client or its Users.

 

The Client undertakes to:

          have and maintain the payment details up to date at any time,

          ensure sufficient funds available to use the Platform and the Business Services.

Should the Client not be able to comply with these obligations, the Service Provider reserves their right to immediately suspend and/or terminate the contractual relationship with the Client and/or close or block the Business Account and the User Accounts.

9. Financials

1.1.          General 

Within the scope of the Client’s use of the Business Services, the Service Provider may pay the Transactions in advance in the Client’s name and on its behalf. However, the Client undertakes to be fully responsible for the Transactions and other operations performed using the Platform.

All operations performed from the Business Account and/or Users Accounts must be paid by the Client in accordance with the applicable fee and payment terms.

1.2.          Fees 

In consideration for the Service Provider’s provision of the Business Services and access to the Solution, the Client shall pay the Service Provider the applicable fees.

Fees can be revised by the Service Provider from time to time. The Client would be informed at least 30 days in advance that price changes occur by email or other means and new prices would be displayed at HYPERLINK(BUSINESS-PRICES)

Fees are exclusive of all taxes and shall in particular be subject to VAT at the rate in effect at the date of the invoice.

The Client acknowledges that Transaction fees and potential related convenience fees applicable on specific locations due by the Users for the Transactions and paid by the Service Provider in application with the present Terms shall be refund in full by the Client in due time.

1.3.           Upfront Payment

In order to begin the Business Services, the Service Provider may request an upfront payment equal to the forecasted amount of the following month’s Services and Transactions or other amount communicated at onboarding (the “Upfront Payment“).

The Upfront Payment shall be adjusted from time to time to cover at any time the coming Services and Transactions  .

In case of late payment, the Service Provider may decide  to immediately and with no further formality suspend the Business Services and access to the Platform.

1.4.          Invoices 

The Business Services will be invoiced electronically to the Client by the Service Provider on a monthly basis, and will include:

          the Business Services fees

          the Transactions paid by the Service Provider on behalf of the Client and/or the Users

          Convenience fees when applicable

During the 3 first months of operation, the Client may be invoiced and debited on a weekly basis. After that period, if there is no payment incident/issue, the invoicing will be switched to a monthly basis.

1.5.           Payment

Payments are due by the Client immediately and shall be charged by the Service Provider on the payment method registered by the Client in the Administrator Account.

In the event of non-payment by the Customer on maturity, the Service Provider may automatically and without other formality suspend the performance of the Business Services and access to the Platform. In such a case, and without the possibility to be held responsible for any reason whatsoever, the Service Provider will no longer provide Business Services until payments are fully settled.

 

In the event of late payment or non-payment of an invoice, the Service Provider shall automatically apply late interest equal to the rates applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 points on amounts invoiced that would be due.

 

Without prejudice to the possibility to suspend the Business Services and access to the Platform, the Service Provider may automatically and without further formality, in the event of a delay in payment of more than 45 days, terminate the Agreement for default.  

10. Confidentiality

The Parties undertake not to divulge any information and/or documents which have been available to the public or otherwise identified as confidential and of which they have become aware in performing the services. Each Party shall ensure that its employees and/or representatives comply with this confidentiality obligation.

Each Party shall, throughout the term of the Terms and for a period of five (5) years after its termination, for whatever reason, keep confidential and communicate to no one all information or documentation received from the other Party within the scope of the Terms or which concerns the Terms itself, without the written consent of the Party that provided said information or documentation.

 

Upon termination of these Terms for any reason whatsoever, the Party that has received confidential information shall return this information to the other Party, without retaining a copy of this information, and shall refrain from making any other use thereof. Termination of these Terms shall not release the Party that receives confidential information from its confidentiality obligations, which shall remain in force for a period of 5 (five) years after the date of termination.

11. Intellectual Property

1.1.          General principles

All elements that are subject to intellectual property rights protection that are used and/or developed by the Service Provider for the performance of these Terms shall remain the Service Provider’s exclusive property.

The tools, methods and know-how the Service Provider uses to provide the Services and access to the Platform within the scope of the Terms and any programs acquired or developed by the Service Provider for this purpose, shall remain its exclusive property.

The Client is and shall remain the owner of all of the Data it provides or generates in conjunction with the Business Services within the scope of the Terms.

 

The Service Provider is and shall remain the owner of the proprietary rights to all elements of the Business Services and of the Platform that are made available to the Client, and more generally of the IT software and hardware infrastructure implemented or developed within the scope of the Terms.

The Terms do not give the Client any proprietary right to the Platform. The temporary provision of the Business Services and access to the Platform as provided for in the Terms shall not be construed as giving the Client any intellectual property right.

The Client shall refrain from reproducing any component of the Solution or any document in relation thereto, by any means, in any form and on any medium whatsoever.

The Client shall not assign any or all of its rights and obligations under the Terms, whether temporarily, via a sub-licensing agreement or a Terms that provides for the transfer of said rights and/or obligations.

 

1.2.          Use and access rights

The Service Provider hereby grants the Client a personal, non-exclusive, non-assignable, non-transferable and world-wide right to use and access the Platform and the Business Services throughout the term of the Terms.

The Client shall only use the Platform and the Business Services in accordance with its own needs within the scope of these Terms and with documentation provided by the Service Provider. In particular, the licence to use the Platform is only granted for the sole and exclusive purpose of allowing the Client to access the Platform and the Business Services.

The Client shall not make any other use of the Platform and Business Services, including, but not limited to, any adaptation, modification, improvement, translation, arrangement, distribution, or decompilation.

12. Limitations

THE ACCESS TO THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE SERVICE PROVIDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THE SERVICE PROVIDER DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE THIRD PARTY PROVIDER SERVICES & PRODUCTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU.

THE SERVICE PROVIDER DO NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDER. THIRD PARTY PROVIDER ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF THE SERVICE PROVIDER.

THE SERVICE PROVIDER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY OF YOUR CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SOLUTION AND/OR SERVICES. THE SERVICE PROVIDER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE BUSINESS SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE PROVIDER ACCEPT NO LIABILITY TO COMPLETE ANY TRANSACTION WHICH CANNOT BE CLEARED BY OUR PAYMENT PROCESSORS, WHETHER BECAUSE THERE ARE INSUFFICIENT FUNDS AVAILABLE ON YOUR PAYMENT METHOD OR OTHERWISE.

13. Force Major

In any case, the Service Provider shall not be held responsible in case a force majeure event appears. Shall inter allia and without limitation be considered as a force majeure event any breach due to third party that are not under the the Service Provider’s control and/or any external causes or circumstances beyond the reasonable control of the Service Provider’s including, without limitation: acts of God, flood, drought, fire, earthquake or other natural disaster, social conflicts, intervention by civil or military authorities, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, epidemic, pandemic, interruption or failure of utility service, telecommunications network or power supply, cyber-attack.

14. Termination

In the event of a serious breach by the one Party of one or more of its obligations under the Terms, which it fails to remedy within 30 days after receiving formal notice by email of said breach from the other Party, the latter shall be able to terminate those Terms without the need for legal process.

Regardless of the situation, the Client shall in any case pay the Service Provider for all of the services it has provided and any investments it has made up to the effective date of the Terms’s termination.

The termination of these Terms, for any reason whatsoever, shall not affect its Confidentiality, Liability or Intellectual Property articles, which shall remain in effect.

In addition, Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination and, in accordance with the Privacy Policy, your Account will remain our property at all times. You must return to the Local Service Centre any Product that was delivered to You within 30 days otherwise fee may apply.

 

The Service Provider may immediately terminate these Terms or any Business Services, or generally cease offering or deny access to the Platform or any Business Services or any portion thereof, at any time for any reason. Our ability to suspend, limit or close your Account does not limit or exclude other remedies the Service Provider and/or the Third Party Provider may have if You are otherwise in breach of this Agreement.

15. Liability

Nothing in these Terms limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or alter your rights as a consumer that cannot be excluded under applicable law.

The Service Provider cannot not be liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any immaterial, indirect and/or consequential damages or loss such as, but not limited to, loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill.

In any case, the Service Provider liability shall be limited to 50 euros.

The Service Provider shall not be liable for any failure or breach that is attributable to the telecommunications network, the banking system, or any product or service that is provided by a third party. The Service Provider does not warrant that the telecommunications network, the banking system or third party product or service is not faulty or will never fail.

 

The Client shall indemnify and hold harmless the Service Provider against any claim, suit and/or other complaint that may be brought by a third party, an end user and/or an employee of the Client and which is deemed to be the direct or indirect consequence of the Client’s failure to comply with its obligations hereunder.

The Client agrees to indemnify and hold the Service Provider and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:

(i)                  Your use of the Platform or Services & Products obtained through your use of the Platform;

(ii)                Your breach or violation of any of the Terms;

 

(iii)              Your violation of the rights of any third party.

16. Insurance

Both Parties represent that they have taken out public liability insurance from a company that is known to be solvent to cover any liability to which they may be exposed as a result of their performance of its obligations under the Terms.

17. General Provision

1.1.          Assignment

These Terms may not be assigned in whole or in part, whether for consideration or gratuitously, without the other Party’s prior written consent.

Notwithstanding the above, the Service Provider reserves the right to assign all or part of these Terms to one of its subsidiaries or to any entity of the Service Provider’s group. In such a case, the Service Provider shall ensure that the assignee complies with all of the obligations arising from this Terms.

 

1.2.          Disposition Invalidity

The invalidity of any clauses in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.

 

1.3.          Applicable Law and Dispute resolution

These Terms shall be exclusively governed by and construed in accordance with the laws of Sweden, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Should any dispute arise related to the Business Services and/or the Platform or the Terms, You agree to first seek for amicable settlement by using customer service (foretag@apcoa.se). In case You and the Service Provider do not find an agreeable settlement within sixty (60) days from Your request for amicable settlement, You may bring judicial proceedings before a competent APCOA local court.

 

1.3.1.                                            Amicable settlement 

The Parties agree to attempt to settle all Disputes amicably, in a timely manner and in good faith, by discussing the matter in dispute within ten (10) business days after receipt of the notice of the Dispute. Said discussions shall be concluded within a period of thirty (30) days after receipt of the notice of the Dispute (the “Amicable Settlement Period”), unless the Parties agree to a different period.

1.3.2.                                            Jurisdiction 

IF THE MEDIATION PROCEDURE FAILS, THE DISPUTE SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF STOCKHOLM, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS. SUMMARY PROCEEDINGS SHALL ALSO BE SUBJECT TO THIS JURISDICTION.

1.4.          References

The Client hereby authorises the Service Provider to refer to these Terms for the purposes of the Service Provider’s external and internal communication, and to include the Client’s name among the customer references it may provide to its prospects.

 

1.5.          Entire Terms

The Parties acknowledge that this Terms constitutes the entire agreement between them and supersedes any previous offer, provision or agreement, whether written or verbal.

1.6.          Amendment

No subsequent document and no amendment of the Terms in any form whatsoever shall be effective between the Parties unless in the form of a supplemental agreement they have duly dated and signed.

1.7.          Titles 

If there is a conflict in the interpretation of the meaning of an article and its title, the meaning of the article shall have precedence.

1.8.          No waiver 

A Party’s failure to have a given clause of the Terms enforced or the Party’s acceptance of the non-performance of a clause, whether on a temporary or permanent basis, shall not be construed as the waiver of said Party of its rights under said clause.

By accepting these Terms, You agree to be bound by these Terms.

 

Last updated : 2026-07-01

The Service Provider                                                                                    The Client