Terms and Conditions

Article 1 Definitions

General Terms and Conditions: These general terms and conditions. BrightAnalytics: BrightAnalytics Nordics AB, Valborgsmässovägen 20B LGH1002, 126 37 Hägersten (Sweden), registered at Bolagsverket under number 559239-3218. Demo: demo version of the Platform which the (potential) Principal can use for a period of fourteen (14) calendar days, before concluding an Agreement with BrightAnalytics. User: each user of the Platform. Intellectual Property Rights: all (registered and not registered) trade names, trademarks, domain names, copyrights, logo’s, design rights, database rights, trade secrets, patents, inventions, works, models, designs, processes/methods, technology, systems, know-how-rights, source codes, as well as all drafts, programs, documents and all other materials which were developed and/or used for the preparation or implementation of the Platform and the Assignment or proceeds from it, and all other industrial an intellectual property rights. Assignment: description of goods and services, including but not limited to the set-up of and access to the Platform and a Software as a Service (“SaaS”) subscription and possible supplemental modules, which the Principal wishes to receive, and the agreed-upon price as specified in the offer which the Principal receives. Principal: The party that awards the Assignment to BrightAnalytics. Agreement: (i) The Assignment awarded by the Principal and accepted by BrightAnalytics, and (ii) these General Terms and Conditions. Parties: Jointly refers to Principal and BrightAnalytics, each individually being a Party. Platform: the digital platform of BrightAnalytics that is made available on the servers of BrightAnalytics.

 

Article 2 Scope

2.1 BrightAnalytics reserves the right to change these General Terms and Conditions at any time unilaterally.

2.2 The General Terms and Conditions are applicable to all Agreements and the use of the Demo.

2.3 The General Terms and Conditions were communicated in advance to the Principal who accepted them. The applicability of the general terms and conditions of the Principal is expressly rejected by BrightAnalytics, regardless the time they were communicated.

2.4 If there is any discrepancy or ambiguity between the content of the Assignment and of the General Terms and Conditions, then the content of the Assignment shall precede.

2.5 If any of the provisions of the General Terms and Conditions or the Agreement should be void or invalid, only that part of the article that is void or invalid shall be stricken. The remaining part of the article and the other articles will remain in force. The void or invalid part shall be replaced by a provision with a similar economic benefit, unless the nullity of this provision deprives the implementation of the Assignment as a whole of any benefit.

2.6 If there is any discrepancy or ambiguity between the content of the English version or the Dutch version of the General Terms and Conditions, then the Dutch version shall prevail. 

 

Article 3 Demo

After being registered to this end, every potential Principal shall have the opportunity to use the Demo free of charge for a period of fourteen (14) calendar days from registration. After this deadline, it will no longer be possible to keep using the Demo.

 

Article 4 Offers – Assignment – Agreement

4.1 All offers relating to an Assignment are non-binding without the acceptance of BrightAnalytics.

4.2 An Assignment is accepted and the Agreement takes effect (i) after a written confirmation by BrightAnalytics of the Assignment signed by the Principal, or (ii) at the moment when BrightAnalytics starts the execution of the Assignment.

4.3 The Agreement contains the entire agreement between the Parties and replaces all prior communication on the subject and/or any oral or written proposal prior to the conclusion of the Agreement.

4.4 The Assignment can only be amended by means of written agreement of the Parties. 

 

Article 5 Obligations Principal

5.1 The Principal must ascertain that all data, documents, instructions and codes, which BrightAnalytics requests and needs for the correct and timely execution of the awarded Assignment, is provided in a timely fashion and in the form and manner desired by BrightAnalytics.

5.2 BrightAnalytics is not liable for any delay and/or increased costs that are attributable to incomplete and/or late provision of data, documents, instructions and/or codes by the Principal.

5.3 The Principal must cooperate in good faith and among other things provide personnel with a suitable level of knowledge and experience, who are able to answer any questions from BrightAnalytics in an adequate fashion and properly manage the project.

5.4 The Principal must make sure that BrightAnalytics is immediately informed of facts and circumstances which can be relevant to the correct and proper execution of the Assignment or which could endanger such execution.

5.5 The Principal is solely responsible for the accuracy, completeness and reliability of the data, documents, instructions and codes provided to BrightAnalytics, even if they originate from third parties.

5.6 The extra costs that are attributable to violations by the Principal of this article 5, including costs incurred by delays in the execution of the Assignment, will be borne entirely by the Principal.

 

Article 6 Execution of the Assignment

6.1 All work which is done by BrightAnalytics will be carried out to the best of its knowledge and ability, conforming to the demands of good business practice and making use of up-to-date technology and available know-how. BrightAnalytics assumes in this case a best-effort obligation, not an obligation to produce specific results.

6.2 BrightAnalytics reserves the right during the execution of the Assignment to work with its own employees or with independent consultants, referred to jointly in the following as “Employees”.

6.3 BrightAnalytics will determine the manner in which and by which Employees the Assignment will be executed but will take into account, to the extent possible, any reasonable demands expressed by the Principal.

6.4 BrightAnalytics can, in consultation with the Principal, carry out supplemental work and bill it to the Principal.

6.5 If the Principal wishes to involve third parties in the execution of the Assignment, he shall only begin this after consultation with and with the prior written consent of BrightAnalytics. BrightAnalytics reserves the right in that case to revise the planning and the price. 

 

Article 7 Delivery deadline

7.1 All delivery deadlines given by BrightAnalytics are solely indicative and non-binding. The deadlines will always be formulated in business days.

7.2 BrightAnalytics is not liable for failure to meet a delivery deadline, nor for any (direct or indirect) costs, damage or loss proceeding from it. Delays in the delivery and possible related additional costs do not allow the Principal to terminate the Agreement, to refuse delivery or suspend payment of the underlying invoices.

 

Article 8 Changes to the Assignment

8.1 In the event that the Principal, in the course of the execution of the Agreement, wants to amend the Assignment, this must be reported in writing to BrightAnalytics. BrightAnalytics reserves the right in this case to adjust the implementation planning and the price.

8.2 Upon receipt of the requests or new requirements from the Principal, BrightAnalytics shall analyze them, and, if it becomes apparent in the view of BrightAnalytics, that they need a modification of the Assignment, BrightAnalytics shall, within a reasonable period, make an offer for a modified Assignment, indicating the changes, including but not limited to the implementation planning and prices.

8.3 The Principal shall be presumed to have approved this amended Assignment within three (3) business days after the offer is sent with the result that the Assignment – as amended – shall continue to be carried out under the amended conditions, i.e., with respect to planning and prices.

8.4 BrightAnalytics is also free, after analyzing the requested changes, to indicate that they cannot be implemented; the Parties shall then continue to execute the Assignment as it was originally agreed upon and shall, where appropriate, negotiate concerning the requested changes in the framework of another Assignment to be executed later. 

 

Article 9 Prices – billing – terms of payment

9.1 The price which the Principal must pay to BrightAnalytics is stated in the Assignment and any supplemental offers in the event that the Assignment is amended as explained in Article 8. All stated prices are exclusive of the VAT and all other taxes possibly applicable at the time of payment, which the Principal shall pay.

9.2 BrightAnalytics reserves the right to bill additional costs for each User above the number of Users initially provided for in the Assignment.

9.3 BrightAnalytics reserves the right to increase the price during the duration of the Assignment, after the first year and after each subsequent year, on the start date of the Assignment on the grounds of indexation.

9.4 BrightAnalytics reserves the right to bill a charge for transportation costs at 4 SEK/km.

9.5 Unless otherwise agreed upon, the Principal expressly consents to electronic invoicing by BrightAnalytics.

9.6 Invoices are payable in cash to the account number stated on the invoices. The payment of an invoice cannot be suspended because of any delay in the execution of the Assignment, an allegedly unsatisfactory or incomplete delivery, nor for any other reason.

9.7 If the invoice is not paid on the due date, the amount owed shall automatically and without any notice of default be increased by (i) interest of 1% per month starting from the due date until the full payment of the invoiced amount and (ii) a flat-rate indemnity of 10% of the invoiced amount with a minimum charge of 1250 SEK, without prejudice to the option for BrightAnalytics to bring a claim for any effective damages suffered.

9.8 If an invoice is not paid on the due date, all open and future charges shall be immediately claimable. In this case, BrightAnalytics reserves the right to revoke any discounts it has granted and suspend its services and work until all amounts in arrears are settled, and this without any prior notice of default to the Principal.

9.9 The Principal shall pay for all costs which BrightAnalytics incurs in the framework of collecting unpaid and claimable invoices, including but not limited to legal charges and lawyer’s fees.

9.10 Royalties, licenses, costs for registration of DNS and all purchases in the connection with the Assignment with an individual sale value of less than 2500 SEK will be billed supplementally to the Principal.

9.11 Every objection to any invoice must be sent to BrightAnalytics by registered mail within eight (8) business days of the billing date. In absence of a timely objection, the invoice, services and the goods to which the invoice refers will be considered to have been accepted in their entirety. 

 

Article 10 Duration – end of the Agreement

10.1 Unless otherwise agreed upon, the Agreement is entered into for an indefinite period. The Parties can terminate the Agreement at any time by registered letter on condition of observing a notice period of two (2) months, beginning three (3) business days after the registered letter has been sent.

10.2 In the event that the Principal terminates the Agreement of indefinite period in conformity with Article 10.1 before the Assignment was completely fulfilled, BrightAnalytics is entitled to: i) complete payment by the Principal of the agreed-upon price for the set-up of the Platform, if it is at that moment not yet fully paid; and ii) payment by the Principal of two (2) months of the fee for the SaaS-subscription and any supplemental modules, irrespective of whether the Principal no longer makes use of the Platform during the notice period as given above.

10.3 If the Assignment states a specific duration, then the Agreement is of a definite period and is not available for early termination. Articles 10.1 and 10.2 are not applicable in that case.

10.4 If the Principal should however early terminate the Agreement of specific duration, the entire agreed-upon amount as specified in the Assignment continues to be owed without reduction for the remaining period and becomes immediately due and payable, regardless of BrightAnalytics’s ability of demanding supplemental compensation for damages.

10.5 In the event of early termination of the Agreement, BrightAnalytics shall not be required to pay any compensation for damages or other compensation to the Principal and shall not be required to repay any amounts already paid by the Principal.

10.6 The Agreement may be unilaterally terminated by each Party with immediate effect by registered letter without prior notification and reserving the right to compensation for damages, if the other Party becomes insolvent, is declared bankrupt or if a trustee, administrator or liquidator is appointed, or if the other Party terminates its activities for any other reason.

10.7 BrightAnalytics may also unilaterally terminated the Agreement with immediate effect via registered letter without prior notification and reserving the right to demand compensation for damages, if the Principal does not fulfil its payment obligations specified in article 9.

10.8 The termination of the Agreement does not release the Principal from the obligation to pay the amounts already owed relating to the Agreement.

10.9 Except in the situations provided for in Articles 10.6 and 10.7, BrightAnalytics shall, in the event of the termination of the Agreement, for a period of three (3) months after termination, provide its cooperation for the transfer of the work already delivered to third parties. To the extent that this transfer generates extra costs for BrightAnalytics, the Principal is required to repay them.

10.10 Upon termination of the Assignment, each Party is required to return all goods, objects, documents, and electronic data storage devices belonging to the other Party that are in its possession to the other Party immediately.

 

Article 11 Communication

11.1 During the execution of the Assignment the Principal and BrightAnalytics shall exchange legally valid communication with each other by email.

11.2 The Parties expressly recognize that electronic data storage devices and emails have the same evidentiary value as signed documents.

11.3 The Parties acknowledge that the use of electronic data storage devices can bring risks with it including but not limited to distortion, delay or viruses. The Parties expressly agree that they shall not hold each other liable for any damages that can result from the use of electronic data storage devices and emails. The Parties commit in any case to make every reasonable effort to prevent any such damage.

 

Article 12 Use of the Platform

12.1 The Principal recognizes that the Platform may only be used for internal business purposes and expressly declares that its employees or temporary employees shall proceed only in compliance with all applicable laws.

12.2 The Principal shall take all necessary steps to prevent viruses or other harmful software that can damage the Platform.

12.3 The Principal is not permitted: i) to use the Platform or copy it for any purposes other than the business purposes of the Principal ; ii) to use the Platform, including the server and storage capacities offered with it, to carry out infractions or cause damage or nuisance to BrightAnalytics or third parties iii) to decompile the Platform, subject it to reverse-engineering or attempt to derive a source code, underlying ideas, underlying user interface technologies, or algorithms, to reconstruct, identify or discover any of these or make them public in any manner whatsoever, except to the extent that this is expressly allowed by the applicable laws; iv) to encumber the Platform with a lien or security right; v) to perform any actions that could lead to the source code of the Platform getting into the public domain; vi) to use the Platform in any manner not expressly allowed under the Agreement or in a manner that is aimed at an illegal or harmful objective or activity; and vii) to evade technical or other protective measures as provided for by the Platform.

12.4 The Principal assures that it will at all times not use actionable or infringing data, files programming, metatags, hyperlinks, deep links in combination with the Platform or any other services which are offered by BrightAnalytics or comparable links or information will be one the devices made available by BrightAnalytics in the framework of the execution of the Assignment.

12.5 The use by the Principal of illegal software or software for which the licensing provisions are not respected by the Principal in combination with the Platform is prohibited. Spamming is prohibited on all devices and systems made available by BrightAnalytics. The Principal guarantees to immediately respond to any request from BrightAnalytics as well as any reasonable request from third parties to remove, render inaccessible or amend its content. The Principal waives every right to claim any compensation for damages that are associated with such removal. BrightAnalytics does not allow, among other things, any pornographic material, nor any sites from which such materials are offered, nor anything which would be in conflict with public order, good morals or regulations concerning market practices, nor which constitute any other illegal practice. Nor may any activities be carried out on the servers which constitute any infringement of protected works or the protection of privacy or which are punishable under the law.

12.6 The Principal pledges to immediately notify BrightAnalytics of any actual, threatening or suspected inappropriate use of the Platform.

 

Article 13 Liability limitation

13.1 In no case is BrightAnalytics liable for any indirect or subsequent damage including but not limited to commercial or financial losses (including but not limited to loss of profits or sales), loss of data, loss of or damage to devices, loss of goodwill, damage to reputation, nor is BrightAnalytics liable for losses as a result of legal measures by third parties undertaken against the Principal, defects which are (in)directly caused by an action of the Principal, damage caused by the improper use of the services, products and software which proceeds from the Assignment or defects in products and services from third parties.

13.2 Without prejudice to the application of Article 13.1, the total liability of BrightAnalytics shall not exceed the total price of the Assignment. In any case, BrightAnalytics shall never be liable for an amount higher than the amount that was paid out as a benefit from the liability insurance policy that it signed.

13.3 Principal is solely liable for the proper use of the Platform and must take into account in this use of the specifications, documentation and instructions from BrightAnalytics and the applicable provisions of law in this matter.

13.4 The Principal shall indemnify BrightAnalytics for and against all claims that may possibly arise from the existence, the execution, failure to fulfil the Agreement and which would be caused by its own negligence or fault of one of its Users.

13.5 The Principal is solely responsible for all transactions which are carried out on the Platform, such as payments, reporting, etc. The Principal pledges to indemnify BrightAnalytics without reservation for every third-party claim which may be brought in connection with these transactions. BrightAnalytics is not involved in the relationship between the Principal and its clients and will remain at all times a third party.

13.6 BrightAnalytics is not liable for the failure to renew a licensing Agreement with a third-party supplier in a timely fashion, payment of royalties and like matters, nor for the consequences resulting thereof, even if the initial licensing agreement was supplied with the assistance of BrightAnalytics in the framework of the Assignment. The Principal will receive on placement of an order a copy of the licensing conditions and will take care of renewal itself. 

 

Article 14 Warranty

14.1 BrightAnalytics offers a limited warranty against hidden defects, namely defects that were not obvious or could not reasonably be identified on accessing the Platform and/or on delivery of the modules in the framework of the Assignment and which become apparent within a period of eight (8) weeks following that.

14.2 BrightAnalytics guarantees to the best of its ability that the Platform: (i) will function without interruption, except for interruptions that are attributable to factors beyond its control or previously announced and foreseen interruptions, (ii) shall be virus-free except for any incident of cyberattack or any other illegal accessing of the Platform by a third party.

14.3 A claim on the basis of the offered warranty shall only be investigated by BrightAnalytics if the Principal expresses its request to this end in a registered letter. Such communication is only valid if : i) the Principal immediately notified BrightAnalytics after discovering the alleged shortcoming(s) ii) the Principal adequately describes the alleged shortcoming(s); iii)the Principal proves that the defect could not have been reasonably detected earlier; the Principal shall, on request from BrightAnalytics, provide supplemental information and documentation during the investigation of the complaint; and iv) the notification has been sent in conformity with the provisions of article 25.

14.4 In the absence of a timely and valid claim to the warranty, the Principal shall be deemed to have accepted the Contract irrevocably.

14.5 If there actually appears to be a hidden defect, BrightAnalytics shall make a reasonable effort to restore the functionality insofar it constitutes part of the Assignment. This is the only form of satisfaction which BrightAnalytics commits to provide.

14.6 Only the warranty conditions of the manufacturer/publisher apply to any third-party program codes and software sold. BrightAnalytics is not liable for them and does not formulate any warranty with respect to the services or materials from third parties. 

 

Article 15 Indemnification

15.1 Without prejudice to Article 13 of these General Terms and Conditions, the Principal shall indemnify BrightAnalytics and hold it harmless of any liability, damages, fines, claim, judgement, procedure, and costs and expenses of whatever kind, including all reasonable legal costs, resulting from the existence, execution, failure to fulfil and termination of the Agreement and which i) are caused by its own negligence, fault, legal or punishable violation of the Principal and/or one of its users; and ii) are initiated by a third party, including but not limited to any claim from third parties based on: a) incorrect, erroneous or outdated information which was provided by the Principal to BrightAnalytics; b) processing of personal data in the framework of the Agreement which was provided by the Principal to BrightAnalytics and BrightAnalytics has therefore legally received or c) the registration of a domain name.

 

Article 16 Force majeure

16.1 BrightAnalytics or the Principal are in a force majeure situation if one of them is temporarily or permanently unable to fulfil the commitments entered into under the Agreement due to an external cause which is not attributable to this same Party and which was not foreseeable at the time the Agreement was entered into.

16.2 Examples of force majeure (not exhaustive) are strikes, fire, wars, military operations, actions or omissions of public authorities, nature disasters, national and local emergencies, epidemics, disruptions in operations, power failures, disruptions in a (telecommunications-)network or connection or communication systems used or the Platform not being available at any moment, network outages, disruptions of networks, non-delivery or late delivery of goods from sub-suppliers or other involved third parties and the reduced functionality or non-functionality of networks, systems and equipment of third parties.

16.3 On the part of the Principal, force majeure will never be understood to mean a shortage of personnel, strikes, or financial problems suffered by the Principal. Force majeure can never be invoked with respect to payment obligations.

16.4 The Party who appeals to force majeure shall notify the other Party as quickly as possible of the force majeure situation. In case of temporary force majeure, the Party which appeals to force majeure is entitled to suspend and/or extend the deadline for the execution of the Agreement as long as the force majeure situation continues. The Party who appeals to force majeure shall notify its counterparty as quickly as possible (i) if the situation of force majeure comes to an end and the obligations under the Agreement can be resumed, or (ii) if the temporary force majeure situation becomes definitive, with the consequence that the Agreement will be terminated. Definitive force majeure can apply if the force majeure situation lasts longer than two (2) months. Both in the case of temporary force majeure during the suspension period as well as in the case of termination on account of definitive force majeure, the Party who appealed to force majeure shall not be owed any compensation for damages.

 

Article 17 Confidential information

17.1 Parties will regard all non-public information which they receive from the other Party in the framework of the execution of the Agreement to be confidential; this information may only be used in the framework of and for the necessities of the Agreement and this confidential information and materials may only be released to persons who are allowed to have access to it in the framework of the Agreement or by reason of a legal disclosure obligation. Both Parties will make every effort to respect this confidentiality and to make sure that this obligation to maintain confidentiality is respected by employees and third parties.

17.2 All confidential information and materials which are made available to one of the two Parties in the framework of the Agreement, are and remain the unique and exclusive property of the respective Party that released it and will be, upon termination of the Agreement or as soon as they are no longer needed, returned to the owner or, if agreed upon in advance by the Parties, destroyed.

17.3 Neither of the two Parties shall reproduce or distribute the confidential information and materials, directly or indirectly, wholly or in part, orally or in written form, without the expressed, prior written consent of the other Party, unless this serves the execution of the Agreement.

17.4 This provision survives the termination of the Agreement regardless of the cause for the termination, and must be fulfilled by both Parties.

 

Article 18 Data protection

18.1 For the processing of personal data, BrightAnalytics will comply with the relevant laws. BrightAnalytics shall treat personal data as confidential and shall notify everyone who necessarily has access to this data of its confidential character.

18.2 BrightAnalytics considers the personal data which is provided to it in the framework of the Assignment by the Principal as being legally received and managed by the Principal. The Principal indemnifies BrightAnalytics against all possible claims from third parties and people involved the matter.

18.3 BrightAnalytics reserves the right, but is not obligated, to remove any data that is deemed to be in conflict with (i) the provisions of the Agreement or are otherwise unsuitable, (ii) possible rights of third parties, or (iii) possibly applicable laws or regulations. 

 

Article 19 Intellectual Property Rights

19.1 All Intellectual Property Rights remain exclusively with BrightAnalytics or its suppliers. The Agreement does not extend any transfer of or license to Intellectual Property Rights.

19.2 The Principal receives a non-exclusive and non-transferrable user right, limited to the use of the Platform for its own internal purposes as specified in the Assignment and for the duration of the Agreement, and this on the condition of fulfilling its payment obligations as stipulated in Article 9. The Principal pledges to immediately notify BrightAnalytics of any actual, threatening or suspected violation of its Intellectual Property Rights of which the Principal becomes aware.

19.3 The Principal receives, if explicitly foreseen in the Agreement, a non-exclusive and non- transferrable user right, limited to the use for its own internal purposes of well-defined products for the agreed-upon Assignment, and this on the condition of fulfilling the payment obligations as provided for in Article 9.

19.4 Principal shall not, without prior written consent of BrightAnalytics, disclose the products and results of the Assignment in any way, wholly or in part, nor reproduce it nor make it available to third parties.

19.5 The Principal gives BrightAnalytics the expressed consent to refer to the name, logo, trade name or trademarks of the Principal, as well as the work completed under the Agreement, both for internal purposes as well as in the framework of commercial purposes as well as promotions, advertising, …

 

Article 20 Transfer and subcontracting

20.1 BrightAnalytics is authorized to (i) transfer (wholly or in part) its rights which result from the execution of the Agreement or (ii) during the execution of Assignment, to outsource any part of the execution of the Assignment to third party sub-contractors if it considers this necessary or desirable, without the prior written consent of the Principal.

20.2 If BrightAnalytics relies upon sub-contractors, all communication between the Principal and the sub-contractors will be through BrightAnalytics, unless otherwise agreed upon.

20.3 BrightAnalytics will remain in all circumstances responsible to the Principal, according to the provisions of the Agreement, for all work that is carried out by the sub-contractors of BrightAnalytics, unless the sub-contractor was expressly selected by the Principal whether or not after consultation or advice of BrightAnalytics, in which case the responsibility of BrightAnalytics to the Principal for the work entrusted to the sub-contractors is entirely excluded. In this last case, the Principal shall have to address the sub-contractor directly.

20.4 The Principal is not allowed to transfer the Agreement or any sub-component of it to a third party without the prior written consent of BrightAnalytics, regardless of the form of transfer. In any case the Principal shall remain jointly and severally liable towards BrightAnalytics for each obligation under or infringement of the Agreement. 

 

Article 21 Representation

The Agreement does not render BrightAnalytics an agent or representative of the Principal, who has no authority or power with respect to the former and its personnel, and vice-versa. The Parties will operate independently of each other and there is no subordinate relationship present. BrightAnalytics does not enter into the relationship between the Principal and its clientele. It remains a third party at all times.

 

Article 22 Non-solicitation

22.1 The Principal is expressly prohibited to directly or indirectly engage in solicitation or recruiting activities with respect to any employee, consultant or any other person working for BrightAnalytics for the duration of the Agreement and for one (1) year after the termination thereof.

22.2 If the Principal violates the provisions of this Article, then it shall be required to pay damages to BrightAnalytics in a fixed flat-fee on the amount that corresponds to a year’s gross salary costs of the person recruited, without prejudice to the right of BrightAnalytics to demand additional compensation for damages suffered if and to the extent that it can demonstrate that its actual damages exceed the amount of the fixed flat-fee.

 

Article 23 Special provisions for web hosting

23.1 The Principal must assign at least one person who will communicate with BrightAnalytics in the framework of the Agreement, can and may take decisions and will access the data, reports and logs that go along with web hosting activity.  It is the responsibility of the Principal to guarantee the availability of this person/these persons and keep his/her/their contact information up to date at all times. If the contact person is replaced for whatever reason, this must be communicated to BrightAnalytics.

23.2 All data generated by the systems which are hosted or housed for the Principal in the execution of the Agreement (reports, log-files, files, etc.) belong to the Principal and will be regarded as confidential information in the sense of Article 17. Costs for providing aforementioned data and access to them will be borne by the Principal. The Principal is solely responsible for the accuracy, quality, integrity, legality, reliability, suitability and copyrights of all such data. 

 

Article 24 No waiver

The non-exercise of any right by BrightAnalytics cannot in any way be regarded as a waiver of that right.

 

Article 25 Notifications

25.1 All notifications to BrightAnalytics mentioned in the Agreement must be sent in writing to BrightAnalytics Nordics AB, to the attention of the Financial Officer, Valborgsmässovägen 20B LGH1002, 126 37 Hägerstern (Sweden), by registered letter with receipt confirmation or via a courier service. Such a letter shall be deemed to have been received on three (3) business days after sending the letter.

25.2 An email to the following email address: finance@brightanalytics.eu  is allowed on the precondition that an explicit reading confirmation is requested and received. Such an email will be deemed received and in force on the date of the reading confirmation. 


Article 26 Provisions that continue after the termination of the Agreement

The provisions of the Agreement which are intended by their nature and scope to survive the duration of the Agreement, including but not limited to Article 17 and Article 19 shall also remain in force after the termination of the Agreement.

 

Article 27 Jurisdiction – applicable law

27.1 The Parties shall always strive to resolve any differences amicably. All disputes between the Parties concerning the validity, interpretation or execution of the Agreement, will be governed by and construed in accordance with the laws of Sweden.

27.2 The courts of the legal district of Stockholm (Sweden) shall be exclusively competent to settle any disputes between BrightAnalytics and the Principal.