General Terms and Conditions for the Use of QWTOOL
This agreement (“Agreement”) applies between Granska Energi AB (“the Supplier“) and the customer (“the Customer“), to the extent that nothing else has been agreed, regarding the general terms and conditions (the “General Terms and Conditions“) that apply to the QWTOOL service (the “Service“) provided by the Supplier. The above are referred to individually as “Party” and collectively as “Parties”. By ordering the Service, the Customer confirms that they accept these General Terms and Conditions and the Supplier’s privacy policy. The Customer also accepts that a customary credit check may be performed and that this may result in the order not being accepted.
The Service is provided by the Supplier as “Software as a Service” (SaaS). The Service includes the software functions and services described in this Agreement and any appendices.
The Service is only adapted for buildings in Sweden.
The Supplier undertakes to provide access to the Service, including updates and upgrades that the Supplier chooses to make available to its customers. The Customer gains access to the Service in accordance with the General Terms and Conditions established in this Agreement and in accordance with any applicable terms on the Supplier’s website.
The Service enables the Customer to generate functional checks regarding the energy performance of buildings by specifying building-specific data. The Service generates messages as a function of the data that the Customer enters into the Service. The purpose is to identify possible functional errors and optimize operation to achieve or restore optimal performance. The Customer is responsible for remedying errors and defects identified through the use of the Service. If the Customer lacks exact data, the Customer may choose to enter standardized measurement values in accordance with what is suggested in the Service. If the Customer chooses to use standardized values, the calculation result may deviate from the actual values. The Supplier is in no case responsible for the correctness of the values entered by the Customer, whether it is a matter of actual values produced by the Customer or standardized measurement values.
When ordering the Service, the Customer specifies (1) how many buildings and (2) how large a building area the Customer has and intends to use the Service for. This data forms the basis for calculating the price of the service, which is paid in the form of a fixed annual fee. The fee is invoiced annually in advance and can be adjusted by the Supplier once a year.
In the event of late payment, the Supplier has the right to charge late payment interest in accordance with the Interest Act and statutory costs for collection and any reminder fees.
The Supplier provides support and maintenance to the extent that it is reasonable in relation to the price of the Service.
The Supplier’s obligations under this section apply only on the condition that the Customer has fulfilled the obligations that fall on the Customer under the General Terms and Conditions. Furthermore, the Supplier is not responsible for failure to fulfill agreed requirements if the deficiency is directly or indirectly caused by:
(1) the Customer or circumstances for which the Customer is responsible;
(2) interruptions in communication services;
(3) scheduled downtime in the Service due to maintenance and servicing of the Service or the Supplier’s systems;
(4) interruptions or changes in the Service made by the Supplier due to the risk that the provision of the Service may cause damage that is more than minor to the Customer, another customer of the Service, or the Supplier; or
(5) circumstances that are beyond the Party’s reasonable control, such as but not limited to labor disputes, unusual weather phenomena, external economic or military crises or conflicts, or disruptions in basic public services. The same shall apply in the event of errors or delays in services or deliveries from subcontractors due to circumstances that fall under this section. If the fulfillment of the Agreement is prevented for more than six (6) months, the Party has the right to terminate the Agreement. The Supplier has the right to compensation under the Agreement for work performed and documented necessary costs upon such termination.
The Customer is responsible for ensuring that third-party programs such as web browsers, PDF readers, toolbars, antivirus programs, and firewalls are correctly installed. The Supplier is not responsible for the performance of internet services or for how internet service providers perform their services.
Links to web pages that are not owned or controlled