These General Terms and Conditions govern the relationship (the "Agreement") between the Customer (the "Customer") and Marketing Moose AB ("Moose"), 559321-5758, and apply to all agreements entered between Moose and the Customer if Moose and the Customer have not agreed in writing on such deviation. Specific contractual terms in agreements between Moose and the Customer always take precedence over what is stated in these general terms and conditions.
The service is specified in the agreement with the Customer / agreement. The Service is legally binding when there is an approved agreement or agreement made (the "Agreement"). Amendments to the Agreement shall be made in written form, with the approval of both Parties.
Moose shall to the best of its ability deliver services under the Agreement to the Customer. Moose has the right to use subcontractors' services to comply with the terms of the Agreement.
If the Party is prevented from fulfilling its obligations under these General Terms and Conditions due to circumstances beyond which the Party has not been able to prevail, such as lightning, labor conflict, fire, seizure, governmental provision and error or delay in the services of subcontractors, this shall constitute grounds for exemption from damages and other possible penalties. If each party's commitments have been substantially prevented for longer than one month due to the circumstance set out above, each party may, without liability, waive its obligations under these Terms and Conditions.
The contract runs during the contract period with any notice period under the Agreement. Should an ongoing agreement not be terminated before the end date, the agreement will continue with a new contract period of the same length as the first contract period. Moose has the same right as a customer to terminate the agreement in accordance with the agreed period and notice period. Moose continues with the delivery of services under the Agreement until the last day of the contract period, unless otherwise agreed in writing. Moose has the right to transfer in whole or in part rights and obligations relating to the Agreement to third parties.
All prices are quoted in Swedish kronor excluding VAT unless otherwise expressly stated. If changes in existing fees or if new fees apply after the Conclusion of the Agreement, Moose has the right to settle agreed prices accordingly. All prices are quoted excluding any costs for the acquisition of intellectual property rights for images/photos, or text materials, and excluding any advertising costs if this is required for the delivery of the contracted service unless otherwise stated in writing. If no price has been specified for a service, the price applies according to Moose's current price list, which the Customer has been given access to. If the conditions for delivering the service have changed or if there is work in addition to what Moose has known about at the time of the contract, it is subject to separate invoicing according to the current price list.
Prices for current contracts, which have run for more than 12 months without adjusting price, are regulated annually on 1 June after the Labor Cost Index, AKI for officials from SCB – based on the change between the index number in January of the same year as the conclusion of the agreement and the latest definitively determined index number.
When re-invoicing / advance invoicing of external costs (usually advertising costs), we charge an administrative fee of SEK 800 per invoicing occasion and when arranging payment for advertising costs 2.5% of the total amount.
Our support helps with simple cases in all our service areas for your digital marketing. Our ongoing agreements include monthly 30 minutes of support time, additional support time is charged according to the current hourly rate in our price list. If the task takes longer than 2 hours to solve, we will instead return with a time estimate for approval from you before the work can start again.
Billing and payment terms: according to the Agreement. If the Agreement does not regulate payment terms, the following conditions apply: 20 days payment period and invoicing periodically in the month of execution. In case of late payment, reference interest rate + 8% (from the due date until full payment is received) and statutory reminder fee will be charged. In the event of non-payment, the matter is passed on to debt collection. If a service cannot be delivered in whole or in part due to the Customer's lack of or delayed participation, Moose has the right to invoice the Customer an amount equal to an amount as if the service could be delivered in full in accordance with the Agreement. Delayed payment is to be regarded as the customer not fulfilling their payment obligations and thus Moose has the right to cancel the Agreement or maintain it and take the necessary measures.
In case of cancellation or rescheduling of a consultation meeting, workshop, or training later than two weeks before the scheduled occasion, Moose is entitled to charge 50% of the amount. In case of cancellation or rescheduling of a consultation meeting, workshop, or training later than 48 hours before the scheduled occasion, Moose is entitled to charge the full amount, as if the opportunity could have been carried out.
If the Customer, during the cooperation with Moose and up to 12 months thereafter, intentionally hires or hires staff who have worked at Moose in cooperation with the Customer, Moose shall be compensated for the financial damage that occurs. Since the damage can hardly be calculated, it is hereby set at an amount of 300 KSEK (three hundred thousand SEK) to be paid no later than 60 days from the time the damage has occurred. This clause does not apply to such collaborations that the Customer has already established before the cooperation with Moose was established, nor does it can be shown that the cooperation is established without the Customer's knowledge that staff at Moose are getting involved.
Moose cannot in any case be held responsible for losses caused by delay of any part of Moose's services. Nor can Moose be held responsible for operating loss, lost income, improperly spent ad budgets at, for example, Google, Microsoft, Facebook, LinkedIn or other ad/affiliate networks, consequential damages, or other indirect losses. Moose cannot be held responsible for damage caused by Moose's services such as data loss, software damage or downtime for websites and IT systems. In all respects, Moose's liability is limited to an amount equal to the amount invoiced to the customer in respect of the service in question in the 3 preceding months prior to the time the Customer made his claim against Moose. Moose is not responsible if the Customer or third parties without informing Moose make changes to domain names, web pages or links. Moose delivers complex services such as search engine optimization, to the best of its ability, but is not responsible for non-compliance because of changes in assessment algorithms, search criteria, display policies or other circumstances beyond Moose's control.
These general terms and conditions are valid until further notice. All contracts are subject to the general terms and conditions published at the time of conclusion of the agreement.
In the event of a dispute arising out of these general terms and conditions, the action must be brought at Gothenburg District Court. Swedish law shall apply to these general terms and conditions.
These terms and conditions will enter into force on 1 September 2021.
