Effective date: these Terms apply as of May 5, 2023.
- Applicability 1.1 These terms and conditions apply to the services provided by Scaffcalc AB, 559229-1362 (hereinafter "Scaffcalc", "we", "us" or "our"), to you as a customer (hereinafter also "you") unless otherwise agreed in writing.
- Service and Scope 2.1 We provide the services (hereinafter "the Service") as set forth in the main agreement (hereinafter "the Agreement") and any additional services added after the Agreement's commencement. The standard service provided includes calculations and design documentation for scaffolding and, as an add-on, calculations and design documentation for scaffolding with weather protection roofs.
- Agreed Price 3.1 The agreed price for the Service is as set forth in the Agreement. A budget can be established upon request for variable fees.
- Contract Term, Termination, etc. 4.1 The contract term is 1 year and is effective from the time the customer gains access to their account on the Scaffcalc website. Termination of the Agreement must be made no later than 1 month before the contract term expires; otherwise, the Agreement is extended for another year, with a corresponding notice period.
- Billing 5.1 Billing shall take place monthly on the last Friday of each month. If the last Friday of the month falls on a holiday, billing shall instead take place on the preceding business day. Billing may take place at a later time. Billing may also be done annually if agreed upon and shall take place after the Agreement has been signed.
- Support 6.1 Scaffcalc provides support on weekdays between 09:00-16:00 for any errors or disruptions on the website, in the scaffolding calculator, or of any other kind. Scaffcalc undertakes to respond to inquiries within 3 business days.
- Errors in the Service and Complaints 7.1 In the event of an error in the Service, the Customer shall immediately lodge a complaint by notifying us in writing of how the Customer considers the Service to be defective. The Customer must lodge a complaint no later than 5 days after the error has been detected or should have been detected; otherwise, the Customer loses their right to claim compensation for the error.
- Consequences of Errors and Liability 8.1 In the event of an error, Scaffcalc shall be given the opportunity to remedy the error. If the error concerns a calculation error, Scaffcalc shall be given the opportunity to redo the calculation. Only if the Customer has given Scaffcalc the opportunity to remedy the error and Scaffcalc determines that the error cannot be remedied, shall the Customer have the right to claim other consequences, such as price reductions or damages.
- Information and Intellectual Property Rights 9.1 The Customer understands that the Service is dependent on data being collected from the Customer and analyzed by Scaffcalc. The Customer grants Scaffcalc the right to use this data to improve the Service and develop new features, provided that the Customer's data is anonymized and cannot be traced back to the Customer or any individual.
- Confidentiality 10.1 The parties undertake to treat all information about the other party's business operations, which is not generally known, as confidential. The duty of confidentiality applies both during the term of the Agreement and after its termination.
- Force Majeure 11.1 Neither party shall be held responsible for any delay or failure in performance of its obligations under this Agreement if such delay or failure is due to circumstances beyond the party's reasonable control, including but not limited to war, insurrection, natural disasters, epidemic or pandemic, fire, strikes, lockouts, embargoes, governmental regulations, power outages, or any other similar circumstances. If a force majeure event continues for more than 30 consecutive days, either party may terminate this Agreement by providing written notice to the other party without incurring any liability.
- Amendments and Supplements 12.1 Scaffcalc reserves the right to make amendments and supplements to this Agreement. Such amendments and supplements shall be communicated to the Customer by email or through the Service. The Customer shall be deemed to have accepted the amendments and supplements if the Customer does not object to them in writing within 30 days from the date the amendments and supplements were communicated to the Customer.
- Applicable Law and Dispute Resolution 13.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Scaffcalc is incorporated, without regard to its conflict of law provisions.
- Miscellaneous 14.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent and economic effect of the invalid or unenforceable provision.
2.2 The Service is provided by giving the customer access to our scaffolding calculator through a user account on the Scaffcalc website. We provide the customer with user instructions for using the scaffolding calculator. The customer is then responsible for entering the requested information into the scaffolding calculator, after which the customer is provided with calculations and design documentation. Calculations and design documentation are provided based on the information entered by the customer. The calculation does not take into account any information other than that provided to us by the customer in this manner.
2.3 In the event that circumstances change in relation to the original information entered, so that the information is no longer accurate, the customer is responsible for making a new calculation using the scaffolding calculator on the website. Scaffcalc is not responsible for the accuracy of the information provided by the customer, for inaccurately entered information, or for relevant information omitted by the customer.
2.4 The calculations and design documentation performed/issued within the scope of the Service comply with Swedish standards and meet the requirements set forth by Swedish law or regulation, including the Swedish Work Environment Authority's regulations 2013:4.
2.5 The scope of the Service is determined by the Agreement and these terms and conditions. If the documents conflict with each other, the Agreement shall prevail.
3.2 Unless otherwise stated in the Agreement, compensation for calculations and design documentation for scaffolding is a fixed monthly fee, independent of the number of calculations made by the customer. For calculations and design documentation for scaffolding with weather protection roofs, compensation is normally per calculation and design documentation. If the customer accidentally enters incorrect information in the scaffolding calculator, resulting in incorrect design documentation, the customer is entitled to redo the same calculation once. The customer must then contact us so that we can perform the calculation manually to avoid double billing.
3.3 Scaffcalc has the right to change the price for the Service according to the price increase percentage below at each renewed contract period.
3.4 As we continue to add more tools and introduce new product features, our plans and prices may change. We may also adjust plans and prices in response to local market changes, such as changes in local taxes or inflation. The price increase is expected to be 10% per year.
4.2 Each party has the right to terminate the Agreement for immediate termination if the other party has been declared bankrupt, initiated composition negotiations, is subject to corporate restructuring, or is otherwise insolvent.
4.3 Upon termination of the Agreement, Scaffcalc shall be entitled to charge the Customer for the period during which the Service was available to the Customer.
4.4 With regard to design documents for scaffolds with weather protection, the Agreement for this part of the Service shall terminate when the design documents have been provided to the Customer.
5.2 Our invoices are normally due for payment 14 days after the invoice date and are issued to you, as the Customer. In the event of non-payment, interest on overdue payments shall be charged on the outstanding amount in accordance with applicable law from the invoice's due date until the payment is received.
7.2 Complaints due to the Customer believing that a calculation or design document is incorrect must be made no later than 3 months after the calculation was performed; otherwise, the Customer shall not have the right to claim compensation for the error.
7.3 We are not liable for deficiencies in calculations, design documents, or other deficiencies resulting from the Customer or incorrect information provided by the Customer. We are not responsible for deficiencies resulting from the Customer providing information that differs from reality.
8.2 The Customer is entitled to compensation only for damage caused by us through gross negligence. The Customer shall, as far as possible, take measures to limit the extent of the damage.
8.3 Under no circumstances shall Scaffcalc be liable for indirect damage incurred by the Customer or in the Customer's business operations as a result of using the Service. Indirect damage refers to damage that does not have a direct connection to the damaging event, such as lost profits, production loss, or decreased sales.
8.4 Scaffcalc's liability for damage is limited, regardless of the cause and whether the damage results from errors in calculations and design documents for scaffolds or scaffolds with weather protection roofs, to an amount equivalent to two annual costs for calculation and design documents for scaffolds. The annual cost refers to the annual cost stated in the Agreement. If the resulting insurance payout is lower, however, Scaffcalc's liability is limited to an amount equivalent to the resulting insurance payout.
9.2 All intellectual property rights, including but not limited to copyright, trademarks, and patents, relating to the Service and any accompanying materials, including but not limited to calculations, design documents, software, and documentation, belong to Scaffcalc or its licensors. The Customer acquires no ownership rights to the Service or any accompanying materials but only a right to use the Service in accordance with this Agreement.
9.3 The Customer is not permitted to copy, reproduce, distribute, sell, rent, lease, sublicense, or otherwise transfer the Service or any accompanying materials to third parties without the prior written consent of Scaffcalc.
10.2 The duty of confidentiality does not apply to information that a party can demonstrate was known to the party before it was received from the other party, or to information that the party has received or will receive from a third party without being bound by a duty of confidentiality concerning this information, or to information that is or will become publicly known other than through a breach of the duty of confidentiality by a party.
13.2 Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved amicably through negotiations between the parties. If the parties fail to resolve the dispute through negotiation within 30 days, either party may submit the dispute to a competent court in the jurisdiction of Scaffcalc's incorporation.
14.2 This Agreement, together with any schedules, exhibits, or other attachments, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior or contemporaneous agreements, understandings, and representations, whether written or oral, between the parties relating to the subject matter of this Agreement.
Policies for Places API
As a user of Scaffcalc's application, you acknowledge and agree that you are bound by Google's Terms of Service, which can be accessed via the following link: https://policies.google.com/terms?hl=en. Our use of the Google Places API is subject to these terms, and by using our application, you consent to be bound by them.
Our application also incorporates data from the Boverket Climate Database. By using our application, you acknowledge and agree to be bound by the terms and conditions related to the use of this data. The Boverket Climate Database can be referenced as follows:
Boverket (2023). Open Data - Climate Database. https://www.boverket.se/en/about-boverket/published-by-boverket/open-data/boverkets-climate-database/