User Agreement
This agreement is valid from 2021-12-01. You can find previous versions of the agreement at the bottom of the page.
This is a translation of our Swedish user agreement. In case of disputes, the Swedish version shall be used.
1. General
This user agreement (the “Agreement”) governs the relationship between ODERLAND Webbhotell AB (“Oderland”) with registration number 556680-8746 and its customers (“Customer”, “Customers”).
In addition to regulating the relationship between the Customer and Oderland, the purpose of the Agreement is to ensure that the rights of other Internet users are not violated, and that coexistence with other customers functions satisfactorily in the common server environment.
The agreement covers all services provided by Oderland, unless otherwise agreed. By registering an account with Oderland, the Customer accepts the Agreement. As long as the Customer has a customer account with Oderland, it is covered by the Agreement.
If annexes or supplementary agreements to the Agreement are drawn up, they shall take precedence over the provisions of the Agreement. Higher numbered annexes take precedence over lower numbered annexes. Agreements with a later date take precedence over those with an earlier date.
Additions and amendments to the Agreement must be made in writing. Written also refers to electronic communication via Oderland’s customer service department and e-mail.
2. Order
All services are mainly ordered via the Oderland website. A confirmation of the order will be sent to the e-mail address provided by the Customer at the time of ordering. Services ordered by quotation are subject to the order confirmation.
It is the Customer’s responsibility that the person ordering services and entering into the Agreement has the authority and power to do so.
If the Customer is under 18 years of age, the written consent of the guardian is required.
It is the Customer’s responsibility that the order and payment are carried out correctly, with correct information and on the correct customer account.
The services ordered by the Customer are only activated once payment has been registered with Oderland.
Orders where payment has not been received by Oderland within 60 days of the order date will be automatically deleted.
Any promotional prices do not affect existing contracts, unless otherwise stated.
VAT is added at the current rate on Oderland’s prices unless otherwise stated. For some services, a start-up fee will be added according to the information on the respective service.
Oderland reserves the right to refuse the Customer to order if Oderland considers that the Customer may misuse the service.
3. Right of withdrawal for consumers
The consumer has the right to withdraw from the contract regarding Oderland’s services according to the Act (2005:59) on Distance Contracts and Contracts Away from Business Premises by notifying Oderland by e-mail within 60 days from the day the order for a service is placed.
For some services, the right of withdrawal is exempted. These are:
- Domain names
- All services invoiced retrospectively (e.g. do-it-yourself server and consultancy assignments)
- Starting fees
- Administrative fees (e.g. postal invoice fees)
- Installation assistance
4. Contract period
Different services have different possible choices of contract periods. All posts are for an indefinite period, unless otherwise agreed. The length of the contract period depends on the service and the Customer’s choice.
The service is automatically renewed for a new contract period if it is not terminated by the last day of the contract period.
5. Payments
Payment for services is mainly made in advance for the entire contract period unless otherwise stated. Payment terms are 30 days net for annual payment and 21 days net for monthly payment unless otherwise specified.
The customer is responsible for ensuring that the correct reference (e.g. OCR number) is given at the time of payment so that Oderland can match the payment with the correct invoice.
A billing fee is charged for postal invoices.
In the event of late or non-payment for services invoiced in arrears, Oderland has the right to charge interest on arrears in accordance with the Interest Act as well as a statutory reminder fee and, where applicable, a collection fee.
Payments
The customer is also obliged to pay for suspended accounts, including during the time that the account is suspended.
The customer is obliged to pay for the ordered service until it is terminated. This applies even if it is not used.
If the Customer pays incorrectly, such as overpayments or cancelled invoices, these will be recorded as credits on the Customer’s account.
Credits
Credit balances can be used for the payment of future invoices. It is up to the Customer to actively choose to use the credit balance upon payment.
Credits older than 13 months from the date the credit was recorded automatically expire.
Repayment of credit balances that are not due is made at the request of the Customer. Refunds are not made for credit balances from paid-in credits.
Refunds shall be made without undue delay and via the same payment method used by the Customer, unless Oderland and the Customer have agreed otherwise in writing.
6. Customer and contact details
To get in touch with Oderland, the Customer can choose from the different contact channels listed on the Oderland website for different types of issues.
The customer is responsible for ensuring that the contact and customer information is current and correct in its entirety. Changes are made via Oderland’s customer service department.
7. Amendment, termination and suspension
Only the registered contact person and the authorised signatory have the right on the part of the Customer to make amendments and request termination of the Agreement or services covered by the Agreement.
Termination
Termination of a service is done through Oderland’s customer service department. A confirmation of the cancellation will be sent to the registered e-mail address of the account.
If the Customer terminates the service during an ongoing contract period, there will be no refund for the remaining time.
If the Customer breaches the Agreement, Oderland will notify the Customer. The Customer will then have 5 days to remedy any breach of contract. If the Customer fails to do so, Oderland has the right to terminate the service with immediate effect.
If the Customer shows signs of insolvency, the Customer must notify Oderland and take action within 30 days. Otherwise Oderland has the right to terminate the contract immediately.
If the contact or customer information provided by the Customer is not correct, or no longer represents a natural or legal person, Oderland has the right to terminate the contract immediately.
Unless otherwise agreed, Oderland has the right to terminate a service if an invoice for the service is still unpaid 30 days after its due date.
Changes
Oderland reserves the right to change the content of the services and the product range at any time. In the event of a substantial change in the content of the service, as well as price changes, Oderland will announce this on its website at least 30 days before the change comes into effect. In the event of a price reduction, Oderland does not need to announce this in advance.
If the price increase concerns domain names, Oderland needs to announce this on its website, but only when the price increase comes into force.
If the Customer does not agree to the change, the Customer has the right to terminate the Service no later than 30 days after the change comes into effect.
If the Customer wishes to change the contract period, outstanding invoices for the service must be paid in full.
Amendments to the Agreement shall take effect at the earliest 1 month after they are notified. This does not apply to new agreements concluded after the amendment is notified.
Suspension
If payment is not received by Oderland in time, Oderland has the right to suspend the delivery of the service(s) until Oderland has received full payment. This can be done, for example, by suspending the service.
Hosting services with non-payment are automatically suspended 12 days after the due date.
Oderland also has the right to suspend the service as a result of a police report, investigation, dispute or the like concerning the service if Oderland deems this necessary to prevent possible crime or if Oderland is required by the judiciary or authorities to do the same.
Oderland also has the right to suspend the service as a result of the Customer’s failure to use the service in accordance with the permitted use described in this or other agreements.
If the service is suspended, Oderland must inform you of this, for example via a block page or e-mail.
Deletion of data
Upon termination of the agreement, Oderland will remove the Customer’s services including the Customer’s data. Data that has been deleted cannot be restored.
8. Domain names
Oderland administers the registration of domain names with the TLD registry.
In cases where Oderland cannot register domain names directly under the registry, Oderland uses a third party. In these cases, Oderland reserves the right to share the Customer’s contact information with the third party in order to complete the registration.
For each TLD, the conditions set by the respective registry apply. By ordering a domain name, the Customer accepts these terms and conditions and undertakes to comply with them. Violation of these terms and conditions shall be considered a breach of this Agreement.
Oderland reserves the right to be registered as a technical, administrative and/or billing contact if required by the TLD registry or by third parties used for registration.
The customer undertakes to ensure that their contact details for the domain name are always correct.
If the Customer registers a domain name on behalf of a third party, the Customer shall ensure the third party’s ownership of the domain name by naming the third party as the owner, unless otherwise agreed in writing between the parties.
Oderland does not guarantee that a domain name is available until the Customer has received a registration confirmation. In the event that registration fails, Oderland offers the Customer to choose another available domain name of the same value or to receive a credit.
Restoration of domain names quarantined due to non-renewal may incur an additional fee. The amount of the fee depends on the TLD, registry and registrar.
Domain names that are not paid for will not be renewed by Oderland. It is the Customer’s responsibility that payment is received by Oderland by the due date.
Refunds of fees for registered domain names are not made.
9. Transfer
The contract may be transferred in whole or in part to another legal or natural person subject to these conditions.
For a transfer to be possible, all debts of the withdrawing party to Oderland must be settled.
The transfer must be made using the electronic system provided by Oderland or, in exceptional cases, using a special form provided by Oderland.
For certain services and domains, approval can only be given by the registered signatories of the parties.
The transfer must be approved by both the withdrawing and the receiving party. Each Party certifies that approval is given by a person with the appropriate authority and powers, such as an authorised signatory.
An administrative fee is charged to the acquiring party for the administrative work involved in the transfer.
Some services, including domains, may have special terms and conditions for transfers including additional fees. These are subject to the price list and conditions in force at the time.
10. Availability, maintenance and data
Oderland strives to be flawless. As part of delivering the ongoing contracted operation, both updates and system works need to be carried out.
In case of disruptions, planned updates, etc., this will be announced at least on the Oderland website.
Maintenance is carried out as far as possible after office hours, but this cannot be guaranteed.
For hosting services, Oderland guarantees an availability of 99.6%, calculated on a calendar year basis. Higher availability and guarantee may be available through certain services or options.
Software
Oderland has the right to make upgrades and/or updates to the software at any time during the current contract period.
Oderland also has the right to remove software that does not work satisfactorily in Oderland’s opinion. If software is removed that affects the Customer, Oderland will notify the Customer of this, for example via Oderland’s website.
Data
Oderland has the right to check data related to the Customer’s service in connection with troubleshooting or abuse cases.
Oderland reserves the right to use automated methods to scan data on the Customer’s services, for example to identify malicious files and known security holes. This right includes but is not limited to automatic patching or blocking of malicious files.
11. Permitted use and scope of support
Permitted material and use
Oderland’s services shall only be used for purposes that are compatible with Swedish laws and regulations.
The transmission, storage, distribution or linking of any information, data or material that is unlawful by law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trade secrets or other material used without the permission of the owner; material containing incitement to hatred; unauthorised use of another’s trademark; material in breach of the Data Protection Act (2018:218 – Act supplementing the EU Data Protection Regulation).
Oderland also does not accept material that may be perceived as unethical, offensive or violent.
If Oderland determines that the Customer’s use of its service does not comply with the above, Oderland reserves the right to take action: firstly, by asking the Customer to remedy the deficiencies; secondly, by suspending the service; and thirdly, by terminating the service.
Use of resources (Fair Use)
All use of Oderland’s services is subject to fair use. Oderland reserves the right to restrict the Customer’s access to the service if the Customer’s use of the service adversely affects other customers or third parties.
Different services may have different limits on allowed resources. If the Customer repeatedly exceeds the allowed limits, Oderland reserves the right to restrict the Customer’s access to the service.
If the Customer’s use of Oderland’s services results in abuse notifications, Oderland reserves the right to restrict the Customer’s access to the service.
Any attempt to undermine and/or cause damage to Oderland’s servers and/or customers is strictly prohibited. For example, attempts to hack into, spy on or disrupt systems and/or networks may result in liability for damages.
If the Customer does not act to reduce resource utilization or adjust the use of the service in accordance with the Agreement, Oderland reserves the right to take measures such as restricting access to the service.
Restricting access to the Customer’s service means, in the first instance, reducing the use of resources to acceptable levels; in the second instance, blocking the service; and in the third instance, terminating the service altogether.
Reselling
Under no circumstances is it allowed to resell services in a shared environment that the Customer has with Oderland. Resale of services or part of services is only allowed where it is specifically indicated by the service specification.
This also applies to the unlimited number of domains the Customer is entitled to link to the account. Only domain names owned by the Customer may use the services linked to the account.
In case of obvious misuse, Oderland has the right to suspend the Customer’s service, and if no action is taken to terminate it.
When using services where resale is permitted, the Customer undertakes to act in a professional manner towards its End Customers. End Customer shall mean a party whom the Customer allows to use its service, whether for payment or not.
The Customer undertakes that the End Customer will comply with the same requirements as those imposed on the Customer in this Agreement. Oderland has no liability for or towards the End Customer.
If the Customer does not act professionally, or if the End Customer cannot be reached despite repeated attempts, Oderland has the right, at the request of the End Customer, to assist in moving the End Customer’s data from the Customer’s service to a new service that the End Customer has opened with Oderland.
Scope of support
The customer who resells the service or part of the service is responsible for providing support to its customers.
Oderland is only able to provide support for the services that Oderland provides. In cases where the Customer uses third party software for e.g. a website, Oderland does not provide support for this software.
In case of contact with the support that is far beyond the normal, Oderland reserves the right to limit the support contact alternatively or offer extended support against quotation.
Oderland may offer services with lower levels of support or no support at all. This is indicated in the service specification. The customer is then responsible for the management of the service.
Support is not included in Oderland’s free DNS service FreeDNS. The customer is responsible for the management of the DNS service.
12. Personal data processing
Oderland processes personal data in accordance with the Act (2018:218) with supplementary provisions to the EU Data Protection Regulation. This includes what is colloquially referred to as GDPR.
Oderland’s privacy policy governs how Oderland processes the Customer’s personal data.
Oderland’s Personal Data Processing Agreement (DPA/PUBA) governs how Oderland handles the personal data that the Customer may store through our services.
Both the Privacy Policy and the Data Processor Agreement shall be deemed to be annexes to the Agreement in the order in which they appear in the Agreement.
13. Compensation and damages
Oderland is only liable for damages caused by negligence of Oderland. The customer who suffers damage can claim compensation for this.
Claims must be received by Oderland within 7 working days of the discovery of the damage to be valid.
The amount of compensation is based on the type of service and the extent of the damage. In the case of breakdowns, compensation is calculated on the basis of the service and the period of non-use.
The reimbursement can never exceed the current month’s fee.
Claims for reimbursement while a service is suspended will not be accepted.
Damages or compensation cannot be claimed for indirect damage, such as loss of profit, loss of savings, loss of goodwill and/or loss/misrepresentation of data.
Oderland is never responsible for damages that may occur because an ordered domain name is occupied, or becomes occupied before the order is ready at the registry.
Compensation or damages will not be paid when a third party is responsible for the fault, or for planned service interruptions notified via the Oderland website.
14. Force majeure
Oderland shall be exempt from damages and other sanctions if Oderland’s obligations are prevented or substantially impeded by a circumstance over which Oderland has no control or which it could not have foreseen, such as industrial dispute, lightning strike, fire, atmospheric disturbance, decree by law, governmental action, act of war, pandemic, strike or similar circumstance. Oderland also has no ability to assume liability for unauthorized intrusions by third parties into Oderland’s resources.
15. Dispute
Disputes concerning the interpretation or application of this Agreement and related legal issues shall be settled by a Swedish court, in the first instance Gothenburg District Court, applying Swedish law, or by such other procedure as the parties may agree.
16. Other
Oderland cannot take responsibility for material sent in the form of CDs, personal documents, etc. Nor can Oderland return any material that is outside the obligations of Oderland under the laws and regulations.
Oderland cannot take responsibility for material sent in the form of CDs, personal documents, etc. Nor can Oderland return any material that is outside the obligations of Oderland under the laws and regulations.
Oderland reserves the right to use the Customer’s websites including the logo as references. If the Customer does not wish to be included as a reference, the Customer must notify Oderland in writing.