Special terms and conditions for cash register software

 

1. General

1.1.  These special terms and conditions apply when Onslip provides the Customer with the service “Cash Register Software” (“Special Terms and Conditions for Cash Register Software”). Mobile Cash Register is provided through an app (available on Apple App Store, Google Play, and other platform’s marketplaces that are currently supported), and through Onslip’s centrally administered computer programmes and storage services (the app and such central computer programmes and services are jointly referred to as “The Service”). These Special Terms and Conditions for Cash Register Software form an addition to, and must be read with, the Agreement and the General Terms and Conditions, and they form an integrated part of the Agreemeent between Onslip and the Customer regarding the Customer’s use of the Service.

1.2. Words and expressions within the Special Terms and Conditions for Cash Register Software that begin with an uppercase letter (despite not following any language rules) shall have the meaning that is given in these Special Terms and Conditions for Cash Register Software, in the Agreement, or in the General Terms and Conditions.

2. The Service

2.1. The Service is available as a base version (“Base Version”) with certain foundational functionalities (complete information can be found at www.onslip.com), and can be combined with various additional functions (“Premium Version”) upon the Customer’s payment of agreed upon charges; the Premium Version’s content and special terms and conditions are also displayed on Onslip’s website, and are also referred to below as (“Supplementary Services”), and also with certain other supplementary products (“Products”). Information about the Supplementary Services and Products that are currently on offer from Onslip are specified on the Website.

2.2. The Service allows the Customer to register and document the Customer’s sales to end-customers to and for their business. The Service also allows the Customer to administrate Users in the Service, as well as to conduct the various measures that from time to time are specified by the documentation regarding the Service in these different versions. The first User that the Customer registers will constitute the role of administrator of the Customer’s Service. However, the right to be an administrator can change within the framework of the Service, and instead refer to another User with the Customer.

2.3.  Unless otherwise specified in these Special Terms and Conditions for Cash Register Software, the Service and Base Version are referred to as the Premium Version. In those cases in which the Users wish to gain access to the Service or certain Supplementary Services and Products, it may be required that the User accepts certain special terms and conditions in addition to what has been described in these Special Terms and Conditions for Cash Register Software, and that Onslip’s Customer pays the charges for the Service and/or certain Supplementary Services and Products.

2.4. In certain configurations of the Premium Version, the Service meets the requirements that the Swedish Tax Agency places on cash registers. In its Base Version, the Service does not currently meet the Swedish Tax Agency’s requirements for cash registers. Onslip assumes no responsibility for other legal requirements that the Customer is responsible to meet within the framework of their company; all such commitments and obligations must be borne by the Customer.

2.5.  All transactions that are conducted in, or using, the Service are undertaken exclusively by the Customer and their User, which thus means that Onslip can never be perceived as being party to any of the transactions or other measures that the Customer undertakes in relation to their end-customers and other players.

2.6. Registering the Customer in the Service guarantees the Customer, as well as the User who undertakes the registration, the authorisation that is required to sign the Agreement for the Service on behalf of the Customer. Should it emerge that such authorisation is lacking, in whole or in part, Onslip shall terminate the Agreement with immediate effect.

2.7.  The Service will be available to the Customer as soon as the Agreement enters into force, and is available as long as the Agreement is valid, provided that the Service has not been blocked or been made unavailable to the Customer in a manner set forth by the Agreement’s provisions. To the extent that Supplementary Services are ordered by the Customer after Agreement has been entered into force, such Supplementary Services will become available within five (5) workdays after the order has been placed or, as the case may be, at the time that Onslip specifically confirms the order to the Customer.

2.8. The Agreement enters into force as soon as the Customer is registered in accordance with the provisions of point 2.7, and is valid until further notice, provided that a Party has not terminated the Agreement in accordance with the specifications of the Agreement, or that the Agreement ceases to apply in accordance with the Agreement’s provisions.

2.9.  For the Base Version, however, certain limitations apply to transactions, data quantities, etc. as specified by Onslip on the Website. Upon violation of such limitation, full functionality in the Service is terminated. If the Service’s functionality is limited due to conditions relating to point 2.9, the Customer can, however, upgrade the Service to the Premium Version.

3.  Users

3.1. Should you wish to become a Customer you must, through an authorised representative, provide the required information, and register this information with Onslip in the manner set forth for registration with the Service. By providing the requested information to Onslip, the Customer accepts the Agreement, and the person who represents the Customer guarantees that they have the authority and capacity to bind the Customer to the Agreement.

3.2.  Onslip reserves the right to contact Users with the purpose of verifying that the Customer’s information is correct before the registration is completed. Moreover, Onslip reserves the right to refuse a certain Customer the right to register according to their own non-discriminatory criteria.

3.3.  The Customer provides a unique password for the registration. This password is required for access to the Service. The Customer undertakes to keep the password strictly confidential and not allow any third party to use the password. The Customer is responsible for any unauthorised use of the Service, which relates to the password or another part of the Service not being managed in accordance with the Agreement’s provisions. At any time, the Customer can request that Onslip blocks the Service, or that the Customer shall receive a new password for the Service.

3.4. The Customer understands that the Service may only be used for legal purposes, and the Customer undertakes to keep Onslip indemnified from all third party claims that are directed towards Onslip due to the Customer’s use of the Service in violation of the Agreement’s provisions.

4. Provision of the Service

4.1.  During an interruption in service with the Internet access provider, or another external party that affects or entails risks that may impact the Service’s availability, function or capacity, Onslip must appropriately inform the Customer as soon as Onslip has knowledge that the interruption will occur. The Customer is aware that the Service may become unavailable from time to time due to planned and/or unplanned downtimes for the purposes of service and maintenance of the Service and/or Onslip’s system.

4.2.  Onslip reserves the right to execute downtime of the Service when this is required according to Onslip’s assessments (e.g. due to technical or security-related reasons). As much as possible, planned downtime should be carried out at times that will cause the least possible disturbance to the Customer. For planned downtime, notification can be given by Onslip through messages in the Service, email, or in another way; however, notification of downtime is not always possible. Onslip must make reasonable efforts to minimise the length of the downtime of the Service and/or Onslip’s system, and any disturbances that this entails to the Customer’s business.

4.3.  Onslip does not have a compensation obligation towards the Customer or another person for deficient availability in the Service, in accordance with point 4 under the assumption that Onslip has exercised normal care and has not acted in a grossly negligent manner. Onslip’s responsibility to the Customer, or other responsibility in connection to the Agreement, and the provision of the Service, is regulated by the General Terms and Conditions.

4.4. Parts of the Service’s functionality (including, but not limited to, certain Supplementary Services) is based on the fact that the Service cooperates with third party suppliers who, either part of or independent of the Service, provide various functions and services (i) that assume that the Customer has a special agreement regarding such functions and services with the relevant third party supplier, or (ii) assumes that Onslip has signed an agreement with the third party supplier regarding the Service of such functions and services. That which is specified in point 4.3 above regarding Onslip’s responsibility also applies for those functions and services that are provided by a third party supplier in the Service.

5. The Customer’s use of the Service

5.1. Subject to Customer’s (i) registration of the information required for the Customer’s access to the Service, (ii) payment of the agreed upon fees to Onslip, (iii) the Customer’s signature and compliance with required agreements and commitments with third party suppliers and (iv) the Customer’s completion of other commitments in accordance with the Agreement, the Customer obtains a non-exclusive right to use the Service in and for the Customer’s own business, unless the Agreement states otherwise.

5.2. The Customer may not copy software that is included in the Service, or allow anyone other than the User to use the Service, and is obligated to follow the instructions and guidelines that Onslip provides for the use of the Service.

5.3. The Customer is responsible for specifying which authorised Users may use the Service, and must immediately de-register the right of such Customer Users who are no longer authorised to access the Service. The Customer is responsible for the User’s use of the Service, as well as for their own usage.

6.  The Customer’s Data

6.1. Customer’s Data refers to the data or other information that the Customer, or someone else on behalf of the Customer, transfers, registers or uploads, or in any other way makes available in the Service, as well as the results of Onslip’s processing of the Customer’s Data in an aggregated form.

6.2. In the relationship between Onslip and the Customer, the Customer reserves all rights to the Customer’s Data. Through the Agreement, the Customer permits Onslip to use the Customer’s Data – partly to achieve Onslip’s commitments to the Customer, and partly for other purposes that have been agreed upon between the parties.

6.3. Regardless of what is stated in point 6.2 above, Onslip shall also have the right to use, process and modify, upload and transfer the Customer’s Data in anonymous and/or aggregated form of statistical purposes, or for marketing purposes, during the Agreement’s period of validity and after the conclusion of the Agreement. To avoid any misunderstandings, Onslip’s right to use the Customer’s Data according to this point, assumes that Onslip ensures that the Customer, their Users and end-customers, and/or individuals or organisations included or covered by the Customer’s Data in the Service, whether directly or indirectly, can be identified.

7.  Deviation from the Service

7.1. When the Agreement ends (for reasons other than the Customer’s violation of the Agreement’s provisions), the Customer has the right, for a period of thirty (30) days after the Agreement’s end, during one (1) occasion to retain a copy of the Customer’s Data in those parts that the Service supports from time to time, and that relates to a period of maximum one (1) year before the conclusion of the Agreement. The Customer’s access to the Customer’s Data is provided by Onslip in a digital manner (in a standard format determined by Onslip) in the Service and/or in the manner and on the website that Onslip especially instructs. After the Customer has downloaded the Customer’s Data, Onslip must erase or make anonymous the Customer’s Data; however, after the conclusion of the Agreement, Onslip has the right to use the Customer’s Data in an anonymous manner for statistical purposes or marketing purposes (also see point 6.3 above).

7.2.  The parties can agree that Onslip should assist the Customer with assistance that the Customer provides themselves, or obtain a service that corresponds to the Service from another company designated by the Customer, in order for such a transfer of the Customer’s Data to occur with as little disruption to the Customer as possible. Such agreement must occur in writing as an additional service, in accordance with Onslip’s current prices and terms and conditions for such an additional service. The same shall apply if the Customer has failed to obtain a copy of the Customer’s Data, in accordance to point 7.1 above. If the Agreement is terminated due to a Customer’s crime, payment must occur in advance.