Terms and Conditions of Purchase and Delivery

These terms apply to all services and products provided by ARC Gruppen AB (hereinafter "ARC Gruppen"), reg. no. 559268-4723, based in Linköping, Sweden. By ordering a service or entering into an agreement with ARC Gruppen, the customer accepts these terms in full.

1. Formation of agreement

An agreement between ARC Gruppen and the customer is considered entered into when ARC Gruppen has sent a written order confirmation, or when a separate agreement has been signed by both parties. Oral agreements are not binding unless confirmed in writing.

A quote from ARC Gruppen is valid for 15 days unless otherwise stated. ARC Gruppen reserves the right to adjust prices and terms if the conditions of the assignment change materially after the quote has been issued.

2. Services and delivery

ARC Gruppen provides IT services, web development, system integration, hosting, maintenance and related consulting services. Scope, timelines and project plans are agreed separately per assignment and documented in the order confirmation or agreement.

Delivery times are estimates based on the information provided by the customer at the time of agreement. If the customer delays their part of the work (for example by not providing texts, images, login credentials or other materials on time), the delivery time is extended accordingly. ARC Gruppen is not responsible for delays caused by the customer's actions or omissions.

3. Customer obligations

The customer is responsible for providing all material required for the assignment in a timely manner, such as texts, images, logos, product data, login credentials and other information. Materials shall be delivered in the formats and within the timeframes agreed between the parties.

The customer is solely responsible for ensuring that the materials provided do not infringe upon any third party's copyright, trademarks or other intellectual property rights. If any third party makes a claim against ARC Gruppen due to materials provided by the customer, the customer shall indemnify and hold ARC Gruppen harmless.

The customer is responsible for the accuracy and legality of all content on their own website, including product descriptions, prices, terms, privacy policies and other information. ARC Gruppen does not review and does not accept responsibility for the customer's content.

4. Prices and payment

All prices are stated in Swedish kronor (SEK) excluding VAT unless otherwise specified. Payment is due within 20 days of invoice unless otherwise agreed.

Late payment incurs interest in accordance with the Swedish Interest Act (reference rate + 8 percentage points) as well as a statutory reminder fee. In the event of non-payment, ARC Gruppen reserves the right to suspend ongoing work until payment has been received.

For fixed-price projects, 50% is typically invoiced at project start and the remaining 50% upon delivery unless otherwise agreed. Time-based assignments are invoiced monthly in arrears.

5. Additional work

Changes, additions and new requests outside the agreed scope are considered additional work. Such work is invoiced separately on a time and materials basis at ARC Gruppen's applicable hourly rate, unless otherwise agreed in writing.

ARC Gruppen does not commence additional work without the customer's approval, verbal or written. If the customer requests work that substantially deviates from the original specification, ARC Gruppen may choose to treat it as a new assignment with a separate quote.

6. Acceptance and complaints

The customer is given the opportunity to review and approve delivered work. If the customer does not raise objections within 14 days of delivery, the work is deemed accepted. Complaints regarding defects or deficiencies must be made in writing and without undue delay.

ARC Gruppen rectifies defects that fall within the original scope of the project at no extra cost, provided the complaint is made within a reasonable time.

7. Intellectual property

The customer receives a non-exclusive, non-transferable right to use the delivered solution after full payment has been received. Copyright and other intellectual property rights to generic components, frameworks, code libraries, templates and tools developed or used by ARC Gruppen in its operations belong to ARC Gruppen.

Customer-specific content (texts, images, product data) provided by the customer belongs to the customer. Custom code developed exclusively for the customer's assignment is transferred to the customer after full payment, unless otherwise agreed.

ARC Gruppen retains the right to use general knowledge, methods and techniques acquired during the assignment in future projects.

8. Hosting, maintenance and backups

ARC Gruppen offers hosting and maintenance services (hosting, SaaS, support agreements) as separate add-on services. Such services continue until terminated by either party with at least 30 days' written notice before the next billing period.

ARC Gruppen provides no guarantee of uninterrupted service, backups or data preservation unless a separate hosting agreement or SLA has been entered into. Without such an agreement, the customer is solely responsible for their own data, backups and availability.

Where a hosting agreement exists, ARC Gruppen strives for high availability in accordance with agreed service levels. Planned maintenance windows are communicated in advance when practically possible.

Upon termination, the customer has the right to export their data within 30 days after the agreement ends. After that, ARC Gruppen reserves the right to delete the customer's data without further notice.

9. Limitation of liability

ARC Gruppen performs all assignments professionally and with care. However, we are not liable for indirect damages, consequential damages, lost profits, lost data, lost business opportunities or other financial losses arising in connection with our services.

ARC Gruppen's total liability for any single assignment is limited under all circumstances to the amount the customer has actually paid for the assignment in question during the past twelve months.

ARC Gruppen is not liable for defects, damages or losses caused by the customer's own materials, the customer's instructions, third-party software, or circumstances beyond ARC Gruppen's control. ARC Gruppen is also not responsible for the customer's compliance with laws and regulations regarding the customer's own business, website or systems.

10. Confidentiality

Both parties undertake to treat the other party's confidential information with confidentiality and not disclose it to third parties without written consent. This confidentiality obligation applies during the term of the agreement and for three years thereafter.

Information that is publicly known, already known to the party, received from a third party without confidentiality restrictions, or that must be disclosed under law or regulatory requirements is not considered confidential.

11. Force majeure

ARC Gruppen is not liable for delays or non-delivery caused by circumstances beyond our reasonable control. This includes, but is not limited to, natural disasters, war, government decisions, strikes, lockouts, pandemics, fire, flooding, power outages, telecommunications disruptions, cyber attacks or suppliers' failure to perform.

12. Changes to terms

ARC Gruppen reserves the right to amend these terms. Material changes will be communicated to the customer in writing at least 30 days in advance. By continuing to use ARC Gruppen's services after the changes take effect, the customer accepts the new terms.

13. Governing law and disputes

These terms are governed by Swedish law. Disputes that cannot be resolved through negotiation shall be settled by a Swedish general court, with Linköping District Court as the court of first instance.

Contact

ARC Gruppen AB
Söderleden 22, 587 31 Linköping, Sweden
Reg. no: 559268-4723
Phone: +46 13-328 9400
Email: info@arcgruppen.se