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Customer Agreement– NIBE Uplink
Agreement – the agreement between NIBE and the Customer regarding NIBE Uplink.
Connected System – the Customers heat pump or other system that the Parties have agreed that the Customer shall be able to monitor, control and regulate.
The Customer – contracting party to NIBE in the Agreement.
Force Majeure – circumstances outside NIBE´s control causing discharge for NIBE in accordance with article 9.
Login Information – user name and password to the Customer´s User Profile for NIBE Uplink.
NIBE – NIBE AB, Org. No. 556056-4485, Box 14, 285 21 Markaryd.
NIBE Uplink – a basic service and thereto premium services for which the Customer has signed up for and that enable the Customer to monitor, control and regulate the Connected System that is connected to NIBE Uplink. For more information about NIBE Uplink see the User Manual.
NIBE Uplink Subscription – the Customer´s access to NIBE Uplink online e.g. through the NIBE Uplink Website or through other technical means which the Customer can access the User Profile.
NIBE Uplink Website – www.nibeuplink.com
Parties – NIBE and the Customer.
Personal Data – personal data that can be attributed to a natural person including but not limited to; full name, address and e-mail address.
User Manual – instructions regarding the Customer´s use of NIBE Uplink supplied with the Connected System and available on the NIBE Uplink Website.
User Profile – the Customer´s personal registered account for NIBE Uplink.
1.1 The Agreement shall apply when NIBE provides NIBE Uplink to the Customer.
1.2 NIBE Uplink is offered to the Customer provided that the Customer accepts all the conditions of the Agreement. By clicking ”agree” the Customer guarantees; that the Customer is authorized to enter into agreement, that the information provided by the Customer during the registration process is accurate and complete and that the Customer thereby accepts all terms of the Agreement. The Agreement enters into force when the Customer accepts the Agreement. If the Customer does not accept all the terms of the Agreement the Customer must cancel the registration. Thereby the Customer has no right to use NIBE Uplink.
1.3 When entering into the Agreement, the Customer shall register a User Profile through NIBE Uplink Subscription. The Customer shall in the register form state complete and accurate information about the Customer including; full name, address and e-mail address. The Customer shall ensure that any change in this information is updated on the User Profile.
1.4 The Customer shall state Login Information when registering for NIBE Uplink. When the Agreement is entered into by the Customer an e-mail, including an attached link for activating the Customer´s Using Profile at NIBE Uplink Subscription, will be sent to the Customer. The Login Information is personal and may not be disclosed to a third party. The Customer is responsible for other´s misuse of the Login Information. The Customer is obliged to immediately change the Login Information via the User Profile if the Customer suspects that unauthorized persons have gained access to the Login Information. Should this not be possible, the Customer must contact NIBE so that necessary actions can be taken to avoid abuse.
2. The provision of NIBE Uplink
2.1 NIBE shall provide NIBE Uplik in accordance with the Agreement. NIBE is entitled to engage subcontractors for the performance of its obligations pursuant to the Agreement. NIBE is responsible for work performed by any subcontractor as though the work had been performed by NIBE.
2.2 The Customer or the installation engineer of the Customer shall make sure that the Connected System is compatible with NIBE Uplink.
2.3 NIBE is not responsible for the Customer´s choice of Internet connection or Internet service provider. All costs attributed to the Customer´s choice of Internet connection as well as costs of Internet traffic between the Customer and NIBE Uplink Subscription shall be borne by the Customer.
2.4 NIBE Uplink Subscription includes customary updates and maintenance. Should NIBE offer new services and functions, the Customer will be offered them. The current subscription fee does not include such new services and functions.
3. The Customer´s use of NIBE Uplink
3.1 The Customer gets access to the User Profile through NIBE Uplink Subscription, from which the Customer can monitor, control and regulate the Connected System.
3.2 The Customer may only use NIBE Uplink for personal use and for purposes under the Agreement. The Customer is solely responsible for;
* that all use of NIBE Uplink is in accordance with the User Manual,
* all activities on the Customer´s User Profile,
* that the Customer´s use of NIBE Uplink does not give rise to damage or inconvenience for NIBE or any third party,
* any damage to NIBE or any third party caused by the Customer or other for whom the Customer is responsible for, when using NIBE Uplink,
* that unauthorized persons do not get access to the Login Information,
* any damage or loss that may occur when unauthorized persons use NIBE Uplink, in the event the Customer willfully has permitted unauthorized persons to use NIBE Uplink or the Customer otherwise has been negligent in the handling of the Login Information so that unauthorized persons gained access to NIBE Uplink.
4 Price and Invoice
4.1 The applicable price and payment terms for NIBE Uplink are specified on the NIBE Uplink Website.
5. Support and Service
5.1 The Customer shall upon failure of any service relating to NIBE Uplink visit the NIBE Uplink Website for information on troubleshooting and possible malfunctions.
5.2 NIBE does not provide support for defects or problems with the Customer´s Internet connection or computer and/or network equipment.
6. Personal Data and other information about the Connected System
6.1 NIBE is the controller for the process of Personal Data, information on entering into agreement and subscription on services, information about status and performance of the Connected System, even after the termination of the Agreement, and the Customer´s use of NIBE Uplink. NIBE may further process information that is stored in or conveyed through NIBE Uplink.
6.2 NIBE process above mentioned data and information in order to fulfill its obligations under the Agreement. The purpose of the processing is further to simplify troubleshooting of the function and performance of the Connected System in order for NIBE to oversee and develop its products and services. The processing includes inter alia administration, customer service, invoicing, quality improvement, analysis and development, gathering statistics, information and advertisement and fulfillment of obligation pursuant to law and decision by official authorities.
6.3 NIBE may disclose Personal Data to affiliates, co-operating partners or official authorities including such affiliates, co-operating partners and official authorities outside the EU.
6.4 By entering the Agreement the Customer agrees and consents to the processing of Personal Data as set out above.
6.5 The Customer is entitled to annually, free of charge, request information about the processed Personal Data. The Customer may at any time; revoke consent (however not retroactively), request correction of inaccurate information or give notice to NIBE that the Customer does not wish to receive direct advertising from NIBE. The Customer acknowledges that the Agreement cannot be fulfilled if consent is revoked and that NIBE, in such cases, is entitled to terminate the Agreement.
6.6 NIBE reserves the right to inform the Customer of new products and services by e-mail and/or sms/mms. To the extent marketing is made by e-mail or sms/mms, the advertisement message will always contain a valid address to where the Customer can give notice to NIBE that the Customer wants the advertisement to stop.
7. Defects in NIBE Uplink
7.1 Defects in NIBE Uplink means that the Customer cannot use NIBE Uplink in accordance with the Agreement. NIBE shall remedy such defects within reasonable time.
7.2 Where the Customer has notified a defect which is caused by the Customer or circumstances for that the Customer is responsible for, NIBE shall be entitled to compensation from the Customer.
Compensation may be demanded for work performed by NIBE and other expenses. Examples of such are defects caused by;
* the Customers improper or negligent use of NIBE Uplink or
* the Customers failure to follow the instructions regarding the use of NIBE Uplink under the User Manual.
7.3 NIBE reserves the right to limit the availability of NIBE Uplink to the extent necessary for maintenance and updates.
8. Limitation of Liability and Damages
8.1 NIBE is relieved from any and all liabilities for breach of contract by reason of any circumstances beyond NIBE´s immediate control, e.g. defects in the Connected System that does not rest upon NIBE, defects that rest upon the Customer or circumstances arising from the Customer or defects due to improper use of NIBE Uplink in violation of the User Manual.
8.2 NIBE is not responsible for the accuracy of the information transmitted through NIBE Uplink. The Customer acknowledges that computer and electronic communication is not flawless and that temporary interruptions or malfunctions may occur.
8.3 NIBE shall not be held liable for damage incurred by the Customer due to the content of data or other information transmitted through NIBE Uplink. NIBE is further not responsible for damage caused by computer viruses or equivalent, delay, corruption or loss of data or intrusion in NIBE Uplink whereby third parties get access to, destroy or corrupt data or other information.
8.4 Unless otherwise regulated in the Agreement, the Customer is entitled to compensation for direct damage due to negligence by NIBE, or anyone whom NIBE is responsible for, upon providing NIBE Uplink. However, the compensation is limited to the amount equal to the Customer´s payment for NIBE Uplink during the term of the Agreement. NIBE is not responsible for indirect damage or consequential losses in business of the Customer or any third party.
8.5 The forgoing limitation of liability shall not apply in cases of intent or gross negligence.
9. Force Majeure
9.1 NIBE is relieved from any and all liabilities by reason of any circumstances beyond NIBE´s immediate control, which impedes, delays or aggravates any obligation to be fulfilled by NIBE under this Agreement. The same applies if the failure is due to late deliveries from NIBE´s subcontractors caused by Force Majeure.
9.2 Force Majeure means inter alia acts of authorities, changes in law or legislation, strike, blockade, war, riot, sabotage, power failures, extreme weather, lightning, fire, explosion, flood, natural disaster or accident.
10.1 Claims against NIBE under the Agreement shall be transmitted to NIBE without undue delay after the damage or defect has been detected or should have been detected. If the Customer fails to provide notice in the manner and within the time stated herein, the Customer shall lose the right to invoke any claim, based on the damage or defect, against NIBE.
11.1 The Agreement shall be effective on the date of execution in accordance with article 1.2 and continue through the next successive twelve (12) months.
11.2 If the Agreement is not terminated within three (3) months prior to the expiry of the Agreement, the term of the Agreement shall be automatically extended for twelve (12) months at a time with three (3) months notice of termination.
12.1 If the Customer fails to comply with the conditions set out in the Agreement, NIBE may, with immediate effect and until further notice, disable the Customer´s access to NIBE Uplink. If NIBE, in accordance with this provision, disables the Customer´s access to NIBE Uplink, NIBE must, as soon as the infringement ceases, reactivate the Customer´s access to NIBE Uplink.
13. Termination and Transfer of Connected System
13.1 If the Customer essentially fails to comply with the conditions set out in the Agreement, NIBE may terminate the Agreement with immediate effect.
13.2 If the Customer wishes to terminate the Agreement prematurely, the Customer shall deregister the User Profile via NIBE Uplink Subscription.
13.3 The Customer shall, upon transfer of the Connected System, terminate the Agreement and deregister the User Profile for NIBE Uplink.
13.4 The Customer hereby agrees that NIBE, even after the termination of the Agreement, continuing taking part of information about the status and performance of the Connected System. The Customer may at any time discontinue the transmission of information to NIBE by disconnecting the network cable from the Connected System.
14. Right of withdrawal
14.1 If the Customer is a consumer in accordance with the Swedish Distance Contracts and Doorstep Sales Act [SWE: Distans- och hemförsäljningslagen (2005:59)] the Customer is entitled to an off period of fourteen (14) days, from the day the Customer accepted the Agreement, during which the Customer by notice to NIBE can withdraw from the Agreement.
15. Intellectual Property
15.1 The Agreement does not in any way imply that intellectual property is assigned to the Customer. The Customer may not, except as authorized in writing by NIBE, use, copy, alter or in other way use software or other material belonging to NIBE Uplink, nor transfer or assign rights to such software or material to a third party.
16. Notices from NIBE
16.1 Any notice and other communication to be given by NIBE under this Agreement shall be deemed to be valid and effective if personally served on the Customer or sent by registered prepaid airmail or by e-mail or telefax to the Customer´s registered address.
A notice shall be deemed to have been given to the Customer:
a. in the case of personal service: at the time of service;
b. in the case of prepaid registered mail: at the latest two days after the date of mailing;
c. in the case of e-mail: on the date a receipt-acknowledged e-mail is sent; and
d. in the case of telefax: on the date the telefax is sent, provided receipt is confirmed by the other party.
17. Assignment of the Agreement
17.1 NIBE may wholly or partly assign the rights and obligations under this Agreement to another company which, by itself or through subcontractors, is expected to fulfill NIBE´s obligations towards the Customer. NIBE shall notify the Customer of such assignment at least thirty (30) days in advance.
17.2 The Customer may not wholly or partly assign the rights and obligations under this Agreement to a third party.
18. Invalidity or contradiction to mandatory law
18.1 If any provision of the Agreement or part thereof is held invalid or contrary to mandatory law, the provision shall be reasonably adjusted, however, this shall not affect the remaining provisions of the Agreement.
19. Entire Agreement
19.1 The Agreement constitutes the entire agreement between the Parties on all matters to which the Agreement relates. Any particular matter that has not been expressly covered in the Agreement shall be resolved in accordance with the principles on which the Agreement is founded.
19.2 The contents of the Agreement shall supersede all previous written commitments and undertakings between NIBE and the Customer regarding the User Profile and software for the Connected System.
19.3 In the event of any discrepancies or inconsistency between the Swedish version of the Agreement and any translation hereof, the Swedish version shall prevail.
20.1 Any dispute arising out of or in connection with the Agreement shall be finally settled in accordance with Swedish law by a competent Swedish court.