VIVA Report -Terms and conditions - multiusers

Notice: read this Terms and Conditions carefully before creating an account and/or using the Service (as defined below).

Creating an account at the Site (as defined below) constitutes acceptance of all terms and condi-tions of this agreement without modification, and the Agency has entered into those terms and conditions (the ”Agreement”) with Viva Media AB, company registration No 556973-4675, Stål-gatan 20, SE-754 50 Uppsala, Sweden (“Viva Media”).

This Agreement sets forth the legally binding terms and conditions for the Agency’s use of the Site and the Service at

1 Definitions

1.1 The ”Agency” means the company which creates an account on the Site, and by that will or is using the Service at the Site for its customers’ needs.

1.2 The ”Service” means a statistics service as described in clause 2

1.3 The ”Site” means

1.4 “Viva Media” means the company providing the Site and the Service and which is defined above.

2 Description and use of the Service

2.1 The Service offers a tool for statistics which gives a quick and easy overview of how the total traffic for the Agency’s customers’ sites looks like and what the traffic gives for efficacy.

2.2 The Service is web based and the information and statistics is presented quickly, simply and clearly, whenever and wherever to the Agency. The Service is available 24/7 as described in clause 5.

2.3 The Service is offered “AS IS”.

2.4 In order to be able to use the Service for the media which the Agency and its customers are interested in, the Agency needs to deliver the Agency’s customers’ login information for each media. The Service will then have access to the different media and can deliver the statistics to the Agency in real time and on different devices.

2.5 All data is archived under the Agency’s account as long as the account is active, the Agency has therefore always access to the history data. The Service therefore includes a backup of the data.

3 Support and technical assistance

3.1 Viva Media offers free e-mail support during working hours on weekdays (9:00-17:00).

3.2 If the Agency has a Pro version of the Service, Viva Media also offers support by phone during working hours on weekdays (9:00-17:00).

4 Availability

4.1 The Service is normally available 24/7. Availability is guaranteed during working hours on weekdays, at 09.00 – 17.00. The Service shall have an availability of 98 % per month.

4.2 Scheduled maintenance notified to the Agency’s at least five (5) working days in advance is an acceptable suspension of availability to the Service and shall not be included in the basis for calculation of availability.

5 The Agency’s obligations and responsibilities

5.1 The Agency shall not interfere with or disrupt the Service or networks connected to the Site or through the use of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or through the use of the Service, or other-wise interfere with the Service in any way.

5.2 The Agency agrees that Viva Media may store and display (only to the Agency) the data within the Service. The Agency furthermore agree that Viva Media may use the stored data for its own statistics and analysis provided that the data can not be derived to the Agency, whether the Agency’s Agreement is valid or not and regardless as to time

6 Fees and payment

6.1 The Agency can choose between two different versions of the Service; one more limited version which is free of charge (for up to twenty five (25) accounts) and a more extensive version which has a monthly price per account.

6.2 In consideration of performance of the Service by Viva Media, the Agency shall pay the monthly fees set forth in clause 6.1 .

6.3 Payment for the Service shall be paid monthly in arrears.

6.4 Payment can be made by credit card or after receiving an invoice. If payment shall be made after receiving an invoice, the payment must be made not later than twenty (20) days from the date of arrival of the invoice.

6.5 In the event of late payment, penalty interest shall be paid per annum at an interest rate which by eight (8) percentage units exceeds the reference rate under the Interest Act (1975:635) prevailing at the time.

7 Intellectual Property Rights

7.1 The Site and the Service and their contents, features and functionality are owned by Viva Media and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws in Sweden and worldwide.

7.2 Title to, ownership of, and all rights in patents, copyrights, trademarks, other intellectual property rights together with any and all information, data, software, material and documents of any kind provided and/or disclosed by Viva Media to the Agency is the exclusive property of Viva Media. Nothing in this Agreement, aside from clause 2, shall be construed as granting to the Agency any right with respect to information, data etc. from Viva Media.

8 Warranties

8.1 Viva Media represents and warrants to the Agency that the intellectual property rights of Viva Media are correct and adequate in all material respects.

8.2 Viva Media represents and warrants to the Agency a monthly availability of ninety eight (98) % to the Site and the Service as described in clause 5.

8.3 Viva Media does not warrant that the Service provided under this Agreement will be uninterrupted or error free; or that it will meet the Agency’s requirements, other than as expressly set out in this Agreement.

8.4 Except for the warranties set forth in this clause 7, Viva Media explicitly disclaims all other warranties hereunder, expressed or implied, including but not limited to the warranties of the Service being fit for a particular purpose.

9 Indemnity

9.1 The Agency shall have complete and exclusive responsibility for all its activities concerning the Service and the Site and the Agency undertakes to indemnify and hold harmless Viva Media of any liability, directly or indirectly, resulting from the Use of the Service, including but not limited to claims from third parties.

10 Limitation of liability

10.1 Neither Party is liable for indirect losses, such as lost profits, diminished production, costs of retaining a consultant, costs of equipment and similar costs or losses arising out of the use of or inability to use the Service.

10.2 Viva Media’s obligation to pay damages in the case of breach of contract is, in the absence of intent or gross negligence by Viva Media, limited to [the sum of one year’s fee if the Agency has the Pro version of the Service or to $1000 if the Agency has the Free version].

10.3 Viva Media is never liable for the Agency’s loss of data.

11 Premature Termination

11.1 Either party shall be entitled to terminate the Agreement with immediate effect where the other party materially infringes its obligations pursuant to the Agreement and fails to remedy the infringement within fourteen (14) days after a written demand has been made.

11.2 Either party shall also be entitled to terminate the Agreement with immediate effect where the other party is declared bankrupt, institutes composition proceedings, is subject of corporate restructuring or is otherwise insolvent

11.3 Viva Media may terminate the Agency’s access to the Service and the Site, without cause or notice, which may result in the forfeiture and destruction of all stored data associated with the Agency.

11.4 Even if the Agency terminates the Agreement in accordance with clauses 11 or 12.1, Viva Media reserves the right to gather and store data until the Agency actively closes its account.

11.5 Termination by Viva Media may result in the forfeiture and destruction of all stored data associated with the Agency.

12 Term

12.1 This Agreement shall enter into force when the Agency accepts this Agreement at the Site and shall continue in effect until further notice. It may be terminated by either party on not less than one (1) month notice of termination. Such termination shall be made in writing.

12.2 All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13 Confidentiality

13.1 Each party undertakes, without limitation in time, not to disclose confidential information, which the party receives from the other party or which arises during performance of the Agreement, to a third party.

13.2 “Confidential information” refers in this Agreement to any item of information - technical, commercial or of any other nature - regardless of whether or not such information has been documented, with the exception of:

a) information which is generally known or which becomes a matter of general knowledge in a manner other than through a party’s breach of the provisions of the Agreement;

b) information which a party can prove that it had possessed before it received it from the other party;

c) information which a party received or will receive from a third party when not having a duty of secrecy to such party.

In cases referred to by c), above, the party is not however entitled to reveal to third parties that the same information has been received from the other party pursuant to this Agreement.