Terms of Service
Last modification 23 November 2016
The terms is an integrated part of the contract regarding the services being provided, between Max Grid and You.
Max Grid provides a service that provides full scale marketing platform for companies, state owned and for private persons, collectively, called the service. Which services are provided are clearly stated at the mxg.se homepage. The Max Grid site and the sites connected to Max Grid is provided under “Max Grid Network”, collectively, called the site. And if offered as applications for mobile, tablet and other smart devices and application program interfaces, collectively, called the app. If you are using the Site or App, these Terms of Service are between you and Max Grid. If you are using the Service, these Terms of Service and the contract part are between you and Max Grid. Max Grid are hereinafter referred to as Max Grid, we, us, or our.
1) You - For you as an user of the site, you be hereinafter referred as You or Your. You will will also apply to the specific users; 2) Clients, 3) Sales Force, 4) Coordinators and 5) Freelancers here below.
2) You as a client of buyer of Max Grid services will be hereinafter referred to as Client or Customer.
3) For sales, sales team, sales staff, sales personnel, will be hereinafter referred to as Sales Force.
4) The administrators and coordinators of the services, will be hereinafter referred to as Coordinators.
5) And the personnel and third party providers of services, will be hereinafter referred to as Freelancers.
Terms of Service
By using the Site, App or Service, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, Terms, whether or not you become a registered user of the service, a client. These Terms govern your access to and use of the site, app and service. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the site, app or service. Failure to use the site, app or service in accordance with these Terms may subject you to civil and criminal penalties.
By approving to the Terms, you also agree that we can share content to third party for co-operation with freelancers. We are handling all the agreements with third party co-op freelancers. If we detect that you trying to contact third party co-op freelancers that is under our contract. The agreement upon in these terms will be terminated immediately. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
1. Contract structure
1.1. Upon agreeing to these Terms, the contract is made active between the parties, “Max Grid” and “You”. The contract is these terms.
1.2. All information about the Service, for “Client”; payment, start date, end date, marketing and service plans is included on the “Client”, from us provided company page.
1.3 If there is deviation from these Terms on the company page, these will have precedence over the Terms. All subject of requested “Client”-side changes can be, and will be made on the company page.
1.4. Sales Force and Max Grid is agreed upon these terms. A salesman or saleswomen representing Max Grid is part of the Sales Force. The Sales Force will be paid their commission after Max Grid received the payment from the client. The commission is 4% per client they sign up. The commision is for the active period of the client, usually 1 year. The Sales Force pays for their own taxes and working costs.
1.5. Coordinators and Max Grid are agreed upon these terms. A coordinator is representing Max Grid, and is a part of the Coordinators team. The coordinator runs the daily service against the Freelancers. The Coordinators will be paid their commission after Max Grid received the payment from the client. The commission is 3% per client they handle. The commision is for the active period of the client, usually 1 year. The Coordinators pays for their own taxes and working costs.
1.6. Freelancers and Max Grid are agreed upon these terms. A Freelancer agrees never to reveal himself or herself to the client. Freelancers will be paid commission directly for their service. The Freelancers pays for their own taxes and working costs.
2.1. A listing of marketing services can be find on our site. For specific and/or additional services provided to the “Client”, is going to be listed in the company page.
2.2. The service is provided during one year, and is split up to marketing segments.
a) One (1) segment is thirty (30) minutes.
b) One (1) week is equal to one hundred forty (140) segments.
c) For one (1) year, that is about seven thousand two hundred eighty (7280) segments or a total of three thousand six hundred forty (3640) hours.
2.3. All profiling, design, graphics, analysis, scouting, system solutions, applications, copywriting, text editing, virtual assistant, branding, support, internet related services are included. Also for making a video or radio ad (for example), or being physically in person on the work place (office, shop or other place that require human intervention. No other costs will apply than segment costs per unit. See 2.2.
2.4. For physical material such as apparel, promotion articles, printed ads, billboards and similar physical products, and also for TV-commercial ads, radio ads etc., there will be additional costs. If not included in the segments.
2.5. Third party service providers, as “Freelancers”, We do not have any part in, we do not provided them and are not responsible for the service if they fail, go down or does not operate at full power. Max Grid can not claim rights for other services than our own. For service that fail to deliver, we will replace that service immediately, within 48 hours.
2.6. Max Grid has the right to hire freelancers to complete the services. Max Grid will provide the most qualified and competent personnel, Freelancers. The service provided will be made professionally and with good ethical standards. We will always make a background check of references before starting a service segment.
2.7. Max Grid will provide internal on-going education for our personnel.
2.8. The start day is set upon agreed, this will be in the client company page.
2.9. Max Grid is not responsible for delays that is client versus service dependent. If Max Grid need information (such as white papers, pictures, pdf’s, emails, documents etc.) from the client, and this is agreed upon, and the information does not appear from the client in time, Max Grid will apply other marketing strategies to replace the agreed service with other relevant marketing service.
2.10. The time table for one period is 3 months, this is done about 1 month before the start of that period. A representative of Max Grid and the client will have a discussion to how to set up the next part of the time table in beforehand. If the client wish to change the the services for the set time table, please contact Max Grid.
2.11. Reports from Max Grid to the client’s contact person about the service is sent once per month, if nothing else is agreed upon. Reports and other information (such as analyzes and more) are added to the clients company page.
2.12. Spoken and written language in service campaigns is country based, else we use English as primary language. If requested the language can be customized to the country this will involve translation services, for a fee on request.
2.13. If the client wish to end the service in middle of the period, there will be a 3 months fee added to the next payment. This is not negotiable. The client have to send this cancellation of service through email or written letter to the contact provided from Max Grid.
2.14. If the client wish to continue the service at the end of the period, if would be good if this is agreed upon at least one (1) month before, so Max Grid have the time to set up the following 3 month period. The client will be contact by Max Grid if they have a plan to continue the cooperation. The client can also approach Max Grid through email or written letter.
2.15. Service not listed in the site. If the client or Max Grid have other services that they are going to run, that is not listed under the services on the site. These either is part of the segments or they are paid by separately, this is agreed between the client and Max Grid and will be documented in the company page.
2.16. Etiquette in the post, feeds and written comments, we will always use a tended and language that is easy to read, the text will always be proofread, but we reserve us for any spelling mistakes and incorrect sentences. Everything position for your product, service, company, association, blog, etc.. will be done in a positive sense, otherwise all other written communication that instance. posts, feeds and comments will be neutral, impartial and apolitical, unless otherwise agreed. In our etiquette rule will also not accept campaigns that are racist, containing porn or serious violence or other unethical pages, run a campaign launched from being normal to unethical (ie a website changes the content) will campaign terminated immediately.
3. Client Obligations
3.1. If not being added in the company page, the client is obligated to:
a) To give Max Grid the correct information, so the service can be properly executed, this can be done by email or sending over documents.
b) To notify Max Grid in case of changes at the client that could affect the outcome of the services.
c) To keep client side company page at Max Grid safe, so no one else but authorized personnel have access to it.
d) If support is required, then access to the premises (if needed), computers, network and to install proper software to make the support available.
4.1. Username and password. We never will ask for your username and password. But if we request information as username / email and password to websites, blogs, facebook, twitter, forums, and other areas that may be affected by the current service campaign. This trust has never, or will be misused, and when the current service campaign is finished, although the use of your account also clear, we actually recommend you to change the username and password, even if we would never violate your privacy, it is still good to do this at the appropriate time scale, every 3 months or similar. Clarification: we will only use the data during that time that a service campaign is underway.
4.3. Personal information law (Sweden/EU/EES; Personuppgiftslagen PuL).
a) Max Grid will store personal information, we are responsible for this personal information.
b) This representation agreement according to 30 § PuL, kan only be changed by written agreement between parties.
c) Max Grid will follow instructions from you regarding the safekeeping and handling of the personal information. Max Grid shall not use the personal information in other intentions than for the use between Max Grid and you. Max Grid will keep the personal information safe from third party.
d) Max Grid confirmed that the personal information transferred to Max Grid will be stored in EU/EES.
e) You also confirm that Max Grid can use a assistant to handle the personal information. In this case should be part of Max Grid, as a; Coordinator, Sales Force or Freelancer.
f) You have always full access to your personal information, and can at anytime change the information.
5. Payment Terms
5.1. Payment terms for the service provided by Max Grid is notified before start, The terms will be added to the clients company page.
5.2. The currency is US Dollar.
5.3. VAT and tax. VAT payment is reversed when business is conducted outside of Sweden, the VAT is country specific, you as customer has to pay your own VAT. All tax are included in the price. For VAT rate of expenditure on advertising and promotion include advertising is typically tax of your country and deductible input VAT for a VAT-registered person or body. Natural and legal persons who are not VAT registered post the input VAT on the account that is used to record the cost of advertising and PR. A VAT-registered person shall disclose the input VAT as "Input VAT to deduct" in box 48 of the tax return for the tax and the cost of advertising and public relations should not be reported in the tax return for the tax.
5.4. A credit control will be made in beforehand, if the credit control checks out to be valid, the payment is due end of every month. Payment term is 15 days after invoice. Else the payment terms are payment in advance before every month.
5.5. For delay in payment, the service will be stop immediately. And if not receiving payment within the next fifteen (15) days, invoice will be sent to a legal collector in your country. The client will pay all fees.
5.6. If the client terminates service in middle of the agreed period, there will be a 3 months fee added to the next payment. This is not negotiable. The client have to send this cancellation of service through email or written letter to the contact provided from Max Grid.
5.7. For services that is not included (see 2.4), there will be additional fees. There will never be any other fees invoiced if not agreed upon between client and Max Grid. All the additional fees is going to be documented in the client's company page.
5.8. Accepted payment gateways; Direct payment to Bank account, PayPal payment, Credit cards through PayPal and Bitcoin.
5.9. Deductible expenses (Only Sweden). Costs of advertising and public relations in a business are tax deductible expenses in the income statement as income from business. Advertising on radio, TV and Internet ads in the newspapers for some associations, advertisements in publications in foreign languages to 80% spread abroad and own ads in publications are free of advertising. For periodic journals published by us, the tax rate of 3% and related advertising products 8%. Anyone in trade publishing advertisements taxable or taxable advertising is taxable for advertising on the tax base exceeds 20 000 per income year or 60 000 per income year for periodical publications.
5.10. The monthly commissions percent (%) is based on what the client's pays every month. The commission is paid in form of B2B (business to business) transactions, all personnel in the sales force, coordinators and freelancers must run/own a business. Or have a way to handle B2B transactions.
6.1. User support for clients should be done though the company page provided.
6.2. We provide a support page with frequently asked question, please use that before contacting us. This can be found on the site.
7.1. Modification, Max Grid reserves the right, at its sole discretion, to modify the Site, App or Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the App or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, App or Service after we have posted a modification on the Site or via the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Service.
7.2. Max Grid, or the appointee assigned by Max Grid, should have the right to review the client in beforehand. Max Grid has the right to decline a client. The client will be informed about if this is the case.
7.3. Max Grid has the right to use the client as a reference for marketing, if the client does not approve to this, the client should send this in writing to us. This approval is only for the company name, brand and link to the client homepage. We will not use the reference in any acquisition, sales, procurement or purchase mathers if not agreed upon.
7.4. All agreement between Max Grid and you should be written. These terms are a written agreement.
7.5 Max Grid and you agreed that sensitive company information from either Max Grid or you shall be handed to third party. This do not apply to information that is widely know, as for example wikipedia information or other trustworthy information source. You shall be responsible for the information sent to Max Grid and how you send this. Information that breaks the law och otherwise very unethical shall not be sent if not agreed upon. You are solely responsible for the open public information we as Max Grid can use in the service. You are responsible that the information we receive are public.
7.6. Max Grid will provide the safety that is need to hold the information according to the safety techniques and rules that apply to the industry. We will use encrypted databases for your and our protection of the data. The database will be backuped every day. For the clients company page, this will be saved on the server for one year, so we and you as a client can have access to the data provided during the one year campaign.
8.1. All disputes are dealt between you and Max Grid directly without intermediaries, if this does not work, the parties shall appoint a respective representative.
8.2. Disputes about these terms should be interpreted through Swedish law. With expectations for international private mathers. The procedure shall go though SCC (Stockholms Handelskammares Skiljedomsinstitut).
9. Force Majeure
9.1.Max Grid or You is not liable for failure to perform the party's obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this agreement under such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described as a Force Majeure.
Tomas M Leppänen
VAT nr SE711020077601