Last modification 25 June 2018
The terms is an integrated part of the contract regarding the services being provided, between MaxGrid and You.
MaxGrid 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 MaxGrid client homepage. The MaxGrid site and the sites connected to MaxGrid is provided under “MaxGrid Network”, collectively, called the site (or sites). And if offered as applications for mobile, tablet and other smart devices and application program interfaces, collectively, called the app (or apps). If you are using the Site or the App, these Terms of Service are between you and MaxGrid. If you are using the Service, these Terms of Service and the contract part are between you and MaxGrid. MaxGrid are hereinafter referred to as MaxGrid, 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) Promoters, 4) Coordinators and 5) Freelancers here below.
2) You as a client of buyer of MaxGrid services will be hereinafter referred to as Client or Customer.
3) For sales and promotion of the service, will be hereinafter referred to as Promoters.
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, with in legal range. 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 or has been assigned a specific task, work or assignment. 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, “MaxGrid” 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, client side 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. Promoters and MaxGrid is agreed upon these terms. A representative that speaks or act in behalf of MaxGrid is part of the Promoters. The Promoters will be paid their commission after MaxGrid 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. The Promoters pays for their own taxes and working costs. If you suspect that the representative is not from MaxGrid please contact us immediately. For the extensive Contract of Service please see the “Become a MaxGrid Promotor” form.
1.5. Coordinators and MaxGrid are agreed upon these terms. A coordinator is representing MaxGrid, 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 MaxGrid 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. For the extensive Contract of Service please see the “Become a MaxGrid Coordinator” form.
1.6. Freelancers and MaxGrid 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 commision is agreed in beforehand of the execution of the 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 agreed period of time as stated in the service information.
2.3. For service under “VIP Full-Service Package”. All profiling, design, graphics, analysis, scouting, system solutions, applications, copywriting, text editing, virtual assistant, branding, support, internet related services are included. Also included are, making a video or radio ad (for example). No other costs will apply than segment costs per unit. See 2.2.
2.3.1 Being physically in person, on the workplace, office, shop or other place that require human intervention will be invoice as an separate cost.
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. MaxGrid can not claim rights for other services than our own. For service that fail to deliver, we will replace that service immediately, within 72 hours.
2.6. MaxGrid has the right to hire freelancers to complete the services. MaxGrid 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. MaxGrid will provide internal ongoing education for our personnel.
2.8. The start day and time, is set upon agreed, this will be in the client company page.
2.9. MaxGrid is not responsible for delays, that is, client versus service dependent. If MaxGrid 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, MaxGrid will apply the delay time to the service.
2.10. The time table for a service can be everything from one time service that is executed immediately or an agreement can be made for a longer service contract for a year or more. A Promoter, representative of MaxGrid 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 MaxGrid.
2.11. Reports from MaxGrid to the client’s contact person about the service is sent as agreed per service, 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 no refunds. This is not negotiable. The client have to send this cancellation of service through email or written letter to the contact provided from MaxGrid.
2.14. If the client wish to continue the service at the end of the period. Please approach your Promoter or MaxGrid through email or written letter. Or send us an ticket on the client side company page.
2.15. Service not listed in the site. If the client or MaxGrid 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 MaxGrid 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. Positioning/marketing 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 of other unethical standards. If we run a campaign launched from being normal to unethical (ie a website changes the content) the campaign will be terminated immediately.
3. Client Obligations
3.1. If not being added in the company page, the client is obligated to:
a) To give MaxGrid the correct information, so the service can be properly executed, this can be done by email or sending over documents.
b) To notify MaxGrid, in case of changes, that could affect the outcome of the services.
c) To keep client side company page at MaxGrid 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. Use the ticket option if needed.
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, this is still good thing to do now and then, 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, this also includes GDPR (General Data Protection Regulation) from May 2018.
a) MaxGrid can store some personal information, we store the information in safe databases, and we have access to the same information as you have on your client side page. If you want to have the personal or company information erased from the database please contact us and we will erase it for you with a status report.
b) This representation agreement according to 30 § PuL, can only be changed by written agreement between parties. Written agreement can be through a letter, sms or via email.
c) MaxGrid will follow instructions as regarding the EU standard for safekeeping and handling of the personal information. MaxGrid shall not use the personal information in other intentions than for the use between MaxGrid and you. MaxGrid will keep the personal information safe from third party.
d) MaxGrid confirmed that the personal information transferred to MaxGrid will be stored in EU/EES.
e) You also confirm that MaxGrid can use a assistant to handle the personal information. In this case should be part of MaxGrid, as a; Coordinator, Promoter or Freelancer.
f) You have always full access to your personal information, and can at anytime change the information.
g) Your information will maximum be stored for 3 months, If you want the information to be stored for a longer period, you have to contact MaxGrid.
h) For external information collection between client and MaxGrid please see 7.5 and 7.6.
5. Payment Terms
5.1. Payment terms for the service provided by MaxGrid is pro-forma.
5.2. The client is free to pay in the currency (local country) or the cryptocurrency that we accept.
5.3. VAT and tax. VAT payment is reversed as we are conduction marketing services, 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. The payment terms that are not pro-forma, has to be agreed upon client and MaxGrid.
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 no refunds. This is not negotiable. The client have to send this cancellation of service through email or written letter to the contact provided from MaxGrid.
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 MaxGrid. All the additional fees is going to be documented in the client's company page.
5.8. Accepted payment gateways; Please see client side company page.
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 assistance as promoters, 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 client company page provided.
6.2. We provide a ticket system, please use that before contacting us. This can be found on the site.
7.1. Modification, MaxGrid 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. MaxGrid, or the appointee assigned by MaxGrid, should have the right to review the client in beforehand. MaxGrid has the right to decline a client. The client will be informed about if this is the case.
7.3. MaxGrid 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 MaxGrid and you should be written. These terms are a written agreement.
7.5 MaxGrid and you agreed that sensitive company information from either MaxGrid or you shall be handed to third party. This do not apply to information that is widely known, as for example wikipedia information or other trustworthy information source. You shall be responsible for the information sent to MaxGrid 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 MaxGrid can use in the service. You are responsible that the information we receive are public.
7.6. MaxGrid 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 MaxGrid 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 European (EU) law and Swedish law. With expectations for international private mathers. The procedure shall go through SCC (Stockholms Handelskammares Skiljedomsinstitut).
9. Force Majeure
9.1.MaxGrid 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, internet 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.
MaxGrid, Träffgatan 2, SE-13644 Handen
Contact person: Tomas M Leppänen
T: 072 0329 072 | E: firstname.lastname@example.org | VAT nr SE711020077601