Terms and conditions

General

Brainville is a web based IT platform that offers a marketplace for the consulting- and staffing industry.

The following terms and conditions are agreed upon between the Service Provider and the User/Subscriber by the creation of a Subscriber Account or by logging on as a User to a current Subscriber Account.

By logging on to a User Account the User accepts the current version of the terms and conditions document.

The terms and conditions are in effect between the parties until an Account is terminated and will come into effect of an account is activated.

The User and/or Subscriber cannot assign any responsibilities or rights under those terms and conditions to a third party.

These terms and conditions have been prepared in the English language, which shall be controlling in all respects. Any non-English version of these terms and conditions are provided solely for accommodation purposes.

Definitions

Account means an instance of Brainville owned by a Subscriber (Company Account) or a User (User Account).

Subscriber means a company (legal entity) with a registered Brainville Account or in the process of registering a Brainville Account.

User means a physical person with a registered Brainville Account.

User Details means any data registered by a user during an Account registration process.

Service Provider means the legal entity offering the IT platform called Brainville, Brainville AB (SE556893468001) or one of it´s subsidiaries.

Brainville means a cloud based IT platform that allows Subscribers and Users to upload and/or share information with other Subscribers.

Information means any data uploaded to an Account by a User.

Public means made generally accessible to other Subscribers.

Requisition means a request for one or more consultants.

Consultant means a physical person who can be hired for a defined period of time and where the hiring party is not the employer of the consultant.

Shared means made accessible to one or more other Subscribers.

Terminated means shut down by the Service Provider with our without the consent of the User and/or Subscriber in accordance with those terms and conditions.

Professional Service means any kind of additional service agreed upon through a separate service agreement between the Service Provider and the Subscriber.

Terms and Conditions means this document and all documents and/or other regulations referred to in this document.

Registration and account ownership

The User registering a Brainville Account on behalf of a Subscriber must have the legal and formal right to represent that Subscriber when registering the Account.

If there is a dispute of which the legal representative of the Subscriber might be, or which Subscriber that might be the rightful owner of an Account, the Service Provider can request for the claiming party to present formal documentation from the local company registration agency about the legal representatives of the Subscriber before transferring the account to the rightful owner.

If normal processes for password and/or username recovery cannot be used the Service Provider can request the claiming party to present formal documentation from the local company registration agency about the legal representatives of the Subscriber before such details are presented.

Any Account that is not verified after registration can be terminated.

Any Account that is not accessed within 12 months can be terminated.

The Service Provider reserves the right to deny a User or a Subscriber a Brainville Account at its own discretion.

Information ownership

All information uploaded to a Subscriber Account is owned by, and only available to, the Subscriber aside for the information displayed under the “public information” section of Brainville.

All information uploaded to a User Account is owned by and only available to that User unless actively shared with a Subscriber by accepting an invitation from that Subscriber. Disconnection from a Subscriber will make the User information unavailable to the Subscriber.

Any information actively sent between Subscribers through Brainville is shared with those Subscribers only and not available to other Subscribers.

Regardless of information ownership, The Service Provider is in all cases allowed to base market statistics on anonymous information actively sent between Subscribers or actively made public by Subscribers.

The Service provider reserves the right to present evaluation-scoring results about Subscribers based on other Subscribers scoring of the Subscriber as well as data over Subscriber activity.

The Service Provider reserves the right to present information accessible through any 3 rd party, such as credit rating etc., about a Subscriber.

The Service provider reserves the right to send information about Brainville, its services and its partners to its Users.

The Service provider will not disclose any User Details or other data to a third party.

Account access and security User accounts can only be accessed by the User owning the Account.

All Users are responsible to treat their log on credentials with care and follow the password policy of each connected Subscriber.

The Service Provider is never liable for any damages related to loss of account details.

Subscriber accounts can be accessed by all Users connected to the Subscriber.

The Subscriber is responsible for controlling access to the Account by adding or removing access to Users.

A Subscriber is responsible for all connected Users and their actions on behalf of that Subscriber.

A User shall immediately notify the Subscriber as well as the Service Provider if log on credentials may have been revealed to a 3rd party.

A User is not allowed to share log on credentials to an Account with any other User. The Service Provider shall adopt reasonable measures to ensure that the security of Brainville meet relevant industry standards. Brainville does not guarantee that the User in control of a Subscriber Account has the legal and formal right to represent that Subscriber.

All data uploaded to Brainville is stored on servers located within the European Union.

The Service Provider reserves the right to upload the logotype of the Subscriber on Subscribers Public Profile.

The Service Provider reserves the right to use any Subscriber as a public reference customer and to refer to the Subscriber in its marketing material.

Liability

The Service Provider guarantees a yearly average uptime of 99% of Brainville.

The service provider does not guarantee the accuracy of information posted on the marketplace or indexed from other websites, portals etc.

The parties are not responsible for any indirect damages.

The damages for direct damage is limited to an amount of 1 000 EUR per damaging event, party and year.

Regardless of other clauses in those terms and conditions, the User is liable in full for any damages caused to the Service Provider (both direct and in direct damage) by deliberate actions or negligence.

Neither party will be liable for any situation caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action or Internet disturbance) that was beyond the party's reasonable control.

Brainville is only liable for damages to Subscribers holding a paid license.

Behavior and data scrambling

All information made public by a Subscriber shall be truthful and reflect reality at all times.

The Subscriber is not authorized to post requisitions where the Subscriber, its parent company, sister company or its subsidiary, will not be the contractual party when contracting the consultant or the end user of the requested service (i.e. post requisitions on behalf of someone else).

The Subscriber is not authorized to post offers where the Subscriber, its parent company, sister company or its subsidiary, will not be the contractual party when contracting the consultant (i.e. post offers on behalf of someone else).

The Service Provider reserves the right to electronically measure and monitor shared and public information to identify attempts to scramble market data or other statistics.

Any action committed by a User through a Subscriber Account will be seen as an action committed by that Subscriber.

Each Subscriber is responsible for making sure its own data storage and actions meets local legal requirements such as local privacy regulations.

The subscriber is not allowed to market other networks, databases or services that might have a negative impact on Brainville and/or the Service Provider.

Amendments

The Service Provider reserves the right to amend these terms and conditions at any time. Users will be notified of such a change by new terms being published on www.brainville.com.

Any amendment to this contract will replace all previous terms and conditions with immediate effect.

The Subscriber and/or user will be seen as having accepted the current version of the terms and conditions document by logging on to the service.

Breach of terms and conditions

Any User or Subscriber in breach of these terms and conditions can get its services limited or its account terminated or transferred to its rightful owner.

In the event where damage arises from the breach the User or Subscriber is liable in full for any damages to the Service Provider or to other Subscribers or Users caused by deliberate breaches or negligence.

Management of personal data

The Service Provider stores basic User details such as, but not limited to, e-mail address, full name and other contact details for Account management. Those details are handled through automatic data processing. By accepting those terms and conditions the User accepts storage of such personal data until the Account is terminated.

The Service Provider is responsible to adopt reasonable measures to ensure that unauthorized persons do not gain access to personal data.

Personal data will be managed according to Swedish legislation, including the personal data act and its 31st paragraph.

The Service Provider will not disclose any information uploaded to a Subscriber account, including personal data, to any third party.

Upon request, the User has the right to access the personal data related to the User. The User also has the right to have incorrect data corrected without delay.

The Service Provider undertakes the responsibility not to disclose any User details, personal data or any other data uploaded to an Account to any third party. A third party does in this case not include a User who has access to the same data through his/her own Account.

The Subscriber is responsible for all data uploaded on a Subscriber Account, including personal data. The Service Provider is in this case seen as providing assistance in maintaining the data and will manage the data according to instructions given by authorized representatives of the Subscriber.

The User is responsible for all data uploaded on a User Account, including personal data. The Service Provider is in this case seen as providing assistance in maintaining the data and will manage the data according to instructions given by the User.

An authorized representative of the Subscriber can choose to terminate the Subscriber Account.

Any user can choose to terminate a User Account.

All personal data is stored on secure servers within the European Union.

The service provider reserves the right to host servers with a 3rd party.

Brainville uses cookies to keep track of and validate session information, to market the services and to improve the user experience. Those cookies are stored on the Users end terminal equipment.

More information about management of personal data can be obtained by contacting the personal data representative of the Service Provider by sending an e-mail to support@brainville.com.

Professional services

The Service Provider offers professional services related to Brainville. Such services may include but are not limited to restructuring of data, data uploads, education or development tasks.

All professional services have to be agreed upon between the Subscriber and the Service Provider in advance. There is no guarantee that requested services are available.

All Intellectual Property rights that might arise as a result of a service request from a Subscriber are solely the property of the Service Provider.

Licenses

A Subscriber can obtain extra functionality for its users by subscribing for paid Licenses.

A License requested by a User with setup rights, through a Subscriber Account, will be seen as requested with the consent of that Subscriber.

Payment terms for Licenses are twenty (20) days net.

The Service Provider reserves the rate to change the monthly rates and/or the content of a License with three (3) months’ notice. In the event of such a change and where the Subscriber suffers a negative effect the Subscriber has the right to end the Subscription for a license from the day where the change comes in to effect regardless of other regulations. Any such request has to be made in writing before the change comes into effect.

All rates are presented excluding VAT and other local taxes that may apply.

Subscribers will be charged with statutory fees and interest rates for overdue payments.

The Service Provider reserves the right to limit the service and/or de-activate the Account if payments are overdue.

Subscriptions for paid licenses are cancelled by logging on to www.brainville.com and cancelling the subscription via the settings menu. Subscriptions can no be cancelled via e-mail or phone.

User support

1st line support is given without cost to all subscribers. This free service is limited to 30 minutes per subscriber and month.

Governing law and disputes

If any part of these Terms & Conditions are declared unenforceable, the remainder of the terms will stay in effect, and the unenforceable provision shall be amended to the extent possible to achieve as nearly as possible the same intent.

Any dispute, controversy or claim in relation to these terms and conditions, or the breach of such terms and conditions, termination or invalidity thereof shall be finally settled by the District Court of Stockholm, Sweden.

The language to be used in the proceedings shall be Swedish.

The governing laws shall be the laws of Sweden.