Unifaun ♥ Textalk Webshop Partner

Terms of Use for Textalk Webshop

§ 1 General

§ 1.2 This agreement governs the relationship between the Customer and Textalk AB organization number 556586-1472 (hereinafter "Textalk"), regarding Textalk's e-commerce solution Textalk Webshop (hereinafter referred to as "Textalk Webshop") and related additional services.

§ 1.2 The customer shall be a major natural natural person or a legal entity.

§ 1.3 The agreement between the parties can not be extended by the Customer to another party.

This is an agreement between you and Textalk that describes what applies if you want to use Textalk Webshop. You can be a person 18 years of age or older, or a registered company. This agreement only applies between us, no one else.

§ 2 The service

§ 2.1 Textalk Webshop is available in different versions: Textalk Webshop Basic and Textalk Webshop Plus (hereinafter "Basic" and "Plus"). The services and features available in each version of the Textalk Webshop can be found at specifications at http://www.textalk.com/webshop. Textalk may launch additional versions of Textalk Webshop without prejudice to this agreement.

§ 2.2 Support for Basic is available to the customer via email. Support for Plus is available to the customer via email and phone during office hours. E-mail and telephone numbers are available at http://www.textalk.com/webshop

Textalk Webshop is available in different versions. What is included in the different versions is on our website.

Support via email and website are included in all versions. The plus version also includes phone support.

§ 3 Subscription

§ 3.1 These Terms of Use agreement are valid during the same period that the Customer has chosen to subscribe to the Textalk Webshop. For Basic and Plus, 3-month or 12-month subscription periods are offered. All subscriptions are paid in advance.

§ 3.2 Cancellation of Customer Subscription is not applicable when the subscription has been paid in advance and no automatic renewal is applied by Textalk.

§ 3.3 Termination of the agreement by Textalk is not applicable when the subscription has been paid in advance and no automatic renewal is applied by Textalk - except in the cases regulated in section 3.4 below.

§ 3.4 Textalk owns the right to terminate the subscription if the Customer has violated any of the terms of the agreement. Termination by e-mail, telephone or written by letter.

You can subscribe for a quarter or a year. You pay in advance. If you do not want to use Textalk Webshop, just stop paying. The subscription will work for as long as you pay.

We will remind you by email and when you sign in to the admin, if the subscription is about to end, you may renew it yourself. We do not automatically renew subscriptions.

We can terminate your subscription if you do something really stupid.

§ 4 Fees

§ 4.1 Fees for Textalk Webshop are subject to applicable prices. If the customer chooses to pay by card, the subscription will be activated immediately. If the Customer chooses invoice payment, a pro forma invoice will be created which will be converted into invoice upon payment. In case of invoice payment, the subscription will be activated when Textalk has received and registered the payment (up to 5 business days).

§ 4.2 Temporary promotional prices do not affect ongoing agreements.

Check the website for prices. Promotions and temporary offers do not affect the regular price list.

§ 5 Transfer of subscription

§ 5.1 Customer may transfer subscriptions for Textalk Webshop. However, no agreement on payment solutions, other third party integrations, which Textalk can not affect, or Textalk Card Payment (separate agreement). The withdrawing Customer is not liable for liabilities arising after the transfer date. The accruing Client is not liable for any obligations incurred prior to the transfer date.

(please contact us before you make a transfer) You can give away or sell your subscription to someone else, but NOT your agreements with payment solutions or other external services associated with your subscription.

§ 6 Textalk's responsibility

§ 6.1 Textalk exerts no control over transactions that are managed by the Textalk Webshop on behalf of the Customer. Textalk is not liable for direct or indirect damages and financial losses due to errors, delays, imperfections, interruptions, missing deliveries in the form of data, lack of availability or similar circumstances or events.

§ 6.2 Textalk handles all Customer information as confidential. However, Textalk may be required by court order, or similar, to disclose such information to the relevant authorities. In the event of a violation of the Customer, Textalk may disclose information or report it to the investigating authority without requesting Textalk for such information.

§ 6.3 Textalk ensures that sensitive information such as credit card numbers and signature codes are handled with highest security through SSL encrypted communications. Credit card information is not stored in Textalk Webshop but is transferred directly to connected payment system where all sensitive information is stored in encrypted form.

§ 6.4 Textalk ensures that all Customer data stored in Textalk Webshop is backed up once a day.

§ 6.5 Textalk accepts no credit risk or liability for purchases that are denied by the cardholder.

§ 6.6 Textalk leaves no guarantee of communication between Textalks and the ISP that provides Internet connection to Textalk.

Orders and deliveries are your responsibility, even if the webshop system are suffering from downtime or any error. Keep track of your orders in admin.

Information about you and your customers are secret. However, the police or the Swedish Tax Agency may force us to disclose information, that´s the law. We can report if we suspect shady business.

We encrypt everything. We do not store any card numbers. We make backups regulary and have a huge state-of-the-art data center. Though, on rare occasions, our gadgets can break and our internet connection may fail.

§ 7 Customer Responsibility

§ 7.1 The customer undertakes to comply with Swedish and international legislation.

§ 7.2 Customer is responsible for handling sensitive information such as login information, passwords and the like without the risk of unauthorized access.

§ 7.3 Customer agrees not to publish offensive material. Textalk reserves the right to determine when materials are considered to be offensive. Textalk owns the right to refuse to enter into an agreement with the Customer and to unsubscribe for the Customer who publishes Textalk-defined offensive material.

Follow the law.

You are responsible for your own password.

§ 8 Data Collection

§ 8.1 For enhanced user experience, we use cookies. By using Textalk Webshop you (and your customers) agree to the use of cookies. We save and process information about you and your customers to create anonymous statistics in our e-commerce solution in order to improve our services for you and your customers.

We track and save data to get better.

§ 9 Return Policy

§ 8.1 According to Swedish law (2000: 274) on consumer protection for distance contracts and home sales agreements, a return period of 14 days is available. Textalk commences the execution of the ordered service before the 14-day regret has expired, which Customer / Client agrees to when ordering a Textalk service. Thus there is no right of withdrawal under section 14 (2000:274).

If you pay, you can not regret it. If you just want to test, run in Demo mode.

§ 10 Force majeure

§ 10.1 Textalk shall be exempt from damages and other penalties if the performance of the agreement is hindered or impeded by any circumstance - such as war, government intervention, unrest, restrictions on energy supply, labor disturbances, prohibitions, restrictions, omissions, accidents, unfavorable transport or weather conditions, or missing deliveries from subcontractors - which could not reasonably be expected by Textalk at the time of the conclusion of the agreement and the consequences of which Textalk was not able to avoid or overcome.

You can not claim damages from us.

§ 11 Dispute

§ 11.1 Disputes concerning the interpretation or application of this agreement shall be settled in Swedish court under Swedish law in the Swedish language.

Personal Data Processing Agreement

entered into on 2018-__-__ by and between
webshop_company_name + org.no (“Personal Data Controller”)
and Textalk AB 556586-1472 (“Personal Data Processor”)

1 Appendixes

The Agreement consists of this core document and the following Appendixes:

Information and instructions for webshop owners in Textalk Webshop / Abicart

In the event of inconsistency, the core document takes precedence over the Appendix. Appendixes take precedenceaccording to the mechanisms set out above.

2 Definitions

To the extent that the Regulation (EC) No 2016/679 of the European Parliament and of the Council, hereinafter referred to as the Data Protection Regulation, contains definitions corresponding to those used in the Agreement, such definitions shall be applied and implemented in accordance with the Data Protection Regulation.

For the purpose of this Agreement, the terms given below are defined as follows:

'Agreement' means this core document and the Annexes in force at any time.

'Processing' means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

'Personal data' means any information relating to an identified or identifiable natural person ('Data Subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification name, number, location or online identifier, or to one or more factors specific to the natural person's physical, physiological, genetic, mental, economic, cultural or social identity.

'Personal Data Incident' means a security incident that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to protected data which has been transmitted, stored or otherwise processed.

3 Purpose

The Personal Data Processor has, through this Agreement, engaged itself to process personal data on behalf of the Personal Data Controller. The Parties have agreed to regulate the extent and detailed specification of this processing by establishing this Agreement.

4 Personal Data Controller responsibilities

4.1 Processing in accordance with Applicable provisions

4.1.1 Processing in accordance with the Agreement and Applicable provisions

The Personal Data Controller shall be responsible for ensuring that all processing of personal data is undertaken in accordance with the Agreement and Applicable provisions.

4.1.2 Provision of personal data

The Personal Data Controller shall provide the Personal Data Processor with the required and appropriate information and personal data necessary for the Personal Data Processor to fulfil their obligations in accordance with the Agreement and Applicable provisions.

4.1.3 Accurate information

In the event of the documented instructions being incorrect, incomplete or in need of any other amendments, the Personal Data Controller shall immediately provide the Personal Data Processor with the correct information.

4.1.4 By signing this agreement, the Personal Data Controller confirms the following responsibilities:

  • The Personal Data Controller has a legal basis to process the relevant personal data to the Personal Data Processor (including any subservients used by the Personal Data Processor).
  • The Personal Data Controller is solely responsible for the accuracy, integrity, content, reliability and legality of the personal data submitted to the Personal Data Processor.
  • The Personal Data Controller has fulfilled any mandatory requirements and obligations to notify or obtain permission from the relevant authorities for the processing of Personal Data.
  • The Personal Data Controller has fulfilled its obligations to provide relevant information to its customers regarding the processing of personal data under applicable personal data law.
  • The Personal Data Controller agree that the Personal Data Processor has provided guarantees regarding the implementation of technical and organizational security measures that are sufficient to protect the integrity and personal data of their customers.
  • The Personal Data Controller when using the services provided by the Personal Data Processor does not transmit any sensitive personal data, or data relating to convictions in criminal proceedings and violations to the Personal Data Processor. In the event of such transfer, the Personal Data Processor may not be held liable for the improper handling of these sensitive personal data.

4.2 Documented instructions

The Personal Data Controller shall provide documented instructions to the Personal Data Processor. These shall among other things, but not exclusively, regulate which personal data shall be processed, the object, duration and scope, nature and purpose of the processing, type of personal data and categories of Data Subjects, the obligations and rights of the Personal Data Controller and the Personal Data Processor, as well as the level of protective measures and other IT and security related obligations.

The Personal Data Controller shall provide all the information that may be required to enable the Personal Data Processor to fulfil their contractual obligations towards the Personal Data Controller.

The documented instructions are appended to the Agreement, see Appendix 1.

5 Personal Data Processor areas of responsibility

5.1 Processing of personal data

5.1.1 Processing in accordance with the Agreement and Applicable provisions

The Personal Data Processor shall only process personal data on behalf of the Personal Data Controller in accordance with the Agreement and Applicable provisions. The Personal Data Processor must not, without the consent of the Personal Data Controller, instructions from relevant supervisory authority or mandatory laws, collect or disclose personal data from or to a third party, unless otherwise agreed in writing, change processing method, copy or recreate personal data, or in any other way process personal data for any other purpose than those set out in the documented instructions.

5.1.2 Transfer of personal data

The Personal Data Processor must not transfer any personal data to a country outside the EU or the EEA, or to a country that does not qualify as an exemption from the ban on transfers to a third country, in accordance with the Applicable provisions. This ban also covers system service, technical support, maintenance, development, and related services.

Exemption from the ban on transfers to a third country:

The EU Commission has analysed the data protection rules of a few countries and decided that the level of protection in these countries is adequate. The decisions concern:

  • Andorra
  • Argentina
  • Bailiwick of Guernsey
  • Faroe Islands
  • Isle of Man
  • Jersey
  • New Zealand
  • State of Israel
  • Switzerland

Furthermore the EU Commission has assessed that the level of protection is adequate within certain sectors or under certain conditions in the following countries:

Canada (if their legislation on protection of personal data in the private sector is applicable on the recipient´s processing of personal data)

U.S.A. (if the recipient has self-certified that they adhere to the EU-US Privacy Shield arrangement)

The decisions of the EU Commission are enumerated in an annex to the Personal Data Ordinance. In the ordinance it is explicitly stated that transfers are permitted in these cases.

5.1.3 Written authorisation of transfer

Transfers not covered by the above require the Personal Data Controller's prior written authorisation, ensuring that such transfers are undertaken in accordance with Applicable provisions.

5.1.4 Implementation of changes

The Personal Data Processor shall implement changes, erasures, limitations and transfers at the express request of the Personal Data Controller, unless such a request is contrary to the Agreement or the Applicable provisions.

5.2 Technical and organisational measures

5.2.1 Undertaking technical and organisational measures

Considering the latest development, implementation costs and the nature, scope, context and purpose of the processing, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the Personal Data Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including, as appropriate, the pseudonymisation and encryption of personal data; the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

5.2.2 Code of conduct and certification mechanism

The Personal Data Processor can, through adherence to an approved code of conduct or an approved certification mechanism, demonstrate compliance with the above requirements.

5.3 Maintenance of records

5.3.1 Maintaining records

The Personal Data Processor shall maintain a record of all the categories of processing carried out on behalf of the Personal Data Controller, including the following:

Name and contact details of the Personal Data Processor and the Personal Data Controller on whose behalf the Personal Data Processor is acting, and, where applicable, the Personal Data Controller’s or the Personal Data Processor's representative and the Data Protection Officer.

The categories of processing carried out on behalf of the Personal Data Controller.

Where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and the documentation of suitable safeguards.

Where possible, a general description of technical and organisational security measures.

5.3.2 Written records

The Personal Data Controller's records shall be in writing, including in electronic form.

5.4 Obligation of notification

The Personal Data Processor must notify the Personal Data Controller without undue delay if the processing of personal data is contrary to the Agreement, the Data Protection Regulation, or other laws. The Personal Data Processor shall then await the Personal Data Controller's instructions.

5.5 Information

5.5.1 Disclosure of personal data

The Personal Data Processor must not disclose personal data or information relating to the processing of personal data without prior permission from the Personal Data Controller, unless so ordered by a relevant supervisory authority, or if the Personal Data Processor is required to do so in accordance with Applicable provisions.

5.5.2 Obligation of notification in the case of contact

The Personal Data Processor shall, without undue delay, notify the Personal Data Controller if the Personal Data Processor has been contacted by a competent supervisory authority, Data Subject or third party for the purposes of gaining access to personal data processed by the Personal Data Processor.

5.6 Auditing

5.6.1 Compliance monitoring

The Personal Data Controller has the right to, directly or through a third party, carry out audits of the Personal Data Processor, or otherwise verify that the Personal Data Processor's processing of personal data complies with the Agreement and Applicable provisions. During such audits or inspections, the Personal Data Processor shall provide the Personal Data Controller with the necessary assistance.

5.6.2 Demonstrate compliance with the Agreement and Applicable provisions

The Personal Data Processor shall on request and without undue delay demonstrate compliance with the obligations under the Agreement and Applicable provisions. This includes, but is not limited to, an obligation to provide documentation, demonstrate that approved codes of conduct and certifications are met, as well as enable and contribute to the Personal Data Processor's ability to carry out necessary audits and inspections.

5.6.3 Access to personal data

The Personal Data Processor shall provide the Personal Data Controller with access to all the personal data, which the Personal Data Processor is processing on behalf of the Personal Data Controller. This includes access to information and documents, which the Personal Data Controller needs to exercise control over the Personal Data Processor's compliance with the Agreement and Applicable provisions. Such access shall be provided without undue delay, and in any case within 20 days from the Personal Data Controller's express written request.

5.7 Safety and confidentiality

5.7.1 Risk evaluation

The Personal Data Processor shall evaluate the risks of the processing and take measures, such as encryption, to mitigate them. Those measures should ensure an appropriate level of security, including confidentiality, taking into account the latest development and implementation costs, in relation to the risks and the nature of the personal data to be protected.

5.7.2 Taking security measures

The Personal Data Processor shall take measures to endure that every natural or legal person, who is carrying out work under the supervision of the Personal Data Processor, and who is provided with access to personal data, only process those personal data on instructions from the Personal Data Controller.

5.7.3 Satisfactory knowledge and training

The Personal Data Processor shall be responsible for ensuring that every natural person with access to the processed personal data has sufficient knowledge and training to process the personal data in a secure and appropriate manner.

5.7.4 Changes in the processing of personal data

If the Personal Data Processor intends to implement changes to the processing of personal data, or otherwise implement changes that may affect the security of the Data Subjects, the rights of the Data Subjects, or the compliance of the Agreement or applicable legislation, the Personal Data Processor shall notify the Personal Data Controller in advance and in writing. Such changes must be authorised by the Personal Data Controller.

5.7.5 Confidentiality and secrecy provisions

The Personal Data Processor is committed to processing personal data and other information in connection with the Agreement, in accordance with applicable law on confidentiality. Staff processing personal data have committed to confidentiality and been advised that they are subject to professional secrecy in accordance with the Agreement or national legislation.

5.7.6 Appropriate disclosure restrictions

The Personal Data Processor shall ensure that all staff, consultants and other persons, for whom the Personal Data Processor is responsible and who are authorised to process the personal data, are under an appropriate statutory obligation of confidentiality and have been informed of the manner in which the personal data must be processed.

5.7.7 Information for persons with access

The Personal Data Processor is responsible for ensuring that those persons with access to the personal data have been informed of the manner in which the personal data must be processed in accordance with the documented instructions from the Personal Data Controller. The Personal Data Processor must also ensure adequate authorisation management.

5.8 Personal Data Incidents

5.8.1 Undertaking mitigation actions

In case of a suspected or detected personal data incident, the Personal Data Processor shall immediately investigate the incident, and take appropriate steps to mitigate any potential negative impact.

5.8.2 Description of personal data incident

If the Personal Data Controller should so request, a description of the personal data incident shall be submitted to the Personal Data Controller within 72 hours. Such a description must contain at least

  1. a description of the nature of the incident, including, if possible, the categories and approximate number of data subjects affected, as well as the categories and approximate number of personal data posts affected;
  2. providing the name of and contact details for the Data Protection Officer, or other points of contact from which more information can be obtained;
  3. describe the the probable consequences of the personal data incident; and
  4. describe the measures taken or suggested by the Personal Data Processor in order to address the personal data incident, including, where appropriate, steps to mitigate any potential negative impact.

If and to the extent it is not possible to provide this information simultaneously, the information may be provided separately without further undue delay.

5.8.3 Assistance in the fulfilment of obligations relating to personal data incidents

The Personal Data Processor shall assist the Personal Data Controller in the fulfilment of their obligations in accordance with Applicable provisions on personal data incidents, taking into account the type of processing and the information that the Personal Data Processor has access to. This also applies if the Personal Data Controller suspects, or has detected, a personal data incident.

5.8.4 Notification of a personal data incident

The Personal Data Processor shall notify the Personal Data Controller without undue delay, and in any case within 30 hours, after becoming aware of a personal data incident.

5.8.5 Information about the personal data incident

A notification in accordance with above shall contain all the information the Personal Data Controller needs in order to meet their obligations in relation to the supervisory authority.

5.8.6 Unconditional obligation to notify

Above obligation to notify the Personal Data Controller also applies if the Personal Data Processor for any other reason is unable to meet their obligations under the Agreement or the documented instructions, alternatively becomes aware of personal data having been processed in breach of the Agreement.

5.9 Provide assistance to Personal Data Controller

5.9.1 Impact assessments and prior consultation

The Personal Data Processor shall, where appropriate and upon request, assist the Personal Data Controller in fulfilling their obligations under the Data Protection Regulation which concern the carrying out of impact assessments in relation to data protection, and prior consultation with the supervisory authority.

5.9.2 Fulfilment of obligations relating to the data subjects

The Personal Data Processor shall, where appropriate and upon request, assist the Personal Data Controller in fulfilling their obligations under the provisions of the Data Protection Regulation which concern the rights of the data subjects.

6 Personal Data Processor's appointment of Sub-Processor

6.1 Written permission to appoint Sub-Processor

The Personal Data Processor may not appoint another Personal Data Processor (Sub-Processor) without prior special or general written authorisation from the Personal Data Controller.

6.2 General written authorisation

If a general written authorisation has been obtained, the Personal Data Processor shall inform the Personal Data Controller of any intentions of appointing new Personal Data Processors or replacing Personal Data Processors, so that the Personal Data Controller has the opportunity to object to such changes.

6.3 Risk allocation

The appointment of a Sub-Processor by the Personal Data Processor is made at the Personal Data Processor's own risk. It does not alter the allocation of responsibilities between the Parties as outlined in the Agreement.

6.4 Adequate level of protection

If the Personal Data Controller approves the Personal Data Processor's request to appoint a Sub-Processor, the Personal Data Processor shall take appropriate measures to ensure that the Sub-Processor upholds an adequate level of protection for all processed personal data, as well as adheres to the relevant parts of the Agreement and applicable Data Protection Regulation.

6.5 Notification of appointment or replacement of Sub-Processor

The Personal Data Processor shall, before any measures are taken and provided that the request to appoint a Sub-Processor has been approved by the Personal Data Controller, inform the Personal Data Controller of any Sub-Processor appointment or replacement. The Personal Data Controller shall have the opportunity to object to the change proposed by the Personal Data Processor. Such an objection precludes the Personal Data Processor from implementing the proposed change.

7 Liability for damage

7.1 Personal Data Processor responsibilities

The Personal Data Processor shall, in respect of the Personal Data Controller, only be responsible for any damages caused as a result of the processing of personal data, if the Personal Data Processor has not fulfilled obligations under the Applicable provisions which specifically apply to the Personal Data Processor, or if the Personal Data Processor has acted outside, or in breach of, the Agreement.

The Personal Data Processor shall be exempt from liability as per above, if they can demonstrate that they are not in any way responsible for the event that caused the damage.

7.2 Personal Data Controller responsibilities

The Personal Data Controller shall compensate the Personal Data Processor for any claims made against the Personal Data Processor, provided that the claim is the result of incomplete or incorrect instructions by the Personal Data Controller to the Personal Data Processor.

8 Duration of the Agreement and amendments

8.1 Duration

The Agreement will be in force from the date on which it is signed by both Parties, and while the Personal Data Processor is processing personal data in accordance with the Personal Data Controller's instructions.

8.2 Return and erasure of personal data

After the processing on behalf of the Personal Data Controller has been completed, the Personal Data Processor shall return or erase the personal data, unless storage of said personal data is required by law under which the Personal Data Processor falls. Any return of personal data should be undertaken without undue delay, and in a general and readable electronic format.

8.3 Personal Data Controller's right to make amendments

The Personal Data Controller may only make amendments to the Agreement when necessary to ensure compliance with current legislation.

8.4 Amendments to the Agreement

Any amendments to the Agreement will be in force 30 days after the Personal Data Processor has been advised of the amendment.

8.5 Personal Data Processor's right to make amendments

The Personal Data Processor may only request amendments to the Agreement when necessary to ensure compliance with current legislation.

8.6 Consent to new types of processing

Should the Personal Data Controller intend to extend the Personal Data Processor's personal data processing to include new types of processing, the Personal Data Processor's express consent is required.

9 Notifications

9.1 Written notifications

Notifications and communications under the Agreement shall be made in writing. Notifications shall be set out to the contacts named below.

Personal Data Controller, {{webshop_company_name}}
{{webshop_owner_fullname}}, {{webshop_company_email}}
{{webshop_company_address}}, {{webshop_company_zip}} {{webshop_company_city}}

Personal Data Processor, Textalk AB
Rikard Sigvardsson, twsgdpr@textalk.se
Krokslätts fabriker 12, 431 37 Mölndal

9.2 Written notification of personal data incident

Notification of personal data incidents shall always be made by email to the address: twsgdpr@textalk.se

10 Dispute

10.1 Interpretation and implementation

The Agreement shall be interpreted and implemented in accordance with Swedish legislation. Any disputes concerning the interpretation or implementation of the Agreement shall be settled in a Swedish court of law.

11 Signatures

In order for this Agreement to be in force, it must be signed by an authorised signatory for {{webshop_company_name}} {{webshop_organisation_number}}.


Personal Data Controller




{{webshop_owner_fullname}}, {{webshop_company_name}}


Personal Data Processor



Rikard Sigvardsson, CEO Textalk AB

Terms of Use for Textalk Webshop when using the Payment Solution Textalk Card Payment

Supplementary terms for Textalk Webshop when using the payment solution Textalk Card Payment.

Updated 2017-07-09 / legal@textalk.se

§ 1 General

§ 1.1 This agreement governs the relationship between the Customer and Textalk AB organization number 556586-1472 (hereinafter referred to as "Textalk"), with regard to the Payment Solution Textalk Card Payment within Textalk Webshop (hereinafter referred to as "Textalk Card Payment").

§ 1.2 The customer shall be a major natural natural person or a legal entity.

§ 1.3 The agreement between the parties can not be extended by the Customer to another party.

This is an agreement between you and Textalk that describes what applies if you want to use Textalk Webshop. You can be an authorized person or company. This agreement only applies between us, no one else.

§ 2 Textalk Card Payment

§ 2.1 The condition for this agreement is that the Customer is a paying customer in Textalk Webshop and has accepted the terms and conditions for the use of this service. However, this agreement only includes the Textalk Card Payment Payment Solution. Other services included in Textalk Webshop can be found in separate current information on the Textalk Webshop website. In connection with the Customer's application to use Textalk Card Payment, Textalk will conduct a credit check. Textalk Card payment allows the Customer to pay from their end customers by bank or credit card issued by Visa or Mastercard (Card).

§ 2.2 Textalk Card payment that is subject to this agreement is based on an agreement that Textalk has concluded with Swedbank's BABS card redemption and with DIBS. If Textalk is forced by Visa / Mastercard, BABS, or DIBS to terminate Textalk Card Payment, Textalk will actively work for a replacement agreement to be established between the Customer and BABS / DIBS. If this is not accepted by the Customer, Textalk is entitled to terminate this agreement with 3 months notice.

§ 2.3 Textalk Card payment can only be used as long as card payments are less than SEK 100,000 per year. If the turnover exceeds this amount, the Customer shall subscribe to his own agreement or use other payment solutions. The customer is obliged to notify Textalk when this limit has been passed.

§ 2.4 In order for this agreement to be valid, Customer will not:

      
  • Be a travel agency or airline
  •   
  • Sell capital goods with high average purchases values and high sales amounts, such as appliances, consumer electronics and mobile phones
  •   
  • Be a pyramid company / sales and multilevel marketing or equivalent
  •   
  • Make sales of goods subject to legal restrictions
  •   
  • Sell travel currency or other currency or money transfer
  •   
  • Be charity or aid organization that lacks 90 account
  •   
  • Use their webshop to prepay inventories / purchases with their sales on card / direct payment
  •   
  • Offer financial services including financial advice
  •   
  • Offer Games and Lotteries
  •   
  • Be sales companies that offer advance payments of eg. telephony (fixed, mobile, IP telephony) or electricity

Textalk is entitled to immediately terminate this agreement if the above conditions are not met.

You can use Textalk card payment if you have a webshop at Textalk. We make a credit check prior to your approval. Our suppliers can turn off this payment solution. If so, you can use another payment solution.

You may not sell stuff for more than SEK 100,000 per year with Textalk card payment.

You may not sell everything, check the list.

§ 3 Charges for Textalk Card Payment

§ 3.1 End customers pay by card for their purchases in the customer's online store. The paid amount is transferred to Textalk's Client Agent Account at Swedbank (hereinafter "Account"). Payments to the Customer are made once a month. The money will then be transferred to the Customer's bankgiro account or bank account (hereinafter referred to as "Own Account"). The customer sets the account number for Own Account in the Textalk Webshop admin. It is the Customer's responsibility to enter the correct account number. Textalk accepts no financial or other liability for the consequences that may affect the customer as a result of incorrect account number. Any costs of the actions that must be taken to recover the money transferred in this manner to an incorrect account number are invoiced to the Customer. Textalk is entitled to redeploy the customer for the cases described in Section 6.4 below. The redemption is effected by deducting the redemption amount from the amount transferred to the Client from the Client Agent Account.

§ 3.2 All charges for Textalk Card Payment are charged in connection with transfers of Customer's funds that have been accumulated in the Account. This means that the amount paid to the customer will be reduced by the amount of the entire current fee for Textalk Card Payment. The amount of the Textalk Card Payment fee is stated on the Textalk Webshop website. The fee is a transaction fee which is currently exempt from VAT under current legislation.

§ 3.3 The Customer is entitled at any time to request extra transfer to the Own Account of the funds collected in the Account. A special fee is charged for such an extra transfer. The size of this transfer fee is shown in the current price list stated when the Customer requests extra transfer.

§ 3.5 Fee Change for Textalk Card Payment can come into effect. The fee increase must be announced at least one month in advance. Tax reduction need not be announced in advance.

The money that your customers pay to you is deposited into a client funds account at Textalk. Every month, the money is paid to the account or bankgiro number you enter in admin. It is your responsibility to enter the correct number. In connection with the payment, we will charge our fee (3 kr + 3% per order).

If we raise the fee, we say in advance, if we lower the fee, we can do it without saying in advance.

You can make extra payments to your account, it costs 50 kr.

§ 4 Agreement time

§ 4.1 The agreement expires as long as the Customer pays his regular Textalk Web Store fee and automatically ends if the customer does not pay this fee. A previously signed agreement that has expired as a result of non-payment for the Textalk Webshop service will automatically re-enable if Customer pays his fee. Such automatic re-entry of an agreement only applies if the interruption due to non-payment does not exceed six months. Otherwise, this agreement will expire.

§ 4.2 Customer may at any time terminate Textalk Card Payment by disabling Textalk Card Payment in the Admin System for its Webshop. Any written termination of the agreement by the Customer is not required.

§ 4.3 Termination of the agreement from Textalk page shall be no later than six months before the expiry of the current contract period. By the expiration of the applicable contract period, the date on which the customer has paid his license fee for Textalk Webshop is the date. If the contract period is less than six months, this remaining period shall be valid as the term of notice of the Agreement. The notice must be given in writing.

§ 4.4 Textalk has the right to terminate the agreement immediately if the Customer has violated any of the provisions of the agreement and especially against the items in section 2.3. Cancellations are made in writing by letter or by e-mail. The agreement can take effect once the customer has corrected the deficiencies noted.

This agreement applies as long as you have a webshop with us, pay your subscriptions and comply with Textalk's rules. If you do not want to use Textalk Card Payment anymore, just quit. You do not have to say anything.

§ 5 Transfer of Textalk Card Payment

§ 5.1 Customer may transfer Textalk Card Payment only after Textual consent. This agreement is not automatically transferred to new owners of a subscription in the Textalk Web Store. The transfer and concession must be made in writing. This procedure is mandatory for all transfers and ownership changes in the Customer's Textalk Web Store.

Check with us before you make transfers.

§ 6 Textalk's responsibility

§ 6.1 Textalk does not control the transactions that are managed by the Customer within Textalk Card Payment. Textalk is not liable or liable for direct or indirect damages and financial losses due to errors, delays, imperfections, interruptions, non-delivery, lack of availability or similar circumstances or events.

§ 6.2 Textalk handles all Customer information as confidential. However, Textalk may be required by court order, or similar, to disclose such information to the relevant authorities. In the event of a violation of the Customer, Textalk may disclose information or report it to the investigating authority without requesting Textalk for such information.

§ 6.3 Textalk ensures that sensitive information such as credit card numbers and signature codes are handled with highest security through SSL encrypted communications. Credit card information is not stored in Textalk's servers but is transferred directly to the DIBS payment system's payment system.

§ 6.4 Textalk undertakes no credit risk or liability for purchases that are denied by the cardholder.

The customer shall bear full financial responsibility

      
  • Card customer disputes receipt of the goods / service and where investigation shows that the card customer is right
  •   
  • The customer and the customer are in dispute and the cardholder advertises "be / service not as described" and where the investigation shows that Kortkund is right

§ 6.5 Textalk does not provide any guarantee of communication between Textalk and the ISP that supplies Internet Connection to Textalk and used for Textalk Webshop.

Orders and deliveries are your responsibility, even if the webshop system was to be confused. Keep track of your orders in admin.

Information about you and your customers is secret. However, the police or the Swedish Tax Agency may force us to disclose information, such as the law. We can report if we suspect shady business.

We encrypt everything importantly. We do not store any card numbers. We take backup and have a huge server hall. But, our stuff can break and our internet connection can go down.

Textalk accepts no credit risk or liability for denied purchase. It is your responsibility if your customer contests a purchase or advertises a product.

§ 7 Customer Responsibility

§ 7.1 The customer undertakes to comply with Swedish and international legislation.

§ 7.2 Customer is responsible for handling sensitive information such as login information, passwords and the like without the risk of unauthorized access.

§ 7.3 The customer undertakes to inform their customers about the current terms and conditions of purchase in their Textalk Webshop. Customer agrees that these terms of purchase comply with existing Swedish legislation.

Be lawful.

You are responsible for your own password.

You are responsible for telling about terms of purchase in your webshop.

§ 8 Force majeure

§ 8.1 Textalk shall be exempt from damages and other penalties if the performance of the agreement is hindered or impeded by any circumstance - such as war, government intervention, unrest, restrictions on energy supply, labor disturbances, prohibitions, restrictions, omissions, accidents, unfavorable transport or weather conditions, or missing deliveries from subcontractors - which could not reasonably be expected by Textalk at the time of the conclusion of the agreement and the consequences of which Textalk was not able to avoid or overcome.

You can not claim indemnity from us.

§ 9 Dispute

§ 9.1 Disputes concerning the interpretation or application of this agreement shall be settled in Swedish court under Swedish law.

Svensk lag gäller.