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Terms & conditions
Standard Business Conditions of Creditinfo SeeRisk Service for the Sales of International Business Reports provided by Creditinfo Lánstraust hf., Höfðabakka 9, 110 Reykjavík, Iceland Standard Business Conditions for Providing International Business Reports § 1 General 1. The following Standard Business Conditions (“SBC”) shall apply for all business information that is provided by Creditinfo Lánstraust hf., Iceland, (“Creditinfo”) currently and in the future via www.creditinformation.com. The service is called Creditinfo SeeRisk. 2. These SBC shall apply exclusively. Differing or contrary terms of the customer shall not apply except if expressly agreed upon in writing. 3. These SBC also exclusively apply if Creditinfo provides services despite its knowledge of differing contractual terms. 4. Customer (user) acknowledges and agrees that the content of International Business Reports is derived from databases that belongs to Information Providers in the relevant country and that Creditinfo Lánstraust hf. and Information Providers retain all right ,title and interest, including without limitation copyright and other proprietary in the service and the content. § 2 Object of the Agreement 1. Creditinfo Seerisk offers its customers for their company’s purposes business information with different contents about companies having their seat domestic or abroad (“International Business Reports” – “IBR” or “report”). 2. Creditinfo Seerisk is using a webpage www.creditinformation.com which enables customers to download reports on companies on a one by one basis and provides access to multiple databases in several countries. The webpage provides a gateway which will enable access to IBR’s from Creditinfo SeeRisk’s data suppliers. 3. The customer’s query to get a report shall be regarded as a mandate to deliver business information based on the data that are accessible to Creditinfo Seerisk according equitable discretion as substantially for the estimation of the circumstances. To provide the business information already fulfils Creditinfo Seerisk’s contractual obligation. 4. Creditinfo Seerisk provides IBR’s that are based on current stored data in the data bases of the suppliers of Creditinfo Seerisk. Creditinfo Seerisk does not check or verify in particular the actuality of the business information and does not provide additional research. 5. A rejection of a customer’s query, based on legitimate reasons, is allowed. Creditinfo Seerisk shall not be obliged to state the reasons or to name data sources. 6. If a supplier stops delivering data to Creditinfo Seerisk for whatever reason, Creditinfo Seerisk is allowed to stop providing IBR from the supplier in question without a notice. 7. The extent of Creditinfo Seerisk’s services is agreed upon in each individual agreement (mandate). The customer can review an example of one of the IBR’s and / or reports which Creditinfo Seerisk is going to provide. § 3 Liability 1. Creditinfo Seerisk is not liable for the objective accuracy and completeness of business information or reports provided to it by suppliers or customers or obtained from public records or registers or official announcements or other sources of information and administered by Creditinfo Seerisk. 2. Creditinfo Seerisk is not liable for customer’s activities, decisions, lending or similar that are based upon Creditinfo Seerisk’s IBR’s or reports or services. § 4 Granting Rights; Prohibition of Transfer 1. UserID/Password/Security.The information that the Customer (user) provides to Creditinfo during the registration process, or in any public message area must be current, complete and verifiable. If the Customer provides incomplete or inaccurate information, Creditinfo may terminate the User’s account. The User may not use her/his/its UserID and Password for any authorised puropose. The User may not disclose User’s Password to third parties. The Customer (user) is responsible for any and all actions taken under her/his/its UserID and Password. The Customer (user) must notify Creditinfo immediately of any unauthorised use of User’s ID or Password or any breach of security. 2. Creditinfo Seerisk hereby grants to customer, at the time of delivery of each report and upon receipt of the respective remuneration for the report, the rights of use as non-exclusive and irrevocable rights, unrestricted in time, place or content, to use, process, exploit, market, copy, store, but not to distribute/sell the reports to the customer’s clients. Any other use, particularly any modification, editing or redesigning of the report, shall require the explicit, prior written approval of Creditinfo Seerisk. 3. The customer is neither entitled to sub-licence nor to transfer the IBR’s to a third party. The cession of this contract or parts thereof or making the reports – as a whole or parts thereof - available to another company or to the public is not allowed, either. § 5 Remuneration 1. The customer agrees to pay Creditinfo the charges for all access to content via www.creditinformation.com as they become due. Charges will be calculated in accordance with the rates listed in www.creditinformation.com as amended from time to time. In case of delayed payment, Creditinfo Seerisk may exclude the customer of receiving reports until the outstanding invoices are fully paid. 2. The customer may only pay for the service using a valid credit card. The customer must provide all credit card information requested by Creditinfo prior to accessing the IBR. Payment shall be made in advance, i.e. prior to downloading an IBR. The service will be charged to customer’s credit card in accordance with the rates listed at www.creditinformation.com as amended from time to time. 3. Payments for IBR are due in advance, unless other arrangements are made in writing. Payments made by credit card may be debited at the time of the order. Refunds or charge backs are not available for any reason, including but not limited to inaccuracies or the time of delivery of the report. 4. The prices shall be net of the additional turnover tax /VAT (if applicable) in the statutory amount and exclusive of additional costs. § 6 Data Protection 1. According local data protection law, the transfer of personal data requires i.a. a legitimate interest. With regard to the personal data that may be included in IBR’s, the customer is obliged to credible demonstrate its legitimate interest. Creditinfo Seerisk is entitled to verify the customer’s legitimate interest in each individual case and without stating any reasons. 2. The customer shall use or process the transferred IBR’S that may include personal data only for that purpose that was the reason of transferring the IBR’s including personal data to him. The processing or usage of included personal data for other purposes are only permitted under the conditions of the applicable data protection law is prohibited. 3. Customer agrees to keep the circle of those parties or people who have access to the reports provided by Creditinfo Seerisk as small as possible. For this reason, the customer shall undertake all of the necessary and appropriate precautionary measures to warrant confidentiality and oblige all of his employees, assistants and free-lance staff under the data secrecy obligation pursuant to applicable data protection law. 4. The customer is already informed that Creditinfo Seerisk will automatically store and use identification and usage data as e.g. addresses and order date for as well documentation and accounting purposes as data security surveillance. § 7 Duration of Agreement; Termination 1. The Individual Agreement shall commence on the date it is physically signed by the Customer (user) or accepted by clicking the “I Agree” button in the application process and shall remain in effect for the term included in the Registration form or until one of the following, upon which the Password and UserID disabled by Creditinfo: i) If the User’s Deposit Account is exhausted, unless another payment option is choosen and activated before the Deposit Account is exhausted ii) If the user provides written notice to Creditinfo that he/she/it will cease the to use the service. In this case, the remaining balance of the Deposit Account will be forfeited to Creditinfo iii) If Creditinfo gives the User prior written notice of 10 days via email. In this case the remaining balance of the Deposit Account will be returned to the Customer. iv) If there is no purchase on the Deposit Account for a period of 180 consecutive days and the remaining balance of the Deposit Account is lower than the amount necessary for a minimum purchase. In this case the Deposit Account will be forfeited to Creditinfo. v) If there is no purchase on the Deposit Account for a period of 365 consecutive days. In this case the Deposit Account will be forfeited to Creditinfo. vi) If the Customer (user) is in breach of its warranties, obligations and duties provided under this agreement and is notified of such breach via email by Creditinfo. In this case, the agreement is cancelled without prejudice to any other remedy of Creditinfo and the Deposit Account paid by the Customer will be forfeited to Creditinfo. vii) Creditinfo may terminate the contract e.g. if a supplier stops delivering data to Creditinfo Seerisk that are needed to provide IBR to the customer. viii) The right of termination for good cause shall remain unaffected. § 8 Applicable Law; Place of Jurisdiction 1. This Agreement shall be governed solely by the law of the Republic of Iceland, excluding the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 2. If this Agreement contains some Icelandic terms as a translation for some English terms, the Icelandic term shall be binding for the interpretation of this Agreement. Notwithstanding the use of the English language for the formulation of this Agreement, the language and legal interpretation of this Agreement shall be based on the principles and the understanding predicated under Icelandic law. 3. Exclusive venue for all disputes arising from this agreement Reykjavik, Iceland. § 9 Final Provisions 1. The individual agreement and these SBC contain any and all arrangements related to the delivery of IBR’s. 2. This agreement may be amended or changed at any time by Creditinfo. Changes to this agreement will be available at our website, www.creditinformation.com, Customers are responsible for reviewing these changes, and continued use of Creditinfo’s service after changes are made constitutes acceptance of this agreement as modified by the published changes. 3. Should individual provisions of this agreement not be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision coming as close as possible to the recognizable commercial intention of the parties upon the execution of contract. Standard Business Conditions of Using the Online Service § 1 General 1. Creditinfo Lánstraust hf., Iceland, (Creditinfo) provides the customer an electronic interface via the Internet, www.creditinformation.com, to get an access to Creditinfo business information (cf. § 1 no. 2 of the SBC for providing IBR) – here aslos referred to as “Creditinfo SeeRisk’s service”. 2. Customer (user) will be able to acess the service solely through the Internet. Access to Creditinfo SeeRisk service will be possible for the customer only through use of a valid UserID and Password. 3. All communications regarding the service will be sent to the Customer (user) at the email address provided by the Customer in the registration form. 4. The Customer understands and agrees that the availability of the service may be interrupted, for a maintenance service or otherwise, from time to time. Creditinfo is not responsible for any such delay or outages. § 2 Access and Data Security 1. The customer can make use of the services by using the access authorisations provided by Creditinfo Seerisk or its sub-provider. The related information shall be kept confidential and secure. 2. The interface Creditinfo Seerisk facilitates access to the data of Creditinfo Seerisk’s data suppliers. 3. If customer does not comply with these SBC on online services, Creditinfo Seerisk may prohibit access to its online services immediately. 4. Creditinfo Seerisk records the customer’s access by storing the data that are necessary for providing its reports. If the access could not be recorded, it may be discontinued without delay. 5. The related protocols will only be used for data protection purposes, e.g. for control of the acceptance of the access or for ensuring a correct operating of data processing. They will be deleted after two years unless they shall be kept due to legal or governmental or judicial requirements. § 3 Right of use 1. Each user may be granted own access. The customer ensures that only authorised user get access to the interface. 2. The customer is obliged to ensure by implementing suitable security measures that only authorised personnel gets access to the interface. 3. If customer has reasons to believe that an unauthorised access occurred, he has to inform Creditinfo Seerisk immediately. The relevant authorisation codes will be blocked and the customer will get new authorisation codes. 4. If a customer’s employee leaves the customer’s company, the customer has to ensure that the authorisation will not be used anymore and he has to inform Creditinfo Seerisk. Creditinfo Seerisk will provide the customer with new authorisation codes. § 4 Availability 1. The availability of Creditinfo Seerisk’s online services depends on technical and organisational limitations. 2. Creditinfo Seerisk is not liable for or warrants the functionality of technical equipment or of the programmes to get access or similar. § 5 Remuneration 1. The remuneration of getting access to the online services will be agreed upon separately, if needed. 2. If nothing has been agreed with reference to the remuneration of getting access to the online service, the use shall be free of charge. § 6 data protection 1. The customer agrees to use Creditinfo Seerisk’s online services in line in particular with applicable data protection law. For breaches of applicable law the contractual partner is liable whose responsibility is affected. 2. The customer is obliged to inform his employees about the data protection related terms of these SBC. 3. The responsibility for each call order / access is at customer’s side. 4. The customer ensures that the acceptance of transferring business information that may include personal data can be declared by sampling procedure of Creditinfo Seerisk. § 7 Final Provisions Additionally, in particular §§ 7 – 9 of the Standard Business Conditions shall apply accordingly.
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