Terms of Use
ITWorks General terms and conditions
Version/2007-01-01
ITWorks General Terms and Conditions of Products and services
Acceptance of Agreement
All ITWorks products and services are offered to you conditioned on your acceptance without modification of the relevant version of the terms of use and notices contained herein. Your use of the ITWorks products and services constitutes your agreement to all such terms, conditions, and notices. ITWorks reserves the right in its sole discretion to change these terms of use and notices, to edit or delete the features, parameters or existence of any ITWorks products and services at any time. The relevant version of the terms of use and notices is the one which appears on the ITWorks web site on the date the ITWorks service is solicited and carried out.
ITWorks Products and services
ITWorks offers various products and services for your personal and/or commercial use. You agree to use the products and services only for actions that are within the law. Your right to use the product or service and any associated security arrangement is not transferable. You are not allowed to use the product or service for any purpose that is unlawful or prohibited by these terms, conditions, notices and by law of any applicable jurisdiction.
ITWorks Services Warranty
ITWorks services are provided to you without any warranty, if not stated otherwise by separate contract or authorized agreement. For products or services that are produced on behalf of an ITWorks customer or partner, such as programming and implementation of customer-owned products or services, ITWorks offers a 90 day warranty period after delivery, if not stated otherwise by separate contract. After the warranty period has expired of the delivered product or service, ITWorks has no obligation to (a) support the product or service or (b) correct any flaws, bugs, undesired behaviour, malfunctions in the product or service.
ITWorks own-brand products
ITWorks own-brand products are provided to you with one year warranty (counted from delivery date). Warranty is void if item is tampered with, opened by a non-authorized person, if item is subject to fire, water or extreme humidity, shock or extreme temperature.
Distribution products warranty
Third-party products, also known as Distribution products, are provided with factory warranty, if any.
RMA handling
For RMA, shipment and handling costs for returning of goods you accept to be charged costs related to sending goods to your nearest ITWorks Service Centre. ITWorks accepts shipment costs for sending/returning goods to you.
Your Responsibility and Indemnification
You are entirely responsible for maintaining the confidentiality and quality of your password as well as the secure transmission of any access codes for ITWorks online business services, websites and other restricted systems/access point, provided to you by ITWorks. You are also entirely responsible for any correspondence that opts out of using such service, for the loss or disclosure of your own decryption key, for the safeguard of the Session Authenticator and for any and all activities that occur under your account. You agree to notify ITWorks immediately of any possible or actual unauthorized use of your account or any other breach of security. You acknowledge that if you forget your ITWorks password your password must be changed. In this case your messages, data, passkeys, security configurations and other contents on the corresponding system(s) might be permanently deleted and not accessible anymore. This also applies when a service agreement or other arrangement provided to you by ITWorks is terminated. Furthermore you acknowledge that if you delete any messages and contents they will not be available anymore. You are aware that it is your responsibility to install the technical requirements (e.g. the browser- and security technology) as defined by ITWorks for the use of the ITWorks products and services. You will accept any limitations for technical or security reasons. It is also your responsibility to ensure that you only enter your password into the original ITWorks services.
Property Rights to Products and services
The ownership of the ITWorks Services, Access points, communications channels, Web site and security framework(s) or are the sole property of ITWorks.
Intellectual Property Rights
Intellectual property rights, particularly copyrights, patents and trademarks, and any other property rights for ITWorks services and products are the sole property of ITWorks. All these rights are reserved.
Disclaimer
ITWorks and/or its respective suppliers make no representations about the suitability, merchantability, fitness for a particular purpose, title, and non-infringement of the Products and Services, the information, content, documents, hardware or software for any purpose. ITWorks makes no representation or warranty that any Products and Services will be uninterrupted, timely or error-free, if not defined otherwise in separate agreement with you for a specific product or service. Particularly ITWorks makes no representation or warranty that any Products and Services will be secure in case of hackers, virus or any other attacks. ITWorks accepts no responsibility for any direct or indirect physical, financial or other damage as a result of such event/attack.
Liability
ITWorks herewith excludes any and all liability in the scope allowed by Swedish law. Particularly ITWorks will not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ITWorks Products and Services. All responsibility or liability for any damages caused by misuse, hackers, viruses or any other attack is disclaimed. You agree that ITWorks has no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted by any ITWorks Products and Services. ITWorks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. In addition, ITWorks will not be liable for any and all contents which have reached third party. However, you could be held liable for losses incurred by ITWorks or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree to indemnify, defend and hold ITWorks and its partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Product or Service.
Termination
ITWorks reserves the right, in its sole discretion, to terminate your access to any or all Products and Services or any portion thereof at any time, without notice if (a) the product or service are not paid for in full (b) the product or service is used for illegal actions or (c) the Product or Service is misused or tampered with or used in a way that may put ITWorks to harm. After termination, ITWorks shall have no obligation to maintain any records, passkeys, document data files or other content associated with your account. ITWorks will delete all messages, data or other information after termination of the Product or Service agreement irrespective of whether they have been received or not.
Severability Clause
If parts of this agreement should be null and void or of no legal force, the remainder of the agreement remains valid. The parties to the agreement will then modify the agreement in such a way that the objectives defined in the sections which are null and void or of no legal force are economically achieved as much as this is possible.
Applicable Law / Place of Jurisdiction
This Agreement and the Products and services provided through ITWorks are subject to Swedish and international law. You recognize the exclusive jurisdiction of the courts of Sweden. ITWorks is also entitled to take legal action against you before any other competent court.