Accure General Terms and Conditions
Accure Business Cloud — Europe, Asia and USA (outside Scandinavia). These General Terms and Conditions govern the provision of Accure Business Cloud services and form an integral part of each individual Agreement.
1. Definitions
1.1 User — the party who uses the Services provided by Accure Business Cloud by logging in to the Accure Business Cloud portal or using any application provided by Accure.
1.2 Agreement — the agreement, with all annexes, of which these General Terms and Conditions form an integral part.
1.3 Implementation / Onboarding Plan — the timetable and measures required to set up, configure, and start up the Service for the Client.
1.4 Accure — Accure AB (org. no. 556667-0625), the party that provides the applications for Accure Business Cloud.
1.5 Accure Cloud Operation — the provision of services delivering the functionality that Accure Business Cloud provides according to the Service Description.
1.6 Service Description — the description of the Service that these General Terms and Conditions regulate.
1.7 Client — the party that pays the Subscription fee set by Accure to use the Service.
1.8 Start Date — the day agreed between Accure and the Client when the Service is put into operation.
1.9 Subscription — the recurring fee for the right to use Accure Business Cloud Services.
1.10 Transaction fee (TIC) — the fee paid for using Service Gateway (SG) services provided by Accure Business Cloud.
1.11 DPA — the Data Processing Agreement between Accure and the Client, available at accure.eu/dpa, which governs Accure's processing of personal data on behalf of the Client.
2. Priority Between Agreement Documents
2.1 In the event of conflict between the various documents of the Agreement, the following order of priority applies:
- Prices and compensation for the Service
- Written Supplementary Agreement for the Service between Accure and the Client (if drawn up)
- The Service Description
- These General Terms and Conditions
2.2 The DPA (clause 17) shall prevail over all other documents to the extent of any conflict regarding personal data processing obligations.
3. The Implementation Plan (Onboarding)
3.1 The Implementation Plan describes the measures required for the Service to function in accordance with the Service Description, and the timetable during which these measures are to be taken.
3.2 The Implementation Plan must be drawn up in writing by the parties jointly either before the conclusion of the Agreement or immediately afterwards.
3.3 When the measures according to the Implementation Plan have been carried out, the parties must determine a Start Date when the Service will begin to be provided.
4. The Service Description
4.1 The Service Description describes the functions that the Service provides and the expected result.
4.2 Any agreed deviations and additions to the Service Description must be noted in a written Agreement, signed by authorised representatives of both parties.
4.3 Accure may, without prior notification to the Client, make changes to the Service that reasonably do not cause inconvenience to the Client.
4.4 For changes of a major nature that require effort by the Client, Accure shall inform the Client three (3) months before the change. For minor changes, Accure shall inform the Client one (1) month before the change.
4.5 Accure shall strive to make minor changes where possible instead of major changes.
4.6 Changes under this clause must not conflict with the agreed basic requirements of the Service under clause 4.1.
5. Accure's Commitments
5.1 Accure undertakes to:
- Carry out the necessary and agreed implementation measures in accordance with the Implementation Plan;
- Provide the Service according to the Service Description;
- Ensure that only information transmitted by authorised senders (per clause 8.1) is processed in the Service;
- Return or make available processed information to the Client's authorised recipients within a reasonable time;
- Monitor the Service automatically throughout the year, 24/7/365, and maintain an action plan for handling deviations;
- Provide support via telephone, email, or the in-Service chat function during normal Swedish office hours (Monday–Friday 08:00–17:00 except public holidays);
- Document deviations via Accure's support case management system;
- Produce incident reports and "lessons learned" reports following incidents;
- Perform the Service in a professional manner;
- Comply with applicable information security and data protection requirements, including Accure's Information Security Policy and User Access Security Policy.
6. Availability
6.1 Accure is obliged to keep the Service available in accordance with the Service Description, at a minimum availability of 99.95% of the hours of the entire year.
6.2 Accure has the right to take measures that affect availability when necessary for technical, maintenance, operational, or security reasons. Such measures shall be performed promptly and in a way that limits disruption. The Client shall be notified in advance — normally no later than one week before planned interruptions.
7. Client's Commitments
The Client undertakes to:
- Provide Accure with the assistance, personnel access, premises, information, and computer system access necessary for the proper implementation of the Implementation Plan;
- Ensure that information transmitted to Accure for use in the Service meets the agreed requirements;
- Give Accure access to agreements with the Client's subcontractors where necessary for Accure to perform the Service, unless prevented by existing confidentiality clauses;
- Specify contact persons per clause 8.1;
- Not use resources or seek unauthorised access to Accure Business Cloud;
- Pay fees by the due date;
- Comply with Accure's security requirements and reasonable instructions regarding system use.
8. Cooperation and Contact Persons
8.1 The Client shall specify a contact person whom Accure can contact regarding questions about the Service. The contact person shall indicate who may transmit information to Accure (authorised senders) and who may receive processed information from Accure (authorised recipients).
8.2 Accure shall continuously inform the Client how to contact Accure regarding the Service.
9. Risk of Transmitted Information
9.1 Accure is not responsible for loss or distortion of information conveyed through the Service unless Accure is responsible per clause 14.5.
9.2 Accure is not obliged to take a backup copy of information transferred from the Client to Accure, unless agreed in writing.
9.3 Where Users provide information to the Service, Accure shall store such information to the extent agreed. If not separately agreed, information shall be stored until logged as sent, or for one (1) day after it has been made available to the Client in another way.
10. Responsibility for Information Content
10.1 The Client is responsible for ensuring that information transferred to or handled within the Service does not infringe third-party rights or conflict with applicable legislation.
10.2 Accure has the right to access all information transferred or provided to the Service to fulfil its obligations under the Agreement.
10.3 Accure has the right to immediately prevent further dissemination of information in the Service if it can reasonably be assumed that further dissemination is contrary to applicable legislation.
11. User Registration and Logging
11.1 Accure maintains a log of Service usage to the extent permitted by applicable legislation, including for security monitoring purposes in accordance with NIS2 and SOC 2 requirements. Unless otherwise agreed, log data shall be used only for performing the Service or for security and compliance purposes. Access log records are retained for a minimum of 12 months.
12. Fees and Payment
12.1 Fees for the Service are set out in the Agreement. Payment must be made within thirty (30) days of the invoice date.
12.2 VAT is added to fees where applicable.
12.3 If payment is not made on time, Accure has the right to charge a reminder fee, debt collection fee, and late payment interest from the due date until full payment is made. Interest accrues at the Swedish National Bank's reference rate plus eight (8) percentage points. Payment terms for late payment interest invoices are 10 days.
12.4 Accure has the right to adjust prices in the event of extraordinary changes in tariffs and regulations from postal operators, service providers used for third-party services via Accure Service Gateway (e.g. e-invoices, EDI, Fax, SMS, Postage Print).
13. Credit Terms
13.1 Credit terms are based on Accure's credit assessment of the Client at the time of signing the Agreement.
13.2 The credit limit stated in the price appendix is the maximum permitted outstanding claim at any time. If the credit limit is expected to be exceeded, the Client must inform Accure in advance.
13.3 Accure reserves the right to request revised credit conditions during the contract period if an updated credit assessment yields a materially different outcome.
13.4 Changes to credit terms must be agreed in writing.
14. Accure's Liability
14.1 Accure is liable for errors in the Service that consist of failing to meet the Service Description. Accure's liability does not cover errors without significance for the intended use, or errors caused by exercising its rights under clause 10.3.
14.2 The Client must report errors within a reasonable time after discovery. Accure shall remedy errors during normal working hours at its own expense.
14.3 If the Client has been unable to use the Service as intended due to errors for which Accure is responsible, the Client is entitled to a reduction of the fee proportionate to the extent of the error. Claims must be submitted no later than two months after the end of the relevant period.
14.4 If one month has passed since the Client reported that the Service cannot be used as intended, and the error persists, the Client has the right to terminate the Agreement in writing with immediate effect.
14.5 Accure is liable for damages caused by negligence on the part of Accure or a subcontractor engaged by Accure, subject to the limitations in clause 14.6.
14.6 Unless there is intent or gross negligence, Accure's aggregate liability for direct losses per contract year is limited to one (1) month's fee for the Service (excluding postage and third-party fees), and in any event not more than one (1) times the applicable Swedish price base amount (prisbasbelopp) at the time the damage occurred.
14.7 The Client may only enforce a penalty if Accure has been notified no later than thirty (30) days after the Client discovers or ought to have discovered the basis for the claim.
15. Termination
15.1 Accure has the right to immediately suspend the Service or terminate the Agreement in writing with immediate effect if:
- The Client materially breaches the Agreement and does not remedy the breach within thirty (30) days of written notice;
- The Client is in arrears with payment and has not paid within thirty (30) days of demand;
- The Client is declared bankrupt, enters restructuring, goes into liquidation, or becomes insolvent;
- The Client's credit rating upon reassessment has materially deteriorated and the parties cannot agree on revised credit terms within fourteen (14) days.
15.2 The Client has the right to terminate the Agreement if Accure materially breaches its obligations and does not remedy the breach within fourteen (14) days of written notice, or if the Client is declared bankrupt.
16. Force Majeure
16.1 A party is not liable for failure to fulfil its obligations due to circumstances beyond its control, including lightning strikes, labour disputes, fires, seizures, government regulations, interruptions in public communications (including Internet), cyber incidents caused by state-level actors, and errors or delays in services from subcontractors due to such circumstances. These constitute grounds for exemption from penalties and for postponement of performance.
16.2 If the Service has been prevented to a significant extent for longer than one (1) month due to force majeure, each party may withdraw from the Agreement without liability for compensation.
17. Data Processing and GDPR
17.1 Where Accure processes personal data on behalf of the Client in providing the Service, such processing is governed exclusively by the Accure Data Processing Agreement (DPA), available at accure.eu/dpa. The DPA forms a binding part of each individual Agreement and prevails over these General Terms in matters of personal data processing.
17.2 The Client, as data controller, is responsible for all processing of personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR). Accure, as data processor, processes personal data only in accordance with the Client's documented instructions and the DPA.
17.3 Accure complies with applicable data protection legislation, including GDPR, and the NIS2 Directive (EU 2022/2555) with respect to network and information security measures. Accure is SOC 2 compliant and ISO 27001 certification is in progress. Full security measures are described in the DPA Annex II.
17.4 Accure's Information Security Policy and User Access Security Policy apply to all processing of Client data. These policies are reviewed annually and are available at accure.eu/trust.
18. Intellectual Property
18.1 All intellectual property rights in Accure's applications, cloud services, technical solutions, mappings, configurations, logic, and algorithms are the property of Accure and are not transferred to the Client. This Agreement grants no licence to computer programs, logic, master data, configurations, tables, or algorithms beyond what is required to use the Service.
19. Security and Confidentiality
19.1 Accure shall respect the security regulations communicated by the Client. Each party is responsible for storing and using passwords, identities, and credentials provided by the other party in a secure manner.
19.2 The parties undertake not to disclose or make available to third parties any information received from the other party within the framework of the Agreement. The obligation of confidentiality does not apply to information that a party can show became known through other means, that is generally known, or that a party is required by law to disclose. The confidentiality obligation survives termination of the Agreement.
20. Assignment of Subscription
20.1 Accure may, without the Client's consent, assign the right to receive payment. A party may, without the other party's approval, transfer the Subscription to another company within the same group, provided the basis for the subscription fee (number of users, transactions, etc.) remains the same.
20.2 In the event of transfer to a group company, a renewed credit check may take place.
21. Agreement Period
21.1 The Agreement is valid for one (1) year from the Start Date and is then automatically extended by one (1) year at each anniversary, until terminated.
21.2 Termination must be given in writing at least one (1) month before the renewal date. In the event of termination after the contract period, no additional costs are incurred for service closure.
22. Notices
22.1 Notifications or communications under this Agreement may be validly delivered to the other party's contact person by email to the stated electronic address.
23. Dispute Resolution
23.1 Disputes regarding the interpretation or application of these Terms shall be settled by arbitration under Swedish law. If the disputed value does not obviously exceed ten (10) times the applicable Swedish price base amount, the dispute shall be settled by a sole arbitrator appointed by the Stockholm Chamber of Commerce.
23.2 For overdue unpaid claims, Accure may bring an action before a general court or with the enforcement authority.
