Terms & Conditions
These terms and conditions (the/these terms) are valid from December the 11th. 2020 and replaces all previous versions.
Wismatix Inc./Wismatix SmbA (Wismatix/us/we) provides products, services, education and training, and general information (our services) within the areas of
- Quality Management,
- Risk Management,
- Project Management,
- Environmental Management,
- IT Security Management,
- Health and Safety Management, and
- General Business Management
We run our services on the following domains (our domains):
You as a customer can register/sign-up/subscribe to one or more of our services.
Our services are offered as Business to Business services and all prices are listed without VAT.
All use of our services is subject to these terms which the customer (you) is required to agree to before using one or any of our services.
When you represent a company, you personally guarantee that you can legally accept these terms on behalf of the company.
For those located in the EU, you can find our Data Processing Agreement (DPA) here.
Use of our services
When using and/or purchasing/signing up for one or more of our services, we grant the customer (you) a non-exclusive and time-limited right to use the/these service(s).
The/these service(s) must therefore not be used on behalf of others to carry out any data processing or other services for others than the customer’s own actual granted the right to use the/these service(s).
Logins and passwords for any and all our services are to be regarded as personal and must therefore not be shared with others.
The customer is not allowed to transfer all or any part(s) of your subscription to a third party without the legal written consent of Wismatix.
Price and payment terms
Prices found at our domains are listed without VAT.
Wismatix has the right to change the composition, content, and prices of our services with notification by e-mail or by postings on our website.
The billing period is stated in each of our services.
Invoicing is done by e-mail. The terms of payment are ‘Due on Receipt’ unless stated otherwise on the invoice.
In case of non-payment, the customer will receive a payment notification asking for payment as soon as possible.
Further actions in case of non-payment will be stated on the invoice or by email.
– additional fees and interest can/will be incurred in case of late-/non-payment!
– Wismatix holds the right to cancel the service in case of late-/non-payment!
Duration of the agreement terms
These terms apply as long as the customer is registered, uses, and/or has access to our services.
Withdrawal and refund rights.
The customer can cancel any time and no future payments will be charged. Already-paid services will not be refunded, and access is granted until the end of the paid period.
Our services are offered as business-to-business only. When a purchase is completed by the customer, no withdrawal rights apply unless otherwise stated.
Cancellation and transfer
The customer can cancel any service at any time in writing by emailing one of the below addresses according to the customer’s location.
Wismatix has the right to cancel the subscription within 3 months’ notice, or immediately if the customer violates these terms or in case of late-/non-payments.
Wismatix has the right to freely transfer its rights, and any obligations to the customer, to a company, affiliated company, or any third party.
We also have the right to use subcontractors for all or some part(s) of our services, including data-storing and data-processing.
A list of our subcontractors used for data processing can be acquired upon request.
The information the customer enters into our services or otherwise shares with us is treated as confidential. They may only be disclosed to third parties if they are publicly available or if we are required to do so by an authority, court, or if we deem it as reasonable in connection with regulatory requirements, the customer’s bankruptcy, or the likes.
Wismatix requires any public authority requesting customer data to comply with all applicable laws, rules, and procedures of the request.
However, data in our services can be used anonymously for statistical purposes and for the delivery of certain functions and features.
All information the customer enters into our services or otherwise shares with us (posts, comments, questions, e-mails, etc.) is for us considered free to use without reimbursing the customer.
Customer’s access to own data
The customer has full access to their own data. If a subscription expires or is canceled, the customer can request to have their database delivered. This must be done in writing by email to one of the below-stated email addresses according to the customer’s location:
At expiration/cancellation, we store data for 3 months after which they are deleted.
In the event of non-payment, access to our services can be canceled and data is only released after payment has taken place.
Updates and operational stability
Wismatix reserves the right to update and modify our services. The aim is to conduct these updates so that they do not interfere with the customer’s access to the service. In some cases, however, it may be necessary to close access to a service while updates are made. Wismatix strives for the highest possible operational stability for our services but does not guarantee this.
Wismatix has the right to send e-mails to the customer with information on service updates, new features, new functionality, support, new services, etc. that are considered to be of legitimate interest to the customer. Wismatix also reserves the right to send advertisements on behalf of third parties in these emails. The receipt of e-mails can be canceled at any time by clicking on the ‘unsubscribe’ link in the emails sent.
Responsibility and limitations of responsibility
Our rates reflect the following disclaimers and limitations:
The use of our services is entirely at your own risk. Wismatix cannot be held liable for any direct or indirect loss arising in connection with the use of, and/or access to our services.
Wismatix also disclaims liability for problems and losses arising from circumstances beyond Wismatix’s control. This applies for but is not limited to, situations such as: power outages, problems with internet connections, problems with hardware, hacker attacks, viruses, or some other form of force majeure.
Wismatix is liable solely for intentional or gross negligence and the maximum liability to the customer can and may never exceed an amount equal to the customer’s total payment of remuneration for one year for the use of the service in question.
Use of our services, including manual or automatic upload of master data or other assistance from Wismatix support, and other communication with Wismatix in general, must only be viewed as indicative, are at your own risk and Wismatix cannot be held liable for this. You are responsible for verifying that the information, entries, etc. You / your employees make are correct and sufficient for the purpose.
Copyright and other intellectual property rights
Unless stated otherwise, Wismatix owns the copyright and other intellectual property rights of our services. All use requires our written consent. No intellectual property rights of any of our services are transferred to the customer at any time unless otherwise agreed to in writing. The customer grants Wismatix and our business partners and subcontractors the right to use material and data (other than personal data) uploaded by the customer to the extent necessary for us to operate and develop our existing as well as new services, and for marketing purposes. The customer warrants that any material uploaded does not infringe the rights of third parties or violate any applicable law or regulations.