Terms
General terms and conditions
Updated
General
These general terms and conditions (the “Terms”) apply to all services (the “Services”) that Wndy AB provides to our customers (the “Customer”). “the App” means app.wndy.se, and “the Website” means wndy.se. The Service is sold, and these Terms are entered into, by customers signing an agreement running for 12 months or by making individual purchases.
Creating an account and accepting the Terms
To gain access to the Service you need to create an account in the name of your company by providing First name, Last name, Company e-mail address, Company name and Company registration number, and by accepting the Terms including the Data Processing Agreement below (the “Agreement”). If you do not accept the Terms, you cannot create an Account and use the Services.
You hereby certify that you are authorised to enter into these Terms and to use the Service on behalf of the Customer.
Activating the account
To activate the account and start using the Service you need to choose a price plan and confirm the company’s invoicing address. Your order is then confirmed. You will also receive a confirmation from us by e-mail.
These Terms constitute the entire agreement between Wndy and the Customer in relation to the Service. You hereby certify that the representative who creates the account and uses the Service has read and understood the Terms. You are responsible for use of the Service in accordance with the Terms set out here.
You may use parts of the Service free of charge. If you choose the Basic price plan, the Customer is charged only for specific purchases. Prices and price plans are described in more detail on the website and in the app.
Term of the agreement
The Agreement runs for 12 months and renews automatically for one year at a time. The Agreement will not be renewed if you terminate it in writing no later than 30 days before the final day of your current agreement period. Termination must be made in writing by e-mail to kontakt@wndy.se. An unpaid invoice is not considered a termination.
At the end of the agreement period, following termination of the Agreement, your access to the Service will cease immediately. We will also delete all information you have uploaded to us. The deletion applies except for such information as we are required to retain by law.
An individual Service that is still ongoing at termination and which by its nature does not end immediately may continue to be performed in accordance with these Terms, however for a period of no more than 60 days. Obligations arising as a result of a breach of these Terms shall continue to apply after termination.
Early termination
We reserve the right to terminate the agreement with the Customer if the Customer violates or breaches these Terms, or uses the Service in a way that does not correspond to its intended purposes or is otherwise harmful to Wndy or to a third party.
Price and payment
Payment is normally made monthly or annually, by invoice. All prices are exclusive of VAT. An invoicing fee of SEK 25 is added for invoices sent by post. We invoice in advance or in arrears with payment terms of 30 days. Interest on late payment is charged in accordance with the Swedish Interest Act.
Payment made entitles the Customer company and its employees to use Wndy’s Services for the Customer’s purposes. The Services may not be distributed outside the Customer or used for other purposes.
Wndy is entitled to change the prices for the Service. If we change the prices we will notify you in advance. Any price changes to the price plan apply from the first day of the next agreement period. By automatically extending the agreement period and continuing to use the Service, you are bound by the new prices. Any price changes for video meetings may apply during the current agreement period.
Unless otherwise stated in these Terms, you are not entitled to a refund.
Video meetings with an HR expert
To ensure high quality, data protection and correct documentation, all video meetings between users and Wndy’s HR experts shall be conducted via Wndy’s platform.
Meetings conducted outside the platform (for example via Zoom, Teams or similar) are not covered by our security routines and documentation flows. For such meetings, Wndy reserves the right to charge SEK 800 per commenced half hour.
The Basic price plan is free of charge with no commitment period, with the option of adding video meetings (cost SEK 950 per 25 minutes). To gain access to all of Wndy’s services you upgrade the account to the Unlimited price plan, priced according to the number of employees. See prices at wndy.se/en/pricing.
For the Unlimited price plan, video meetings with HR experts are included in accordance with the chosen price plan.
Price changes
Wndy reserves the right to change the prices for the Services. In the event of price adjustments, the Customer is informed in advance. Any price changes to the price plan apply from the first day of the next agreement period.
By automatically extending the agreement period and continuing to use the Services, the Customer accepts the new prices. Price changes for video meetings may apply during the current agreement period.
Unless otherwise stated in these terms, no right to a refund applies.
Assignment
The account may not be assigned without Wndy’s written consent.
Limitation of liability
Wndy shall perform the Services with reasonable care and professionalism.
Wndy is liable only for direct damage arising as a result of Wndy’s material breach of contract, negligence or fault in the performance of the Services.
Wndy is not liable for decisions, measures or failures to act that the Customer undertakes based on advice, recommendations, documents or other material provided through the Services. The Customer is at all times responsible for its own employer decisions and for ensuring that decisions are made on the basis of all relevant circumstances in the individual case.
Wndy is not liable for indirect damage, consequential damage or special damage, including but not limited to loss of profit, loss of revenue, loss of business opportunities, loss of goodwill or business interruption.
Wndy’s aggregate liability under the Agreement shall under no circumstances exceed the total amount the Customer has paid to Wndy during the twelve (12) months preceding the event giving rise to the claim.
Wndy holds liability insurance for its operations. Any claims for compensation are governed by this Agreement and applicable insurance terms.
Rights
Documents and back-up
Wndy maintains professional back-up of its portal and digital systems, but it is the Customer’s responsibility to keep up-to-date originals or copies of its documents uploaded to Wndy, together with ongoing back-up. This applies in particular in light of the fact that Wndy deletes the Customer’s information when the Service ends.
Confidentiality
The parties shall observe confidentiality regarding each other’s confidential and commercially sensitive information. This applies to information that is not publicly known.
Force majeure
The parties are released from liability for breach of contract caused by circumstances beyond the parties’ control. If our suppliers are delayed due to an event beyond our control, we will notify you as soon as possible and take measures to minimise the harm caused by the delay. If a fault or delay affects use of the Service, you may contact us to end the agreement and receive a refund for the part of the Service that you have paid for but have not been able to use.
Changes to the terms
We reserve the right to change the Terms at any time. We will notify you by e-mail or through the App of such changes as are not insignificant and which will affect you. You are responsible for keeping yourself informed of all changes to the Terms. The latest version of the Terms will be available on the Website. Changes to the Terms enter into force on the first working day following the day of publication.
All new functions and all new content added to the Service, the Website or the App are covered by what is set out in the Terms.
Contact and customer service
Wndy’s customer service provides support on weekdays between 09:00 and 17:00. Customer service is unstaffed on weekends and public holidays. Support refers primarily to fault reporting and technical support.
Wndy’s customer service can be reached through the chat on the website or inside the App, and by e-mailing kontakt@wndy.se.
Personal data
As a customer of Wndy you are the data controller for the personal data we process on your behalf in connection with your use of the Service. How we may process the personal data in our role as data processor is set out in the data processing agreement (appendix), which you enter into by accepting these Terms. More information on how we process personal data in our role as data controller can be found in our Privacy Policy.
Applicable law and disputes
Disputes arising in connection with this agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
The Rules for Expedited Arbitrations shall apply, unless the SCC, taking into account the complexity of the case, the value of the matter in dispute and other circumstances, determines that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the arbitral tribunal shall consist of one or three arbitrators.
The seat of arbitration shall be Stockholm. The language of the proceedings shall be Swedish. Swedish law shall apply to the dispute.