These general terms for assignments regulate all assignments between RHR Corporate Communication AB, corporate identity number: 556652-0077 (“RHR/CC”) and our clients, unless otherwise agreed.
Business quotations from RHR/CC apply for one month from the date of issue.
RHR/CC confirms assignments by issuing a specific assignment confirmation to the Client. Assignments are confirmed by the Client signing RHR/CC’s assignment confirmation or using RHR/CC’s services in accordance with the assignment confirmation or quotation.
RHR/CC undertakes to carry out assignments in accordance with agreed times and costs, but reserves the right to make adjustments to the assignment conditions, assignment amendments and circumstances outside RHR/CC’s control. RHR/CC is entitled to employ the services of subcontractors, but must inform the Client of this. Unless otherwise agreed there will be a mutual 3-month cancellation period. RHR/CC is entitled to cancel an agreement/contract with immediate effect if the Client misses payments, goes into liquidation, is made bankrupt or becomes insolvent.
RHR/CC debits Clients for fees according to fixed-price agreements for certain projects or for time worked according to current hourly rates. If the actual time spent on a project differs considerably from that expected, RHR/CC is entitled to negotiate for additional debiting.
If Clients require RHR/CC to carry out services that are not part of the agreed assignment then RHR/CC is entitled to additionally debit according to current hourly rates, unless a certain price has already been agreed for such additional services.
Other expenses, such as travel expenses, database searches, messenger services are debited according to actual costs. RHR/CC is allowed to add a 10 percent surcharge for capital expenditure on subcontractors’ invoices.
Unless agreed otherwise, the Client must pay to RHR/CC the agreed fees within 30 days of invoice date. Unless otherwise agreed with the Client the following invoicing routines will apply: Projects with a total fee of less than SEK 40,000 are invoiced on completion. Projects with a total fee in excess of SEK 40,000 are invoiced at the start of the project by 50 percent and the remaining 50 percent on completion. For assignments in excess of SEK 200,000, RHR/CC debits 50 percent of the calculated fee at the start of the project, 40 percent half way through the project and remaining part on completion.
Expenses are invoiced after RHR/CC has received and approved the invoices from subcontractors. For open account assignments, RHR/CC debits Clients at the end of each month for work completed during that month.
All offers and prices from RHR/CC are excluding VAT. RHR/CC’s business is subject to VAT in Sweden. RHR/CC is F-tax registered. RHR/CC is liable to pay advertising tax for some of its productions.
If a Client fail to pay their invoices on time RHR/CC will issue a reminder. Interest will be debited after the due date of the invoice in accordance with Räntelagen (the Swedish Interest Act) + 8 percentage points.
Clients acquire the right of disposal of the documents, texts and other material produced by RHR/CC upon full payment of the assignment. The Client does not however have the right to transfer the right of disposal of such material without the written approval of RHR/CC. Material, which RHR/CC has deemed internal or confidential, may not be distributed to a third party.
RHR/CC ensures that its subcontractors follow the right of disposal to the extent stated above. Any remuneration for this is debited to the Client. In all other events, RHR/CC is not responsible for copyright or other intellectual property rights belonging to its subcontractors. It is the duty of the Client to regulate possible additional remuneration directly with RHR/CC’s subcontractors as a result of such copyright or other intellectual property rights.
RHR/CC treats the Client’s company secrets and other company-specific information confidentially. We do not discuss our assignments with third parties without the express permission of the Client. All directors, agents and subcontractors of RHR/CC have signed a similar confidentiality agreement.
RHR/CC is not responsible for damages if RHR/CC has followed normal careful routines. RHR/CC is not responsible in any cases for indirect damage such as loss of income, loss of goodwill etc. Possible claims should be made in writing to RHR/CC as soon as the Client become aware of the circumstances on which the claim is based, and no later than 6 months after completion of the assignment.
Our liability for any damage incurred by the Client, as a consequence of an error or negligence or breach of contract on our part, is limited to 100 percent of the charged fee per assignment, third party costs excluded.
RHR/CC is discharged from liability for neglect for not completing all or parts of the assignments in the event that RHR/CC is prevented from acting by circumstances beyond its control. Such circumstances include, war, acts of war, measures taken by the authorities, new or amended legislation, labor market conflicts and similar circumstances.
Applicable Law and Disputes
These general terms and conditions and (if applicable) the engagement letter and all issues connected therewith, RHR/CC’s assignment shall be governed by and interpreted in accordance with Swedish law.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Malmö. The language to be used in the arbitral proceedings shall be Swedish.
Arbitration requested under this clause, and any information disclosed in connection with the arbitration or award issued in connection therewith, is subject to confidentiality and may not be disclosed to any third party without the other party’s express consent. A party shall, however, not be prevented from disclosing such information if required to retain his right in relation to the other party or to an insurer or in case of a disclosure obligation under mandatory law or regulations.
Notwithstanding the provisions of this arbitration clause, RHR/CC shall be entitled to file claims in relation to clear and mature debts in courts with jurisdiction over the Client or any of its assets.
Malmö, 1 January 2017