1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) are entered into by and between Moody Media AB, VAT: SE559287147801, Mariehällsvägen 37A, 16865 Bromma, Sweden (the “Company”), and the entity or individual (“Customer”) placing an order for services via Moodymedia.io. The Company and the Customer are individually referred to as a “Party” and collectively as the “Parties.” These Terms govern the rights and obligations of the Parties with respect to the provision of services by the Company.
1.2 These Terms, together with the order (including any appendices or additional documents incorporated therein), constitute the entire agreement between the Parties (the “Customer Agreement”). The Customer Agreement becomes effective on the date the Customer places an order through the Company’s designated platform or communicates an order directly to a Company representative (the “Effective Date”).
1.3 These Terms apply to all services provided by the Company to the Customer, including but not limited to digital marketing services, content creation, link building, and any related activities, regardless of the ordering method.
2. SUBCONTRACTORS
2.1 The Company reserves the right, at its sole discretion, to engage subcontractors or third parties to perform and deliver, in whole or in part, the services under the Customer Agreement on its behalf.
3. ADDITIONAL SERVICES
3.1 The Customer may order additional services (“Additional Services”) from the Company. The specific terms, conditions, delivery, and pricing for any Additional Services shall be agreed upon separately by the Parties in writing, whether via the designated ordering platform, email, or by phone.
3.2 Unless expressly stated otherwise in any separate agreement pertaining to Additional Services, these Terms shall also apply to such services.
4. PRICING
4.1 The Customer agrees to pay the prices as set forth in the order. All prices are stated exclusive of VAT and other applicable taxes, unless explicitly stated otherwise. The Company may revise its pricing and pricing model at any time without prior notice.
5. PAYMENT TERMS
5.1 Payment for each invoice is due within eight (8) days from the date of receipt, unless otherwise agreed in writing. In the event of late payment, the Company is entitled to charge default interest in accordance with applicable Swedish law.
5.2 If a service cannot be rendered due to reasons beyond the Company’s control—including issues arising from third parties—the Customer will be issued a credit note for the corresponding amount, unless the Parties have mutually agreed in writing to alternative arrangements.
5.3 The Company will notify the Customer promptly in the event of non-delivery of any service and provide details regarding any credit issued.
6. ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTIES
6.1 The Customer acknowledges that the delivery of services is based on the information provided by the Customer.
6.2 The Customer represents and warrants that all information provided to the Company is accurate and complete. The Company shall not be held liable for any errors or omissions in the Customer-provided information.
6.3 The Company does not guarantee that the provision of its services will result in increased revenue, website traffic, or any other specific outcome for the Customer.
7. USE OF TRADEMARKS
7.1 Each Party retains sole ownership of its names, trademarks, and logos. The Company may, however, use the Customer’s name and trademarks for marketing purposes subject to prior written consent if required.
8. INDEMNIFICATION
8.1 The Customer agrees to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from third-party claims related to the use of information provided by the Customer or due to any negligent or willful misconduct on the part of the Customer.
9. LIABILITY AND LIMITATION OF LIABILITY
9.1 The Parties’ liability for direct damages shall be governed by applicable Swedish law.
9.2 The Customer shall not use the Company’s platform or services as a source for compiling lead lists. Unauthorized use may result in permanent suspension of access and, where applicable, the Customer shall be liable for any demonstrable losses incurred by the Company.
9.3 The Company shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, loss of time, or costs incurred in connection with the investigation or remediation of defects.
9.4 The Company disclaims any liability for the accuracy or validity of the information provided by the Customer.
9.5 In any event, the Company’s total liability shall be limited to the value of the order in question.
10. CONFIDENTIALITY
10.1 Each Party agrees to treat as confidential all information received in connection with the Customer Agreement that relates to the agreement’s terms, the Company’s platform, or any proprietary or sensitive information disclosed by the other Party.
10.2 The obligation of confidentiality shall commence upon the disclosure of such information and continue for five (5) years following the termination of the Customer Agreement.
10.3 Notwithstanding the foregoing, either Party may disclose confidential information if required by applicable law, a court order, or with the prior written consent of the other Party, or for the purpose of enforcing its rights or complying with legal obligations.
11. FORCE MAJEURE
11.1 Neither Party shall be held liable for any failure or delay in the performance of its obligations under the Customer Agreement due to events beyond its reasonable control (“Force Majeure Event”), including but not limited to natural disasters, strikes, cyber-attacks, power failures, industrial disputes, or other similar events.
11.2 The affected Party shall promptly notify the other Party in writing, providing details of the Force Majeure Event, its impact on performance, and an estimate of its duration.
11.3 The affected Party shall take all reasonable measures to mitigate the impact of the Force Majeure Event and resume performance as soon as practicable.
11.4 Once the Force Majeure Event has ceased, the affected Party shall immediately resume its obligations under the Customer Agreement.
12. USE OF DATA
12.1 The Customer agrees that the Company may collect and utilize data from the Customer’s digital properties for the purpose of ensuring that the delivered services meet the Customer’s branding, content, and quality requirements. Such data shall be processed in accordance with the Company’s privacy policy and all applicable data protection laws.
13. GOVERNING LAW
13.1 The Customer Agreement shall be governed by and construed in accordance with Swedish law, without regard to any conflict of laws principles.
14. VENUE
14.1 Any dispute arising out of or in connection with the Customer Agreement shall be submitted to the competent courts in Sweden, with the court having jurisdiction over the area where the Company’s registered office is located serving as the court of first instance.
By placing an order, the Customer confirms acceptance of these Terms and agrees to be bound by all provisions contained herein.