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Terms of Service

Partnership Agreement regarding partners.one 

Introduction 

  1. Welcome to the partners.one Partner Program by one.com. one.com provides partner organizations with relevant services and products in the field of website hosting and digital tools for their customers. Partners.one offers a single centralized environment that allows partner organizations to manage customer relationships and the products used by their Partners. This agreement governs the collaboration between One.com Group AB and the partner organization. The partner organization is referred to as the ‘Partner’ in this document. The following terms apply when the Partner purchases a Service from Provider on behalf of its own customers and therefore resells the Service. 

The details of the Partner are 

  1. Partner Entity name:
  2. Address: 
  3. Represented by:
  4. E-Mail:
  5. VAT: 

Article 1. Definitions

  1. The definitions in this Article apply to the terms used throughout this Agreement and shall have the meanings set forth below unless the context requires otherwise. 
  2. Account: any user interface through which the Partner gains access to the Portal after entering login details. 
  3. Agreement: This Partnership Agreement regarding partners.one. 
  4. Partner: The partner entity as detailed above. 
  5. Portal: The partners.one portal made available to the Partner through the Website to purchase Services for its customers. 
  6. Provider: One.com Group AB, Carlsgatan 3, 21120 Malmö (Sweden). 
  7. Services: The products, deliverables or similar services which may be booked via the Portal. 
  8. T&C: The terms and conditions, product terms, privacy policy and similar documents of the Provider, in their latest available version. 
  9. White-label: The resale of Services by the Partner in combination with or as part of its own products or services, without explicitly disclosing Provider as the supplier or subcontractor (for example through service descriptions or advertisements). 

Article 2. Appointment as Partner

  1. Provider offers the Partner to act as a reseller of the Services within the Portal. 
  2. This Agreement comes into effect after signature by Partner and acceptance through Provider. Provider may express acceptance in written form, for example via email, or simply by providing access to the Portal. 
  3. The Partner is permitted to resell the Services on a White-Label basis. The customers of Partner do not enter into any direct contractual relationship with Provider. The Partner remains solely responsible for their relationship with the customers.  
  4. The Partner is not authorized to resell Services to other resellers, unless otherwise agreed in writing.  
  5. Partner may not resell or advertise the Services in a way that is misrepresentative of or significantly deviates from Provider’s performance. 
  6. Unless otherwise agreed in writing, the Partner acts in its own name and at its own expense and risk when reselling. The Partner is expressly not permitted to enter into agreements on behalf of or in the name of Provider, nor to give the impression of acting as Provider’s agent or representative.  
  7. For the Term of this Agreement, the Partner is only allowed to use Provider’s name, trademarks, trade names, logos, or any other distinctive signs, in compliance with Provider’s brand guidelines and instructions for the platform. 

Article 3. Portal

  1. The Partner may only purchase Services for its customers through the Portal, unless otherwise agreed. 
  2. Provider will provide the Partner with access to the Portal through an Admin Account after the Agreement has been concluded. Provider provides access to the Account by supplying login credentials or allowing the Partner to create its own login credentials.  
  3. All Accounts and their associated login credentials are strictly confidential and may not be shared with third parties. Customers of the Partner are not considered third parties in this context.  
  4. Any action carried out through the Partner’s Account or an Account created by the Partner is deemed to have been performed under the Partner’s responsibility and risk. If login credentials are lost or leaked, or if the Partner suspects or reasonably should suspect misuse, the Partner must immediately take all necessary measures to prevent or stop misuse (e.g., by changing login credentials or blocking the Account) and report this to Provider so additional measures can be taken.  
  5. The Portal as well as any other tools provided by Provider may only be used for intended and agreed purposes. Implementation of scripts, circumvention or extension of functionality other than intended is not permitted.  

Article 4. Payment

  1. The Partner is solely responsible for the payment of all Services ordered through the Portal. 
  2. When a Service is activated by the Partner through the Portal, Provider will send an invoice via email for the amount of usage. Parameters for usage and payments are part of the General Terms and Conditions. 
  3. The payment term is 14 days. In case of repeated overdue payments or signs of limited creditworthiness, Provider may require a security deposit equivalent to 1–3 months of estimated usage.  
  4. Activated products and Services are billed monthly in arrears, around the first working day of the month, based on the usage records in the Portal. A detailed specification will be provided by the portal. 
  5. Failure by the Partner’s customers to pay the Partner does not release the Partner from its payment obligations to Provider. 
  6. If the Partner fails to meet its obligations, Provider reserves the right to suspend Services or (temporarily) deny access to the Portal. Provider will exercise this right after 30 days of non-payment.  
  7. Provider also reserves the right to request a deposit to ensure payment on time and may offset consumed products and services against it.
  8. The platform will enable fraud detection and in case of a fraud signal Provider reserves the right to pause activation of new services to conduct proper fraud analyses. 

Article 5. Support

  1. Provider will remain available to provide a reasonable level of remote support to the Partner, unless otherwise specified in the applicable SLA. 
  2. Portal support is available via a ticket system. The response time is 4 hours on business days. 
  3. Provider does not provide support to the customers of Partner, except when that is specifically agreed. When reselling, the Partner is responsible for providing support regarding Provider’s Services to its own customers. Provider will supply general end-user documentation but is otherwise not obligated to provide direct support, unless specifically agreed.  
  4. Provider will primarily contact customers through the Partner. However, in urgent cases – such as damage, abuse or nuisance caused by the Partner’s customer – Provider has the right to contact the customer directly, unless otherwise agreed in writing. 

Article 6. Usage conditions

  1. Duration of a Service is for one month or multiple months and renews automatically for the initial product term, unless terminated by Partner. It is Partner’ sole obligation to terminate any Services not used or required anymore.  
  2. Unless specifically agreed in writing, Provider does not owe any specific functionality or quality of the Services. Provider may modify, replace, or discontinue Services offered via the Portal, provided that reasonable notice is given to the Partner. 
  3. Provider reserves the right, at its sole discretion, not to fulfill any order or purchase made by the Partner through the Portal. In such case, Provider shall notify the Partner promptly. Any amounts already paid for the declined order shall be refunded to the Partner without undue delay. Provider shall not be liable for any damages or costs resulting from the non-fulfillment of such order, except for the refund of amounts paid. 
  4. The Services as well as this Agreement are subject to the Terms and Conditions of Provider (T&C). In the event of a conflict between a provision of the T&C and the provisions of this Agreement, the provisions of this Agreement shall prevail. The Partner must impose at least the same obligations on its customers as Provider applies regarding the Services. Provider may require proof of this. Provider may enforce the T&C against Partner as well as, where required, directly towards the customers.  
  5. Provider reserves the right to modify the Terms and Conditions at any time with effect for the future, unless this is unreasonable for the Partner. In such a case, Provider shall send the modified Terms and Conditions to the email address provided by the Partner at least six weeks before they take effect. Partner has the option to object to the modified Terms and Conditions within a period of six weeks after the modified Terms and Conditions have been sent. If the Partner does not object to the modified Terms and Conditions within this period, the modified Terms and Conditions shall be deemed to have been accepted by the Partner.  
  6. The Partner shall not, and shall not permit any third party to, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, ideas, or algorithms of the Services or the Portal, nor perform any similar analysis intended to discover such elements. The Partner shall also refrain from modifying, adapting, or creating derivative works based on the Services or the Portal, except as expressly permitted in writing by Provider. 
  7. Provider may put restrictions on the regions or countries in which the Services may be resold. 
  8. In the case of domain name registration, the Partner must provide confirmation records when requested by Provider.  

Article 7. Prices

  1. The use of the Portal itself is related to a general subscription.  
  2. Available products and services are priced individually or could be part of a usage bundle. 
  3. Usage bundles have a bundle price and a, per product, out of bundle price. 
  4. Discounts on standard Pricing could be based on the agreed volume.  
  5. Provider will regularly update the price table based on new products, services, and functionalities.  
  6. Usage is measured and billed monthly based on active Services. 
  7. Provider Provider may adjust the price table by giving at least 1 month notice to the admin account of the Partner via email to adjust for market conditions, inflation, or increases in the Provider’s costs of good or supplier prices, labor or energy costs, changes in applicable taxes, duties or other regulatory compliance costs that directly relate to the Services. Continued use of the Services after the effective date of the adjustment constitutes acceptance of the new prices. 
  8. All prices are exclusive of VAT. VAT will be added where applicable. 

 

Article 8. Use of third-party terms and applications

  1. Various products and services may be available in the Portal, each subject to their own specific terms. If such terms conflict with the Portal terms, the Portal terms shall prevail.  

Article 9. Term

  1. Either party may terminate this Agreement for convenience by giving the other party at least one (1) month’s written notice. Termination shall not affect any obligations accrued prior to the effective date of termination.
  2. Notwithstanding Article 9.1, either party may terminate this Agreement with immediate effect, without prior notice, if:  (a) the other party commits a material breach of this Agreement and fails to remedy such breach within fourteen (14) days after written notice; (b) the other party is declared bankrupt, applies for suspension of payments, or enters into liquidation; (c) the other party ceases its business operations or is unable to perform its obligations under this Agreement; (d) circumstances arise that make continued performance of the Agreement impossible or unlawful.
  3. Termination of this Agreement shall automatically result in the termination of all Services provided through the Portal, unless the parties have expressly agreed in writing that specific Services will continue after termination. In case of termination of the agreement by Provider due to bankruptcy or non-payment Provider will have the right to continue the services for these customers of the Partner that are willing to continue the services on the platform organized by Provider.  
  4. In the case of a termination of Provider according to Article 9.2, both Parties will consult regarding the continuation of Services. If no agreement can be reached, Provider has the right to approach the Partner’s customers and offer to continue Services directly or via another reseller. Upon Provider’s request, the Partner shall provide all necessary (contact) information for this purpose. Both Parties will observe applicable data-protection regulations, specifically GDPR. 

Article 10. Data Protection

  1. Provider may act as data-processor for Partner or their customers. Provider suggests Partner engages in a data-protection agreement with Provider according to the template provided by Provider. 

Article 11. Miscellaneous provisions

  1. Provider is entitled to transfer the contract to a third party, together with all rights and obligations. The Partner will be informed of this via the Portal or by email. In the event of a transfer, the Partner is only entitled to terminate the contractual relationship when the transfer implies a material change for the continuous delivery of services. In that case the Provider can terminate without notice and with immediate effect within one month after receipt of this information. Partner may only assign the contract to third parties with Provider’s consent.
  2. The Partner is fully liable to Provider for all actions or omissions by its customers via Provider’s Services. The Partner shall indemnify Provider against any third-party claims, including from their customers, in this respect.  
  3. Amendments and additions to this consultancy agreement must be made in writing to be legally effective; this applies in particular to arrangements concerning individual projects. A waiver of the requirement for written form must also be in writing. 
  4. Should any provision of this agreement be wholly or partially invalid or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. 
  5. The place where Provider has its registered office shall be the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship. In addition, Provider shall be entitled to take legal action against the Partner at its general place of jurisdiction. 
  6. This Agreement is governed by the laws of Sweden, excluding the UN conventions relating to the international sale of goods (CISG).  
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