Caperio is a Swedish IT company with world-class services. Our unique team spirit and uncompromising service delivery quality provide our customers with productivity and profitability.
Caperio was established in 2000. Throughout the years, our guiding principle has been to provide businesses, organizations and government agencies with the best IT infrastructure delivery in Sweden.
No matter where you are, we help you to develop a strategy that builds on your strengths, remedies any weaknesses and fully leverages all opportunities to optimize, enhance and secure your IT solution on all levels. Caperio is the leader in creating customer satisfaction in Sweden. Radar’s large survey shows that Caperio creates operational, tactical and strategic value for its customers.
Caperio provides the IT solutions of today and tomorrow. Our portfolio includes cloud services, managed services, consulting and product supply. Our wide offering enables us to meet your needs.
We believe that each business is unique. Some may benefit from moving up to the cloud, while others may benefit from a slightly more traditional solution – or even a hybrid solution.
This broad offering enables Caperio to show how IT can
best support your immediate – and future – business needs.
Welcome to Caperio.
Caperio provides the IT solutions of today and tomorrow. Our portfolio includes cloud services, managed services, consulting and product support. Our wide offering enables us to meet your needs.
We believe that each business is unique. Some may benefit from moving up to the cloud, while others may benefit from a slightly more traditional solution – or a hybrid solution.
To ensure that your business is moving in the right direction, ask the question:
“How can IT best support my immediate – and future – business needs?”
The answer to that question will help you to formulate a well-thought-out strategy. Contact us and we will help you design your infrastructure solution based on insight, economics, vision and security, as well as user needs and requirements.
Caperio has developed this offering based on standard tools from leading vendors in Workplace Services, which means that you gain access to our expertise and experience.
These services provide you with a modern workplace that is constantly evolving based on your needs and preferences and covers all parts of the life cycle. Of course you will find these services in all delivery and payment models.
- Product supply
Within Data Center, we offer comprehensive and quality-assured services combined with the best consultants in the industry.
We work with you to develop a more modern school that prepares children and young people for the opportunities of tomorrow.
Combining modern technology with effective methods improves teaching and ensures greater effectiveness.
168 66 Bromma
161 11 Bromma
Tel: +46(0)8-562 175 00
Jonas Hammargren, Business Area Manager
SECTION A – GENERAL CONDITIONS
1.1 The conditions that are stipulated hereunder in section A apply to Provided Services by Caperio to the Customer and represent an integral part of the Agreement.
1.2 In the event of any discrepancies between the General Conditions and the Main Agreement, including any annexes, the Main Agreement shall prevail.
1.3 Terms and concepts as defined in the Main Agreement shall have the same meaning in the General Conditions.
2. THE PARTIES’ OBLIGATIONS
2.1 The parties shall co-operate and confer for the good execution of Provided Services. Each party has appointed a contact person who is responsible for good co-operation in the Agreement. The authority given to the contact person to represent his or her party is specified in Annex 4.
2.2 Caperio shall execute its duties in accordance with best industry practices and such duties shall be executed in accordance with those procedures and standards that Caperio normally adheres to for such Provided Services. Caperio may call upon subcontractors in order to execute its mission in accordance with the Agreement, but nevertheless shall remain wholly responsible for subcontracted work as though for its own work.
2.3 The Customer agrees to provide any necessary information and resources at Caperio’s request and, whenever necessary, access to the Customer’s premises for Caperio to be able to execute its mission in accordance with the Agreement. The Customer also agrees to carry out any instructions given by Caperio.
2.4 The Customer further agrees that during the Agreement period and for a further period of one (1) year from the termination of the Agreement it will not actively employ or in any other manner solicit any person who is employed by or who has carried out work for Caperio in relation to Provided Services or similar in the last twelve (12) months. In the event that the Customer should breach this provision, the Customer shall be liable to pay Caperio an indemnity of two hundred thousand (200,000) Swedish Krona for each person concerned.
3. REMUNERATION AND PAYMENT
3.1 The Customer shall remunerate Caperio for Provided Services in accordance with the prices given in Annex 2. None of the prices include VAT.
3.2 Unless Annex 2 stipulates otherwise, Caperio is entitled to invoice the Customer for Provided Services on a monthly basis for the previous month. The Customer shall make payment thirty (30) days after the issue date of the invoice at the latest. In the event of late payment, Caperio is entitled to charge interest on arrears in accordance with current legislation and to be reimbursed for any payment reminders and debt collection costs.
3.3 In the event that the Customer is in arrears of payment, and that Caperio has requested in writing that the Customer make payment of the sum due, Caperio may suspend Provided Services thirty (30) days after the aforementioned communication. In the event that the Customer should be in arrears of payment for longer than sixty (60) days from the date of issue of any such communication, Caperio is entitled to suspend the Agreement with immediate effect.
3.4 Caperio shall be entitled to request renegotiation of the prices given in Annex 2 or, in the previous case, Annex 3, at the end of every calendar year. If the Parties cannot reach agreement on new prices, the existing prices shall stay in effect, but with adjustments based on Statistics Sweden’s (Statistika centralbyrån) labour cost index (AKI).
3.5 Caperio is entitled to raise prices with immediate effect if the increase is a direct consequence of a change in taxation or of similar circumstances beyond Caperio’s control and which may affect costs incurred by Caperio for Provided Services.
4.1 In the relationship between the Customer and Caperio, the Customer retains full rights over that documentation which the Customer makes available to Caperio for the execution of Provided Services. Caperio disposes of such documentation covered by the Agreement only to the extent that it is necessary for Caperio to respect its obligations in accordance with the Agreement.
5.1 Provided that nothing contrary is stipulated in the Agreement, Caperio can be held liable if Provided Services are not conducted in accordance with best industry practices or deviate from that which was agreed upon and when the Customer is in no way to blame for such.
5.2 Caperio is entitled to correct such shortcomings within a reasonable time. If this is not the case, the Customer is entitled to request in writing that Caperio corrects such shortcomings within a reasonable time, which nonetheless shall be thirty (30) days at least. If no such corrective action is taken within such a reasonable time, the Customer is entitled to a reasonable deduction of the cost of the affected service, notwithstanding that point 10 below is applicable.
5.3 The Customer cannot claim that there was a shortcoming if the Customer did not notify Caperio in writing within a reasonable time after the Customer first noticed or should have noticed the shortcoming, which nonetheless cannot be later than six (6) months after the shortcoming first occurred.
5.4 Provided that the shortcoming was not intentional or due to gross negligence, Caperio’s liability for the shortcoming is limited as stipulated in point 10.
6.1 The Customer shall ensure, and shall not hold Caperio liable if otherwise, that Data that is processed for Provided Services does not infringe a third party’s property rights or in some other way infringe legislation in force.
6.2 The Customer shall ensure that (i) Data is free from malevolent programs or code and (ii) Data in no other way shall harm or have a negative effect on Caperio.
6.3 The Customer is responsible for all Data that is used or processed for Provided Services, including, but not necessarily limited to, the quality and suitability of the Data. Caperio’s responsibility for the Data is limited to Data that is corrupted by any such processing by Caperio.
6.4 In the relationship between Caperio and the Customer, the Customer has all property rights to the Data. Caperio only has the right, to the extent that it is necessary, to use the Data for Provided Services in the framework of the Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Caperio agrees not to hold the Customer liable for any claims from a third party which allege that the Customer’s use of Provided Services is an infringement of a third party’s intellectual property rights. Caperio’s responsibility presumes however that the Customer has used Provided Services in accordance with the Agreement.
7.2 Caperio’s liability to the Customer in the case of infringement of a third party’s intellectual property rights is limited to that which is stipulated in point7 herein.
7.3 The Customer agrees not to hold Caperio liable for claims from a third party based on the running of software belonging to, hired by or leased by the Customer within the framework of Provided Services.
8. HANDLING OF PERSONAL DATA
8.1 It is the Customer’s responsibility to ensure that the handling of personal data is in accordance with legislation in force. Concerning personal data that is processed within the framework of the Agreement, the Customer is the data controller and Caperio is the personal data processor.
8.2 Caperio agrees to handle personal data only in accordance with the Agreement and the Customer’s instructions. Caperio shall take the appropriate technical and organisational precautions to protect personal data from unauthorised access, destruction or corruption as well as to handle personal data in conformity with the Personal Data Act (1998:204) and other applicable legislation.
9. FORCE MAJEURE
9.1 Caperio is not bound to respect its obligations if prevented from doing so due to strikes, other industrial disputes, disease, natural disasters, rupture or shortage of supplies, wars, public disorder or riots, legal prohibitions, shortcomings or delays in deliveries from subcontractors due to the aforementioned circumstances. In the event that circumstances described in point 9.1 herein persist longer than three (3) months and thereby affect the execution of the Agreement considerably, each party is fully entitled legally and without liability to the other Party to terminate the Agreement in writing and with immediate effect.
10. LIMIT OF LIABILITY
10.1 Provided that a shortcoming was not intentional or due to gross negligence, Caperio’s civil liability is limited to direct damages and to the sum total of 15% of annual charges for Provided Services. Caperio cannot be held liable for indirect damages, lost profit, harm to third parties or any other consequential damages.
10.2 Caperio is not liable for any Customer loss of Data or information.
10.3 The Customer shall, in order not to lose entitlement to damages, lodge a claim for damages in a reasonable time from when the Customer discovers or should have discovered the reason for such a claim, which nevertheless cannot be later than six (6) months after any harm is caused.
10.4 Other consequences arising from shortcomings or a fault on the part of Caperio, other than that stipulated in the Agreement, cannot be taken into consideration.
11. EARLY TERMINATION
11.1 Both Parties are entitled to terminate the Agreement with immediate effect if (i) the other Party fails to respect its main obligations as defined in the Agreement and does not take steps to rectify the problem within thirty (30) days after receiving written notice thereof, or (ii) the other Party is declared bankrupt, enters into liquidation, undertakes company restructuring, withholds payment or can be deemed to be at fault in any other way.
11.2 Should the Agreement be terminated by Caperio due to an infringement of the Agreement by the Customer, Caperio shall be entitled to compensation which shall include a sum for work carried out and related costs, as well as for any harm done to Caperio as a result of contract termination, which shall include lost profit and compensation to Caperio’s subcontractors or other third parties.
11.3 On termination of the Agreement in accordance with point 11.1, the Customer is not entitled to reimbursement of any advance payment credits after termination of the Agreement.
12.1 The Parties agree that during the Agreement period and for a further period of three (3) years thereafter they will keep secret and not reveal to a third party any confidential information that the Parties have obtained from each other in connection with the Agreement. Confidential information covers spoken, graphic, electronic or any other form of information, including but not necessarily limited to technical and business information, industrial secrets and any form of information of a sensitive nature from a technical, commercial or business perspective, whether stamped or declared confidential or not. The duty of secrecy does not extend to information that the Parties can show to have obtained other than in the execution of this Agreement or which is general knowledge. The duty to secrecy does not extend either to cases where the Parties are obliged by law to disclose such information.
13. BUSINESS ETHICS PLEDGE
13.1 Caperio agrees in its business activities to adhere to the principles of business ethics that are in agreement with the Swedish IT & Telecom Industries’ basic principles of business ethics.
14.1 The Customer acknowledges that Caperio may use the Customer’s name, trademark and logo as a reference and for marketing purposes.
15.1 Communications, in accordance with the Agreement, shall be in writing, sent by registered letter to the Parties’ addresses as given in the preamble of the Main Agreement and addressed to the appointed contact person. Notice shall be considered to have been delivered to the other party three (3) days after sending.
16. amendments and additions
16.1 The Agreement replaces all previous verbal or written agreements and discussions concerning Provided Services.
16.2 Amendments and additions shall be in writing and signed by authorised representatives of both parties in order to be valid.
17.1 The Customer may not transfer the Agreement without Caperio’s written approval.
18.1 The Agreement comes under Swedish jurisdiction. Disputes concerning the Agreement shall be arbitrated by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) in accordance with its Expedited Arbitration Procedure, unless the SCC deems that the complexity of the case, the sum in dispute and other circumstances necessitate that the full arbitration procedure should apply. The arbitration procedure shall take place in Stockholm and the language used in the procedure shall be Swedish. The arbitration body, the Parties and their legal representatives shall respect secrecy during the arbitration procedure and in all matters relating to it. The Parties shall ensure that witnesses and experts called by them sign a specific secrecy agreement.
SECTION B – cloud computing
1.1 The conditions that are stipulated hereunder in section B are applicable, in addition to section A, to that part of Provided Services that constitute Cloud Computing. In the event of any discrepancies between the conditions in section A and section B, section B shall prevail.
2. the parties’ obligations
2.1 Caperio shall, from the agreed Starting Date for cloud services, make Cloud Services available.
2.2 Caperio must ensure that Cloud Services are available via the Internet from the agreed Starting Date for cloud services. The Customer is responsible for its own Internet connection as well as for the equipment and software programs that are required to use Cloud Services. Caperio shall have issued, in due time, all guidance notes that are required for the Customer to be able to use Cloud Services.
3. USE OF CLOUD SERVICES
3.1 Caperio grants the Customer herewith a non-exclusive right to use Cloud Services without limitation for its activities within the framework of the Agreement.
3.2 The Customer is responsible for declaring who is authorised to use Cloud Services. In the event that a User is not considered authorised, the Customer shall communicate this in writing to Caperio. The Customer is responsible for use made of Cloud Services by Users.
3.3 The Customer shall ensure that log-in and other necessary information is treated in a confidential manner in accordance with section A, point 12. The Customer shall immediately notify Caperio in the event that an unauthorised person gains access to log-in information or other necessary information that Caperio has provided for access to Cloud Services. The Customer shall also notify Caperio in writing if a User should be removed or added.
4. THIRD-PARTY PRODUCTS
4.1 For Third-party Products that are part of Cloud Services, the same conditions shall apply as for the Service Provider. In the event that the Service Provider modifies pricing or other conditions for Third-party Products that are part of Cloud Services, Caperio is entitled to adjust its prices and conditions concerning the Third-party Product in question with thirty (30) days’ notice.
4.2 Caperio shall provide that version of the Third-party Product as stated in the Agreement. Caperio issues updates or new versions of Third-party Products which are provided by the Service Provider for maintenance purposes if such is deemed possible without risk for Cloud Services or any part thereof.
4.3 If shortcomings are present in a Third-party Product, and nothing else has been agreed between the parties, Caperio shall notify the Service Provider of the problem and follow up the issue as well as install the solution delivered by the Service Provider of the Third-party Product, provided that this can be done without any negative impact on Cloud Services. Charges as per the price list in effect at any given time are based on the work that Caperio must undertake in accordance with point 4.3 herein.
4.4 Provided that the shortcoming is not intentional or due to gross negligence, Caperio’s liability for shortcomings in Third-party Products is limited as stipulated in point 4 herein.
5.1 Caperio is entitled to take measures that may affect accessibility to Cloud Services if necessary due to technical, maintenance or security reasons. Caperio shall take such measures with precautions such that any disruption to services is limited. The Customer shall be notified in due time before such measures which shall be scheduled to take place outside normal working hours if possible.
5.2 Caperio’s liability for shortcomings in Cloud Services does not include (i) shortcomings caused by the Customer’s attempted modifications of or tampering with Cloud Services, (ii) viruses or other external attacks, provided that Caperio has protected
Cloud Services against such attacks in accordance with best industry practices, (iii) shortcomings that are without importance for Cloud Services’ intended use and/or which are not a nuisance for the Customer, or (iv) other circumstances that the Customer or a third party are responsible for or which are beyond Caperio’s control.
5.3 Provided that the shortcoming was not intentional or due to gross negligence, Caperio’s liability for shortcomings in Cloud Services is limited as stipulated in point 5 herein and in Annex 1, including sub-annexes.
6. RESPONSIBILITY FOR DELAY
6.1 If the agreed Starting Date for cloud services is delayed by two (2) weeks and such a delay is not due to the Customer or circumstances described in section A, point 9, the Customer is entitled to compensation. The Customer is entitled to 0.5% of the calculated prices for Cloud Services calculated from the third day of the delay week. The total sum cannot however exceed 10% of the prices.
Should such compensation attain 10% of the prices, the Customer is entitled to cancel the Agreement in a written communication to Caperio thereupon. Point 6.1 herein has sole bearing concerning the Customer’s entitlement to compensation for a delay in Cloud Services.
6.2 Should the delay be caused by circumstances that are due to the Customer, or any events on the Customer’s side, Caperio is entitled to compensation for costs arising from such circumstances, including dismantling time.
7.1 On termination of the Agreement, all electronic copies of Data and Customer Programs shall be returned to the Customer if appropriate. Caperio shall delete or make such Data anonymous after its return.
7.2 Charges as per the price list in effect at any given time are based on the work that Caperio must undertake in accordance with point 7.1.
SECTION C – operations services
1.1 The conditions that are stipulated hereunder in section B, in addition to section A, are applicable to that part of Provided Services that constitutes Operations Services. In the event of any discrepancies between the conditions in section A and section C, section C shall prevail.
1.2 The following points in section B shall also apply to Operations Services:
– Point 4 – Third-party products
– Point 5 – Liability
– Point 6 – Responsibility for delay
2. THE PARTIÉS OBLIGATIONS
2.1 Caperio shall, from the agreed Starting Date for operations Services, make Operations Services available.
2.2 The Customer is responsible for its own Internet connection as well as for the equipment and software programs that are needed to use Operations Services. Caperio shall issue, in due time before the Starting Date for operations, all guidance notes that are required for the Customer to be able to use Operations Services.
2.3 The Customer shall grant Caperio access to all premises, equipment, systems and program products that belong to the Customer and which are necessary for Caperio to be able to fulfil its obligations in accordance with the Agreement.
3. START-UP OPERATIONS
3.1 Caperio shall establish an activity plan for Caperio’s start-up of the Operations Objects. The activity plan shall include, among other things, a preliminary study, tests and scheduling.
3.2 In due time before the agreed Starting Date for operations, the Parties shall examine together the Customer’s operations and operator’s instructions in accordance with the activity plan.
4. THE RISK FOR EQUIPMENT, SOFTWARE PROGRAMS AND DATA
4.1 The Customer bears the risk for the Customer’s Software Programs and Data. Caperio bears the risk for Caperio’s software programs which are the property of, or licensed by a third party to, Caperio and for equipment which is the property of, hired by or leased by Caperio.
5.1 On termination of the Agreement, the Customer’s Software Programs and Data shall immediately be returned to the Customer or to a party designated by the Customer. Caperio shall also, within reason, assist the Customer with the transfer of operations from Caperio to the Customer’s designated service provider in order to ensure that the transfer takes place with as little disruption as possible for the Customer.
5.2 Charges as per the price list in effect at any given time are based on the work that Caperio must execute in accordance with point 5.1.
SECTION D – maintenance
1.1 The conditions that are stipulated hereunder in section D are applicable, in addition to section A, to that part of Provided Services that constitutes Maintenance Services. In the event of any discrepancies between the conditions in section A and section D, section D shall prevail.
2. THE PARTIÉS OBLIGATIONS
2.1 Caperio shall from the agreed Starting Date for maintenance execute Maintenance Services in accordance with that which is stipulated in the Agreement.
2.2 Maintenance Services shall be available during Caperio’s normal working hours.
2.3 Caperio’s obligations for the execution of Maintenance Services for Third-party Products is limited to that extent stipulated in section B, point 4 above, together with that which is stipulated in Annex 1, including sub-annexes. Above and beyond this, Caperio has no liability for the execution of Maintenance Services for Third-party Products.
2.4 Caperio’s obligations do not cover shortcomings caused by:
(a) The Customer’s use of the Maintenance Object with equipment, accessories or software programs which Caperio has not approved and which in some way modify the functionality of the Maintenance Object;
(b) Attempted modifications of or tampering with the Maintenance Object by the Customer without Caperio’s approval or due to the Customer’s negligence;
(c) Viruses or other external attacks, provided that such is not due to negligence on the part of Caperio; or
(d) Third parties.
2.5 If a new update of a software program causes modifications in another Maintenance Object, Caperio’s liability does not cover such changes in the other Maintenance Object.
2.6 If the Maintenance Object needs corrective maintenance, the Customer shall describe the problem in detail when requesting such maintenance.
SECTION E – Products
3.1 The conditions that are stipulated hereunder in section E, in addition to section A, are applicable to that part of Provided Services that constitutes Products. In the event of any discrepancies between the conditions in section A and section E, section E shall prevail.
3.2 The Sales of Goods Act (1990:931) shall not be applicable to the purchase of Products in accordance with the Agreement.
4. THE PARTIES’ OBLIGATIONS
4.1 Provided that nothing else has been agreed, Products are delivered EXW as defined by INCOTERMS 2010 from Caperio’s or a subcontractor’s storage facility.
4.2 Caperio arranges transport including unlimited cover insurance on behalf of the Customer and chooses the most suitable means of transport.
4.3 The Customer shall repay Caperio for transport and delivery costs unless some other agreement has been reached. Express or courier delivery, as well as transportation of special orders or bulky goods, is available and agreed upon separately.
5. RESERVATION OF TITLE
5.1 Products shall remain the property of Caperio until full payment has been made to Caperio. The Customer agrees to take care of Products and not to make any modifications to them without Caperio’s approval until transfer of reservation of title to the Customer.
6. SOFTWARE PROGRAM PRODUCTS
6.1 The Customer shall sign the required licence agreement with the software program provider for use of a software program that is part of Products or other software programs that Caperio has made available. Use is under the terms and conditions of the licensing agreement between the Customer and software program provider.
7.1 Products are third-party products and Caperio cannot guarantee or be liable for such products, and the Customer waives the right to hold Caperio liable for the functionality and performance of such Products. Caperio shall not be liable for any information communicated by a manufacturer or anyone else other than Caperio.
7.2 Caperio offers Products with the same warranties as the manufacturer offers Caperio or, in some cases, as the manufacturer offers the Customer directly. Caperio therefore does not offer its own warranty on Products but only the manufacturer’s warranty liability in those cases where Caperio is entitled to transfer a warranty claim to the manufacturer in accordance with their warranty conditions at that time and covering the manufacturer’s undertakings and procedures in those cases where Products do not work at the time of delivery, otherwise called DOA (”Dead On Arrival”). The Customer may not make a warranty or other liability claim for such against Caperio. The warranty period is not extended by the amount of time it may take Caperio to execute corrective actions or make a replacement delivery unless some other agreement has been reached.
8. RETURN OF PRODUCTS
8.1 The Customer is entitled to return Products in accordance with the conditions stipulated in point 8.1 herein. The Customer shall notify Caperio that it wishes to return Products within five (5) days of reception. Should the return be accepted, the Customer is given a return number and return instructions by email. The return shall be made within 10 work days after Caperio issues a return acceptance. The return can only be made if Products are returned to the address indicated by Caperio, undamaged and unused and in their original packaging. All return costs are paid by the Customer.
8.2 Caperio applies a return charge per order as per the price list in effect.
8.3 In the case that the Customer has signed a separate licensing agreement with a software program provider for the use of a software program, it is possible that the conditions of return are stipulated in the licensing agreement.
8.4 The Customer is not entitled to return Products that are ”built to order” or configured in accordance with the Customer’s specification or which are normally non-stock items.