Terms of Use

By using the Supplier Portal, you accept the following Terms and Use. Note that this text is translated from Swedish and that the original text is used in any legal matters.

1 Definitions

The User referred to is the person and the company that the User represents that are using the Supplier Portal. The System Supplier referred to is the party with technical responsibility for the Service; Primona AB (556583-2374), Vasagatan 50, 111 20 Stockholm, Sweden. The Customer referred to is the company, organisation or authority that handles e.g. enquiries, management of the agreement, management of the price list, orders and invoices, through the Supplier Portal.

2 Scope of Base Functionality

The Base Functionality consists of all those functions available free of charge. The Base Functionality also includes functionality available without logging in. The Base Functionality may be subject to change as the Supplier Portal is undergoing continual improvement.

3 The right to use the Service

The right to use the Base Functionality in the Supplier Portal is granted until further notice. The User has the right to unregister at any time. The System Supplier has, on their own initiative or on a Customer’s initiative, the right to disconnect a User from the system, if the User does not follow the Terms and Conditions of the Service.

3.1 Unethical Use

The System Supplier has the right to immediately deactivate a User’s account should he/she write or upload illegal or unethical material that is e.g. explicit, offensive, insulting, threatening or obscene, or that is designed to violate or disparage other Users or companies. Serious abuse of the Supplier Portal will be reported to the police.

3.2 This occurs at suspension

If the User uses the Supplier Portal in a way other than described under paragraph 2 or disobeys the Terms of Use or in another way abuses the use of the Supplier Portal, the System Supplier has the right to close the User's account and terminate access to the Supplier Portale. It will then no longer be possible to log on. The User will be informed about such a suspension and the reason thereto, in a separate email to the User.

3.3 Further Sale of Information

Public information that the User can download through the Supplier Portal can be meditated to a third-party free of charge. However, the information may not be further sold to a third-party without the System Supplier’s approval.

4 Limited Responsibility

4.1 Accuracy of the Information

The information about e.g. procurements and orders that is provided through the Supplier Portal is in accordance with the information provided by the Customer. The System Supplier does not check the accuracy or the completeness of the information and disclaims all responsibility as regards making such checks. The System Supplier only corrects information on behalf of the Customer.

The System Supplier shall not be responsible for any direct or indirect damage or consequential damage related to the Supplier Portal, including loss of profit or similar, even if the System Supplier was informed about the possibility of such a loss.

4.2 Feedback about Inaccurate Information

Inaccurate information found by the User shall primarily be communicated to the Customer, and then secondly to the System Supplier, as soon as the inaccuracy is found by the User.

4.3 Delivery of email cannot be guaranteed

Delivery of email sent from the system cannot be guaranteed to reach the end User, as email may be caught up in spam-filters or not forwarded for other reasons outside the control of the System Supplier. The System Supplier disclaims responsibility for email that has not arrived. The User is responsible for regularly logging in and checking if any changes have been made in a case, e.g. while waiting for the contract award decision.

4.4 Complete monitoring cannot be guaranteed

The System Supplier cannot guarantee complete coverage for new procurements, when using the monitoring service for new procurements. The system cannot automatically handle synonyms, alternative terms, does not take into consideration incorrect category codes such as CVP or NUTS or any potential misspellings in the procurement text. The Supplier Portal does not filter out irrelevant procurements that incorrectly match the monitoring settings. The System Supplier shall not be held responsible for any lost business opportunities in use of the Supplier Portal, e.g. due to missed email notifications, non-delivered email notifications, or incorrect filtration.

4.5 Third-Party Products

The System Supplier is not responsible for and cannot remedy errors that occur in third-party products such as web browsers, office software products, document readers or similar. The recommended web browser is the latest version of:

Microsoft Internet Explorer / Edge
Google Chrome
Mozilla Firefox

A User experiencing a problem in the Supplier Portal should first check that they are using one of the recommended browsers before contacting Technical Support.

4.6 User Authentication

The User is responsible for providing his/her true identity him/herself as a legally valid representative for the organisation she/he claims to represent. Deliberately providing incorrect information may result in the User being banned from using the Supplier Portal. Abuse of the Supplier Portal can result in a report being made to the police.

4.7 Secure Password

The User is solely responsible for selecting a secure password.

5 Security, Availability and Data Management of the Service

5.1 Disruptions to Service

The Supplier Portal is available around-the-clock apart from scheduled maintenance. Scheduled maintenance will be notified on the Supplier Portal news page. In addition to scheduled maintenance, the System Supplier reserves the right to implement urgent maintenance and modifications at any time and without advance notice. However all such maintenance is implemented in the best possible way so as to affect the use of the Supplier Portal as little as possible.

As a consequence of the above, the User shall:

Pay attention to information about planned maintenance on the news page for the Supplier Portal.
Submit tenders in good time.

5.2 Confidentiality

5.3 Copyright and IP rights

The System Supplier has the right to use information provided by the User, provided such information is considered to be public information. In case of public procurements the common practice is that information is public as soon as the award decision has been made, except for classified information.

Kommers and its logo are trademarks that shall not be reproduced, published, distributed or in any another way used, without written consent from the System Supplier. The System Supplier retains, under all circumstances, the ownership, copyright and any other intellectual property rights to the system and its websites.

5.4 Reference to the original resource

If public information is retrieved from the Supplier Portal to another service or website it should clearly state that the source for the information is Kommers and give the exact shortcut (URL) to the source of the information. If this is overlooked there is a risk that the tenderer doesn’t receive updated information on an ongoing public procurement. The System Supplier disclaims all responsibility for information that is taken from the Supplier Portal that the User finds on a third-party’s website.

5.5 Logging

All User activities in the Supplier Portal are logged in order for the System Supplier to track errors. To guarantee confidentiality in procurement customers do not have access to these logs. If a legal dispute should occur between a User and a Customer, the System Supplier may need to hand over system logs about the User to the Customer e.g. in an appeal case. However, system logs are never exposed during an ongoing procurement.

The System Supplier uses statistics in a composed/aggregated form as regards Users/traffic and traffic suppliers. Such statistics never contain any personal information. When a User registers on the Supplier Portal some of the information about the User is logged and stored as a security precaution.

5.6 Cookies

The System Supplier uses cookies to improve user experience of the Supplier Portal and to personalise some of the content. A cookie is a small text file that is sent from the Supplier Portal’s web server, to be saved in the User’s web browser. Cookies help the Supplier Portal remember that you visited the website earlier.

Users can delete cookies from their hard drive at any time, however this will delete personal settings in the Supplier Portal. Users can change the settings in their web browser so that cookies are not stored on the hard drive. However, this will limit the functionality of some pages in the Supplier Portal and cause some functions to be unavailable.

5.7 Privacy

To use the Supplier Portal the User must register with the correct company information including Corporate Identity Number and email address.

The User is responsible for ensuring this information is correct and up-to-date. By using the Supplier Portal the User accepts that the information is used to inform the Customer about the User, their contact details, possible record of invoice payment, and information about product/service offer.

The System Supplier will not disclose any information to a third-party without approval from the User. An exception being when the law requires disclosure of information.

5.8 Personal Data

Information about Trafikverkets's processing of personal data can be found at https://www.trafikverket.se/gdpr.

5.9 Changes

The System Supplier reserves the right to make changes to the Supplier Portal configuration and its functionality. Furthermore, the System Supplier has the right to make changes to the Terms and Conditions of the Supplier Portal as well as the technical and administrative routines that apply. Such amended conditions will take immediate effect. Current Terms and Use can always be accessed within the Supplier Portal.

5.10 Links to Other Services

Some functions in the Supplier Portal further link to other external services. These services may have different Terms and Use.

5.11 Force Majeure

If the System Supplier is prevented from fulfilling its obligations according to the Terms and Use because of circumstances beyond control of the party, e.g. lightning, labour dispute, power cuts, fire, government regulations, system failures or lack of availability of external work, this shall constitute relief that entails postponements of time for delivery and exemption from fines or other possible penalties.

6 Cost of the Service

6.1 Cost of Base Functionality

Use of the Service’s Base Functionality is free of charge.

6.2 Cost of Extended Services (not applicable)

6.3 Access to Technical Support

The User of the Supplier Portal has access to Technical Support. Questions for Technical Support can be sent via the contact form (Contact us) which is a part of the Supplier Portal. Questions are answered as soon as possible.

Please note that Technical Support cannot answer questions regarding the content of procurements or other information that is provided by the Customer. For these questions please contact the Customer directly. During an ongoing procurement, or application, use the "Questions and Answers" function available in the Service until the last day for questions, as indicated in the notice information. If other dates or contact channels are indicated in the contract documents, the Customer must be contacted in accordance with those instructions.

7 Terms of Use for Extended Services (not applicable)

7.1 Terms of use for Extended Services (not applicable)

7.2 Promotional Campaigns (not applicable)

7.3 Transfer of Extended Services (not applicable)

8 Legal Disputes

Disputes regarding interpretation or implementation of the Terms and Use shall be determined by a Swedish court under Swedish law, which in the first instance will be Stockholm District Court.