IN THE INTERNATIONAL EPD® SYSTEM
VERSION: 2024-05-21
INTRODUCTION
This Service agreement apply for the Customer’s (as defined below) EPD registrations and other services provided by EPD International AB, address Box 21060, 100 31 Stockholm, Sweden. The term EPD is defined below.
The “Customer” is defined as a company or association who wants to register EPD(s) under the International EPD System or who wants to use the other services governed by this Service agreement . The term Customer also includes companies or associations who have dual EPD registrations, thus EPD registrations provided by programme operators with whom EPD International AB has entered into mutual recognition agreements that allows the Customer to register EPDs in two or more EPD Programmes. Customers having such dual EPD registrations need to sign a declaration of consent issued by EPD International AB, and to accept this Service agreement as well as the General terms for use of data network issued by EPD International AB.
The Customer and EPD International AB are individually also referred to as “Party” and collectively “Parties”.
An “EPD” (Environmental Product Declaration) is an environmental product declaration that provides objective, third-party verified and comparable information made under the International EPD System, held and operated by EPD International AB. Such EPDs may be registered in all countries except for countries and where EPD registration is handled via a regional partner (also referred to as licensee) assigned by EPD International AB. See www.environdec.com for current information and contact details to licensees.
The registration of EPDs and other services are subject this Service agreement . By marking the check box upon finalization of the registration of the user account in the EPD Portal the Customer accepts this Service agreement without restriction and reserve.
DESCRIPTION OF EPD OWNERSHIP, LEGAL FRAMEWORK
Following the procedure set out in the General Programme Instructions (“GPI”) of the International EPD System, a company or association may be classified as an EPD owner under the International EPD System.
The International EPD System is open for EPD registration from all countries, however with the exceptions due to sanctions or other international trade controls or restrictions.
The scope of the EPD registration services provided by EPD International AB is detailed in the currently applicable General Programme Instructions of the International EPD System, by this Service agreement as well as the applicable Product Category Rule (“PCR”) for the EPD(s) included by this Service agreement. The Customer may use regular accounts or global accounts under a separate Global account agreement with EPD International AB, for its EPD registrations.
The Customer undertakes to comply with the terms and conditions under this Service agreement and the from time-to-time applicable GPI and applicable PCR(s). The Customer understands and accepts that its registered EPD(s) may be deregistered by EPD International AB if the Customer does not comply with the set terms and conditions.
As regards terms applicable for the use of the Data Network of the EPD International System (i.e. the EPD International data network available at www.environdec.com and all subdomains and related services, such as but not limited to www.data.environdec.com, www.portal.environdec.com, EPD Library, PCR Library) reference is made to the General terms for use of Data Network. Each user of the Data Network needs to accept the General terms for use of Data Network to access the Data Network.
It is further noted that this Service agreement may be supplemented by a Global account agreement by EPD International AB and the Customer, as described above.
This Service agreement replace any previous agreement or general terms by the Parties relating to EPD registrations or other services under the International EPD System, such as but not limited to any previous service agreement for EPD publication or EPD registration form etc.
INFORMATION ABOUT THE CUSTOMER, AUTHORIZED PERSONS AND PAYMENT DETAILS
The Customer shall in the EPD Portal identify the persons authorized to represent the Customer in the processing of the International EPD System as account manager, such persons thus being authorized to represent the Customer in the provision of information regarding EPDs and the account manager. The Customer shall include contact details to such authorized persons in the EPD Portal and keep the information provided up to date as regards any changes of said information.
Moreover, the Customer shall in the EPD Portal include invoicing address and VAT number of the Customer. For the avoidance of doubt, such information shall not be to a consultant or verifier of EPD(s). The Customer shall keep the contact information as provided in the EPD Portal upon registration up to date as regards any changes of said information.
DOCUMENTATION FOR REGISTRATION OF EPD
The Customer shall submit documentation as requested by EPD International AB for EPD registration and publication in accordance with General Programme Instructions and the EPD portal.
The documentation shall be submitted via the EPD Portal unless otherwise agreed with EPD International AB.
FEES, INVOICING AND PAYMENTS
The Customer shall pay the fees for EPD registrations and other services under the International EPD System applicable from time to time. Information about current services and related fees for registrations by EPD International AB are available on the website of the International EPD System (https://www.environdec.com/pricing).
Fees are to be paid in euros unless the Customer is based in Sweden, then fees are invoiced in Swedish kronor.
Fees are exclusive of any value added tax or any other public taxes or charges.
Payments shall be made according to the payment method designated by EPD International AB. The Customer bears the costs of the payment method.
Annual fees for registered EPDs are to be paid for the whole 12-month period starting when the first EPD is registered.
Registration fees are accumulated on the calendar year period and reset 31st of December each year.
Fees under the International EPD System may be revised, see section 7 Changes of fees etc. below.
For EPD registrations made by licensees appointed by EPD International AB special fees may apply. Information about the fees of such licensees is available on the website of the International EPD System (https://www.environdec.com/pricing).
Additional services are offered in addition to the International EPD System, then special fees apply. Information about the fees for such dual registrations and climate certificates are available on the website of the International EPD System (https://www.environdec.com/pricing).
EPD International AB provides the Customer with an invoice. An invoice notification is sent to the email provided by the EPD Owner in the Portal, which is set to receive these notifications. Customers have until the 25th of the invoice month to request changes to the invoice details such as, adding or adjusting information related to reference number, purchase order number or similar.
Payments of fees are due thirty (30) days from the date of invoice of EPD International AB. In case of late payment, interest shall be paid in accordance with the Swedish Interest Act as well as compensation for delayed payment under Swedish law (lag 1981:739 om ersättning för inkassokostnader m.m.) currently SEK 450.
TERMS AND TERMINATION, PERIOD OF REGISTERATION AND PUBLICATION
This Service agreement is effective from the date the Customer accepts these terms by marking the check box upon finalisation of the registration of the user account (or in the case of an existing EPD owner reconfirming updated Service agreement) in the EPD portal and continue in force until terminated by either Party by giving the other not less than thirty (30) days written notice. In case of termination no fees will be refunded to the Customer.
EPD(s) which have been registered under this Service agreement will remain registered until the Customer or EPD International AB terminates the Service agreement for the Customer.
EPDs which are depublished due to end of validity period, due to Customer’s failure to fulfil compliance obligations under the International EPD System or due to Customer’s failure to pay fees, continue to be registered EPDs with in the International EPD System. To terminate EPD International AB’s invoicing of annual fees, the Customer must request de-registration with EPD International AB.
EPDs are published during the validity of this Service agreement as long as the applicable fees are paid in due time and the Customer complies with the other terms under this Service agreement. EPD International AB may de-publish EPD(s) if fees are not paid in due time or in case of any other non-compliance of this Service agreement.
In case the Customer wants to de-register an EPD this shall be notified to EPD International AB with no less than thirty (30) days’ written notice at support@environdec.com.
De-registration means that the EPD will no longer be available in the EPD Library under the International EPD System. The Customer accept that EPD International AB has the right to continue invoicing the annual fees for registration of EPDs, and consequently that the Customer is obliged to pay such annual fees, until the Customer has notified EPD International AB in writing of its request to de-register an EPD.
In case of de-registration of EPD(s), no fees will be refunded to the Customer.
CHANGES OF FEES, CHANGES OF TERMS AND CONDITIONS
Fees may be subject to change by decision of EPD International AB. Changes of fees are published at www.environdec.com and communicated in writing to Customers with a notice period of no less than thirty (30) days.
The General Programme Instructions may be subject to change by decision of EPD International AB. Changes are published at www.environdec.com and communicated in writing to Customers with a notice period of no less than thirty (30) days.
If the Customer does not accept changes of fees or changes of the General Programme Instructions the Customer may terminate this Service agreement by giving thirty (30) days written notice to EPD International AB, by which the Customer’s registered EPD(s) and/or other services will be de-registered and no longer available in the EPD Library under the International EPD System.
TRADEMARKS
IVL Svenska Miljöinstitutet AB is the registered holder of the following trademarks: EPD (word mark) with reg no 1436831 EPD (figurative mark) with reg no 8408478
hereafter collectively the “Trademarks”. IVL Svenska Miljöinstitutet AB has licensed the Trademarks to its subsidiary EPD International AB, with a right for EPD International AB to sublicense the Trademarks.
For the purpose of registering and publishing EPDs and the use of other services under this Service agreement, EPD International AB hereby grants the Customer a limited non-exclusive right to use the Trademarks in respect of the EPD(s) and/or other services covered by this Service agreement . The license is limited to the countries where the Trademarks are registered. The Trademarks are registered in the countries being the most important markets for the International EPD System, however please contact the International EPD System Secretariat for information about current registrations. Any use of the Trademarks in countries where no registration of the Trademarks exist is made at the risk and liability of the Customer and EPD International AB takes no responsibility whatsoever for such use. The Customer shall only use the Trademarks in respect of the EPD(s) and/or other services in the shape and manner as EPD International AB has specified in the General Programme Instructions.
The right to use the Trademarks as defined above is limited to the period when the EPD(s) and/or other services is/are published by EPD International AB under this Service agreement. Upon the expiry or termination of the period when the EPD(s) and/or other services is/are published by EPD International AB, for whatever reason, all licenses automatically and without further actions cease to apply and reverts to EPD International AB, and the Customer shall consequently make no further use of any of the Trademarks. Upon EPD International AB’s written request, an authorized representative of the Customer shall confirm in writing that all use of the Trademarks has ceased.
The Customer has no right to the Trademarks other than what is expressly stated in this Service agreement.
The Customer’s rights and obligations under this Service agreement may not be assigned by way of sublicense, subcontracting agreement or in any other way.
The Customer shall during the period when the EPD(s) and/or other services is/are published by EPD International AB under this Service agreement and thereafter not take, or allow, any measures which are detrimental to the distinctive character or repute of the Trademarks or of EPD International AB.
The Customer acknowledges that IVL Svenska Miljöinstitutet AB is the exclusive owner of all the rights in respect of the Trademarks. Nothing in this Service agreement confers or shall confer the Customer any ownership right, title or interest in any of the Trademarks. The Customer undertakes, during the period when the EPD(s) and/or other services is/are registered and published under this Service agreement and thereafter, not to register any of the Trademarks, or any other distinctive marks in connection with any of the Trademarks, or other trademark(s) that may be misleading or create a likelihood of confusion in relation to any of the Trademarks.
LIABILITY
EPD International AB is liable for damage caused to the Customer only in case of proven negligence. EPD International AB’s total liability under this Service agreement is limited to an amount equal to the total amount of fees that EPD International AB has received from the Customer under this Service agreement , however maximum EUR 10,000. EPD International AB’s liability is limited to direct damage and loss and exclude any liability for loss of profit or any other indirect damage or loss or third-party damage.
The Customer has full responsibility for all its activities and use relating to the EPD(s) and other services under this Service agreement. The Customer is solely responsible for all claims, including product liability claims, that may arise in connection with the Customer’s use, manufacture or sale of products or services referring to or using the EPD or other services as well as the Customer’s use of the Trademarks. In the event of such claim being made by a third party against EPD International AB the Customer shall fully indemnify and hold EPD International AB harmless.
ASSIGNMENTS ETC.
The Customer may not wholly or partly assign or pledge its rights or obligations under this Service agreement to any third party except with the prior written consent of EPD International AB.
CHOICE OF LAW, DISPUTE RESOLUTION
This Service agreement shall be governed by Swedish law.
Any dispute, controversy or claim arising out of or in connection with this Service agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, considering 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 Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.