Version 1.00. Applies from 10 Januar 2010.
Terms used:
Seller : Plan24x7 ApS
Customer : Your company
§1. Trading limitations
§1.1 Our own webshop (not to be confused with the online booking
system - which can be rented by anyone) is limited to customers who are
part of a registered company, association or public institution. Contact
us per email for alternative options.
§2. Prices
§2.1 All prices in our webshop (not to be confused with the online
booking system you may rent) are including danish tax unless explicitly
mentioned. The prices do not include credit card fees or any delivery
costs. The price of these will be provided before the conclusion of the
order, so that it is still possible to abort a purchase.
§2.2 Prices for the subscription services (the online booking system)
can be changed with 3 months notice. Customers with existing
subscriptions can within that period elect to terminate their
subscription at no extra cost.
§3. Payment
§3.1 Product purchases are paid in advance. Payment can be made using
one or more payment methods offered by the seller (e.g. by bank transfer
or credit card)
§3.2 Payment terms are 14 days net, unless otherwise agreed.
§3.3 If the customer fails to pay within the payment term then
interest will without notice be added from the due date (1.5% per
month). Fourteen days after the due date a first payment reminder will
be issued. The reminder may include a late fee of 100 DKK. Second
reminder is issued 14 days after the first reminder.
§3.4 If the customer fails to pay for subscription services then the
seller reserves the right to disable access to the customer's software
installation.
§3.5 The seller does at no time store credit card information when
using our webshop. This is handled by an appropiately security approved
third part.
§4.
Rental of software on
our servers, for example.
of the planning system (subscription
service)
§4.1 Signing up for our subscription services.
§4.1.1 The customer signs up for a subscription to use
our sofware by using the sign up form at
signup.plan24x7.com
or www.plan24x7.com.
The
subscription will only take effect
after a
free trial period of 14 days,
and after the
customer
has indicated that they wish to continue using the product. The
customer
is obligated to indicate whether
they will enter subscription within 14 days from the end of the trial
period. If the customer does not report back within the 14 days then
access to the software will be disabled without further notice.
§4.2 Customer obligations
§4.2.1
The customer is obligated
to notify the seller
of any changes regarding
the
customer's
address and email.
§4.2.2
The customer
must ensure
that their use of the product,
especially when renting a
shop,
complies with
legal requirements.
§4.2.3 When using the online payment module the
customer is obligated to comply with the requirements of the payment
vendor. The seller cannot be made liable in relation to any issues
related to online payment.
§4.3 Ownership of the rented software
§4.3.1
Plan24x7 have
the full ownership and copyright
on the software,
graphics and documentation.
This also applies to
modifications that are
made at the request of
the individual customer.
§4.3.2 When the customer enters a subscription for
renting software then the customer is provided usage rights for the
modules signed up for.
§4.4 Transfer to a new subscription package may occur automatically
§4.4.1 The customer should be aware that the price for
the subscription is dependent on various parameters that may be affected
by the customer. If the customer creates more ressources than allocated
within the customer's current subscription package, then the customer
will automatically be transferred to a larger subscription package.
Should the customer choose to use additional modules then this will also
affect the subscription price.
§4.5
Responsibility &
Limitation of Liability
§4.5.1
The customer
undertakes to hold the seller
free from any claims
resulting from customer's use
of the product in relation to
third parties (e.g.
people using the
customer's webshop).
§4.5.2
Seller is solely responsible
for the operation of the
software solution,
and hence only
for any disruption
caused by gross negligence
by the
seller.
Seller's liability
is limited in amount to
a maximum of one
subscription period of 3
months. Operational
disturbance must
last for more than 24 hours
before the customer can claim
compensation through
deduction from the next
rental payment.
§4.5.3
Using software functionality that
is
integrated with third-party
solutions like e.g. online payment then the seller can
not be held responsible for
interruptions, delays and defects
caused by third
party.
§4.5.4
The
Seller is
not and cannot be held liable
for the
customer's
operation
loss,
time loss, profit
loss
or
other loss.
§4.6 Subscription Service Invoicing
§4.6.1 Invoicing of the base planning system is via
quaterly pre-payment.
§4.6.2 When using the online payment module the
customer will in addition to §4.6.1 be invoiced for the quarterly
transaction costs.
§4.7
Termination &
End
of the subscription
§4.7.1
The customer
may cancel
their
subscription
in writing within 14 days
prior
to
the next subscription
period (quarter).
For
the online payment module 3 months' notice applies due to contract with
a third party.
§4.7.2
The
seller
may
without notice terminate the
customer's
subscription
if the customer a)
breach these terms and conditions, b)
fails to pay the
subscription within
due time, c)
if the
customer
acts against the law, d)
seriously breach ethics
issues that cannot be accepted by the Seller or people in general.
§5.
Refunds /
cancellation of a purchase
§5.1 It is not possible to get a
refund for a purchase of
services / products, with
the exception of benefits as
described in § 5.2.
§5.2 When purchasing time- and location- based services such as
courses we fully understand that plans may change. Therefore you have
the option to cancel as long as you notify us at the latest 7 days
before the start of a course. This does no apply to rental of software
as described in §4.
§6.
Limitation of Liability
§6.1
Claims against the seller
may not exceed
the amount invoiced for a
service.
§7.
Complaints about purchases of
physical products
(in our own webshop)
§7.1 The
customer is obligated
to immediately notify
the seller
if the
customer
believes a physical product
is delivered with
defects. If
the customer does not
inform the seller
immediately,
then the customer cannot make claims
against the seller.
§7.2 The seller
may choose between (1)
to remedy the defect, (2)
or provide an equivalent new
product.
§8.
Legislative and legal
disputes
§8.1 Any
legal disputes are settled
according to Danish law.
§8.2 The seller
is committed to continuously
updating our terms and
conditions
to comply
with Danish
law.
§9. Change of the Business & Trading Conditions
When making important changes to our business & trading conditions we
will notice customers with a subscription according to §4 at least 1
month before the change takes effect.