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Terms and conditions for the use of ONLINEBOOQ

  1. Application and validity

    1. By using ONLINEBOOQ you accept these terms.

    2. By using ONLINEBOOQ and thereby accepting these terms, you (herein after called the Costumer) enter into an agreement with Onlinebooq ApS, Company Registration Number 38303473, (hereinafter called the Supplier), a Danish registered company operating and providing the service ONLINEBOOQ.

    3. The Supplier reserves the right to modify and amend these terms and conditions without prior notice. It is the responsibility of the Customer to stay current on the applicable terms and conditions.

  2. Functionality

    1. ONLINEBOOQ is offered as “Software as a Service”, meaning that the system is only available online. It is not possible to download and use the software locally.

    2. At the Supplier’s own option, the Supplier is entitled to change the functionality and design of ONLINEBOOQ. This also applies to adding and removing functions.

    3. ONLINEBOOQ allow integration with third party programmes such as accounting programmes, social media, payment systems and systems for distribution of newsletters. When using these functions the Customer is liable for the integration and any data influenced in the integrated system.

  3. Account

    1. The Customer is liable for keeping the account information up to date, including billing and contact details in ONLINEBOOQ.

    2. In ONLINEBOOQ it is possible to create more than one user with access to the service. The Customer vouch for and is liable for those with access to the system.

    3. The Supplier may always and without prior notice suspend, close or block the Customer’s account, including if the Customer does not abide by these terms.

    4. For accounting purposes, relevant account information will be stored after the termination of the agreement. Specific data connected with the account, for example calendar entries etc. are only stored for up to a year after the termination of the agreement.

  4. Prices and payment

    1. When the Customer set up the account, the Customer will have free access for two weeks. If the Customer wish to continue the use of ONLINEBOOQ, the Customer must pay for a subscription period. The subscription period may either be 3, 6 or 12 months.

    2. The Customers is responsible for extending the subscription before the expiry.

    3. When making the purchase, the service becomes available immediately and it is therefore not possible to subsequently cancel the purchase.

    4. All prices are listed with currency specification and without VAT. The prices are adjusted daily. The Customer may see its current pricelist by logging on to ONLINEBOOQ. Prices may vary from country to country.

    5. Payments for subscription or SMS will not be refunded.

  5. Security

    1. The Supplier will make efforts to maintain a high level of security, including relevant SSL-encrypting (https) when accessing the system. However, the Supplier cannot guarantee against an attack by hackers which may cause system crash and/or the loss of data.

    2. The Customer is responsible for the security on the connected units and on the Customer’s own systems.

    3. The Supplier will carry out regular backup of ONLINEBOOQ. Backup will be stored for three months.

  6. Maintenance, update and operational stability

    1. The Supplier aspire to secure the highest level of operational stability for ONLINEBOOQ. To keep ONLINEBOOQ running optimally, it is necessary to maintain both software and hardware. To the extent possible this will be done without inconvenience to the Customer, however it may be necessary to close down the access to ONLINEBOOQ for a limited period in order to carry out the maintenance.

    2. The Supplier reserve the right to send an email to the Customer and all users created on the Customer’s account when ONLINEBOOQ will be updated. Important messages may also be send by SMS.

  7. Restriction of use

    1. ONLINEBOOQ must not be used for any activities that are illegal, pornographic, harmful, racist, harassing, violent, threatening or the like, it may not be used for sending virus or spam or used to harm a third party. The Customer is obligated to observe the laws of the relevant countries when using the system.

    2. ONLINEBOOQ must not be used if the Customer offer services that are in direct competition with those of the Supplier.

    3. ONLINEBOOQ must not without prior consent from the Supplier be modified, adjusted or in other way be influenced to bypass parts of the system or replaced with other services for example by use of API, scripts or other automatic processes.

  8. Personal data

    1. The Supplier only handle personal data on behalf of the Customer. The Supplier therefore only act as data processor and act on orders from the data controller (the Customer), in that this agreement is only considered an instruction to handle data regarding the persons registered, including the end customer.

    2. The Customer warrant and is solely liable for ensuring that legal requirements are met when personally identifiable data is transferred to ONLINEBOOQ, and where relevant, that necessary consent is given in all relevant countries in which the Customer use ONLINEBOOQ, including:

      - Ensuring that the Customer may legally register personally identifiable data in ONLINEBOOQ.

      - Obtaining third party’s consent for the registration if necessary.

      - Ensuring that data is kept and if necessary deleted.

    3. The Suppliers responsibility is limited to taking the necessary technical and organisational steps to ensure that the information is not accidentally or illegally destroyed, lost or degraded and that the data is not known by unauthorised persons, exploited or handled contrary to the Danish act on processing of personal data. Per request from the Customer, the Supplier will provide sufficient information for the Customer to ensure that the Supplier has taken said technical and organisational security steps.

    4. The Supplier use a sub supplier for hosting the service and connected data. Regardless of the choice of sub supplier the Supplier will ensure that the data is always stored on servers which are physically placed within the EU.

  9. Intellectual property rights etc.

    1. All rights, including intellectual property rights and knowhow regarding ONLINEBOOQ and associated system and database belongs to the Supplier. When entering the agreement the Customer solely obtain a time-limited right to use ONLINEBOOQ and the right to use is conditional upon payment in full and observance of these terms and conditions.

  10. Termination

    1. Subscription periods will not be automatically renewed, the agreement will therefore be terminated if the Customer neglect to renew the subscription.

    2. If the Customer wish to terminate the agreement before the expiry of a subscription period, this must be done in writing or by using the function specifically for this purpose on ONLINEBOOQ.

    3. The Supplier may terminate the Customer’s access to and use of ONLINEBOOQ without prior notice.

    4. Regardless of the reason for the termination, prepaid and unsent SMS will not be refunded.

    5. When the agreement is terminated the Supplier is entitled to – but not obligated to – delete all data belonging to the Customer’s three months after the termination of the agreement.

    6. In any case the Supplier is entitled to keep data in depersonalised form indefinitely with a view to preparation of statistics etc.

  11. Liability and limitation of liability

    1. The Supplier is not liable for any indirect loss or consequential damages. Loss of data and costs relating to subsequent restoring and reinstallation etc. are considered to be indirect loss or consequential damages.

    2. Regardless of the cause of the damage, the Suppliers liability to pay damages to the Customer will never exceed the lowest of the following amounts; (i) last six months payments from the Customer, or (ii) DKK 30,000.

  12. Force majeure mv.

    1. The Supplier is not liable when circumstances sets in which hinders or delays the Supplier in fulfilling the obligations under the agreement. Such circumstances may among others be: war, mobilization, uprising and riots, acts of terror, natural disasters, strike and lockout, or virus, hacking, spamming, breakdown or other unusual strain of the it-systems or the telecommunication network used by the Supplier, orders from public authorities and right owners or other circumstances over which the Supplier has no direct control. If one or more of the above circumstances occur, the Supplier is entitled to postpone the delivery of the services or chose to annul the agreement free from liability.

  13. Assignment

    1. The Customer is not entitled to assign the agreement to a third party without prior written consent from the Supplier.

    2. The Supplier is entitled to assign ONLINEBOOQ along with existing agreements, data and contents, provided that the assignment is part of a merger or acquisition or similar circumstances.

  14. Applicable law and jurisdiction

    1. Any dispute between the parties shall be settled by the Court of Odense pursuant to Danish legislation.

Laatst bijgewerkt op 04/01/2017