24. April 2016

Subscription terms

Subscription terms for Plandisc Aps

  1. ACCEPTANCE OF SUBSCRIPTION AND TERMS
    1.1These subscription terms (hereinafter the “Terms”) are accepted by checking the “I have read and accept the subscription terms” on the order form, by using the application or services, or by otherwise indicating acceptance, and are effective between Plandisc Aps, Frederiksvej 11, 8600 Silkeborg CVR 37204854 (hereinafter “Plandisc”) and the customer (hereinafter “Customer”). If the Customer is a legal person, these terms are accepted on behalf of the Customer.
  2. SUBSCRIPTION DURATION AND BILLING
    2.1The subscription is effective upon ordering and runs until terminated in accordance with these Terms.
    2.2Payment is settled in advance, one year at a time, starting from the date the subscription is signed. There will be no refund when terminating mid-year. Payment can be made using credit cards on the Plandisc Aps website or by payment of the forwarded invoice. If you choose to paid by invoice, we charge an invoice fee of $4.
    2.3 Renewal of the subscription by credit card payment takes place automatically, unless the customer terminates the subscription before the expiry.
    2.4 After the order, new customers have a free 14-day cancellation right.
  3. SUBSCRIPTION SCOPE AND APPLICATION
    3.1Depending on the type of subscription, it provides various levels of access to Plan Disc.
  4. 3.2 Access to the application shall apply only to the Customer, and the program may not be used for anyone other than the Customer. The Customer represents and has the full responsibility for all of the third parties to whom the Customer provides access to the application or who use the Customer’s login details.
    3.3 The customer must ensure that the application is not used in a way that may harm Plandisc’s name, reputation, or goodwill, or which are contrary to relevant legislation or other regulations.
  1. PRICES AND TERMS OF PAYMENT
    4.1The terms of payment are 8 days net from the invoice date. When paying the invoice, a fee of DKK 25 is debited.
    4.2If the subscription is not paid when due, the first reminder will be sent 7 days after the due date without charge. If the subscription is still not paid, 10 days later, the second reminder will be sent with a late fee of DKK 150.00. If payment is still not received within 7 days after the second reminder, access to the customer’s Plandisc account will be blocked. Access to the application is opened again after receipt of payment, unless Plandisc has cancelled the subscription before that.
    4.3 The Customer accepts that invoices and reminders sent by e-mail to the e-mail address supplied by the Customer shall be deemed delivered when sent by Plandisc Aps.
    4.4 The current prices can be found on the Plandisc website and can be changed by posting on the website with one month’s notice to the end of a quarter. The same holds true for changes to the composition and content of subscription plans and additional modules. All prices are excl. VAT.
  2. TERMINATION
    5.1The Customer can cancel the subscription 14 days before a new subscription period starts.
    5.2Plandisc can cancel the subscription with 6 months notice to the end of a calendar quarter, or without notice in case of the Customer’s material breach of these Terms or the Customer’s bankruptcy or insolvency.
  3. CUSTOMER DATA
    6.1The parties agree that the Customer owns and may freely dispose of their own data in the application.
    6.2Plandisc Aps reserves the right to delete Customer data 90 days after the expiry of the subscription for any reason, and Plandisc Aps has no obligation to retain data after this time.
    6.3 Plandisc Aps is entitled to keep Customer data after termination for use in an anonymized form for statistics and analysis purposes.
    6.4 Plandisc Aps may in exceptional cases, when according to Plandisc ApS’ assessment it is deemed proper and reasonable, for example from a value loss consideration, give third parties and authorities access to Customer data, including in connection with a ruling, a demand from an authority, Customer’s bankruptcy, death or similar circumstances.
  4. OPERATING STABILITY
    7.1Plandisc Aps aims for maximum possible operational stability, but is not responsible for breakdowns or malfunctions, including disruptions caused by factors outside the Plandisc’s control. This means, among others, power failure, equipment failure, failure of Internet connections and telecommunications connections or the like. Plandisc Aps is delivered at it is, and Plandisc disclaims all warranties, material representations, indemnities, claims, or other terms, whether direct or indirect.
    7.2In the event of breakdowns or disruptions Plandisc Aps aims to restore normal operations as soon as possible.
    7.3 Planned outages will preferably be scheduled between 21:00 and 6:00 CET. Should it be necessary to suspend access to Plandisc beyond the period specified, this will be announced in advance when possible.
  5. CHANGES
    8.1Plandisc Aps is entitled to continuously make updates and improvements to application. Plandisc is also entitled to change the composition and structure of the application. Such updates, enhancements and changes can be made with or without notice, and may affect services, including information and data uploaded to or issued by the application.
  6. INTELLECTUAL PROPERTY RIGHTS
    9.1The application and information released from Plandisc, except for Customer data, is protected by copyright and other intellectual property rights and are owned by or licensed to Plandisc Aps.
    9.2There will be no transfer of intellectual property rights to the Customer.
  7. TRANSFER
    10.1Plandisc Aps has the right to transfer its rights and obligations towards the Customer to a related company or third parties.
    10.2The Customer accepts that Plandisc Aps is entitled to use subcontractors in all cases, including for the execution and operation of the application and for storage of Customer Data.
  8. PLANDISC LIABILITY
    11.1Plandisc Aps disclaims any liability in relation to these Terms, services or use of the application, whether arising under the contract or outside the contract, including operating losses, consequential or other indirect losses, loss of data, losses on grounds of product liability or losses, which are caused by simple negligence.
    11.2Regardless of the type of loss or liability base, Plandisc’s total liability shall be limited to the Customer’s payment for 12 months before the occurrence of the actionable circumstances.
    11.3 The Customer agrees to indemnify Plandisc Aps against any claims or losses resulting from product liability, losses of third parties or liability for third parties to the extent they arise from the Customer’s use of the program.
  9. CONFIDENTIALITY AND DATA SECURITY
    12.1Plandisc Aps only processes Customer data according to Customer instructions, and not for its own, unrelated, purposes.
    12.2Plandisc Aps preserves the confidentiality of all information that Plandisc Aps may come into possession of regarding the Customer, and is not entitled to disclose such information to third parties unless such information is publicly available, or when Plandisc Aps has received the information from a third party outside of confidentiality, or when Plandisc Aps is required to disclose such information by law or by order from an authority or a court.
    12.3 Plandisc Aps has taken the necessary technical and organizational security measures to protect against the accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of the Act on Processing of Personal Data.
    12.4 Plandisc Aps will on the Customer’s request – for a fee covering Plandisc Aps current hourly rates for such work – provide sufficient information in order for the Customer to verify that those technical and organizational security measures are taken.
    12.5 To the extent that the Customer uses information, user names or passwords relating to third-party information or services in relation to Plandisc, the Customer assures that the disclosure of such information and Plandisc’s treatment of such information does not violate the rights of or agreements with third parties. The Customer shall indemnify Plandisc Asp for any loss in connection with this provision.
  10. CHANGES TO TERMS
    13.1Plandisc is entitled to change these Terms in every respect. The current Terms will be available on the Plandisc Aps website. Plandisc aims to give reasonable notice (1 month) in connection with any changes by posting on the website. Use of the application after a change to these Terms constitutes acceptance of the revised Terms. It is the Customer’s obligation to continuously keep themselves updated in relation to changes to the Terms.
  11. DISPUTES
    14.1These Terms are governed by Danish law and any dispute arising out of the subscription, including these Terms, shall be brought before the District Court in Viborg.
  12. AREA OF COLLABORATION
    15.1We reserve the right to contact you via e-mail or telephone in connection with the administration of your subscription, as well as for direct marketing purposes.
  13. VALIDITY
    16.1These Terms are valid from 3/17/2016 and replace previous terms.