1.ACCEPTANCE OF SUBSCRIPTIONS AND TERMS
1.1 This subscription terms (hereinafter the “Conditions”) accepted by checking the “I have read and accept the subscription terms” on the order form, using the application or services or otherwise to indicate acceptance, and directly between New Online Systems ApS, CVR number 33266928, Havnegade 33 4 th., 1058 Copenhagen K (hereinafter “Uniconta”) and the customer (hereinafter “customer”). If the Customer is a legal person accepted these terms on behalf of the Customer. This service is business to business.
1.2 Audit firms, administration offices and the like may also accept these Terms on behalf of the Client, including by issuing new shares, having due regard vouch for the existence of the necessary authority to do so, and that the Customer has previously been duly informed of the terms.
2. SUBSCRIPTION DURATION AND BILLING
2.1 The subscription is effective upon ordering and runs until terminated in accordance with these Terms.
2.2 The first billing period runs from the date of order to the end of a calendar quarter. Then invoiced quarterly in advance, unless otherwise provided by agreement or terms of the specific product.
2.3 After the order is for new customers a free 14-day withdrawal.
3. SUBSCRIPTION SCOPE AND APPLICATION
3.1 The Customer is granted in accordance with these Terms a non-exclusive right to use accounting program Uniconta and selected additional modules (hereinafter referred to as “Application”) made available online as software as a service. The customer does not acquire the Application or any copy or part of it and do not acquire a license to run the application except as software as a service.
3.2 Customer subscription will provide Customer access to use the application to the number of entries, users, additional modules, etc., set out the specific products. Should the Customer need additional capacity or functionality, the subscription will automatically be upgraded by the use of such additional entries, users, additional modules, etc., and Customer agrees that the price accordingly will be increased.
3.3 In the application or Unicontas website provides an overview of subscription type and selected additional modules. For individual functions, services and additional modules can be attached self conditions to be accepted in addition to these terms before they can be used.
3.4 The right to use the application only applies to Customer and its advisers, and the application may not be used for other than the customer or to carry out data processing or provide other services for other than the Customer. Customer represents and has the full responsibility of the third parties that the Customer provides access to application or use Customer’s log in details.
3.5 Except as set out in 3.4, the Customer is not entitled to transfer the subscription to a third party, either in whole or in part, or to provide access to the application to third parties.
3.6 The customer must ensure that the application is not used in a way that may harm Unicontas name, reputation or goodwill or which are contrary to the relevant legislation or other regulation.
4. PRICES AND TERMS OF PAYMENT
4.1 Terms of payment are 8 days net from the invoice date.
4.2 Paid subscription is not timely, sent reminders 1 without charge 7 days after the invoice due date. Paid subscription is still not sent 10 days later moves 2 with fee of $ 150.00. If payment is still not received within 7 days after moving 2, access to the application. Access to the application is opened again after receiving payment unless Uniconta previously unsubscribed.
4.3 Customer agrees that invoices and reminders sent by fax. e-mail to the Customer given e-mail address shall be deemed delivered when sent by Uniconta.
4.4 The then-current prices can be found on Unicontas website and can be changed by posting on the website with one month’s notice to the end of a quarter. Same goes for changes to the composition and content of subscription plans and additional modules. All prices are excl. VAT.
5.1 The customer may in application unsubscribe, make downgrading of the subscription and / or opt-out of additional modules for the end of a calendar quarter (unless otherwise stated in the description or terms of the specific performance).
5.2 Uniconta can unsubscribe with 6 months notice to the end of a calendar quarter, or without notice at Customer’s material breach of these Terms or the Customer’s bankruptcy or insolvency.
6. CUSTOMER DATA
6.1 The parties agree that Customer owns and may freely dispose of their own data in the application. The application gives the customer the ability to export all its data. via the application’s export function, and Customer agrees that such exports should be conducted by the Customer before the expiry of the subscription. In the event that the subscription will expire or be repealed Customer, please Uniconta where reasonable and commercially justifiable aim to give the customer a period of 10 days after the end where the export function can be used.
6.2 Uniconta reserves the right to delete Customer data 90 days after the expiry of the subscription for any reason, and Uniconta has no obligation to retain data after this time.
6.3 Uniconta is entitled to keep his data after stopping to use them in an anonymous form for statistics and analysis.
6.4 Uniconta may in exceptional cases where after Unicontas assessment is deemed proper and reasonable, for example, from a loss of value account may give third parties and authorities access to Customer data, including in connection with the judgment, authority, Customer bankruptcy or death, or the like.
7. OPERATIONAL STABILITY
7.1 Uniconta seeks maximum possible operational stability, but is not responsible for the breakdown or malfunction, including disruptions caused by factors outside the Uniconta’s control. This means, inter alia, power failure, equipment failure, Internet connections, telecommunications connections or the like. The application and service delivered by the IS and Uniconta disclaims all warranties, material representation, warranty, claim or other terms, whether directly or indirectly.
7.2 In the event of breakdowns or disruptions aim Uniconta in restoring normal operations as soon as possible.
7.3 Planned outages will preferably be located at the property. 21:00 to 6:00 CET. Should it be necessary to suspend access to the application beyond the period specified, this will be announced in advance where possible.
8.1 Uniconta is entitled to continuously make updates and improvements to the application. Uniconta is also entitled to change the composition and structure of the application and benefits. Such updates, enhancements and changes can be made with or without notice, and may affect services, including information and data uploaded to or given by the application.
9. INTELLECTUAL PROPERTY
9.1 Application and information emitted from the application, except Customer data is protected by copyright and other intellectual property rights and are owned or licensed to Uniconta parent Uniconta international a / s. Individually produced software also belongs Uniconta international a / s, unless otherwise agreed in writing. The customer must provide Uniconta of any actual or potential violation of Unicontas intellectual property or unauthorized use of the Application, the Customer becomes aware.
9.2 There will be no transfer of intellectual property rights to Customer.
9.3 In relation to the material uploaded by Customer and all Customer Data, Customer Uniconta, and its suppliers, a permit and global license that is sufficient to Uniconta properly can run and operate application and meet its obligations and make marketing to the Customer . Customer warrants that the material that is uploaded will not infringe rights of third parties, and does not contain material that is offensive or contrary to applicable legislation or other regulation.
10.1 Uniconta have the right to assign its rights and obligations to the Customer to related company or third parties.
10.2 Customer agrees that Uniconta is entitled to use subcontractors in all conditions, including the execution and operation of the application and storage of Customer Data.
11. UNICONTA’S LIABILITY
11.1 Uniconta disclaims any liability in relation to these Terms, services or use of the Application, whether arising in contract or outside the contract, including operating losses, consequential or other indirect loss, loss of data, loss on grounds of product liability or loss are caused by simple negligence.
11.2 Uniconta is not responsible for the third-party solutions that are available and / or integrated with the application, including currency feeds / -beregnere. Uniconta can not be held responsible for the accuracy, completeness, quality and reliability of the information nor the results obtained through these third-party solutions. Similarly, Uniconta not be held responsible for third-party solutions’ availability, security, or functionality, including for possible damage and / or loss caused by third-party solutions. The Customer to prove that one of the customer losses not attributable to third-party solutions.
11.3 Regardless of the type of loss or liability base is Uniconta’s total liability shall be limited to the Customer’s payment for 12 months before it actionable relationship entry, subject in all cases at least £ 10,000. The Customer undertakes to indemnify Uniconta for product liability damages, third party damage and other claims by third parties as a result of its use of the Application.
11.4 Customer agrees to indemnify Uniconta against any claims or losses resulting from product liability, loss of third parties or liability for third parties to the extent arising from its use of the Application.
12. CONFIDENTIALITY AND DATA SECURITY
12.1 Uniconta only treat the Customer’s data, following his instructions and not to own, unrelated purposes.
12.2 Uniconta preserve the confidentiality of all information Uniconta had to take possession of the customer, and is not entitled to disclose such information to third parties unless such information is publicly available, or where Uniconta have received information from a third party outside of confidentiality or where Uniconta are required to disclose such information by law or by order made by an authority or court.
12.3 Uniconta has taken the necessary technical and organizational security measures to protect information in the Application 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 Uniconta provide the Customer’s request – for a fee of Unicontas then-current hourly rates for such work – sufficient information that the customer can ensure that those technical and organizational security measures are taken.
12.5 Customer agrees that in Uniconta’s database and possibly also in an external database kept a copy of the bank certificate that the customer has been issued by his bank.
12.6 To the extent the Customer uses information, user names or passwords relating to third-party information or services in relation to Uniconta, does the customer for the disclosure of such information and Unicontas treatment of such information does not violate the rights or third party agreement. Customer shall indemnify Uniconta for any loss in connection with this provision
13. TERMS CHANGES
13.1 Uniconta is entitled to change these Terms in every respect. The then-current Terms will be available on Unicontas website. Uniconta designed to provide reasonable notice (1 month) in connection with any changes by posting on the website. Using the application for a change to these Terms constitutes acceptance of the revised Terms. It is Customer’s obligation to continuously keep themselves updated in relation to changes to the Terms.
14.1 These Terms are governed by Danish law and any dispute arising out of the subscription, including these Terms must be brought before the City Court in Copenhagen.
15.1 These terms are valid from 01-01-2016