1. General
These terms and conditions apply to all offers, sales and deliveries unless otherwise agreed in writing between the parties.
2. Prices
All prices are in Danish kroner and exclude VAT. The prices are regulated annually with min. 3% with index 100 on the subscription date.
3. Payment
Payment must be made no later than the date indicated on the invoice as the last timely payment day. If a last timely payment date is not specified, payment must be made in cash on delivery. Supporters are entitled to calculate interest and a reminder fee on the payment due at any time at 2% per started month until the full amount has been paid. The reminder fee amounts to DKK 125.00. The buyer's payments are written off first on interest and reminder fees, and then on the debt.
The buyer is not entitled to set off any counterclaims against the Supporters that are not acknowledged in writing by the Supporters and is not entitled to withhold any part of the purchase price.
Hardware and software are the Supporter's property until payment is received for the applicable items. If delivery is postponed due to the buyer's circumstances of any kind, the buyer is obliged to pay Supporters as if delivery had taken place at the agreed time. However, this can be waived with written acceptance from Supporters.
4. Warranty
Supporters provides the customer with a guarantee corresponding to that which Supporters has received from sub-suppliers/manufacturers. Reference is made to the warranty provisions of the individual sub-suppliers/manufacturers in force at all times. No other guarantee is provided by the Supporter, unless this has been expressly agreed.
5. Retention of title
Supporters reserve the right of ownership to services provided up to the entire purchase price incl. live approx., possibly interest and costs have been paid in full. Software and hardware delivered in connection with the support, backup and/or security modules are leased for a given period and must be handed over at the end of the agreement.
6. Delivery
Supporters cannot be held responsible for delays in deliveries caused by external conditions or the like.
7. Order error
Services are not credited, unless otherwise agreed in writing. Where there is a written agreement, a return fee of 15% will always be invoiced.
8. Product Information
Reservations are made for errors and changes in information, in brochures and other sales material. Any errors and changes cannot be claimed against Supporters.
9. Product Changes
Supporters reserves the right to change products or parts of them without notice if this happens without functional disadvantage for the buyer.
10. Intellectual Property Rights
Any delivery of products takes place with respect for the intellectual property rights of the owners in question and Supporters is not responsible of any kind for the buyer's actions in violation of these rights.
11. Confidentiality
Both parties are obliged, without time limit, to keep confidential any information of a confidential nature about the other party that may become known to the party in question as a result of the collaboration and delivery of the service. All services that are not already generally known or available to the public must be characterized as being confidential.
12. Defects and complaints
Upon delivery, the buyer must immediately carry out an examination of the sold item and, without undue delay, make a complaint in writing stating any errors, within a maximum of 8 days. Supporters can then freely choose whether the error should be rectified.
Supporters cannot be held responsible for malfunctions, side effects or consequential damages of n-recommended updates developed by third parties. Supporters do not take any responsibility in connection with security flaws introduced to the buyer's system, through recommended updates. If Supporters have undertaken to provide service through a separate agreement to this effect, the service obligation covers only the products sold. Supporters reserves the right to test services that are allegedly defective. If the performance is found to be OK after testing, an invoice must be charged for the work performed. In the event of an error, the service will be exchanged or credited.
13. Limitation of liability
Supporters' service covered by this agreement is delivered as it is and exists ("as is"). The buyer's use of the service is in every respect at his own risk. Supporters is only obliged to compensate the buyer for losses that are a consequence of a significant deficiency in a service or other significant default on the part of Supporters. Supporters' liability for damages only covers the buyer's direct loss, whereas indirect loss and consequential damage, including operating loss, increased operating expenses, lost profit or expenses related to loss of data, not replaced. Supporters is not liable for damages if delay or lack of a service is due to delays, interruptions or disruptions in the communication infrastructure or conditions of other suppliers for which Supporters is not independently responsible. Furthermore, Supporters is not liable for damages incurred by the buyer or a third party as a result of the buyer's use of results from the service. Supporters' total liability for damages is a maximum of the invoice amount for the service that gave rise to the loss. Supporters cannot be held responsible for correcting errors that cost money to correct, if the buyer does not want to pay for the correction. Furthermore, Supporters cannot be held responsible for correcting errors that do not have a supplier recommendation solution. Supporters cannot be held responsible for installing updates that require specialist knowledge, online registration or prior knowledge of the purchaser's installation. In this case, Supporters are entitled to obtain help from a third party at the buyer's expense, if the buyer does not opt out of the update in writing. Supporters does not guarantee that all security flaws in the buyer's installation can be found or corrected.
14. Duration and termination
A subscription agreement can be terminated with 6 months notice. The agreement runs until it is terminated in writing with at least 6 months' notice before the end of a calendar month. If the buyer does not terminate the agreement in writing, the agreement continues automatically at the terms and prices applicable at any time.
15. Product liability
To the extent that nothing else follows from the inalienable rules of Danish law on product liability, the following limitations apply: Supporters are only liable for damage caused by a service provided by Supporters to the extent that it can be proven that the damage is due to Supporters' fault.
16. Transfer of Rights
Supporters are entitled to transfer all rights and obligations under the agreement to third parties.
17. Disputes
Any dispute between the buyer and Supporters must be settled according to Danish law.