Terms & Conditions 2018-12-03T21:13:28+00:00

Terms & Conditions for the use of Databoard

20 May 2017

  1. INTRODUCTION
    1. These terms and conditions (hereinafter referred to as the “Agreement”) apply for the customer’s use of Databoard’s hardware and software (hereinafter referred to as the “Solution”). The Soluton is hosted by Databoard ApS (hereinafter referred to as “Databoard”), Marienlundvej 43B, 2730 Herlev, CVR no.: 38 53 84 11.

  2. THE SERVICE AND THE SCOPE OF THE SERVICE
    1. Through the Agreement, the customer will gain access to the Solution – interactive info screens for internal communication. The Solution consists of a hardware and a software product including different basic subscriptions for the customer to choose from.
    2. The customer gains access and the right to use the acquired hardware and software of the Solution, including services available in the current version of the Solution at any time.
    3. The customer can buy extra functionalities to the extent this is possible in the Solution. Purchases will be shown on Databoard’s invoice to the customer.
    4. Databoard is at any time entitled to change the functionalities of the Solution, including removing or adding functionalities.
      1. Databoard’s current subscription services
        1. Information regarding the different subscription services is available at any time through the current pricelist for the Databoard products. This pricelist can at any time be found at Databoard’s website, www.getdataboard.com.

  3. EFFECTIVE DATE AND TERMINATION
    1. The Agreement is effective upon the customer’s accept hereof, including of these terms and conditions. The customer can accept the Agreement in writing or through Databoard’s website by activating one or more services.
    2. Beta, Small, Medium or Large license package
      1. The small, medium and large license can be concluded on a yearly basis, according to which the Agreement has be terminated with a 3 months’ notice to the end of the year. The Agreement is continuous and is renewed automatically each year, unless the Agreement is terminated. Termination must be informed in writing to info@getdataboard.com.
      2. Alternatively, the Agreement can be concluded on a 2 ore 3-year basis and the Agreement is thus irrevocable until the end of the subscription period of the chosen period. After the chosen period, the subscription will be automatics renewed, unless it has been cancel within a 3 months’ notice to the end of the chosen period.
      3. If the agreement is cancelled by the client, the client is obligated to send the player back to Databoard in same condition as received within 2 months, else Databoard will send an invoice on 70 eur for the cost of the player.
    3. Beta version
      1. The agreement is entered into on a 6-month basis only, and after the beta it will continue with the beta price for all license bought on that face. All payments agreement will be aligned with the rest of this doc.

  4. USE OF SUBSUPPLIERS
    1. Databoard may use a subsupplier in connection with the fulfillment of these terms and conditions. Databoard is liable for the subsupplier’s and its own circumstances. 
  5. PRICES AND PAYMENT TERMS
    1. The use of the Solution is conditioned by the customer’s payment of the subscription fee. Subscriptions with a monthly fee payment are paid each month in advance, and annual subscriptions are paid once in advance for the aggregate amount. The price hereof is the current list price at the time of the order.
    2. Payment is deducted automatically from the account stated by the customer. It is the customer’s responsibility to ensure that a valid debit card is connected to the account at any time.
    3. Payments must be received by Databoard no later than 8 days from the invoice date. In case of late payment, Databoard is entitled to charge interests of the current due amount in accordance with the rules of the Late Payment of Commercial Debts Act. A reminder fee will further be added if a payment reminder is sent to the customer.
    4. Databoard is at any time entitled to adjust the subscription fee with a notice of 3 month. Adjustments of subscription fees will be announced on Databoard’s website and/or by email or other electronic communication to the customer. 
  6. LIMITATION OF LIABILITY
    1. Databoard is not liable for the customer’s direct or indirect loss in connection with or as a result of the customer’s use of the Solution. The license fee for access to and the use of the Solution is fixed under due consideration hereto. Further, Databoard is not liable for the information communicated through the customer’s use of the Solution, including any infringements of third party rights.
    2. Databoard is at any time entitled to implement technical restructuring and changes in the Solution and services as deemed appropriate by Databoard. Databoard will seek to limit the nuisance caused by such restructuring and changes upon the customer. Databoard is under no circumstances liable for damages toward the customer in connection with the implementation of such changes.
    3. The customer is not entitled to claim payment of damages for (i) direct loss, (ii) indirect loss, including loss of earnings, loss of revenue, business, business opportunities, loss and/or recreation of data, goodwill, safety breach caused by third party’s breach of telecommunication and/or internet connection, expected cost reductions or expected revenue (notwithstanding if these are direct, indirect or consequential losses), or (iii) any loss or damage caused upon third party (notwithstanding if these are direct, indirect or consequential losses).
    4. Notwithstanding the above, Databoard’s liability for damages can under no circumstance exceed an amount corresponding to the annual user fee for the year in which the damage has occurred. 
  7. RIGHTS
    1. The Solution, including any content of the Solution and all underlying technology and intellectual property rights hereto belong to Databoard and is protected in accordance with the legislation hereon in force at any time.
    2. Databoard acquires no rights to the material which the customer uploads to the Solution.
    3. The Customer warrants that the data uploaded to the Solution complies with the current legislation hereon, including the marketing practices act, and does not infringe any third party rights. Databoard assumes no liability for the legality of the customer’s data.
    4. Databoard is entitled to remove data and content without prior notice, if Databoard deems it necessary in order to avoid infringement of third party rights to stop such content or to generally comply with the legislation. Databoard reserves the right to remove data and content which may damage Databoard’s goodwill or is otherwise found to be inappropriate.
    5. It is the customer’s responsible at any time to ensure that the rights to data uploaded/stored by the customer is legal, including that third party rights, e.g. copyrights, trademark rights etc. are not violated and to ensure that the necessary consent is obtained pursuant to the regulations hereon. 
  8. BREACH
    1.  Either party can terminate the agreement for cause in case of the other party’s material breach, cf. however below.
    2. Examples of material breach includes the customer’s non-payment, and Databoard is in this situation entitled to cancel the customer’s access to and use of the Solution without prior notice. Reopening the customer’s access to the Solution can be made against a payment of an administration fee of DKK 1,000 excl. VAT.
    3. In case of Databoard’s material breach, the customer can terminate the agreement with a written notice, if Databoard does not within a deadline of minimum 15 working days remedy the breach. The deadline is calculated from the time the termination notice has reached Databoard.
    4. If Databoard suspects that the customer’s use the Solution violates these Terms and Conditions, Databoard is entitled to cancel the customer’s access to the Solution, until this suspicion has been clarified without entitling the customer being to raise a claim against Databoard as a result hereof. 
  9. COMMUNICATION WITH THE CUSTOMER
    1. The customer accepts that Databoard may send the customer messages or other electronic communication to the email address stated by the customer. The customer is responsible for ensuring that the stated email address is correct at any time. 
    1. Force majeure
      1. Databoard is not liable toward the customer for circumstances outside Databoard’s control. Such force majeure situations e.g. include natural disasters, terror attacks, war, sabotage, strike, lockout, fire, water damage, blackout, significant IT breakdown and failure on internet connections. 
  10. AMENDMENTS OF TERMS AND CONDITIONS
    1. Databoard reserves the right to amend these terms and conditions at any time. In case of significant changes, Databoard will inform the customer of the effective date of the amended terms and conditions with a notice of minimum 1 month. Amendments are published in the Solution and/or sent by email directly to the customer to the email address stated by the customer. The terms and conditions in force at any time are available on Databoard’s website. 
  11. PERSONAL DATA
    1. The personal data processed by Databoard as part of the customer’s use of the Solution
      1. In relation to the personal data processed by Databoard as part of Databoard’s operation of the Solution, Databoard will only act according to directions from the customer. Databoard is thus regarded as data processor and the customer as the data controller. This relation is governed by the provisions in the enclosed data processor agreement in appendix 1.
    2. Personal data processed by Databoard on the customer
      1. Information on Databoard’s processing of personal data is included in Databoard’s data protection policy. The data protection policy is available on Databoard’s website.

  12.  GOVERNING LAW AND VENUE
      1.  Any disputes between Databoard and the customer which has been unsuccessfully attempted to be settled amicably, must be settled in accordance with Danish law by the Danish courts with the city court in the jurisdiction where Databoard’s office is registered as the court of first instance. This is no impediment for referring the case to the Danish Maritime and Commercial Court or the High Court in question in accordance with the current rules heron in force at any time.