These terms and conditions are integrated in the subscription contract with a third party. Should there be any irregularities, these terms and conditions take precedence over any subscription agreements and contracts between Apacta A/S and third parties.
The agreement of the contract applies to all services and subscriptions delivered by Apacta A/S.
Subscription and expiration date:
The subscription has a minimum contract period of 12 months, whether the subscription is paid for in advance for the whole year, or is a monthly payment. Re-subscription will apply for another 12 months, once the original contact has expired. The expiration date is the same date as the date of the first invoice date 12 months prior.
The third party has to be eligible to take part in an agreement with Apacta A/S. On proviso that the cooperation with third parties should be so complicated that it leads to extraordinary efforts and time waste, Apacta claims the right to either terminate the agreement or add an additional fee.
If the first or third party fails to fulfill the commitments of the agreements of the contract, the party has the right to terminate the contract with immediate effect. Violation of these agreements could e.g. be a reluctance to fulfill the payment obligations of the third party. When a party terminates the agreement, the other party has to cover any financial losses. Because of the conditions of Responsibility, Apacta A/S has limited liability.
The subscription belongs to the company or the person who has made the subscription with Apacta A/S, and cannot be consigned without a preceding agreement of such.
The agreement can be terminated by either party by a written notice at least 3 months prior to the expiration date. Minimum contract period and expiration date are defined under “Minimum Contract Period”. If the contract is not terminated, the new contract period is renewed automatically for another 12 months. Apacta reserves the right to terminate a subscription if the third party does not comply with the recommendations concerning the use of Apacta A/S’ available services.
When signing the conditions of renewal via debit or credit card, the third party allows Apacta to continuously charge the amount of the subscription during the subscription period. E.g. monthly payment will be charged monthly, or 12 months period will be charged or invoiced for a whole year at a time. When creating the subscription, an additional fee will be charged. This subscription fee will be charged via the first payment once the contract begins. When this fee is charged, the third party will receive an invoice by email. Apacta A/S attaches fees to many payments, however, the fees will have a maximum of 3,75% of the bill, and a minimum of 1,95 dkk per transaction. If the third party should change their credit information or card the third party is obligated to inform Apacta via telephone. The changes in details of the credit information may not be transferred via mail.
Apacta A/S reserves the right to pass on data and information delivered by the third party to the softwares which the Apacta software is integrated with and has access to.
Apacta A/S reserves the right to make price regulations for subscription accordingly with changes in price levels or other conditions which have an impact on the costs of the third party’s subscription or services.
Because the service is delivered electronically when signing the contract, the service is not included in the Entitlement of full Refunds of 14 days, meaning that the contract cannot be cancelled and payment cannot be refunded.
Apacta A/S is not reliable for any misconduct or misuse of the products and services offered by Apacta which the third party does. It is therefore the third party which is reliable and responsible for any misconduct and/or misuse of the services and/or product delivered by Apacta A/S. Apacta is therefore not responsible for any direct or indirect financial losses, non material violation or other reservations developed because of use of services or products provided by Apacta A/S. Furthermore, Apacta A/S is not responsible or reliable for financial losses because of missing information or access to services whatever the reason. Apacta A/S is not reliable for any losses of data whether it is losing data or damaging the installed software etc.
In addition, Apacta A/S is not reliable or responsible for unauthorized access to information about the third party. Apacta A/S is not responsible or reliable for unauthorized access to the third party’s softwares or the following damages that may occur. The included exemption of liability in these terms and conditions for business applies whether Apacta A/S has acted negligent or not.
Apacta A/S reserves the right to limit/restrict usage possibilities on offered products on the grounds of operational and safety requirements. Furthermore, because of operational and safety reasons Apactas A/S reserves the right to inquire the third party’s information and userdata at any given time.
If Apacta A/S or the third party should be completely or partially unable to fulfill the requirement because of force majeure, the fulfillment of these obligations according to the subscription of either party are suspended as long and as much the force majeure and delivery complication occur. The party in question has to notify the other party immediately or as quickly as possible, and inform the other party about the circumstances and force majeure. Force majeure means the circumstances which are enforced once the contract of subscription is signed by both parties, and are out of the control of the party in question if the party in question has provided the appropriate required actions, and taken every reasonable precaution.
Following circumstances should always be reviewed as force majeure provided that the circumstances above are met: extraordinary natural events, threats against society, wars, conflagration, and work disputes (e.g. strikes, lock out or other like situations/disputes in the job market).
If a force majeure event causes a party to only make few financial sacrifices to live up to its obligations and commitments, this should be viewed as the same as the party is either completely or partially unable to meet its obligations. Lack of finances is NOT a force majeure.
Legal issues between Apacta A/S and the third party should be decided under Danish Law. In relation to services delivered according to these terms and conditions, cases and lawsuits against Apacta A/S are to be held in the Civil Court of Law in Aalborg, Denmark.
These terms and conditions for Apacta A/S takes effect the 22nd of January 2016. Apacta A/S is at any given moment entitled to change any of these terms and conditions. Information regarding the changes is sent to the third party by sending the new terms and conditions or by any mean Apacta finds appropriate. If the changes are caused from regulatory circumstances, e.g. governmental injunctions, the third party is obligated to follow the new terms and conditions, once the message has been delivered. Should the changes have been caused by non regulatory circumstances, the third party is obligated to follow the new regulations in terms and conditions from the deadline the message informs the third party to, unless the third party has cancelled the contract before that deadline. The cancellation will take effect from the moment the changes take effect.