Terms and conditions as of 1 July 2010, last updated 1 June 2019.
THE CONDITIONS
These terms and conditions (hereinafter the “Terms”) apply to all products and services provided by Vikingegaarden to the Customer, unless otherwise agreed in writing between the parties.
When purchasing or renting software from Vikingegaarden (hereinafter “the Software”) and hardware from Vikingegaarden (hereinafter “the Hardware”) the Terms and the Service Agreement and the order confirmation/invoice for the Software and the Hardware together form the basis of the agreement with the Customer. If the Customer only purchases the Hardware, the Conditions and the order confirmation/invoice for the Hardware form the basis of the agreement. The basis of the agreement between Vikingegaarden and the Customer’s is hereinafter referred to as the “Agreement”.
Vikingegaarden reserves the right to change these conditions with a notice of 3 months.
DELIVERY
If the parties have not agreed on a specific delivery time, determine Vikingegaarden a period of time within which delivery must take place. This period is considered to run from the conclusion of the Agreement.
Delivery of Hardware ordered from Vikingegaarden happens ex stock/ex works. Delivery to an address specified by the Customer is therefore at the Customer’s expense and risk, which is why the Customer is also responsible for taking out any transport insurance.
Delivery of licenses to Vikingegaarden Software is provided by providing the Customer with a login to the website etc.vikingegaarden. Com.
Will it be clear to Vikingegaarden, that it cannot be delivered on time, or it is considered likely that a delay will occur, must Vikingegaarden without undue delay, give the Customer written notice of this and at the same time indicate the reason for the delay and, as far as possible, the time when delivery is expected to take place.
The customer cannot raise claims against Vikingegaarden due to a delay, but may choose to cancel the order if the delay lasts more than 90 days. In the case of partial delivery of products/parts that can only be used together, it is the delivery date of the last delivery that determines whether delivery has been made on time. Objections regarding non-delivery must be Vikingegaarden in hand no later than 7 days from the agreed delivery time. Otherwise, delivery is considered timely.
ACCEPTANCE AND CANCELLATION
Orders are first binding for Vikingegaarden, when they are accepted in writing by Vikingegaarden. When an order is received by Vikingegaarden, the Customer does not have the right to cancel the order.
The Customer does not have the right to return the Hardware or Software unless this is expressly stated in a written agreement with the Customer.
If the Customer unjustifiably cancels an order or returns a product is Vikingegaarden entitled to full payment.
WARRANTY, DEFECTS AND CORRECTION
Vikingegaarden warrants that the Hardware from the invoice date and for 12 months thereafter and for the Software from the invoice date and for 3 months the “Warranty Period” is essentially in accordance with the accompanying documentation.
As for any defects, will Vikingegaarden during the Warranty period, in return for the item being returned in undamaged condition and with a copy of the receipt, at your choice either:
Repair or replace all or part of the defective Software or Hardware, or
Reimbursement of the Customer’s losses, however, up to a maximum of the amount the Customer may have paid for the Software or Hardware.
Vikingegaarden is, in addition to the above warranty, obliged and entitled to remedy all significant defects in the Hardware that are due to errors in the design, material or manufacture of the Hardware as well as defects in the Software. Vikingegaarden can unilaterally choose whether remediation is to be done by repair or redelivery.
Vikingegaarden provides no warranty for software developed by third parties but refers in this connection to third party conditions.
For the second of Vikingegaarden developed software than the Software provides Vikingegaarden only guarantee if it appears in written agreement with Vikingegaarden.
Vikingegaarden is not responsible for errors or defects (also not within the Warranty Period) that are wholly or partly due to the Customer’s misuse, incorrect use or installation, neglect, unauthorized repair or modification of the Hardware or Software, damage caused during transport or accidental damage to the Hardware or Software.
The customer must ensure immediately upon receipt that the delivered is in accordance with the contract and free of defects.
Any complaints that the Hardware or Software is not in accordance with the contract or is defective, which the Customer has or should have ascertained upon examination of what was delivered upon receipt, must be made in writing immediately after the day of delivery and in any case no later than 8 days after the day of delivery.
Unless the Customer or a hired third party or others for whom the Customer is responsible is the cause of an error or breakdown occurring in one of Vikingegaarden for the Customer hosted software, manages Vikingegaarden all corrections to the Software free of charge.
All complaints within or outside the Warranty Period regarding the Hardware and/or Software must contain a written explanation of the fault in accordance with Vikingegaarden instructions, including when and how the error was detected.
The hardware must be returned to Vikingegaarden at the Customer’s expense and risk and must be returned whole and in undamaged condition (apart from the claimed defects). The customer must take care of disassembly, uninstallation, etc. of the Hardware.
If the Customer has attempted to correct the error himself or has failed to observe the above-mentioned complaint rules or has otherwise used or installed the Hardware or Software incorrectly, the Customer forfeits the right to receive remedial action or replacement and otherwise to assert any claim against Vikingegaarden.
VIKINGEGGARDEN strives for repairs and/or redelivery within 2-4 weeks.
Vikingegaardens responsibility for errors and omissions is in all cases conditional on the error or omission being claimed in writing by the buyer no later than 12 months from the date of delivery. For Hardware that has been repaired or replaced by Vikingegaarden the complaint period is 2 months for replaced parts from the new delivery date.
Has the buyer complained about faults or defects which turn out not to be faults or defects as such Vikingegaarden has responsibility for, has Vikingegaarden right to payment for the work and costs incurred by the complaint and/or rectification of the error or deficiency Vikingegaarden.
RIGHT TO USE THE SOFTWARE
Vikingegaarden gives the Customer a non-transferable and non-exclusive right to use the Software.
The Customer has no right in any way to allow external users to use the Software without Vikingegaarden written consent.
To the extent that the Customer allows internal users to gain access to use the Software, the Customer is responsible in all respects that the said users do not violate the agreement with Vikingegaarden and these conditions and that any subsidiaries bindingly agree to be bound by the agreement and these conditions before the subsidiaries are given access to the Software.
The Customer may not copy the Software or break or modify any license files or codes.
The customer may not reverse engineer, disassemble or decompile the Software.
The Software is an Internet-based system hosted by Vikingegaarden. The customer thus does not get to install the Software or access the Software’s source code. The right of use includes the number of modules and devices that the Customer has purchased access to/has associated with the Software. The customer can purchase additional modules or have additional devices connected at any time. Some modules have limitations on the number of different profiles that the Customer can create. If the Customer wishes to create several profiles per module, these must be purchased additionally. The right to use the Software includes by default 2 internal users at the Customer, each of whom receives a personal login. Additional internal users can be purchased.
For Software developed by third parties, reference is also made to the third party’s license conditions.
If the Customer does not comply with these obligations, this is considered a material breach of the agreement with Vikingegaarden and warrants Vikingegaarden to terminate the agreement and pursue its rights by all available legal remedies.
FUNCTIONALITIES OF THE SOFTWARE
Vikingegaarden makes the Software available to the Customer in the latest version and with the functionalities that have been disclosed to the Customer in writing.
Upon entering into the agreement, the Customer has tested and/or had the active and latest version of the Software demonstrated and has accepted the version and its functionalities. However, this does not apply to software developed by third parties that is delivered as described in the third party’s documentation.
Vikingegaarden undertakes, during the term of the agreement, as far as possible, to maintain the availability of the Customer’s access to the Software on the Internet 24 hours a day, 365 days a year. However, the customer accepts that a server, e.g. for security reasons, in connection with software upgrades at Vikingegaarden or for other reasons must be restarted and that the Software may at times be temporarily unavailable.
Vikingegaarden reserves the right to limit and/or restrict the possibilities of use of the offered services due to operational and security conditions, as well as Vikingegaarden can reset the Software without notice in connection with maintenance and updating of Vikingegaardens software. Interruptions will, to the greatest extent possible, take place at night to minimize operational disruptions for the Customer.
SYSTEM REQUIREMENTS FOR THE SOFTWARE
The Software requires an internet connection with a minimum speed of 128 KBit.
For PC, phones, tablets, etc. applies that the Customer’s browser must always be updated to the latest version and service package.
It is solely the Customer’s responsibility that the Customer’s browser can be used for the Software.
If the Customer wishes to store data locally, it is the Customer’s responsibility that there is sufficient hard disk space.
The customer bears full responsibility for the system requirements for the Software being met and cannot raise claims against Vikingegaarden for errors, damages, losses, delays or the like. arising as a result of the Customer’s failure to observe these system requirements.
PRICE LIST
They off Vikingegaarden stated prices are excl. VAT as well as other taxes and charges that may apply to the services or Products sold.
All payments must be made in Danish kroner, unless otherwise agreed.
Offer made by Vikingegaarden is valid for 30 days from the date of the offer.
Vikingegaarden can change applicable prices at any time with 1 month’s notice. However, this does not apply to prices for Hardware which has been ordered by the Customer and which Vikingegaarden has accepted delivery of. Vikingegaarden strives for prices of current charges to follow the net price index.
All prices given by Vikingegaarden, is cash ex stock/ex works, which is why the Customer bears shipping costs himself, including costs for transport insurance.
Vikingegaarden reserves the right for printing errors, price errors and VAT and tax changes.
Vikingegaarden is entitled to change the prices for goods purchased in a currency other than the currency in which the goods are sold (normally DKK), if after the time of making the offer and up to the time of actual payment there have been exchange rate changes in the relevant currency.
PAYMENT FOR THE HARDWARE
Unless otherwise agreed, payment must be made when ordering. Vikingegaarden is not obliged to make delivery before payment has been made.
If the parties have agreed in writing that payment is due after delivery, and the Customer does not make payment in due time, Vikingegaarden entitled to calculate default interest at 2% per started month after the due date and demand dunning and collection fees in accordance with the legislation.
Vikingegaarden also has ownership rights to the Hardware until the full amount outstanding, including interest, has been paid. The customer is thus not entitled to dispose of the Hardware before payment has taken place. Vikingegaarden is entitled to prevent delivery of shipped Hardware, to cancel previously submitted offers and to withhold other deliveries/partial deliveries on order but not yet effected until the Customer has paid the purchase price and accrued interest.
Regardless of whether other payment terms may have previously been agreed upon Vikingegaardenis Vikingegaarden in the event of the Customer’s delay in payment of the purchase price entitled to make future deliveries conditional on cash payment, or that the Customer provides the necessary collateral.
If the Customer fails to receive the agreed delivery on the agreed day, the Customer is obliged to make payment as if delivery had taken place in accordance with the agreement.
The customer is neither entitled to withhold any part of the invoiced amount nor to set off any part of the invoiced amount, unless Vikingegaarden have accepted this in writing.
In addition to the powers described in this provision, there are Vikingegaarden in the event of the Customer’s delay in payment, the general rights of default arising from the Sales Act.
PAYMENT FOR THE SOFTWARE
Costs associated with use of the Software appear in the Service Agreement with the Customer.
Agreements where the use of telephony, data, SMS, MMS etc. is included in the price only includes Danish consumption charges, which is why the Customer will be charged any roaming charges and/or foreign subscription and/or consumption charges.
The expenses are invoiced on an ongoing basis in accordance with the Service Agreement and the Customer’s subsequent opt-in or opt-out. If the Customer does not make payment on time, Vikingegaarden entitled to calculate default interest at 2% per started month after the due date and demand dunning and collection fees in accordance with the legislation.
LIMITATION OF SHORTAGE LIABILITY
The Software and Hardware are, unless otherwise agreed in writing, standard products that are delivered as is and available. The Customer is thus responsible for the Software and Hardware meeting the Customer’s requirements for usability, functionality and integration.
Vikingegaarden is not liable for damages for losses that have occurred as a result of interruptions, disturbances or changes that of Vikingegaarden are deemed necessary for technical, maintenance and operational reasons or are imposed by the supervisory authorities, unless Vikingegaarden has neglected to limit the disadvantages thereof.
It is the customer’s responsibility to make a backup of all their own data, including e.g. data stored on the Software and the Customer’s own setup, notwithstanding that Vikingegaarden performs daily backups.
Vikingegaarden is not responsible or liable for compensation for adjustments, changes, service, support, damages or losses caused by the Customer himself or by third parties.
Vikingegaarden is also not responsible for damages resulting from the Customer’s own computer environment, including the interaction of the Software or Hardware with the customer’s computer environment, or the Customer’s or its suppliers’ mistakes, negligence or failure to observe Vikingegaarden instructions.
Vikingegaarden can only be held liable for defects in the Hardware or Software, if the Hardware or Software has been mounted and installed by one of Vikingegaarden appointed or approved installer.
In addition, is Vikingegaarden not responsible or liable for damages for defects as a result of external factors that cannot be attributed to Vikingegaarden, including but not limited to errors or defects arising out of or in connection with the use, transfer, implementation or use of third party products or programs.
Vikingegaarden shall in no event, regardless of the circumstances, be liable for loss of expected profit, loss of data, loss as a result of delay, loss as a result of increased or unforeseen operating expenses, damage to records or data or any other form of indirect, concretely documented, accidental loss or consequential loss or loss arising out of or in connection with the agreement with Vikingegaarden or its dealers.
Amount limitation
In all cases, cf. however section 12 on product liability, is Vikingegaardens total liability for loss or damage arising out of or in connection with the parties’ agreement and these conditions or use or settlement of the Software, Hardware or services connected therewith, limited in terms of amount to the amount actually paid by the Customer Vikingegaarden in fixed license fee (for modules) the previous year and limited to one year from the invoice date.
LIMITATION OF PRODUCT LIABILITY
Where nothing else follows from non-derogable legal rules, what is stated below will apply.
Vikingegaarden is not responsible for the loss of data, which includes the deletion or alteration of data that has occurred as a result of errors in hardware or programs.
Vikingegaarden is under no circumstances liable for indirect property losses such as operating losses, lost profits or other financial consequential losses.
Amount limitation
VikingegaardenS’s total liability in terms of product liability and ingredient and component damage is maximized to DKK 10.000.000. However, this does not apply to personal injuries.
FORCE MAJEURE
The customer cannot raise claims against Vikingegaarden in case of force majeure, including but not limited to labor dispute and any other circumstance which Vikingegaarden beyond control, such as fire, war, seizure, currency restrictions, riots and unrest, lack of means of transport, general scarcity of goods, restrictions on motive power and shortages or delays in deliveries from subcontractors, which are due to any of the circumstances mentioned in this point.
If the delay in delivery is due to a force majeure circumstance or is due to the Customer’s action or omission, the delivery time will be extended to the extent deemed reasonable under the circumstances. The delivery time is extended, even if the reason for the delay occurs after the expiry of the original agreed delivery time.
If a force majeure event has lasted more than 30 days, is Vikingegaarden entitled to terminate the agreement with 7 days’ notice. In the event of such termination, the customer is not entitled to compensation or other compensation from Vikingegaarden.
TERMINATION AND REPEAL
Unless otherwise stated in the agreement between Vikingegaarden and the Customer, the Customer is entitled to terminate the agreement with 3 (three) months’ written notice before the end of a subscription period (usually 12 months). Upon such termination of the agreement, the customer is not entitled to demand a refund of the payment made.
The customer can cancel Software modules with 3 months written notice before the end of a subscription period.
The customer can reduce the number of Hardware units for the Software solution with 30 days’ notice until the end of a month.
If the Customer subsequently wants units registered, the Customer will be charged a registration fee.
Devices are Hardware that is registered in the Software or for which a subscription is paid.
Vikingegaarden reserves the right to terminate the agreement at any time and with 12 months’ notice to the end of a month. Amounts that have been paid by the Customer will be refunded proportionately for the remaining period that was originally agreed, provided that the termination is not due to the Customer’s breach of the agreement.
If the Customer significantly breaches the agreement, including these conditions, is Vikingegaarden entitled to cancel the agreement in writing with immediate effect and to demand compensation in this connection according to applicable law and to pursue its claim with all available legal remedies.
Upon termination of the agreement, for whatever reason, the Customer must immediately cease using the Software and delete, remove and destroy any possible copy of the Software as well as return the login provided at the conclusion of the agreement.
SUPPORT FOR THE SOFTWARE
Any inquiries regarding support should be directed to Vikingegaardens dealer, unless otherwise agreed with Vikingegaarden.
For support, the Customer is billed at the hourly rate that appears at all times Vikingegaardens website, www.Vikingegaarden. Com.
Support is only provided regarding third-party software if it has been agreed with in writing Vikingegaarden.
UPGRADING ETC.
The software is continuously developed and upgraded at no additional cost to the Customer. As far as possible, system upgrades will be carried out at night so that any operational disruptions are minimised. When upgrading, there may be changes or adaptations of functions which the Customer is obliged to accept (without charge).
Upgrading of other software takes place in accordance with a written agreement with Vikingegaarden.
TERMINATION of Vikingegaarde
In the event that Vikingegaarden goes bankrupt, goes into receivership or otherwise ceases to exist, has Vikingegaardens parent company, UØ Holding ApS, all necessary rights to the Software and other of Vikingegaarden developed Software to carry customer agreements forward. The customer is thus obliged to accept that UØ Holding ApS (or a third party appointed by it) in the event of Vikingegaardens bankruptcy, suspension of payments or termination in any other way enters into the agreement with the Customer instead Vikingegaarden.
TRANSFER
The customer is not entitled to sell, rent, lend or in any other way assign or transfer the right to use the Software or other rights or obligations under the agreement with Vikingegaarden, including these conditions, to third parties without Vikingegaarden prior written consent.
Vikingegaarden reserves the right to transfer its rights and obligations under the agreement, in whole or in part, to a company within Vikingegaarden the group or to a third party.
INTELLECTUAL RIGHTS
Vikingegaarden has the full copyright, title and all other rights to the Software and Hardware developed by Vikingegaarden, as well as associated documentation, except for the limited right of use that the Customer receives in accordance with the customer agreement Vikingegaarden. Vikingegaarden (and its possible sub-suppliers) also have all intellectual property rights to the Hardware.
Vikingegaarden also retains all rights to its trademarks, names, logos and images and the Customer must not without Vikingegaardens consent use these as part of the agreement with Vikingegaarden.
Any disregard of Vikingegaardens (or its suppliers’) rights, including inappropriate or illegal use of or access to the Software, is considered a material breach of the agreement with Vikingegaarden and warrants Vikingegaarden to cancel the agreement and seek the rights secured by all available legal means.
CONFIDENTIALITY
The parties may not use or disclose business or other confidential information received about or by the other party without the other party’s prior written consent.
Vikingegaarden ensures that all storage and processing of the Customer’s data takes place in accordance with the provisions of the Personal Data Act,
Vikingegaarden stores the Customer’s data for a minimum of 3 months from receipt, unless otherwise agreed in writing.
CHOICE OF LAW AND JURISDICTION
All disputes arising from or relating to the agreement between the Customer and Vikingegaarden, including these conditions, are regulated by Danish law without regard to conflict of law principles and are decided exclusively by the Maritime and Commercial Court in Copenhagen. The parties expressly accept the jurisdiction of the said court and hereby waive the right to object to this.
However, the provision does not prevent Vikingegaarden in seeking or obtaining an injunction or pursuing other extraordinary legal remedies in courts of competent jurisdiction. To the extent permitted by applicable law, Vikingegaarden initiate simultaneous court proceedings regarding bailiff prohibitions in any number of jurisdictions.
