Terms &
terms


1. General

1.1 These general terms and conditions apply to any agreement between Qatchr (hereinafter referred to as the Supplier) and the user (hereinafter referred to as the Customer).

1.2 The Supplier is entitled to change the general terms and conditions provided that this is communicated to the Customer 14 days in advance.

1.3 Any deviation from these general terms and conditions must be made in writing in a separate agreement document. The general terms and conditions applicable at any time and the price list applicable at any time have been handed out and accepted by the Customer in connection with the conclusion of the agreement and can be found on the Supplier's website www.qatchr.dk/priser.

1.4 It is the Customer's responsibility to ensure that the Supplier's application is not used in a way that could potentially damage the Supplier's name, reputation or goodwill. It is also Customer's responsibility not to violate relevant legislation or other regulation.

1.5 The access to use Supplier's application applies exclusively to Customer. Access to the application may not be used by anyone other than Customer.

1.6 The Customer also undertakes to use the Application only in accordance with this Agreement, including to perform credit checks and monitoring of subjects with whom the Customer has a credit relationship. None of the information and/or services covered by this agreement may be disclosed to anyone other than the Customer or otherwise used to enrich the Customer's business.

1.7 The Customer is not entitled to transfer its access/membership to a third party (neither in whole nor in part) or to give a third party access to the Supplier's application.

1.8 The Supplier's Application and Services are offered exclusively to commercial Customers (with an active CVR number).

2. Acceptance of subscription and terms

2.1 These general terms and conditions are accepted by the Customer by checking "I have read and accept Qatchr's terms and conditions" on the registration form, by using our application, by completing the purchase process in the application or by otherwise indicating its acceptance thereof.

3. Termination and duration of subscription

3.1 The Customer's subscription enters into force upon conclusion of the agreement/order and runs until termination in accordance with the General Terms and Conditions. Thus, the subscription is automatically renewed every month with a new binding period of 1 month, unless the Customer has terminated the agreement no later than 7 days before the end of the current binding period.

3.1.1 The Supplier will automatically invoice one month in advance for the agreed period, unless otherwise agreed in writing.

3.2 Termination or opt-out of additional services (add-ons) must be made in writing by contacting Qatchr via e-mail kundeservice@qatchr.dk . The termination will subsequently be confirmed by e-mail.

3.3 After termination of the subscription period, the Supplier has no further obligations to the Customer.

3.4 The Supplier is entitled to terminate the cooperation with immediate effect in the event of the Customer's breach of these general terms and conditions and dishonest behavior towards the Supplier.

4. Scope and use of the subscription

4.1 In accordance with these General Terms and Conditions, Customer is granted a non-exclusive access to use Supplier's Application via www.qatchr.dk. The Customer does not acquire the Supplier's application and service or a copy or part thereof. The Customer therefore does not obtain a license to redistribute the application as the Customer's own product.

4.2 From the day the Customer signs up via the Supplier's website, a trial period of 14 days is granted. The trial period includes 1 monitoring and 20 credit checks of companies.

4.2.1 At the end of the trial period, the 'Credit Check' and Monitoring functions are deactivated in the application.

4.3 From the day the Customer signs up via the Supplier's website, the Customer can purchase a subscription via the Supplier's application, which includes unlimited company credit checks and a fixed number (depending on the selected subscription) of company monitoring.

4.3.1 The features and price of the subscriptions can be viewed on the Supplier's website www.qatchr.dk.

3.3.1.1 Some features, services and add-on modules (add-ons) may have separate prices and conditions that must be accepted in addition to these General Conditions before they can be used.

4.4 From the day the Customer registers via the Supplier's website, the Customer can also purchase credit lookups of private customers via the Supplier's application using a clip-based solution.

4.4.1 One clip applies to one credit lookup.

4.4.2 If a private customer cannot be validated when performing a credit lookup, the credit lookup (clip) in question is not deducted.

4.4.3 Purchased clips have no expiration date.

4.5 The Customer's subscription gives the Customer access to use Supplier's application for credit checks and the number of monitorings specified in the specific subscription on Supplier's website or application.

4.6 By entering the Customer's card details, it is accepted that the Supplier may periodically (monthly) charge an amount corresponding to the amount stated for the subscription (prices are clearly stated on the Website and in the Application).

4.7 The Customer's subscription will be renewed automatically until the Customer terminates, see clause 3.

4.8 If the Customer chooses to change its subscription, the features (number of monitorings and other features stated in the price list on the Website or Application) will be available immediately.

4.9 If Supplier observes that the Customer has been inactive (no logins to the application) for more than one year and no monitoring is ongoing, Supplier is entitled to delete the Customer's account.

5 Price and payment terms

5.1 Applicable prices can be found at any time on the Supplier's website www.qatchr.dk.

5.2 All prices are stated in Danish kroner and are ex. VAT.

5.3 The Supplier reserves the right to adjust the product mix at any time with 14 days' notice.

5.4 The payment date is 14 days from the invoice date.

5.5 If the Customer chooses card payment, an invoice will be sent to the Customer's e-mail address specified when registering via the Supplier's website, specified via e-mail correspondence or provided via telephone conversation, at the same time as payment is deducted.

5.6 If the Customer chooses invoice payment (payment by sending an invoice), the invoice is due for payment 7 days after it is sent by email to the Customer.

5.7 There is no refund or right of withdrawal when purchasing a subscription. The subscriptions are only offered digitally to businesses. Therefore, there is no 14-day right of withdrawal. This also applies to accounts that have been closed due to inactivity, see section 4.8.

5.8 The first billing period (one month) starts when the Customer has ordered the desired subscription (via the Application, in writing or by telephone order). The Customer will be invoiced in advance of each billing period.

5.9 After ordering a subscription, the pay-to-use services (credit checks and monitoring) included in the relevant subscription solution are activated for the Customer. This applies to both card and invoice payment.

5.10 If the Customer chooses to upgrade their subscription, the Customer will be invoiced for the new subscription immediately. The remaining days from the Customer's previous subscription will be deducted on the new invoice.

5.11 If the current subscription or ordered number of credit listings is not paid on time, a first reminder will be sent without fee 7 days after the invoice due date. If the subscription is still not paid, a second reminder will be sent after another 10 days with a fee of DKK 100 and DKK 310 in compensation fee. If payment is still not received 10 days after the second reminder, the Customer's access to pay-to-use services (credit checks, credit reports and monitoring) will be blocked. Access can be restored after payment has been received, unless the Supplier has terminated the cooperation, cf. section 3. If the outstanding amount has not been paid, the invoice will be sent to our debt collection partner for collection.

5.12 The Customer accepts that invoices and reminders sent by e-mail to the e-mail address provided by the Customer shall be considered delivered when sent by the Supplier.

6. Supplier's responsibility

6.1 The Supplier makes reservations for programming errors and server crashes.

6.2 The Supplier is not liable for any direct or indirect losses incurred in connection with the use of the Supplier's service.

6.2.1 The Supplier's recommended credit score, credit maximum and maximum number of credit days are calculated based on a wide range of factual and financial information. The calculations should only be seen as recommendations based on digitally reported financial statements and company information at the Danish Business Authority and are therefore not a guarantee of the actual creditworthiness. The Supplier is not liable for any losses resulting from the use of credit maximum and maximum number of credit days.

6.2.2 The Supplier's credit lookup of private customers is performed by looking up the Debtor List's debt register and displaying publicly available and demographic data. The Supplier does not provide a recommendation for the further credit relationship with the Private Customer and is therefore not liable for any losses resulting from the use of Credit Lookup.

6.3 The Supplier is not liable for failure to fulfill its obligations to the Customer if this is due to circumstances beyond the Supplier's control, such as flood, fire, strike, lockout, services from telecom and network suppliers, hacking, virus, spyware and malware and similar forms of force majeure.

6.4 It is the Customer's responsibility to inform the Supplier of any changes to: address, telephone number, email address, CVR number, company name or other information reported to the Supplier.

6.5 The Supplier is not responsible for the third-party solutions available and/or integrated with the Application. Thus, Supplier cannot be held responsible for the accuracy, completeness, quality and reliability of the information or the results obtained through Third Party Solutions. Similarly, the Supplier cannot be held liable for the availability, security or functionality of the third-party solutions, including for possible damage and/or loss caused by third-party solutions. It is the Customer's responsibility to prove that any loss suffered by the Customer cannot be attributed to Third Party Solutions.

6.6 Customer agrees to indemnify Supplier for any claims or losses arising from product liability, third party losses or third party liability to the extent arising from Customer's use of the Application.

7. Updates and operational stability

7.1 The Supplier reserves the right to update and change the Application. The Supplier is also entitled to change the composition and structure of the Application and Services. Such updates, improvements and changes may be made with or without notice and may affect services, including information and data uploaded to or provided by the Application.

7.2 The Supplier strives for the highest possible operational stability, but is not liable in the event of breakdowns or operational disruptions (see clause 5).

7.3 In the event of a breakdown, the Supplier will strive to restore normal operations as soon as possible.

7.4 Scheduled updates and outages of the application are placed during periods where the fewest Customers will be affected.

8. Customer data, confidentiality and data security

8.1 The Customer's data is stored and processed in accordance with the Supplier's personal data policy applicable from time to time, which can be found on the Supplier's website: www.qatchr.dk/persondatapolitik/

8.2 In connection with the General Data Protection Regulation, the Danish Data Protection Act and any new legislation in addition thereto, Supplier and Customer will be obliged to follow the rules applicable from time to time. The Supplier is entitled to make any adjustments to the Supplier's agreement with the Customer to ensure compliance with the personal data and data protection legislation applicable at any time.

8.3 The Supplier is the data controller on behalf of the Customer in connection with the Customer's credit lookup via the Application.

8.4 Supplier is entitled to retain Customer's data after termination of the cooperation in order to use anonymized data for statistics and analysis of Supplier's services.

8.5 Supplier is entitled to delete Customer's data 90 days after termination (for whatever reason).

8.6 The Supplier has a duty of confidentiality - meaning that the Supplier is not entitled to disclose information about the Customer to third parties unless the information is publicly available or if the Supplier is obliged to disclose the information by law (or by order of an authority and/or court).

9 Intellectual property rights

9.1 The Application and information provided from the Application, except for Customer's data, are protected by copyright and other intellectual property rights and belong to or are licensed to Supplier. Individually developed software also belongs to the Supplier, unless otherwise agreed in writing. The Customer must notify the Supplier of any actual or potential infringement of the Supplier's intellectual property rights or unauthorized use of the application that the Customer becomes aware of.

9.2 There is no transfer of intellectual property rights to the Customer.

9.3 In relation to material uploaded by the Customer and all Customer data, the Customer grants the Supplier and its suppliers an authorization and global license sufficient for the Supplier to properly run and support the application and fulfill its obligations and conduct marketing to the Customer. The Customer warrants that the material uploaded does not violate the rights of third parties and does not contain material that may be offensive or in violation of applicable laws or other regulations.

10. Transfer of ownership

10.1 The Supplier is entitled to transfer its rights and obligations towards the Customer to a group company or third party.

10.2 The Customer accepts that the Supplier is entitled to use subcontractors in all matters - including for the execution and operation of the application and for storage of the Customer's data.

11. Choice of law and jurisdiction

11.1 Any dispute that may arise between the Customer and the Supplier in connection with the concluded cooperation agreement, including disputes concerning the interpretation of these general terms and conditions and the price list, must be settled under Danish law by arbitration. The Supplier may choose that the dispute, as an alternative to Arbitration, shall be settled by the Court in Glostrup.

12. Validity

12.1 These terms are valid from February 21, 2020

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