May 23, 2014

business terms

The following terms apply upon purchase of consulting hours & subscription products from Kammalou.com.

By accepting these business terms you, as a customer of Kammalou.com and a party to this agreement, agree to the current terms and conditions, and that this agreement between you and Kammalou.com governs any transactions in connection with orders and use of kammalou.com’s subscriptions and consulting products.

For purchase of consulting hours the following apply:

  1. The terms and conditions are effective as of December 1st, 2013
  2. Parties
    1. Seller: Kammalou.com ApS, Mosegård Park 38, 3500 Værløse, Danmark, CVR: 35533605, including kammalou or supplier.
    2. Buyer: The company, organization or individual who purchases one or more of the services described on www.kammalou.com or any associated business area, hereinafter buyer or customer.
  3. The customer is represented by him- or herself or of an appointed representative, kammalou.com is represented by one or more project managers to execute the project.
  4. Kammalou.com is selling an intangible service as described on the website www.kammalou.com, and the customer purchases these services by providing consideration for a predetermined hourly rate or fixed fee.
  5. At the time of purchase on www.kammalou.com, both buyer and seller agree to comply with terms listed on this page.
  6. Terms and conditions also apply to all offers, complete or partial deliveries.
  7. A sales contract is established at the time an order has been made via email and confirmed by a phone-call from kammalou, or electronically via email.
  8. The customer is responsible to review the terms and conditions periodically to keep up to date on any potential changes.
  9. Exceptions to these terms and conditions are only writing if in writing between the two parties.
  10. There is no right of return as all deliveries are intangible products and services which are produced for the customer based on the customer’s needs (custom). The customer is solely responsible to ensure that the final product meets customer’s requirements.
  11. To the extent kammalou provides potential solutions, these proposals should be interpreted as a suggestion, and not counselling, ie. kammalou disclains any liability for errors and omissions, unforeseen expenses, lost profits etc. resulting from such proposals. The customer is always responsible for the choice of approach.
  12. kammalou will not be held liable for erros and omissions in software (eg: modules, add-ins, cms-systems, e-commerce solutions etc.) acquired free of charge or obtained in connection with the execution of a project, even if these modcules are acquired as a result of proposals made by kammalou. Any defects, problems and claims should be forwarded to the manufacturer of the software (eg: modules, add-ins, CMS systems, e-commerce solutions etc.).
  13. The customer is the sole owner for the final product and has the rights to use, resell, lend and giving the product away without limiations.
  14. If the customer has a financial dispute with kammalou, for instance, overdue invoices, kammalou reserves the right to the product or products not paid in full, without necessarily waice its payment rights.
  15. All delivery times are approximate and no delivery guarantees are provided, including design or programming, and the customer waives the right to claim damages as a result of delays.
  16. No work is performed on Belarusian holidays. The customer will be made aware five days before a major holiday if possible. .
  17. The provider reserves the right that a developer may get sick. Therefore, no work will be performed on days a developer is sick, unless kammalou assess the work can be performed by a replacement developer without loss of productivity and/or quality deterioration.
  18. For longer periods of illness/absence, a new developer with equivalent qualifications will be transferred to the project as soon as is practically possible.
  19. If kammalou replaces a developer during peak periods, and this person is overqualified, it should be interpreted as a temporary measure and not a permanent solution.
  20. Kammalou reserves the right to use the customer as a reference.
  21. If a website will be set up in a CMS-system, the customer is responsible to ensure that the system meets the customer’s expectations and that the selected plugins, add-ons, and extensions meets all requirements of the customer, whether the customer has made the choice or the customer has received recommendations by a designer, developer or project manager at kammalou.
  22. Kammalou will not be held responsible for errors, omissions, delays, or losses associated with implementations for third-party systems.
  23. Customer is responsible for quality control and to coordinate any bug fixes and improvements with the developer or project manager.
  24. The purchase of 4, 8, 20 or 40 hours is payable in full before the work commences.
  25. For purchases of 80 or 160 hours 75% if payable in advance, and the remaining 25% when 80 or 160 hours has been exhausted.
  26. Kammalou attempts to record all phone conversations between the customer and Kammalou. This allows Kammalou (and the customer) to enter into oral agreements.
  27. Kammalou.com is a Danish Company where development is executed in Belarus. Any disputes are subject to and will be settled under Danish Law.
  28. Invoices are due 8 days after the invoice date.
  29. A 100DKK fee is incurred for each payment reminder and interest of 2% commences from the first month after the due date until the payment is made to kammalous bank account.

For purchases of subscription products (Hosting)the following applies:

  1. General terms
    1. It is a requirement that the customer is of legal consenting age to enter into a subscription.
    2. Kammalou.com’s various subscription types and details included herein can be found in the product comparison. In the following paragraphs, the customer’s chosen subscription type is referred to as “Subscription”.
    3. Kammalou.com’s current prices of various subscription types can be found in the individual product comparisons.
    4. Kammalou.com reserves the right to change its prices with a 45 day notice.
    5. The customers hosting product will normally be created immediately after acceptance of these conditions and payment of the subscription price. The buyer will receive a writting confirmation of the subcription via email (electronic invoicing) after accepting the subscription agreement.
    6. HIf the buyer wants to own its own domain it may take up to 5 business days and in some cases longer from the time the Buyer has signed the necessary documents to the domain has finally been re-delegated to registered.
    7. Kammalou.com reserves the right for domains indiated as “available” and thereby possible to register, is not necessarily the case when queries at the respective TLD-administrators may be incomplete.
  2. Term, Varighed, termination, and cancellation.
    1. A subscription runs for 12 monts.
    2. Kammalou.com reserves the right to cancel a subscription within a 30 days notice. All subscriptions paid in advance will be proportionally refunded if kammalou.com exercises the right to cancel. If termination is due to violation of these conditions there will be no refund and the termination will be made without notice.
    3. Buyer may at any time terminate a subscription with one month’s notice before the end of the subscription period, but prepaid amounts will not be refunded.
    4. Cancellations must be sent via mail or email with a valid signature, and the name/address and reason for termination. As long as the subscription runs without cancellation the buyer is obligated to pay the current rates in effect at the time.
    5. If Kammalou.com, as noted in point 22, makes substantial changes that may impair the customer’s business conditions, will the buyer have the option to terminate its subscription with a 30 day notice from the date of the change, regardless of the initial term.
    6. In addition, a 30-day guarantee on new purchases apply, refer to Subcriptions section 3, and applies only to hosting products on a shared server
  3. Right of return/money back guarantee
    1. Valid only for hosting products on a shared server
    2. The buy has a 30 day right of return. If the buyer wants to use this right, it must be done in writing via email at info@kammalou.dk within 30 days from the confirmation.
    3. A credit is made to the buyer’s bank account within 30 days, and it is important the customer provide the correct banking details.
    4. The domain fee is not subject to withdrawal, since domains are registered directly to the buyer and may be used independently of the buyers hosting product.
  4. Payment terms
    1. Prior to commencement of the new subscription period the buyser will receive an invoie pursuant to Subscriptions point 2. Payment is possible via bank transfer to Nykredit Bank (reg.no 5479 / account number 2725913) or by online payment using the payment site using the designated cards.
    2. By registering the payment the buyer will receive a receipt via email to the designated email address provided. In the event of non-payment the buyer will receive a reminder email with information and consequences of non-payment, ref. Subscription section 10.
    3. In the event of non-payment a past due fee of kr. 100 will be payment is still outstanding, and the subscription will cease, ref Subscriptions point 2.
  5. Changed to subscriptions
    1. The buyer may change subscriptions at any time.
    2. In the event the buyer wishes to downgrade the current subscription to another the provide will be adjusted to reflect the subsequent subscription. In the event the buyer wishes to upgrade the subscription, a proportionate collection will occur for the remainder of the period.
  6. Prohibited use of space
    1. It is prohobited to use a hosting product at Kammalou.com for illegal purposes. Hereby defined as material that the buyer does not have the legal rights to or have the right to publish as it may harm other persons, companies or their rights, and material that is prohibited by law.
    2. This ban applies to texts, images, movie clips, audio files, and any other conceivable information or links thereto. The ban is general and applies to the material placed on the server, regardless whether it is accessible for anyone, including the buyer.
    3. Illegal material is defined as pornographic material, material of a religious and political character, whether it is legal or not would be perceived as violently offensive. This will be assessed by kammalou.com, possibly in conjunction with an expert or advisory body within the area.
    4. Kammalou.com reserves the right to remove any content stored as zip, MP3, jpg and similar where they load the serves unduly. The pupose of kammalou.com’s hosting products is not to act as an external hard drive for storing large amounts of files for free downloads or viewing, but a slideshow and or sales space for private users, government agencies and businesses.
  7. Other prohibited use
    1. The buyer shall under no circumstances use the subscription in order to gain unauthorized access to systems connected to the internet or otherwise act in a manner that is punishable by Danish Law or other laws.
    2. The buyer will under no circumstances act or transpire in a manner that would cause an unreasonable burden on Kammalou.com’s servers and technical infrastructure, disrupt the internet functionality in general, violate the general net etiquette by, for instance, revealing other people’s private lives or through this behavior significantly offend other internet users.
  8. Traffic and scripts
    1. Kammalou.com’s current traffic limits for the various subscription types can be found in the product comparison. Kammalou.com does not charge for any additional usage. In the event that a buyer’s traffic usage over a period of time exceeds the subscription’s traffik limits would Kammalou.com possible contact the buyer to discuss a potential future upgrade to another subscription type.
    2. Kammalou.com offers free access to standard scripts and the use of other scripts. It is assumed, however, that these scripts would not put an unduly burden on the servers.
  9. Termination
    1. Kammalou.com is entitled to terminate the buyer’s subscription in the event of material breach of these terms and conditions, including but not limited to Subscriptions points 6, 7, 8 and 15.
    2. Danish Law would apply when Kammalou.com has reached the decision of a material breach.
    3. Under no circumstances in cases of termination will there be a request for return of benefits or refunds of payments to the breaching party in the period prior to the date of the termination notes.
  10. Cancellation of subscription and customer relationship
    1. Upon termination of the customer relationship with Kammalou.com, whether terminated by buyer or kammalou.com, will all buyer’s data on the hosting product (including data on email systems) be deleted 8 days after the cessation of each subscription type.
  11. Operational safety
    1. Kammalou.com reserves the right, without notice, to limit or restrict access to a hosting product or the extent of the services as part of a subscription if kammalou.com consider such a restriction necessary for the operation and/or safety reasons.
  12. Liability
    1. The buyer’s use of its hosting- and kammalou.com’s services is entirely at the buyer’s own risk. Kammalou.com assumes no liability for the content, including the accuracy, legality, completeness etc. of the information which the buyer receives or transmits over the internet. Furthermore, Kammalou.com assumes no liability for unauthorized monitoring, collection of, or access to the buyer’s traffic or data.
    2. Kammalou.com is not liable for any damage or loss the buyer may suffer in connection with the buyer’s subscription, includin the use or inability to use the hosting product or kammalou.com’s services in general, regardless of the precise basis in question, unless kammalou.com has acted deliberateliy to the detriment of the buyer or with gross negligence.
    3. Kammalou.com disclaims liability for direct losses and indirect losses, including the loss of profits, consequential damanges, loss of data, and data recovery.
    4. If Kammalou.com is held responsible for the buyer’s use, kammalou.com’s responsibility will be limited to an amount equal to the buyer’s cost of the subscription price for the applicable subscription period.
  13. Mailinglist
    1. Communication from kammalou.com to the buyer regarding the customer relationship is to a certain extent automated, and will generally be via email. The buyer may also give his/her consent for kammalou.com to contact the buyer regarding products and offers from kammalou.com and our partners providing the hosting product-related services and IT-security solutions.
  14. Third party rights
    1. Kammalou.com is responsible to the buyer to ensure that kammalou.com’s services does not infringe on the rights of third parties. Kammalou.com is responsible for the buyer’s data, websites, etc. and to ensure that the buyer’s hosting products do not infringe on any third party rights. If there is legal action against the buyer or kammalou.com, claiming that kammalou.com’s services infringe on third party rights, kammalou.com gives you the following choices (i) change its services to ensure the violation will cease, or (ii) terminate this agreement wholly or in part without further liability for kammalou.com. In borth cases, kammalou.com is entitled to take over the case and the case costs, and kammalou.com is authorized to carry out the case or terminate amicably.
  15. Customer information
    1. Upon buyer’s purchase of a subscription kammalou.com will record customer information, in particular, name, address and email in kammalou.com’s customer database. Kammalou.com’s processing of such data is subject to and will be in accordance with the Act on Processing of Personal Data.
    2. The buyer is obligated to notify kammalou.com of any changes in the buyer’s address and/or email address. Failure to notify kammalou.com of such changes is deemed a material breach of the buyer’s obligations under the terms and conditions and kammalou.com will justifiably have the right to immediately terminate the buyer’s subscription see paragraph 9 above.
  16. Buyer’s processing of personal information and other data
    1. The buyer accepts the responsiblity for how personal personal information and data is recorded on the buyer’s hosting product and how this personal information is used. Kammalou.com administrates any personal information as instructed by the buyer.
    2. To the extent that personal data covered by the Act on Processing of Personal Data, personal data is processed using kammalou.com’s servers, buyer must provide kammalou.com a writting notice and is aware that the law on personal data protection § 41, pts. 3-5 applies for kammalou.com’s processing of any personal information.
    3. Kammalou.com is in every respect under no liability for all matters falling under the Act on Processing of Personal Data in connection with the procurement of personal data processed and the customer shall indemnify kammalou.com for any claim arising out of the Act on Processing of Personal Data, other regulation on processing of personal data or other public regulation thereunder.
    4. Kammalou.com reserves the right to gain access to the buyer’s stored data, to the extent that after kammalou.com’s best estimate is necessary for its operating and safety conditions. Kammalou.com and its employees wil in this connection be under a duty of confidentiality and notify buyer that kammalou.com had access to the stored data.
  17. Criminal activity
    1. If kammalou.com becomes aware of criminal activities or activities related to a buyer’s subscription and use of its hosting product will not only kammalou.com terminate the buyer’s subscription effective immediately in accordance with Subscriptions pt 9, but also forward any relevant information to the danish authorities to the extent required.
  18. Contact and support
    1. Email support : Kammalou.com offers mail support all days via support@kammalou.dk. Questions from customers through Biz Support is usually answered within 10 hours. Questions from customers through Standard Support is usually answered within 24 hours.
    2. Phone support: Kammalou.com offers phone support all weekdays kl. 09.00-17.00 for customers through BIZ support.
  19. Specific conditions for the use of WebShop
    1. The buyer has by virtue of its role as a “shopkeeper” required to specify relevant information such as name, address, company registration number, telephone number and email address in the store.
    2. Moreover, the buyer is in all respects responsible to ensure the webshop complies with the applicable laws and regulations, including fiscal rules, accounting and bookkeeping rules, and regulations on consumer protection and data requirements.
    3. The buyer is also required to hold kammalou.com harmless from any claims that may be directed to kammalou.com as a result of the purchaser and the operation of the store.
  20. Transfers
    1. Kammalou.com is entitled to fully or partially transfer the buyer’s subscription and its rights and obligations under the terms and conditions to third parties.
  21. Change in terms
    1. Kammalou.com is entitled to amend the terms and conditions with a notice of 45 days.
  22. Choice of law and court location
    1. Terms and conditions including the buyer’s subscription is subject to Danish Law, and any disputes and disagreements between the buyer and kammalou.com is to be settled by the Maritime and Commercial Court in Copenhagen.

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