VK DATA Sales and delivery conditions
valid from 01.06.2013
§ 1. Terms
1.1) )These terms apply to all collaboration between VK DATA ApS (VK DATA) and the Customer, unless otherwise agreed with the Customer.
§ 2. Communication
2.1) All communication with binding terms between VK DATA and the Customer can take place via letter or e-mail, unless otherwise agreed.
§ 3. Offer
3.1) All offers from VK DATA are valid for 14 days from the date of the offer - however, offers can be submitted with a different deadline, which will be stated in the offer.
3.2) The customer can accept an offer per e-mail. For some types of agreements and licenses, VK DATA also requires a signature on a physical document before a final agreement is concluded.
§ 4. Consulting assistance
4.1) The customer is made aware of and accepts that all inquiries to VK DATA will be treated as a request for payable assistance, unless the inquiry can be attributed to a prepaid service.
4.1.1) Inquiries that only concern information about prices or requests for offers that do not require analyzes or other assistance from VK DATA's side are not, however, considered requests for payable assistance.
4.2) Assistance at the Customer's place or at a location designated by the Customer is settled per started hour. The start time for the assistance is when the consultant leaves home and walks in the door and the end time is when the consultant is at home in the office.
4.3) Assistance via telephone, e-mail or remote connection is billed per quarter started. Start time is when the consultant begins the task. The end time is when the support task is completed.
4.4) Driving is settled per mileage started and paid by the hour, from Company address to Customers address. Expenses for bridges, ferries, planes etc. are reimbursed by the customer.
§ 5. Prices and payment
5.1) All prices given by VK DATA are excl. VAT, preparation, installation, commissioning and delivery.
5.2) Payment must be made 8 days after the invoice date, unless otherwise stated in the Customer's invoice, or unless VK DATA requires advance payment.
5.3) Should VK DATA deliver products purchased from a third party (hardware/software), these products will be invoiced upon delivery to the Customer or VK DATA.
5.4) Cutting cards and service agreements are invoiced and paid for by the customer in advance before commissioning.
5.5) The customer must make full payment to VK DATA, even if a delivery is postponed due to the customer's circumstances.
5.6) VK DATA calculates a reminder fee of DKK 100 excl. VAT per moves.
5.7) In case of late payment, VK DATA calculates a default interest of 2% p.a. per started month.
5.8) If the Customer has overdue unpaid bills, VK DATA is entitled to suspend any delivery of further products and services to the Customer of any kind until full payment has been made. VK DATA is also entitled to disconnect all of the Customer's hosting/website until full payment has been made.
5.9) VK DATA has reservation of title to the sold item until the full purchase price has been paid.
5.10) In the event of non-payment, VK DATA is entitled to terminate concluded support/service agreements and other agreements in whole or in part and demand compensation for all losses.
§ 6. Documentation
6.1) If the Customer has a subscription, service agreement or clip card with VK DATA, the Customer can receive login information from VK DATA.
6.2) VK DATA only establishes a documentation consisting of a series of installation information for the Customer, which VK DATA comes into possession of as a result of consultancy services carried out for the Customer.
6.2.1) The installation information is only maintained if there are changes as a result of consulting tasks carried out by VK DATA.
6.2.2) If the Customer wants actual documentation of the Customer's IT environment/system or user guides for the Customer's IT environment/systems, this takes place after a separate agreement and payment. The same applies to maintenance of already prepared documentation/user instructions.
§ 7. Installation and setup
7.1) VK DATA decides whether preparation takes place at the Customer's place or at VK DATA.
7.2) When the Customer and VK DATA have agreed when installation and set-up must take place, the Customer, possibly in collaboration with VK DATA, must ensure that the following is prepared as a minimum on the agreed date:
7.2.1) Power required; including strong current with grounding and necessary power cables brought to workstations.
7.2.2) Sufficient internet connection and necessary and sufficient network cabling with all necessary network outlets and sufficient capacity.
7.2.3) Server room/printer room or other room/location that meets the requirements for the location of IT equipment, including with the necessary cooling and freedom from dust.
7.2.4) SIM card and all necessary codes if you have to work with mobile devices.
7.3.5) Presence of employees and computers/mobile devices necessary to carry out the task ordered.
7.2.6) All necessary logins for all internal and external IT systems.
7.2.7) Valid license keys for all software to be installed/updated.
7.3) VK DATA is entitled to invoice all additional time used as a result of the Customer's failure to fulfill the above, unless the Customer has entrusted all or some of the tasks to VK DATA for a separate payment.
7.4) The customer is responsible for disposing of all packaging from the supplied hardware/software, unless the customer has entrusted this task to VK DATA by paying separately.
7.5) If VK DATA has advised on dimensioning and/or selection of equipment and software, and such advice is based on the Customer's own prior information about capacity, planned use, etc., cf. the Customer's written requirement specification, then the Customer has full responsibility for both the completeness and correctness of the information provided and bear responsibility for all consequences of lack of correctness/completeness.
7.6) When installation and set-up is complete, the Customer himself must safely store all license certificates, original data media and other things that enable the Customer to re-establish the installed, unless it has been agreed that VK DATA will take care of these tasks.
§ 8. Prepaid support package
8.1) Prepaid support package is invoiced upon creation.
8.2) All consulting assistance carried out by VK DATA, cf. these terms, can be paid for with a prepaid support package, and will be deducted from the prepaid support package by VK DATA, unless the assistance is covered by another agreement; eg. external consultants.
8.3) All prepaid support packages expire 24 months after the invoice date.
8.4) Prepaid support packages cannot be transferred and/or refunded.
8.5) The customer can request information on the status of the prepaid support packages at any time.
§ 9. Subscriptions
9.1) VK DATA sells a number of products and services which are acquired via a subscription. This may be software with an annual license, domain names, hosting (operation) and other products with a periodic payment.
9.2) The customer is made aware of and accepts that an agreement has been entered into for the purchase of a subscription when a period is specified on an invoice from VK DATA; eg. per 1 year or per quarter.
9.3) Subscriptions are automatically renewed if the Customer has not canceled the subscription in writing no later than 1 month before the end of the period stated on the invoice. If otherwise agreed with the Customer, this applies.
9.4) Certain subscriptions are counted periodically and invoiced based on the new count.
9.5) VK DATA may without notice increase the prices of subscriptions that have not been terminated by the same price increase that VK DATA's suppliers have increased the price with. Additional price increases must be made known to the Customer before the end of a period.
9.6) If the Customer chooses not to extend a subscription, or if the subscription is closed, the Customer himself is responsible for the deterioration of the Customer's security/operational situation that termination of a subscription may cause.
9.7) If the subscription includes the right to store data/backup data, the Customer is himself responsible for any data being read out before the subscription ends, unless it has been agreed that VK DATA will handle this task.
9.8) VK DATA can close an ongoing subscription if the Customer has not paid for the subscription on time. Shutdown does not exempt the Customer from paying for the subscription. Any re-establishment of a subscription after shutdown will take place on new terms.
§ 10. Hosting/Cloud
10.1) If VK DATA undertakes to host (operate) all or parts of the Customer's IT environment, including websites, the following conditions apply:
10.1.1) All hosting takes place with a subcontractor chosen by VK DATA.
10.1.2) VK DATA's subcontractors' conditions apply to all hosting, which can be provided on request.
10.1.3) The customer is aware that access to the customer's IT environment/website may be interrupted as a result of preventive maintenance or as a result of conditions beyond VK DATA's control.
10.1.4) VK DATA cannot be held responsible for lack of availability, which is due to circumstances beyond VK DATA's control/relationships with the sub-supplier, which according to usual terms for hosting services cannot be asserted against the supplier.
10.1.5) The customer is made aware of and accepts that lack of backup during downtime is not VK DATA's responsibility.
10.2) The customer is made aware that if the customer uses encryption keys, they CANNOT be recreated if the customer loses them. VK DATA cannot therefore be held responsible for loss of data due to loss of the Customer's encryption key.
§ 11. Service agreement
11.1) The customer has entered into a service agreement with VK DATA, if a contract has been entered into regarding this.
11.2) A service agreement with VK DATA includes the number of periodic visits/online inspections that appear in the Customer's contract and invoice.
11.3) VK DATA takes the initiative to carry out service visits and agrees the time with the Customer. The intervals of the service agreement are agreed with the customer at the start of the service agreement.
11.4) Before each service visit/online inspection, the Customer must ensure that VK DATA has full access to the Customer's IT environment, including the computers/mobile devices that will be included in the service visit.
11.5) Unless the Customer expressly requests that the time not be used for this, VK DATA's consultant will always, during a service visit, review: • Servers and present computers below to see if their software supplied by VK DATA is sufficiently updated. • The customer's backup solution including restore routines. • Whether the Customer's standard software is updated. • System log from the Customer's servers. • The customer's IT documentation.
11.6) A service agreement with VK DATA can also be used for e.g. ad hoc support, training and business development through IT. A service visit can, if the Customer so wishes, end with a verbal recommendation of what the Customer should have improved or investigated further.
11.6.1) If the Customer wants additional work carried out as a result of a service visit, this is done for a separate payment.
11.7) A service agreement can be terminated by either party with at least 1 month's written notice before the end of a subscription period.
11.8) Driving to and from the Customer, in the case of service agreements, is calculated as mentioned in § 4.
11.9) If VK DATA drives to an agreed service visit in vain, VK DATA has the right to consider the service visit completed.
11.10) To fulfill the service agreement, VK DATA can install auxiliary tools on the Customer's computers and mobile devices, including tools that collect information about configuration and use and report this to VK DATA.
§ 12. Development tasks
12.1) If VK DATA undertakes a development task, the Customer only gets the right to use the developed; including copyright to the extent that VK DATA can transfer the rights.
12.2) If VK DATA prepares the design or set-up of websites, the Customer also gets the full usage rights to the extent that VK DATA can transfer the rights.
12.3) Regardless of the above transfer of rights, VK DATA always has the right to reuse the developed.
§ 13. Delivery – extent, time and place
13.1) VK DATA must deliver the hardware and software ordered by the Customer on the order confirmation approved by the Customer. If the Customer has not specified precise specifications, e.g. with regard to make or model number, VK DATA has the freedom to choose the make.
13.2) VK DATA chooses whether delivery is to be made to VK DATA or directly to the Customer.
13.3) Delivery to the Customer takes place as follows: For hardware:
• Hvis hardwaren leveres til VK DATA, så er levering sket, når VK DATA har modtaget hardwaren og sikret sig, at den leverede hardware er den korrekte.
• If the hardware is delivered directly to the Customer, then delivery has taken place when the hardware is sent to the Customer by VK DATA or a third party.
For software:
• Delivery takes place when the software is installed on hardware belonging to the Customer or to be used by the Customer.
Consulting assistance:
• Consulting assistance is delivered when the Customer has had access to familiarize himself with the result, if such has been agreed, or when the consulting assistance has been completed.
13.4) VK DATA is entitled to postpone the delivery time if VK DATA's sub-suppliers postpone their delivery time. VK DATA always strives to deliver on time.
13.5) In the event of a delay, the Customer cannot obtain compensation or cancel the purchase.
13.6) VK DATA may charge freight, delivery and/or handling fees, including through-invoicing freight, delivery and handling costs invoiced by third parties.
§ 14. Complaint/error
14.1) The customer must report errors or delays to VK DATA immediately and without delay. When the Customer receives hardware/software, the Customer must examine the hardware and/or software as soon as possible after receipt and ensure that it meets the specifications agreed with VK DATA.
14.2) If the Customer has purchased or obtained factory warranties, the terms for notification of claims under the warranty apply as a timely complaint.
14.3) For opsætning/klargøring gælder, at Kunden senest fem hverdage efter ibrugtagelse af hardwaren, skal komme med en reklamation, hvis Kunden ikke er enig i, at hardwaren er korrekt opsat/klargjort.
14.3.1) In case of complaint, it would be sensible for the Customer to have kept the original packaging intact for use in case of shipment.
14.4) Any complaint must state what is wrong with VK DATA's delivery and what exactly the Customer wants VK DATA to do. 14.5) VK DATA then informs the Customer whether the complaint can be accepted. VK DATA is free to choose between redelivery, repair or giving the Customer a proportionate reduction in the price.
14.5.1) Redelivery/correction must take place within a reasonable time, and as soon as is practically possible for VK DATA.
§ 15. VK DATA's responsibility and limitations in liability
15.1) VK DATA is liable for damages according to the general rules of damages under Danish law for losses as a result of actions or omissions caused by VK DATA or parties for which VK DATA is responsible; including VK DATA's suppliers with the restrictions listed below:
• VK DATA is not responsible for damages for losses that have occurred as a result of interruptions, disruptions or changes to public networks, power grids and/or services in connection with measures deemed necessary for technical, maintenance and operational reasons or imposed by the authorities; unless VK DATA has neglected to limit the disadvantages thereof.
• VK DATA is not responsible for compensation for the Customer's indirect losses. Including but not limited to lost profit; loss of production; loss as a result of the Customer not being able to use a service from VK DATA as stipulated by the Customer; loss as a result of an agreement with a third party falling apart, breach of contract and the like. VK DATA is not liable for damages as a result of changes in the content of data received or sent from the Customer, which is due to transmission errors.
• VK DATA is not liable for damages as a result of unsolicited or unwanted sending of data to the Customer or as a result of the Customer's loss of personal data or installed software.
• VK DATA is not responsible for damages as a result of unauthorized access to the Customer's data and/or systems.
• VK DATA cannot be held responsible for the Customer's violation of Danish legislation or violation of third-party rights in connection with the storage of data for the Customer.
• Regardless of the cause of the damage/loss, VK DATA's liability can never exceed an amount corresponding to the Customer's current payments to VK DATA in the past 6 months prior to the time of the damage, except for losses caused by intent/gross negligence on the part of VK DATA's employees or subcontractors.
15.2) Compensation for the purchase of hardware/software is limited to the price of the product in question.
§ 16. Force Majeure
16.1) VK DATA cannot be held financially or technically responsible when the following circumstances occur after the conclusion of the agreement and prevent or postpone the fulfillment of the agreement: Circumstances which VK DATA did not know or should have known or taken into account when the agreement was concluded, and which VK DATA did not have any influence on.
Including, but not limited to, labor dispute, strike, lock-out, severe, unusual or infrequent weather, power interruptions, supply difficulties or sudden illness or death resulting in unexpected absence, fire, war, requisition, seizure, government regulations, currency restrictions , riots, disturbances, lack of means of transport, lack of energy supply, general shortage of goods, shortages or delays from subcontractors due to any of the circumstances mentioned in this point or circumstances in general.
16.2) If the fulfillment of an agreement is postponed by more than six months as a result of the above, both parties can cancel the agreement with fourteen days' written notice.
§ 17. Ticket sales
A binding purchase agreement is only entered into between the organizer and the holder of the ticket ("you") when VK DATA has registered your registration and received payment, and you have received an order receipt.
17.1 I forbindelse med køb på vkdata.dk, kan du vælge at gemme dine betalingskortoplysninger til brug ved fremtidige køb. Af sikkerhedsmæssige årsager skal du dog indtaste den trecifrede sikkerhedskode, hver gang du foretager et køb.
Dine betalingskortoplysninger vil blive opbevaret betryggende og vil ikke blive anvendt til andet end gennemførelse af køb på vkdata.dk. Du kan til enhver tid tilbagekalde dit samtykke til, at dine betalingskortoplysninger opbevares, enten i forbindelse med fremtidige køb eller ved at rette henvendelse til salg@vkdata.dk.
17.2 All prices include VAT, taxes and fares, but exclude delivery costs and other charges. These costs will appear separately and as part of the total amount under the order flow before the payment is made.
If you pay with MasterCard or VISA, the payment is handled by our partner World Line.
17.3 An event is canceled if the event does not take place at all. Changes in the location, partial completion of the event, etc. is therefore not a cancellation, and the money is not normally refunded.
17.4 Purchased tickets are only refunded in the event of cancellation. It is the individual organizer who, as your contractual party, is responsible for refunding the purchase price in the event of cancellation. The refund itself is made by VK DATA on behalf of, and according to instructions, from the organizer. The refund is made to the payment card that was used to purchase the tickets.
As an intermediary, VK DATA is not liable to you for your loss as a result of the organizer's suspension of payments, bankruptcy, cancellation of the event or as a result of any other deficiencies regarding the event. You thus agree to be barred from making such claims against VK DATA.
ATTENTION! Ticket fees, other fees, cancellation insurance and any shipping costs paid in connection with the ticket purchase are not refunded in case of cancellations/moves.
There is no right of cancellation for the purchase of tickets on VK DATA.
§ 18 Forbehold
VK DATA reserves the right to cancel issued tickets against reimbursement of the ticket price and fees.
VK DATA reserves the right for errors in information about prices and for sold-out events.
VK DATA reserves the right to change the seat allocation within the same ticket category, as well as move to another category against paying you any price difference.
VK DATA is solely responsible for the ticket buyer's possible direct losses, if liability exists according to the general rules of Danish law. VK DATA's liability in such cases is limited to the ticket fee paid.