1. Scope of terms and conditions, company
These terms of sale and delivery apply for the purchase of services and products offered by Fr8Partner as well as the use of Fr8Partner's online tool.
The agreement has been made between you and Fr8Partner A/S, Olgas Alle 4, 6000 Kolding, Denmark, VAT no. DK-37450510.
By accepting the agreement, you agree that the applicable terms of sale and delivery at any time govern the relationship between you and Fr8Partner.
2. Delivery, billing and cancellation
Purchase of products and use of services offered by Fr8Partner including use of Fr8Partner´s online tool require your registration and creation of a customer account
When you have completed your order and payment has been registered, you can log onto your Fr8Partner account with your user name and your password. You will receive an electronic invoice by e-mail (electronic billing).
You must give accurate and complete information in when creating your account on Fr8Partner. In connection with this, you accept to receive legally binding messages via the stated e-mail address. It is your responsibility to continuously update your contact information so that Fr8Partner can contact you at any time and extend your subscription.
A subscription is applicable for twelve months and cannot be cancelled during this period. At the expiry of the subscription, you will receive a message by e-mail that the subscription must be renewed. If this does not happen, the access code will be deactivated on the day of expiration.
3. Prices
Prices are indicated by the subscription types, products and services. All prices are exclusive of VAT. For sales to EU countries, billing will be without VAT in accordance with the reverse charge principle.
4. Modifying a subscription
You can at any time upgrade your subscription to a more expensive subscription type, just as you can at any time opt for additional services.
In such cases, you will receive a bill in accordance with the increased payment as well as an extension of your subscription period. The start date for your new subscription period will then be calculated from the date when you upgrade your subscription. For example, if you have taken out a subscription on 1 January 2016 and then upgrade your subscription on 5 March 2016, your subscription period will then be calculated from 5 March 2016 and go for twelve months.
5. Operational reliability
Fr8Partner reserves the right to limit or restrict access to a Fr8Partner account or the scope of the services included in a subscription without notice to the extent that Fr8Partner considers such a limitation necessary with regard to operational and/or security conditions.
Fr8Partner emphasises that service strives for uptime of 99.9 percent and that Fr8Partner is not liable for system crashes, force majeure, etc.
The Fr8Partner system is intended to calculate individual customer's specified shipping rates. The system does not comprise of any shipping rates to be provided by carriers.
Fr8Partner is not responsible for any miscalculations in the Fr8Partner system. Current shipping offers by carriers apply. Fr8Partner reserves errors and defects in the calculations. Fr8Partner shall not be liable for any refund claims concerning price settlement, etc.
Fr8Partner draws attention to the fact that automated or machine-generated extracts and calculations may not be made from Fr8Partner.
6. Permissible and non-permissible operations
You are entitled to carry out all operations with the Fr8Partner system described within your subscription. Every licence entitles to single system access only. For using the system from another access point it is inevitable to log out from the system and renew your log-in from the other access point.
Your customer accounts entitles to personal use only. Assignment of user name and password to another person is prohibited.
You must not carry out the following operations:
- use the system in a way or for a purpose beyond the intended scope of service if such use may result in technical, practical or legal trouble for Fr8Partner or third parties,
- use the system in a way or for a purpose offending against the law,
- utilize machine-made extracts and calculations from the Fr8Partner system,
- evade technical measures dedicated to protect the system from infringements,
- access parts of the services, im particular data beyond the scope of your subscription.
7. Support
Fr8partner can offer e-mail support and telephone support respectively (phone support requires a separate purchase of this).
E-mail support: We strive to answer your requests as quickly as possible. It may take up to 48 hours on weekdays (2 working days).
Telephone support: We answer calls within our normal opening hours. See the opening hours on our website.
8. Breach
Fr8Partner is entitled to cancel the agreement in whole or in part in the event that you are in material breach of the agreement. Any operation declared non-permissible according to section 6 above will be considered a material breach of this agreement.
If Fr8Partner cannot give notice to you or renew your subscription as a result of your failure to update contact information, Fr8Partner may without notice stop delivering additional services in accordance with this agreement.
9. Liability and compensation requirements
The following disclaimer shall apply unless the mandatory rules of Danish legislation stipulate otherwise.
Fr8Partner disclaims any damage and any loss that you may suffer in connection with your subscription, including the use of or inability to access your FR8Partner account regardless of detailed background evidence for this, unless Fr8Partner has acted with intent to cause you harm or gross negligence.
The goal is 99.9% uptime, but Fr8Partner accepts no responsibility for this. We also reserve our position with regards to downtime that may occur during maintenance and updating of servers, etc.
Thus, Fr8Partner disclaims responsibility for direct losses and indirect losses, including operating losses, consequential damages, loss of data and the restoration of data.
If Fr8Partner should be held responsible for your use, the liability shall be limited to an amount equal to the subscription price paid for the subscription period in question, i.e. 12 months. It is emphasised that the purchased online service is solely for your own use and may not be loaned out (sharing of user name/password), resold or in any way re-distributed.
10. Transfer
Fr8Partner is entitled to completely or partially transfer your subscription and its rights and obligations under these terms to a third party.
11. Modification to business terms and prices
Fr8Partner is entitled to modify these terms without notice. However, modifications to the business terms in relation to existing subscriber agreements apply only after a renewal or extension of the subscription agreement.
Fr8Partner also reserves the right to price increases of the various types of subscription. Any price adjustment will only take place in relation to a new subscription period. Fr8Partner can also choose to collect payments for a service or a product that has previously been free.
You yourself are responsible at any time for being familiar with the applicable terms and prices specified Fr8Partner's home page.
12. Applicable law and jurisdiction
Any dispute arising from this agreement shall be determined in accordance with Danish law, regardless of whether these rules may result in the laws of another country being applicable, and will thus be determined by the Court in Kolding, regardless of where the customer may live or reside.
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