Subscription terms ZIMAONE WORKPLACE
These subscription terms apply to the ZIMAONE WORKPLACE Platform, hereinafter referred to as the application, at ZimaOne Denmark ApS, hereinafter referred to as the Supplier.
These terms are valid as of May 1, 2021
It is assumed that the customer is of legal age to subscribe to the Supplier and has a legal right to enter into an agreement for the customer.
The subscription runs from the signing of the agreement and for a minimum of 12 months, unless otherwise agreed, and is then automatically extended to a new subscription period of the same duration.
Subscriptions are invoiced 12 months in advance, unless otherwise agreed.
- When upgrading services, new users, modules, functions and similar paid upgrades and additions, payment is made according to the price list in force at any given time. Upgrades are paid in advance until the end of a paid period, after which these upgrades are paid for together with renewals of the usual and previous subscription payment.
- When downgrading services, users, modules, functions and already paid services, there are no refunds unless otherwise agreed. These downgrades will first be affected in terms of prepaid subscription price at the next subscription period.
- When buying and acquiring users, the minimum number is 5 user packages. This means that the purchase of users comes in groups of 5 users. Thus, the number is purchased according to 5, 10, 15, 20, 25 etc. user’s number.
Violation of the subscription terms will be considered as an abuse of the Supplier’s services. This can at any time lead to closure, as well as termination of a subscription and service. The supplier is in every aspect superior in the definition of the word abuse. If the Supplier wishes to terminate a subscription without breach of the general rules, this can be done with 90 days written notice, where arrears corresponding to the remaining subscription period are refunded to the customer.
- TRIAL PERIOD
The customer is given a free and non-binding trial period of x number of days, depending on which campaign the customer has used. For a free trial period, the application’s top bar will show x number of days the trial period lasts. A trial period means that there are no obligations to purchase after the end of the trial period. Trial period means that the customer can test and evaluate the Application’s functions, content, and modules in the specified period.
A subscription can be terminated in writing via e-mail and can only be terminated until the end of a subscription period. A termination is only valid with confirmation from the Supplier. Termination must be received by the Supplier and confirmed before the end of the subscription period, so it is recommended to submit such a min. 30 days before the end of the subscription period.
- TERMS OF PAYMENT
All invoices are sent electronically via e-mail or EAN, to the e-mail address or EAN address provided by the customer. The payment terms are 14 days after the invoice date. In the event of late payment, the 1st Reminder will be sent for payment no later than 5 days, after which the 2nd Reminder will be sent with a fee of DKK 125, for payment also after 5 days. After the expiration of the payment deadline for the 2nd Reminder, access to the application will be blocked. Access will be reopened after receipt of all overdue invoice (s) and any reminder fee (s).
It is the customer’s own responsibility that the legality of the material stored on the Supplier’s complies with Danish and EU laws and complies with written and unwritten ethical rules regarding the Internet. The supplier is solely responsible for errors or omissions in accordance with Danish and EU law’s general rules for losses, but not for errors in applications, system crashes, unauthorized access, consequential damages, lost earnings, or other forms of direct / indirect losses. Notwithstanding the above, the Supplier is liable, at any time limited in amount to the customer’s payment for 12 months before the commencement of the liability relationship, and in all cases a maximum of DKK 10,000. The supplier is not liable for losses due to force majeure, including regulations, government measures or the like, failing power supplies, failing telecommunications, fire, smoke damage, explosion, water damage, vandalism, burglary, terror or sabotage, strike, lockout, boycott, or blockade. This applies even if the Supplier is a party to the conflict, and even if the conflict only affects parts of the Supplier’s functions. Please review reference to the Data Processor Agreement as well.
- BACKUP OF DATA
Backup of customer data is done several times a day and is divided into 2 categories, respectively database backup and backup of physical files and documents uploaded to the servers. For category 1, which includes databases containing daily data, these are backed up every 240 minutes around the clock. For category 2, the physical files and documents uploaded to the servers, these are backed up every 24 hours.
- DATA SECURITY AND ACCESSIBILITY
The Supplier retains the customer’s data 90 days after the end of the subscription, after which they are deleted from the Supplier’s server. At the end of the subscription period in accordance with the above, the Supplier has an obligation to delete and destroy all data, after the expiry of the storage period. The supplier is obliged to hand over data that has been uploaded and delivered by the customer into the system at any time, however, a maximum of 90 days after the end of the subscription. The supplier may charge the customer a fee for this service if no other agreement has been entered. If the lack of data access is due to non – payment by the customer, data will only be provided against advance payment of expected working hours in accordance with the above, as well as payment for previously due invoice(s) and reminder fee(s). In the event of bankruptcy, the bankruptcy estate has an obligation to provide data to the customer.
Reference is also made to our general SLA agreement pkt. 11.
Please refer to the Supplier’s data processor agreement.
The supplier reserves the right to continuously change and update functions and modules in the application. During updates, there may be disruptions and interruptions to the use of the system, which, however, will be tried to be reduced as much as possible, just as major updates will take place during the period outside normal working hours in Denmark. For a more detailed description of operating and uptime, service windows, etc., please refer to our general SLA agreement, section 11.
- SLA AGREEMENT (Service Level Agreement)
The following section discusses the content of the SLA agreement.
- DEFINING THE OPENING HOURS OF THE DELIVERY
As a starting point, the Application’s opening hours are 24 hours a day, 365 days a year. However, the Supplier works after the following primary opening hours on the Application, the associated deliveries, including access to the Application.
The primary opening hours for the Application are Weekdays (Mon-Fri) the opening hours are from 06:00 to 23:00. During this period, reference is made to point B for delivery of the cloud service.
The secondary opening hours for the Application are: On Saturdays, Sundays, public holidays and time outside the primary opening hours, reduced operation of deliveries can be accepted if this is due to planned or unplanned updates, improvements to the product and content, improvements to infrastructure both own and at external supplier(s).
- OPENING HOURS
99.5% uptime is given. This uptime is calculated on the full number of hours per year and is calculated of the basis of the primary opening hours as defined above (see point A) and thus not 24 hours a day 365 days a year.
- RESPONSE TIME
The following response time is given to operational inquiries where the operation and / or access to the Application is not available or disturbed.
Within primary opening hours (see point A), the response is guaranteed for response within 60 minutes and with initiation of remediation within a maximum of 90 minutes. Outside the primary opening time, the reaction time is a maximum of 120 minutes and with the initiation of remediation to 180 minutes.
Of course, the supplier will always be cooperative in resolving all issues as quickly as possible so that deliveries can be accessed and return to normal operation again.
- SUPPORT AND SUPPLIER CONTACT OPENING HOURS
The supplier’s telephone opening hours are every weekday from 08.00 to 17.00. Outside opening hours and weekends, inquiries can be made to email@example.com
- PRICE CHANGES
The supplier reserves the right to price increases in accordance with general price developments in the market as well as increases in the net price index, as well as changes in packages, content, functions, and modules.
- COPYRIGHT AND SOFTWARE RIGHTS
All copyrights to the software belong entirely to ZimaOne Danmark ApS.
- DATA PROCESSOR AGREEMENT
Such can be ordered from the Supplier.
Any dispute that may arise from the agreement must be brought before the City Court in Kolding as the first instance.
- LEGAL PROVIDER AND RESPONSIBLE FOR SOFTWARE AND DELIVERIES
ZimaOne Danmark ApS
Legal name: Datanet Cloud Solutions ApS
Olaf Ryesgade 7K