1.1 These subscription terms (hereinafter “Terms”) are accepted by ticking “I have read and agree to subscription terms” on the order form, by using the application or services or by otherwise indicating acceptance thereof, and apply between Propbinder ApS, CVR number 44350734, Tømmerup Stationsvej 10, 2770 Kastrup. (hereinafter “Propbinder ApS”) and the customer (hereinafter “Customer”). If the Customer is a legal person, these terms are accepted on behalf of the Customer. This service is business to business.
1.2 In addition, audit firms, management agencies and the like may accept these Terms on behalf of the Client, including by redrawing, provided that the necessary power of attorney is available and that the Customer has been duly informed of the Terms in advance.
2.1 The Subscription becomes effective upon ordering and runs until terminated in accordance with these Terms.
2.2 The first billing period runs from the date of the order to the end of a calendar month. After this, monthly invoices are made on the last day of the month.
2.3 After ordering, new customers have a free right of cancellation/complaint in 14 days. The customer must, within a reasonable time (14 days) after the defect is discovered, make aware of the conditions that will be advertised.
2.4 When paying by credit card, the money will be withdrawn when the invoice sent is due.
2.5 Payment is made by Credit Card or by arrangement via bank transfer. For public companies, payment can be made via electronic invoice if Propbinder ApS is contacted in advance.
3.1 In accordance with these Terms, the Customer obtains a non-exclusive access to use Propbinder ApS and selected add-on modules (hereinafter referred to as the “Application”), which are made available online as software as a service. Customer does not acquire the Application or any copy or part thereof and does not obtain a license to operate the Application except as software as a service.
3.2 Access to use the Application applies exclusively to the Customer and his/her advisors, and the Application may not be used for anyone other than the Customer or to perform data processing or provide any other services for anyone other than the Customer. The Customer assumes and bears full responsibility for the third parties to whom the Customer provides access to the Application or who use the Customer's login details.
3.3 Except as set out in 3.2, the Customer is not entitled to transfer the Subscription to third parties, either in whole or in part, or to grant access to the Application to third parties.
3.4 The Customer shall ensure that the Application is not used in a way that could damage Propbinder APS' name, reputation or goodwill, or which is contrary to relevant legislation or other regulation.
4.1 Payment terms are 8 days net from the invoice date, after which payment will be deducted from our associated payment card.
4.2 If the subscription is not paid on time, advance 1 will be sent free of charge 7 days after the invoice due date. If the subscription is still not paid, it will be sent 10 days later with a fee of DKK 150.00. If payment is still not received within 7 days of advance 2, access to the Application will be blocked. Access to the Application will be reopened after payment has been received, unless Propbinder ApS has previously cancelled the subscription.
4.3 The Customer agrees that invoices and advances sent by e-mail to the e-mail address provided by the Customer shall be deemed delivered when they are sent by Propbinder ApS.
4.4 The prices in force at any time can be found on the Propbinder APS website and are subject to change by posting on the website with one month's notice to the end of a quarter. The same applies to changes to the composition and content of subscription types and add-on modules. All prices are excl. VAT.
4.5 Prices can be indexed every June and follow the national price index, with a minimum of 1.5%.
5.1 The Customer may in the Application terminate the subscription until the end of a calendar quarter (unless otherwise stated in the description or terms of the specific offer).
5.2 Propbinder ApS may terminate the subscription with 6 months' notice until the end of a calendar quarter, or without notice in the event of the Customer's material breach of these Terms or upon the Customer's bankruptcy or insolvency.
6.1 The parties agree that the Customer owns and is free to dispose of their own data in the Application. The Application allows the Customer to export all ledgers, data, etc. via the Export function of the Application, and the Customer agrees that such export must be carried out by the Customer before the termination of the subscription. In the event that the subscription expires or is cancelled by the Customer, Propbinder ApS, where reasonable and commercially justifiable, shall aim to provide the Customer with a period of 10 days after the termination during which the export function can be used.
6.2 Propbinder ApS reserves the right to delete the Customer's data 90 days after the termination of the subscription regardless of the reason for this, and Propbinder ApS has no obligation to retain data after this time.
6.3 Propbinder ApS is entitled to store the Customer's data after termination in order to use it in anonymised form for statistics and analysis, based on the general practice of the Personal Data Act.
6.4 In exceptional cases, Propbinder may grant third parties and authorities access to the Customer’s data, including in connection with a court order, government requirement, the Customer’s bankruptcy, death, or similar events, but not without written consent.
7.1 Propbinder ApS strives for the highest possible operational stability, but is not liable for breakdowns or operational disruptions, including for operational disruptions caused by factors beyond Propbinder APs control. This includes, inter alia, power failures, equipment failures, internet connections, telecommunication connections or the like. The application and service are provided as is and available, and Propbinder ApS disclaims any warranty, assurance, reservation, claim or other terms, whether direct or indirect.
7.2 In the event of a breakdown or disruption, Propbinder ApS aims to restore normal operation as soon as possible.
7.3 Planned interruptions will preferably be placed between 21:00 and 06:00 CET. Should it become necessary to interrupt access to the Application outside the stated time period, this will be notified in advance to the extent possible.
8.1 Propbinder ApS is entitled to continuously make updates and improvements to the Application. Propbinder ApS 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.
9.1 The Application and information provided from the Application, except the Customer's data, are protected by copyright and other intellectual property rights and belong or are licensed to Propbinder ApS parent company Propbinder ApS. Individually prepared software also belongs to Propbinder ApS, unless otherwise agreed in writing. The Customer shall notify Propbinder ApS of any current or potential infringement of Propbinder APS' 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's data, the Customer grants Propbinder ApS, and its suppliers, a license and a global license sufficient for Propbinder ApS to properly operate and operate the Application and fulfill its obligations and carry out marketing to the Customer. The Customer agrees that the material uploaded does not infringe the rights of third parties and does not contain material that may appear offensive or is contrary to relevant legislation or other regulation.
10.1 Propbinder ApS has the right to transfer its rights and obligations towards the Customer to a group affiliated company or third party.
10.2 The Customer agrees that Propbinder is entitled to use subcontractors (in accordance with the data processing agreement) in all matters, including the operation and maintenance of the Application and the storage of the Customer's data.
11.1 Propbinder ApS disclaims any liability in relation to these Terms, services or use of the Application, whether in contract or out of contract, including for operating losses, consequential or other indirect losses, loss of data, loss due to product liability or loss arising from simple negligence.
11.2 Propbinder ApS is not responsible for the third-party solutions available and/or integrated with the Application. Thus, Propbinder ApS cannot be held responsible for the accuracy, completeness, quality and reliability of the information, nor the results obtained through third-party solutions. Similarly, Propbinder ApS cannot be held responsible for the availability, security or functionality of third-party solutions, including for possible damages and/or losses caused by third-party solutions. It is the responsibility of the Customer to provide proof that any loss suffered by the Customer cannot be attributed to third-party solutions.
11.3 Regardless of the type of loss or the basis of liability, Propbinder APS's total liability is limited in amount to the Customer's payment for 12 months prior to the commencement of the liability relationship, but in all cases a minimum of DKK 10,000. The Customer undertakes to indemnify Propbinder ApS for product liability damages, third party losses and other claims from third parties as a result of the Customer's use of the Application.
11.4 The Customer agrees to indemnify Propbinder ApS against any claim or loss arising from product liability, loss by third parties or liability of third parties, to the extent that it arises from the Customer's use of the Application.
12.1 Propbinder ApS processes the Customer's data only, according to his/her instructions and thus not for its own, unauthorized purposes.
12.2 Propbinder ApS has a duty of confidentiality regarding all information Propbinder ApS may have about the Customer, and is not entitled to disclose such information to third parties unless such information is publicly available, or where Propbinder ApS has obtained the information from a third party out of confidentiality, or where Propbinder ApS is obliged to disclose the information by law or by order of an authority or court.
12.3 Propbinder has taken reasonable technical and organizational security measures to prevent the accidental or unlawful destruction, loss, or deterioration of information in the Application, as well as to protect it from unauthorized access, misuse, or other forms of processing that are contrary to the Personal Data Protection Act.
12.4 Propbinder ApS provides, at the Customer's request — and for payment of Propbinder APs, the hourly rates applicable at any time for such work — sufficient information for the Customer to ensure that the aforementioned technical and organizational security measures have been taken.
12.5 The Customer agrees that a copy of the bank certificate issued by the Customer is kept in the Propbinder APS database and possibly also in an external database.
12.6 To the extent that the Customer uses information, usernames or passwords relating to third party information or services in relation to Propbinder ApS, the Customer reserves that disclosure of such information and Propbinder APs processing of such information does not violate any rights or agreement with third parties. The customer shall indemnify Propbinder ApS for any loss in connection with this provision.
13.1 Propbinder ApS is entitled to amend these Terms in any respect. The Terms in force at any time will be available on the Propbinder APS website. Propbinder ApS intends to give reasonable notice (1 month) in connection with any changes, when posted on the website. Use of the Application after a change to these Terms constitutes acceptance of such amended Terms. It is the Customer's obligation to keep up to date with changes to the Terms and Conditions on an ongoing basis.
14.1 These Terms are governed by Danish law and any dispute arising out of the Subscription, including these Terms, shall be brought before the District Court of Copenhagen.
15.1 These terms are valid from 01-11-2023.
