Terms & conditions
WPWerk hosting is a hosting platform offered as an online service for companies and organizations that want to have websites displayed on the Internet.
- Validity
- The following terms of service (“Terms”) apply to WPWerk (“the Service”) provided by C-Com Aps. (“WPWerk”), unless otherwise agreed in writing with representatives of the customer’s organization (“Customer”).
- Basis of agreement
- The service is provided in accordance with the applicable Service descriptions on WWPerk’s website wpwerk.com .
- The Service is delivered in a Subscription at the prices that appear on the WWPerk website or Offer to the Customer at the time of ordering the Service. All prices are stated exclusive of VAT and in Danish kroner.
- The Customer’s site is operated by individuals (“Users”) who act on behalf of the Customer. Users have personal user accounts and can gain access to Service functions using a username and encrypted password administered by the Customer on the Service. Users’ use of the Service is the Customer’s responsibility.
- By using the Service, the Customer confirms that he has read and accepted these Terms of Service. Any future features and tools added to the Service are also subject to the Terms of Service.
- “Material” includes, but is not limited to, data, text, information, names, graphics, images, profiles, audio, video, links, comments, HTML and CSS published by the Customer, Users and Visitors.
- Specially adapted functions including setting up the Service are described as “Services”.
- Use of the Service
- The customer is responsible for the legality of the material that is made available via the Service.
- The service may not be used for illegal activities. In using the Service, the customer must not violate Danish legislation (including but not limited to the Personal Data Act, the Copyright Act, the Marketing Act and the Criminal Code).
- The service may not be used in any way to gain unauthorized access to WWPerk or third party systems.
- In order to use the Service, the Customer must create user accounts via the Customer’s Administrator Account (“Administrator Account”) and share administration rights to these user accounts. User accounts are unique and consist of a username and an encrypted password. The customer can remove or deactivate user accounts at any time. It is the Customer’s responsibility to create and make changes to user accounts.
- If the customer does not use the Service in accordance with the provisions of these Terms, WPWerk has the right to stop the activity in question and to cancel the customer’s subscription with immediate effect. WPWerk has the right to claim any loss compensated by the customer according to the general rules of Danish law. Any prepaid subscription will not be refunded.
- Payment
- The price for subscription to the Service is the price list valid at all times on the website or according to the offer submitted to the Customer. The price includes unlimited access to all of the Service’s full functions.
- Subscription is paid in advance per third month. Alternatively, payment can be made 6 or 12 months in advance by agreement.
- If the subscription price is changed, the price of the subscription will be changed at the end of the current subscription period.
- The payment terms are 14 days net from the invoice date, unless otherwise agreed in writing and sent via e-mail. WPWerk assumes no responsibility for whether e-mails are received.
- If the payment is not received on time, WPWerk is entitled to calculate interest on the overdue amount, which is attributed monthly, without demand. The interest rate is 1.5% per started month. Accrued interest is due for payment at the time of accrual.
- If payment is not made on time, a reminder letter will be sent via e-mail and by regular post. A reminder letter is written at 10-day intervals. A fee of DKK 100 will be charged for each reminder letter.
- If the customer has not paid after sending the 3rd reminder letter, the claim will be transferred to debt collection, whereby additional costs will be incurred.
- Benefits
- Services provided by WPWerk to the Customer in addition to what is included in the Subscription is done through an Offer.
- The customer has no right of withdrawal in relation to services that are specially adapted to the customer, including setting up the Service.
- Extraordinary services in addition to those described in this Service Agreement (for WPWerk) are basically subject to the same Agreement Basis, Payment Terms, Termination Terms, Liability, Support Agreement and general guidelines unless otherwise agreed in writing.
- Subscription period and termination
- The subscription basically runs for a period of 6 months, unless otherwise agreed. The subscription is invoiced in advance of the period in question. The subscription is automatically renewed for a new identical period, unless the subscription has been terminated.
- The customer can terminate the subscription with one month’s notice before the end of the current subscription period.
- Termination must be done by sending a written, signed notice of termination per regular mail or e-mail. To be valid, the termination must be signed by the customer and contain the customer’s customer number and specification of which subscription is to be terminated.
- Termination is confirmed by WPWerk by sending a written notice of termination to the email address contact@wpwerk.com, which is associated with the customer number in the WPWerk customer database. WPWerk sends confirmation no later than 8 days from receipt of the termination. The customer can only consider the subscription as terminated when confirmation containing the termination date has been received by the customer.
- WPWerk can terminate the subscription no later than one month before the end of the current subscription period. Termination takes place by sending a written notice of termination to both the e-mail address and postal address associated with the customer number in the WPWerk customer database. WPWerk will refund the remaining part of any prepaid subscription.
- Suspension, Cancellation and Refund
- If the customer fails to pay on time, WPWerk is entitled to suspend or cancel the subscription with immediate effect, including deleting all material made available in the service without notice.
- When transferring claims to debt collection, WPWerk automatically terminates all subscriptions associated with the customer number. If the customer wants one or more subscriptions renewed after the start of the debt collection case, the customer must arrange for this to be renewed.
- WPWerk can under no circumstances be held responsible for the customer’s possible losses as a result of WPWerk terminating the customer’s subscription due to non-payment, including for loss of data.
- WPWerk reserves the right to interrupt the Service. The customer will be informed at least 3 months in advance.
- Our refund and return policy lasts 14 days. If 14 days have passed since your purchase, we cannot offer you a full refund or exchange.
- Responsibility
- WPWerk is not responsible for consequential damages, including operating loss, lost profit or indirect loss, which the customer or third parties suffer as a result of delay, errors or defects that cannot be attributed to WPWerk as gross negligence.
- WPWerk is similarly not responsible for losses arising in connection with fire, smoke damage, explosion, water damage, vandalism, burglary, robbery, system failure, failing supply, authority decision, extensive operational disruptions and force majeure, including natural disasters, war and terror.
- WPWerk is not responsible for any kind of loss incurred by Users that the Customer has given access to the Service.
- WPWerk regularly backs up the data stored on WPWerk servers. However, this backup is only taken with a view to ensuring operation in connection with general problems.
- WPWerk liability is limited to an amount that does not exceed the last 6 months of payment for the service that gave rise to the claim.
- The customer himself is responsible for not infringing the rights of third parties in accordance with the Copyright Act or other intellectual property rights. WPWerk can under no circumstances be held liable for any losses of third parties in this connection. WPWerk reserves the right to raise a possible compensation claim against the customer, if WPWerk incurs direct or indirect costs in the event of the customer’s non-compliance with third-party rights.
- WPWerk rights
- It is not permitted to copy or utilize WPWerk products and ideas in any other way than what follows from the parties’ agreement and the present terms of service.
- The customer’s violation of WPWerk’s intellectual property rights, ideas or other protected rights results in termination of the subscription with immediate effect.
- WPWerk reserves the right to demand that any loss be compensated by the customer according to the general rules of Danish law.
- Access and rights to Material
- Public visitors to the Service who are not Customers or Users are considered “Visitors”.
- Material that the Customer or Users upload, stream or otherwise create (“Added”) to the Service will generally be considered publicly available to Visitors. The Customer and Users may at any time choose to limit the publication of the Material to Visitors.
- It is the Customer’s responsibility to control access to Material through the Service.
- WPWerk makes no intellectual property claims to Material Added to the Service by the Customer or Users. But the Customer agrees that Material made available to Visitors can be seen and shared by Visitors.
- It is the customer’s responsibility that the Material’s rights holder consents to the Material being added to the Service and published to Visitors. WPWerk does not make any clarification of rights for Material.
- Support and Troubleshooting
- “Functional errors” are described as errors in the Service that are a nuisance to the Customer, Users or Visitors, but which do not fundamentally prevent access to the service and its functions according to the Service description. “Operational errors” are described as errors in the Service that prevent all Visitors from gaining access to the Service.
- WPWerk is obliged to correct malfunctions and operational errors on the Service to the best of its ability in the period between 9 to 17 on weekdays. Outside of this period, WPWerk will endeavor to rectify Operational Errors as quickly as possible. But this cannot be guaranteed by WWPerk.
- Error reports can be made either on the WPWerk website, provided on-call phone number or email during the above time period. Outside of the above time period, error reporting must be done via email as a minimum.
- WPWerk must provide adequate documentation for the use of all functions and concepts in the Service available to the Customer and Users.
- Telephone and written support for Users of the Service is agreed separately as an additional service.
- Confidentiality
- WPWerk and the Customer are obliged to keep confidential the information they each receive or learn about the other party’s business or about the business of the other party’s customers. The obligation includes any information www.WPWerk of a commercial or technical nature, as long as the information is of the nature of trade secrets.
- WPWerk and the customer further undertake to impose a corresponding obligation of confidentiality on those of their employees and Users who may participate in the execution and use of the Service.
- The duty of confidentiality is not time-limited and also applies after the end of the subscription.
- Changes
- WPWerk reserves the right to change these terms of service and prices at any time, unless an agreement has been concluded on time-limited fixed prices in relation to an offer.
- Changes will be announced on the WWPerk website wpwerk.com or via charges from WWPerk. In the event of a price change, this will take effect from the next subscription period.
- Price increases on services can never exceed the price included in the offer by more than 5% per year.
- Contact Information
- The customer is obliged to always keep WWPerk up to date on the customer’s contact information, including postal and e-mail address, so that invoices and other information reach the customer.
- Changing the customer’s contact information can be done by sending an e-mail to WWPerk: contact@wpwerk.com
- Choice of law and venue
- Any disagreement between the parties regarding the understanding of the agreement and/or these Terms and Conditions, which cannot be resolved amicably, shall be settled according to Danish law and in the ordinary courts at the Copenhagen City Court as the proper venue.