TRADE AND LICENSING TERMS FINDLEASING ApS
- DEFINITIONS
1.1. ”The application” means any service provided by FindLeasing ApS, including solutions and systems provided online, including as software as a service.
1.2. ”FindLeasing” means FindLeasing ApS, Bondovej 16, 5250 Odense SV, CVR nr. 37209139 as well as any associated company.
1.3. “Licensee” means the person who has entered into an agreement with FindLeasing for the purchase of one or more Subscriptions to these Trade and License Terms.
1.4. “Framework Agreement” means the main agreement entered into between the Licensee and FindLeasing.
1.5. “Subscription” means the selected subscription type from FindLeasing. The separate terms for the individual subscription types are set out in the Framework Agreement between FindLeasing and Licensee.
1.6. “Terms” means these Trade and License Terms, as well as any separately agreed in writing terms between FindLeasing and the Lessee.
- ACCEPTANCE OF SUBSCRIPTION AND TERMS AND CONDITIONS
2.1. These Terms are accepted by the Licensee’s signature of a Framework Agreement, by using the application or associated services or by otherwise indicating acceptance thereof, and apply between FindLeasing and the Licensee.
2.2. If Licensee is a legal entity, these Terms are accepted on behalf of Licensee.
2.3. All Subscriptions from FindLeasing are provided exclusively business to business (b2b).
- SUBSCRIPTION DURATION
3.1. The subscription takes effect upon ordering and runs until terminated in accordance with these Terms. (Ongoing month 30 days)
- SCOPE AND USE OF THE SUBSCRIPTION
4.1. In accordance with these Terms, Licensee obtains non-exclusive access to use the Product Application made available online as software as a service (SaaS). Licensee does not acquire the Application or a copy or part thereof and does not obtain a license to run the Application except as software as a service.
4.2. Licensee’s subscription gives Licensee access to use the Application for quote generation, dialogue with lessees, agreement summaries, etc. If Licensee needs additional options or adjustments in the Application, this is agreed separately with FindLeasing.
4.3. The access to use the Application applies exclusively to Licensee, and the Application may not be used for anyone other than Licensee or to carry out data processing or provide other services for anyone other than Licensee. Licensee warrants and has full responsibility for the third parties to whom Licensee grants access to the Application or who use Licensee’s login details.
4.4. If the Subscription is to be extended with additional users, this can be done without notice by creating in the Application at the prices stated in the Framework Agreement.
4.5. Except as provided in 4.3, Licensee is not entitled to assign the subscription to third parties, either in whole or in part, or to grant access to the Application to third parties.
4.6. The Licensee must ensure that the Application is not used in a way that may damage FindLeasing’s name, reputation or goodwill, or that is contrary to relevant legislation or other regulation.
- PRICING AND PAYMENT TERMS
5.1. Payment terms are 8 days net from the invoice date where all prices are ex. VAT.
5.2. The subscription is paid either quarterly or monthly in advance.
5.3. If the Subscription is not paid in time, a payment reminder will be sent 7 days after the due date of the invoice. If the subscription is still not paid, 1 will be sent 10 days later with a fee of DKK 100. In the event of continued non-payment, 2 will be sent with a fee of DKK 100 after another 10 days, after which the case is transferred to debt collection.
5.4. In case of non-payment, access to the Application is blocked until the arrears are paid.
5.5. If an ongoing settlement of any arrears is agreed between FindLeasing and the Licensee, fees and interest will first be paid and then the principal.
5.6. FindLeasing reserves the right to charge an administration fee of DKK 500 when entering into an agreement on instalment on a arrears.
5.7. The Licensee must pay the fees that appear on the invoice after entering into an agreement with FindLeasing, as well as what else is agreed in writing between the parties.
5.8. Licensee agrees that invoices and reminders sent by email to the email address provided by Licensee shall be considered delivered when they are sent by FindLeasing.
5.9. In case of price changes, a reasonable notice is given with one month’s effect.
- AUTO-RENEW AND DISCONTINUE
6.1. FindLeasing may terminate the subscription with 1 month’s notice, or without notice in the event of Licensee’s material breach of these Terms or in the event of Licensee’s bankruptcy or insolvency.
6.2. By default, subscriptions contain no trial period, unless otherwise agreed upon at the time of licensing. At the agreed trial period, the license is automatically extended to the list prices after the trial period, unless the licensee terminates or changes his agreement, which must be notified by email to FindLeasing before the end of the trial period.
6.3 Licensee may terminate the Agreement at any time. The cancellation period for the subscription is the current month 30 days.
- LICENSEE DATA
7.1. The parties agree that Licensee owns and is free to dispose of its own data in the Application. The Application allows Licensee to export offers through the Application, and Licensee agrees that such export must be completed by Licensee before the end of the subscription.
7.2. If FindLeasing is to assist the Lessee with the export of data after the end of the Subscription, FindLeasing is entitled to charge a fee of DKK 2,495 per commenced hour.
7.3. FindLeasing reserves the right to delete Licensee’s data 15 days after the end of the subscription for any reason, and FindLeasing has no obligation to retain data after this time.
7.4. FindLeasing is entitled to store Licensee’s data after termination for the purpose of using this in anonymized form for statistics and analysis.
7.5. FindLeasing may, in exceptional cases, where, in FindLeasing’s opinion, it is reasonable and reasonable, for example based on a loss of value consideration, give third parties and authorities access to Licensee’s data, including in connection with judgment, regulatory requirements, as a result of law, in the event of Licensee’s bankruptcy, death or the like.
- BUSINESS CONTNUITY
8.1. FindLeasing strives for the highest possible operational stability, but is not responsible for breakdowns or operational disruptions, including for operational disruptions caused by factors beyond FindLeasing’s control. This means, among other things, power failure, equipment failure, Internet connections, telecommunications connections or the like. The Application and Service are provided “as is” and FindLeasing disclaims all warranties, representations, warranties, claims or other terms, whether express or implied
8.2. In the event of breakdowns or disruptions, FindLeasing strives to restore normal operation as soon as possible.
8.3. Scheduled interruptions will preferably be placed in the time period at 21.00 06.00. Should it be necessary to interrupt access to the Application outside the specified time period, this will be notified in advance to the extent possible.
- AMENDMENTS
9.1. FindLeasing is entitled to continuously make updates and improvements to the Application. FindLeasing 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.
- INTELLECTUAL PROPERTY
10.1.The Application and information provided from the Application, except Licensee’s data, is protected by copyright law and by international conventions on intellectual property rights and belongs to FindLeasing ApS. Individually created software also belongs to FindLeasing A/S, unless otherwise agreed in writing. Licensee must notify FindLeasing of any actual or potential infringement of FindLeasing’s intellectual property rights or unauthorized use of the Application by Li.
10.2. Licensee may only dispose of the Application on the terms described in these Terms. Licensee may never lend, rent, sell, pledge or otherwise transfer the Application or the rights thereto. Licensee may also not enable third parties to use or dispose of the Application, unless it is done in accordance with section 4.3.
10.3. Licensee may not remove any trademarks, trade names, copyright notices or other indications of the Application or FindLeasing.
10.4. There is no transfer of intellectual property rights or other rights to the Licensee.
10.5. In relation to material uploaded by Licensee and all Licensee’s data, Licensee grants FindLeasing, and its suppliers, a license and global license sufficient for FindLeasing to properly run and operate the Application and fulfill its obligations as well as conduct marketing to Licensee. The Licensee warrants that the material uploaded does not infringe the rights of third parties and does not contain material that may be offensive or in violation of relevant legislation or other regulation.
10.6. Any violation of FindLeasing’s intellectual property rights, including the Licensee’s reckless handling of the software, which enables third parties to infringe FindLeasing’s intellectual property rights, is considered a material breach of these license terms, which entitles FindLeasing to terminate the license relationship with immediate effect, cf. section 6.3.
- REVERSE ENGINEERING
11.1. Licensee shall not reverse engineer, disassemble, decompile the Program unless and only to the extent that such actions are permitted by mandatory statutory regulations.
11.2. Licensee may not make attempts to discover, access, modify or otherwise handle the source code of the Application or underlying programming, algorithms, file formats, etc.
- TRANSFER
12.1. FindLeasing has the right to transfer its rights and obligations to the Licensee to the affiliated company or third party.
12.2. Licensee agrees that FindLeasing is entitled to use subcontractors in all matters, including for the running and operation of the Application and for the storage of Licensee’s data.
- FINDLEASING ‘S RESPONSIBILITIES
13.1. FindLeasing disclaims any liability in relation to these Terms, services or use of the Application, whether arising in contract or out of contract, including for operating loss, consequential loss or other indirect loss, loss of data, loss due to product liability or loss that has arisen as a result of simple negligence.
13.2. Regardless of the type of loss or the basis of liability, FindLeasing’s total liability is limited to an amount corresponding to one (1) month’s payment of the Licensee’s Subscription.
13.3. The Licensee undertakes to indemnify FindLeasing for product liability damage, third party losses and other claims from third parties as a result of the Licensee’s use of the Application.
13.4. Licensee agrees to indemnify FindLeasing against any claim or loss arising from product liability, loss of third parties or liability of third parties to the extent arising from Licensee’s use of the Application.
- SUPPORT
14.1. FindLeasing can be contacted on tel. +45 25 25 55 70 or by email mg@FindLeasing.dk within the periods specified in section 14.3, for the purpose of Licensee requesting support in relation to the Application.
14.2. In connection with the conclusion of the agreement, there will be setup and instruction of 1-2 hours duration from FindLeasing. If further customized training or special setup is desired, FindLeasing will require payment in the form of a regular hourly rate for this.
14.3. Support is provided by phone and email during the following periods:
Monday 10:00 – 16:00
Tuesday 10:00 – 16:00
Wednesday 10:00 – 16:00
Thursday 10:00 – 16:00
Friday 10:00 – 16:00
- CONFIDENTIALITY AND PERSONAL DATA
15.1. FindLeasing processes personal data in accordance with the legislation in force from time to time.
15.2. As a result of the function of the Application, FindLeasing will be both Data Controller and Data Processor in certain cases. Further information on this can be found on FindLeasing’s website.
15.3. FindLeasing is bound by professional secrecy regarding all information, including personal data, FindLeasing may obtain about Licensee and Licensee’s customers, and is not entitled to disclose such information to third parties unless such information is publicly available, or where FindLeasing has obtained the information from a third party outside of confidentiality, or where FindLeasing is required to disclose the information by law or by order of an authority or court.
15.4. FindLeasing has taken the necessary technical and organizational security measures against personal data in the Application being accidentally or illegally destroyed, lost or impaired, as well as against that they come to the knowledge of unauthorized persons, misused or otherwise processed in violation of the current legislation in the field.
15.5. FindLeasing provides at the Licensee’s request – and against payment of FindLeasing’s at any time applicable hourly rates for such work – sufficient information for the Licensee to ensure that the said technical and organizational security measures have been taken.
15.6. FindLeasing also contributes to the fulfilment of the data subjects’ rights in relation to personal data to the extent that Findleasing is obliged to do so under the applicable legislation. If FindLeasing is to assist the Licensee with compliance with the Licensee’s obligations, FindLeasing is entitled to charge its at any time applicable hourly rates.
- CHANGE IN TERMS
16.1. FindLeasing is entitled to modify these Terms in any respect. The current Terms will always be available on FindLeasing’s website. FindLeasing aims to provide reasonable notice (1 month) in connection with any change, by posting on the website. Use of the Application after a change to these Terms constitutes acceptance of such amended Terms. It is the Licensee’s obligation to stay continuously updated regarding changes to the Terms.
- DISPUTES
17.1. These Terms are governed by Danish law, and any dispute arising in relation to the Subscription, including the Framework Agreement and these Terms, shall be brought before the City Court of Aalborg.
- VALIDITY
18.1. These Terms are valid from the time of the Licensee’s acceptance thereof pursuant to section 2.1 and replace previous terms.
