Terms of business
By using Elvium ApS services and products, the following terms of business are accepted. Any deviations agreed in the contract take precedence over the terms of business.
Elvium ApS
Flæsketorvet 68
1711 Kbh V
Phone: +45 71 99 28 60
E-mail: info@elvium.com
Website: www.elvium.com
CVR: 34709459
General provisions
By ordering services and use of software (hereinafter referred to as the Recruitment System) from Elvium ApS (hereinafter referred to as the Supplier), the buyer (hereinafter referred to as the Customer) accepts these terms of business.
The Supplier has the right to change the terms and conditions.
Any changes to the terms and conditions will be notified to the Customer by e-mail.
It is the Customer's responsibility to keep up to date with the applicable terms of business available on the Supplier's website at all times.
The terms and conditions were last updated on August 25, 2022
Subscription
By using the Supplier's software, only a right of use is obtained. Any order of products and services from the Supplier is subject to the Customer's consent, expressed by acceptance of the terms and conditions. A subscription may have the number of users and positions prescribed by the individual subscription, but only one legal entity may use it. Access to multiple legal entities under the same agreement requires written consent from Elvium.
Price and payment terms
For all subscriptions, an invoice is normally sent and paid by bank transfer to:
Nykredit Bank
5470-1074877
All prices are quoted in Danish kroner and are ex. VAT. Changes in exchange rates, taxes, insurance, the net price index, freight and purchasing costs mean that the Supplier may adjust prices so that the Supplier's position is unchanged.
Subscriptions are index-adjusted once a year on 1/1. The adjustment is made in accordance with the percentage change in the Net Price Index in relation to the most recent change/entry into force, but at least 3%. In addition, the Supplier reserves the right to change the fee and the basis for calculating the fee with 60 days' written notice until the expiry of a subscription period. The fee is normally due for payment 10 days after the invoice date.
In case of overuse in relation to the agreement (number of recruits or users), the price is automatically adjusted during the current subscription period - but always at the same or lower price per recruit or user.
Competition and rights
By registering with the Supplier, the Customer also confirms that the Customer is not in competition with the Supplier or works for companies that are in competition with the Supplier. In competition with is defined as the Customer working in/for or being the owner of a company that sells recruitment software. All software, design, architecture, text, etc. are protected by copyright, while names and proprietary terms are trademarks. Any infringement thereof will be prosecuted and demands for payment will be made. The Supplier has rights to the software. The Supplier may assign its obligations to third parties under the same terms of business.
Default
All payments from the Customer to the Supplier are generally made by prepayment of the agreed subscription period. If payment is not received by the agreed due date, this may result in additional collection costs, including interest and reminder fees, which will be charged to the Customer. In case of late payment, default interest will accrue from the due date according to the rules of the Danish Interest Act.
Collection may be initiated without prior notice. If the case is handed over to a lawyer as part of the collection process, the lawyer or the Supplier may demand additional collection costs. In case of breach of the Supplier's terms and conditions, the cooperation will be terminated immediately. The Supplier has the right to close the Customer's access to software if payment is not made on time.
Limitation of liability
The Supplier makes reservations for programming errors and server crashes. In case of software or equipment updates, Supplier has the right to shut down access for a limited period of time, which will typically occur when as few Customers as possible will be affected by it. Access to Supplier's software is continuously developed and Supplier provides access to the software as is and without warranty. Supplier cannot be held liable for direct or indirect losses incurred in connection with the use of Supplier's software. The Supplier is also not liable for hacker attacks, viruses, or force majeure. It is the Customer's responsibility to ensure that all recruitment is done in accordance with applicable regulations. The Supplier is not a recruitment advisor, but is happy to help with technical questions.
The Supplier disclaims any liability for the customer's and users' indirect or consequential loss or damage, including operating loss, loss of expected earnings, loss of profit, loss of goodwill, loss/damage of data or loss of any other type of business interruption or financial consequential damage that may arise from use of the system or defective/inadequate performance of the system or delivery of other services under this agreement.
The Supplier's total liability for loss or damage may in no case - regardless of the degree of negligence - exceed an amount corresponding to the fee paid by the Customer within the past 12 months. In other words, it is the Customer's responsibility that the use of Supplier's software is in accordance with applicable law.
Confidentiality and security
All data handled in the Supplier's software is stored without access to others. The Supplier thus treats all data with confidentiality. All pages run on SSL-encrypted web pages (https). The Supplier has built the software with high security and defense to prevent unauthorized access to this data.
The Customer is responsible for ensuring that the Customer's users treat information in the system confidentially. The Customer and users are obliged to keep usernames and passwords secret, and their misuse of access to the system is of no concern to the Supplier. If the customer or a user loses their username/password, or if there is a risk that these have come to the knowledge of unauthorized persons, they can be changed by contacting the Supplier.
The Supplier continuously collects information about usage behavior when the Customer and other users use the Supplier's website or software. This data collection is anonymous and is used for the purpose of optimizing services and design of the software.
Force majeure
The Supplier cannot be held liable for any damage or loss that the customer or users may suffer directly or indirectly as a result of the Supplier being delayed or prevented from performing its obligations under this agreement due to a force majeure situation. Force majeure situations include war, mobilization, terrorist attacks, natural disasters, strikes, lockouts, fire, flooding and other water damage, import and export restrictions, virus attacks, illness of key employees, power failure, failure/breakdown in third party telecommunications connections and other unforeseen circumstances that the Supplier could not have prevented by taking reasonable measures.
Handover
The Customer may not transfer rights or obligations under this agreement to a third party. The Supplier is entitled to transfer all rights and obligations under this agreement to a third party.
Notice of termination
From the day the Customer gains access to the Supplier's service, the Customer can try the software for evaluation purposes without limitation. From the moment the Customer accepts the agreement, the subscription period starts and the software can be used professionally. No refund or right of withdrawal. Subscriptions that have been paid are non-refundable.
The subscription is automatically renewed unless the Customer terminates the agreement in writing. Notice of termination must be sent to support@elvium.com. The notice period is stated in the submitted offer. After the expiry of the notice period, the Supplier is under no further obligation to the Customer.
Disputes
Any dispute arising from these terms and conditions and the customer's use of the system must be brought before the Copenhagen City Court. The dispute shall be settled by application of Danish law.