General terms and conditions
When using Elvium ApS services and products, you are accepting the general terms and conditions below. Any exceptions noted in the contract will have priority over the general terms and conditions.
When ordering services and software applications (hereafter referred to as the Recruitment System) from ElviumApS (hereafter referred to as the Supplier), the Purchaser (hereafter referred to as a Customer) accepts the current terms and conditions of business and the included data processing agreement.
The Supplier has the right to change the general terms and conditions.
The Customer must be notified of any changes in the general terms and conditions via e-mail.
It is the responsibility of the Customer to keep up-to-date on current general terms and conditions at any given time, which are available on the Supplier’s website.
The general terms and conditions were most recently updated on 9 February 2018.
Use of the Supplier’s software is on a subscription basis only. Any order of Supplier products and services must be carried out with the Customer’s consent, expressed by the acceptance of the general terms and conditions. Each subscription requires information on the number of users, but only one legal entity may use it.
Prices and terms of payment
Invoices are normally sent for all subscriptions, which are paid by bank transfer to:
Nykredit Bank 5470-1074877
All prices are listed in Danish kroner, excluding VAT. Changes in exchange rates, fees, insurance, net price index, freight and procurement costs will permit the Supplier to adjust the prices so that the Supplier remains unaffected.
Fees are regulated annually, prior to each new subscription period. Regulations will occur in compliance with the percentage change in the Net Price Index in comparison with the most recent changes/entry into force. In addition, the Supplier reserves the right to change the fees and the basis of calculation of the fee, with written notification 30 days prior to the end of the subscription period. The fee is normally due for payment 10 days after the invoice date.
The Supplier will collect ongoing information regarding user behavior when the Customer and other users use the Supplier’s website or software. This data collection is anonymized and is utilized for service optimization and software design.
Competition and rights
Upon registration with the Supplier, the Customer simultaneously confirms that the Customer is not in competition with the Supplier, or that the Customer works for enterprises that are in competition with the Supplier. Competition is defined as the Customer working for a business or owns a business that sells recruitment software. All software, design, architecture, text, etc., is protected by copyright law, and the name and proprietary terms are applied trademarks. Any infringement hereof will be prosecuted, with a demand for payment. The Supplier owns the rights to the software. The Supplier may transfer its obligations to a third party under the same terms and conditions.
Breach of contract
All payments by the Customer to the Supplier will occur as an advance payment of the agreed subscription period. If the payment is not made by the determined due date, debt collection costs will be incurred by the Customer, including interest and late payment penalties. Late payments will incur late payment interest from the due date, in accordance with the provisions of the Danish Interest Act.
Collection of payment will commence without prior notification. Should the matter of debt collection be handed to an attorney, the attorney or the Supplier may demand collection agency fees. Violations of the Supplier’s terms and conditions will result in an immediate termination of the agreement. The Supplier has the right to block the Customer’s access to the software if payment is not made in a timely manner.
Limitations of liability
The Supplier is not liable for programming errors and server downtime. When updating software or equipment, the Supplier has the right to disable access for a limited period, which will normally occur at a time when the fewest number of Customers will be affected. Access to the Supplier’s software is maintained on an ongoing basis, and the Supplier provides access to the software as is, and without guarantee. The Supplier cannot be held responsible for direct or indirect loss that may occur during application of the Supplier’s software. The Supplier is not liable for hacker attacks, viruses or force majeure. It is the Customer’s responsibility to ensure that all recruitment is carried out in accordance with applicable regulations. The Supplier is not a recruitment consultant but will assist with technical issues.
The Supplier disclaims any liability for the Customer’s and Users’ indirect loss or consequential damages, including operational loss, loss of expected revenue, loss of goodwill, loss or damage to data, or loss of any type of business disruption or financial damages that may occur with the use of the system or inadequate or insufficient system performance, or delivery of other services according to the present agreement.
The Supplier’s total liability for loss or damage can under no circumstances – regardless of the extent of negligence – exceed the amount equal to the Customer’s payment within the last 12 months. In other words, it is the Customer’s responsibility to ensure that the use of the Supplier’s software is in accordance with applicable legislation.
Confidentiality and security
All data handled through the use of the Supplier’s software must be stored without access by others. The Supplier therefore handles all data with confidentiality. All parties use SSL-encrypted websites (https). The Supplier has ensured that the software has a high level of security to prevent unauthorized access to the data. See the section on the Data Processing Agreement.
The Customer must ensure that the Customer’s users handle the information in the system in a confidential manner. The Customer and Users are required to conceal user names and access codes, and misuse of the access to the system is not permitted by the Supplier. If the Customer or a user loses a user name/access code, or there is a risk that unauthorized persons have gained knowledge of them, these may be changed by contacting the Supplier.
The Supplier is not liable for direct or indirect damage or loss experienced by the Customer or Users because the Supplier, due to a force majeure situation, is delayed or prevented in carrying out its obligations in accordance with the present agreement. Force majeure situations include war, mobilization, terror attacks, natural disasters, strikes, lockouts, fire, flooding or other water damage, import and export restrictions, virus attacks, illness among key employees, power outage, failure/downtime in a third party’s phone connection, or other unexpected circumstances which the Supplier cannot reasonably have been expected to prevent.
The Customer cannot transfer the rights or obligations in accordance with the current agreement to a third party. The Supplier has the right to transfer all rights and obligations in accordance with the current agreement to a third party.
From the date the Customer receives access to the Supplier’s service, the Customer will have an unlimited trial of the software for evaluation. The subscription period begins from the moment the Customer accepts the agreement, and the software can be used for professional purposes. No refunds or cancellations permitted. Paid subscriptions are not refundable. There is no 14-day cancellation, since the Customer has the opportunity to test the software with no obligations prior to purchase.
The subscription is automatically continued, unless the Customer terminates the agreement in writing. Notice of termination must be sent to firstname.lastname@example.org. At the end of the period of notice, the Supplier has no further obligations toward the Customer.
Any dispute that may arise due to the current terms and conditions and the Customer’s use of the system must be presented to the Copenhagen City Court. The dispute will be resolved according to Danish law.