Terms of Business for MegaBot
- Application
These terms and conditions apply to all relationships between MegaBot and the customer, unless otherwise agreed in writing. MegaBot primarily delivers solutions to businesses, including public authorities, associations, federations and in a few cases private consumers. - Information and marketing
The customer will receive newsletters via email and SMS, which contain information about current offers, new products, new services, maintenance notifications and more. - Products
The conditions include websites and web hosting, possibly with associated email solutions (hereinafter collectively referred to as web hosting), hosted solutions (e.g. Hosted Exchange) and other services and products in connection with websites, online marketing, email solutions, media consulting and more. - Conclusion of the agreement
The agreement is concluded between the parties by signing an agreement or by the customer's acceptance by email. The customer is obliged to deliver all relevant material for use in preparing the website. MegaBot reserves the right to create a temporary website if relevant material has not been submitted no later than 14 days from the date of agreement. 30 days are then granted from the invoice date for any corrections to graphics or setup.
When entering into the agreement, the customer undertakes to provide correct name, address, postal code, telephone number, CVR number and email address. MegaBot undertakes to treat all information about the customer confidentially.
- Termination
The agreement is non-cancellable for the agreed period and valid for the number of months stated in the agreement. The agreement is automatically extended by 24 months, unless it is a 12-month agreement, which is extended by 12 months. Termination must be made in writing via email or registered letter and must reach MegaBot no later than three months before the expiry of an agreement period. - Data processing agreements
The terms and conditions also contain data processing agreements, which can be found on MegaBot's website. - Domain name
It is the customer's responsibility to secure a legal domain name for use on the website. If the customer has not secured a domain name, MegaBot can assist the customer with registering a domain name by written agreement. MegaBot acts solely as an intermediary in connection with the acquisition and maintenance, while the actual registration and use of the domain is the customer's responsibility. - Activating webhotel
The website created by MegaBot is initially hosted on a test server. Activation occurs upon the customer's approval of the design, after which the domain name will point to the website. - Particularly large amounts of data
A webhotel at MegaBot includes access to store a certain amount of data and data files. There is no extra charge for traffic, but MegaBot reserves the right to terminate customers in the event of abuse or particularly high traffic volumes. - Materials for design
Materials submitted by the customer for use on the website or other products from MegaBot will be disposed of or deleted after 3 months. MegaBot cannot be held responsible for damage or loss of materials and recommends that the customer always have a backup. - breach of trust
The customer undertakes to comply with Danish legislation. In the event of misuse of the subscription/agreement, including unethical conduct on the internet, the webhotel will be blocked. Reopening will only take place when MegaBot has received written confirmation that a repetition will not occur. Abuse thereafter will result in termination of the agreement without further notice. When creating a domain name, the customer guarantees that he has the right to the name in question, and the customer exempts MegaBot from any liability that may arise from the customer infringing the rights of others, including trademark rights, when creating or using a domain name. Racist, paedophile or otherwise offensive and/or illegal material (pictures, music, etc., that are not subject to proper ownership rights), or other unethical content, may not be found on MegaBot's servers. This may be text, pictures, film clips or hyperlinks to pictures or similar material. MegaBot reserves the right to delete material of the aforementioned nature without notice.
MegaBot is in all cases the sole decision-maker in cases where special material can be placed in one or more of the above categories. Special agreements and other special conditions must always be agreed in writing with MegaBot and any applicable agreement is only valid if there is a written agreement between MegaBot and the customer confirmed by MegaBot. MegaBot reserves the right to charge for traffic consumption regarding special content types and use of web hosting and server solutions in special cases. MegaBot will take down and close domains or servers that violate agreements without notice, and the reason for the shutdown will be communicated directly to the customer. It should be noted that prepaid amounts will not be refunded in the event of any breach of any kind. It is the customer's sole responsibility that the chosen domain name and the content of the website, domain name and any search terms in search engines (e.g. Google), etc. do not violate third party rights or applicable legislation, and that use of the website is legal and, for example, is not used to send spam (unsolicited e-mail). MegaBot reserves the right to close access to the website or email system without notice if this is not the case, and it also reserves the right to close websites that contain defamation campaigns. In the event of closing services due to sending SPAM and the like, there is no possibility of a refund of the subscription. The website will only be reactivated when the customer has documented that the content and use are legal. In the event of breach, the customer is liable to MegaBot for damages according to the general rules of Danish law. - Waiver of liability
MegaBot strives to ensure that MegaBot's systems and servers are always accessible and disclaims liability for loss or damage to the electronic equipment used. MegaBot similarly disclaims liability for loss or damage attributable to the circumstances of MegaBot's suppliers and/or other third parties. MegaBot reserves the right to carry out repairs, perform maintenance or similar, resulting in a shutdown. In the event of foreseeable operational disruptions, MegaBot strives to notify the customer in advance of the shutdown via www.megabot.dk or via mail.
MegaBot can redelegate a domain upon conclusion or termination of an agreement for the production of a website. In connection with redelegation of a domain name, MegaBot disclaims any liability for loss or damage. This also applies to any email accounts and in cases where the customer has their own email server, and as a result, there are disruptions to email or web hosting. MegaBot does not provide support or bear liability in connection with problems that arise on the customer's own email server when redelegation of a domain name.
- Address changes and other changes in the customer's circumstances
If the customer moves, or the information originally provided, including e.g. telephone number or email, changes for any other reason, the customer must immediately notify MegaBot in writing. - The customer undertakes to inform MegaBot in writing by email at info@megabot.co or by registered letter regarding a possible withdrawal from a trade association, which means that the trade association's logo may not appear on the customer's website. This must be received by MegaBot no later than 5 working days before the withdrawal from the trade association takes effect. If this is not observed, MegaBot disclaims all liability in this regard.
14.1. Delays
MegaBot disclaims any responsibility for any delays.
14.2. Product liability
MegaBot absolves any liability for damage to real estate, movable property or other assets. The same applies to operating losses, lost earnings or other indirect losses. The customer cannot transfer any third party claims against him to MegaBot.
MegaBot is not responsible for data in the electronic mailbox or data stored on the customer's webhotel. The customer is encouraged to make regular backups.
14.3. Errors when entering data
MegaBot absolves any liability for loss and damage resulting from errors in entry made by the customer or made by MegaBot based on the customer's information, including in connection with the purchase of domains.
14.4. Materials
MegaBot cannot be held responsible for materials, including USB sticks or other digital storage media, that are damaged or lost while in MegaBot's custody.
14.5 Force Majeure
MegaBot absolves any liability for force majeure circumstances that are beyond the control of MegaBot and which should not have been taken into account when entering into the agreement.
14.6 Virus or hacker attacks
MegaBot disclaims liability for viruses or hacker attacks that may affect the customer's email, website and/or marketing.
14.7. Termination of the customer's existing agreement(s)
If the parties have agreed that MegaBot shall terminate agreements with third parties on behalf of the customer, the customer is responsible for ensuring that MegaBot receives written information about exactly which products are to be terminated and that the customer provides MegaBot with adequate and complete information about how to terminate each individual agreement. It is the customer's responsibility to ensure that the customer receives written confirmation from the third party that proper termination has occurred, and MegaBot disclaims any liability for loss and damage resulting from incorrect and/or non-termination of the customer's agreements with third parties by MegaBot.
14.8. Additional costs
If MegaBot is required to pay VAT as a result of an invalid or incorrect VAT number, it reserves the right to re-invoice this expense.
15. For corrections/changes and notifying of it
MegaBot may notify changes to the agreement via email to the email address provided by the customer when ordering the subscription/creating the agreement. MegaBot may change the agreement with 30 days' notice. In the event of significant changes to the agreement to the customer's disadvantage, the customer may terminate the agreement in writing until the new terms of the agreement come into effect. In such a case, the customer's termination must be submitted no later than 14 days before the new terms of the agreement come into effect.
Changes of a purely beneficial nature may be implemented without prior notice. MegaBot may continuously make corrections/changes to the individual modules and products for operational reasons, including reducing or ceasing to offer special subscription types or special services. MegaBot may transfer the technical operation of any service to a third party, provided that this can be done on unchanged terms for the customer.
16. Copyright
MegaBot has copyright to the webhotel and all associated modules. Use thereof without consent from MegaBot is not permitted.
MegaBot has copyright to these standard terms and conditions, which may not be imitated or used in whole or in part without consent from MegaBot.
- Special programming
MegaBot can, by a separate agreement, perform special programming tasks for the customer. In connection with special programming for the customer, the options and conditions for use of the requirements specification, which is always prepared by MegaBot prior to special programming, are stated. Only services are made available to the customer on this webhotel or similar service offered by MegaBot.
18. Invoicing
MegaBot is entitled to invoice for marketing services, email solutions and media consultancy immediately after the conclusion of the agreement. Invoicing will usually take place no later than 30 days from the conclusion of the agreement.
Invoicing for web hotel takes place immediately after presentation of the prepared website. MegaBot reserves the right to invoice if material for the graphic preparation of the website has not been submitted by the customer no later than 14 days after signing the agreement.
MegaBot reserves the right to invoice up to 50% of the total order prior to commencement of work if the customer has comments from credit rating agencies.
19. Prices and terms of payment
All prices are stated excluding VAT. Payment is made in advance for the purchased products. MegaBot reserves the right to invoice 3 months before the expiry of the individual products, as server space and resources must be reserved. The period is stated on the invoice sent.
The prices in the agreement are fixed for 12 months from the effective date. After 12 months, MegaBot may annually increase the unit price corresponding to the increase in the Danish net price index, however by at least 3%, and rounded to the nearest DKK 10 per product. The calculation of the net price index is based on the index that is valid on the effective date. MegaBot reserves the right to charge a fee in connection with the provision of, for example, support and services, including redesign of the website.
All invoices are subject to a processing fee of DKK 99. Amounts due must be paid no later than 10 days from the invoice date (due date). In the event of late payment, MegaBot's claim will be subject to interest of 2% per month from the due date.
In the event of failure to make timely payment in accordance with the agreement, the entire remaining contract value will become due for payment immediately. MegaBot reserves the right to close access to both the website, email and administration module until MegaBot's receivable is paid.
In the case of trade with companies in the EU where MegaBot does not charge VAT, the customer is obliged to provide their valid VAT number at all times due to legislation that requires listing to Danish authorities regarding sales without Danish VAT.
- Court Jurisdiction
Any disputes between the parties will be settled by the Court of Glostrup, the Court of Lyngby or the Court of Hillerød as first instance and the Eastern High Court as second instance.