Terms & conditions

1. Field of application

JayJay® terms & conditions applies on all agreements made with a customer, such as an agreement regarding web design, graphic design, maintenance, programming, updating and marketing. If parts of or all of our terms & conditions should not apply in a given agreement, then it has to be accepted in writing by JayJay® to be legally binding and therefore valid in the given agreement.

Every product or service that is delivered to the customer by JayJay® is regulated by the following terms & conditions. The customer is accepting these terms by signing the agreement sent by JayJay®.

2. Entering an agreement

2.A.

Agreements regarding web hosting and marketing related products or services is entered with a pre-agreed contract that describes the content, price, time of delivery and possible special conditions for both parties involved. Unless something specific is already agreed with the customer, agreements regarding web hosting and marketing related products or services are effective for 6 month or untill one of the parties terminates the agreement in accordance with point 4 in these terms & conditions. JayJay® is entitled to change technical installations, if it is required due to the consideration of the workability, trafic and/or technical issues. JayJay® is required to notify the customer within 14 days if there has been made any changes in the conditions of the agreement. Customers will automatically be included in our operation/news letter mail list.

2.B.

An agreement that concerns any system development, web design, development in general, prgramming and production of web solutions and subsequent all programs, scripts, graphic elements etc. affiliated with the given product or service, is unless a special price is agreed, always based on JayJay® normal prices which are always available on our website, just like our terms & conditions. In the event that a firm price has been agreed with the customer for development of a certain product or service, we do charge the customer for all worked that is not related with the agreed assignment.

3. Payment

All prices does not include VAT. or other possible fees.

All subscription payments are prepaid.

All payments must be paid within 14 days from the date stated on the invoice and is paid with a bank transfer or with another payment option stated on the invoice. In the case of a late payment, we will collect interest of the amount which is unpaid and the interest is in accordance with danish law and from the 1/1-2008 to 30/6-2008 the interest is 11.25% per. year. The interest will be added every month from the date where the amount should have been paid. For every payment reminder we sent out, we will add a fee of 14€ to the final amount.

4. Cancellation of a subscription and other cancellation

Both the customer and JayJay® is entitled to cancel agreements and associated services in writing with a 30 days notice. The customer will pay the subscription fee and for other services up to the date where the agreement will come to an end.

If the subscription is functional in this period or even longer, then the subscription can be cancelled with a 30 days notice, but prepaid amount will not be refunded to the customer.

At the date where the cancellation is effective, it is the customers job to remove or delete all data and information which is present at the provided server space, and the customer should also create another domain some place else, if he still whishes to be able to receive emails.

JayJay® have the right to provide the server space to other customers from the date where the cancellation is effective, and the domain will also be erased with JayJay®, so that JayJay® do not receive any mails or other forms of communication for the customer.

In the event that the customer commits a fundamental breach of the contract, then JayJay® is entitled, without any notice, to cancel the contract and also to collect any loses and unpaid amounts.

A fundamental breach is considered to be:

• if the customer does not pay on time
• if the customer commits violations which is against danish og international laws or if the customer violates the normal accepted ethic rules that applies when using the Internet. The ethic rules are described in point 5.B.
• if the customer violates point 11 i our terms & conditions
• if the customer uses JayJay® or a third parties copyright without our or their consent
• if the customer is being administered in bankruptcy or any other situation that can be associated with a bankruptcy, such as if the customer files for a suspension of payment(s)

5. The customers obligations

The customer is unjustified in making any interference with JayJay® hardware and installations.

The customer is obligated to keep the fixed deadlines that are described in the given agreement. An agreement in which it is described that the customer, within a certain time period, has to provide JayJay® with some certain material in which JayJay® needs to create and deliver the agreed product or service, is therefore an obligation that the customer needs to respect. It is provided that, unless anything else is specifically agreed and confirmed in writing, that the customer either has or wil purchase the neccesary hardware that the web solution requires and that the customer also gets the neccesary software licenses, to make the solution fully functional. All materials such as text content, pictures or graphical elements is delivered to JayJay® in an electronic form that is suitable for JayJay®.

The customer is obligated to inform JayJay® without any delays of any address changes.

5.A. Backup

The customer is obligated to secure all data and information from being damaged or erased, by regularly taking backups of the content that is stored on the delivered server space.

JayJay® will to some extent within reason, try to create backup procedures, but JayJay® cannot and will not guarantee that the customers data and information can be re-established after a system breakdown.

5.B. About web hosting

The customer is responsible for the domain name and that the customer has the right to the given domain name. JayJay® is not responsible is the customer has chosen a domain name that violates others copyright, such as trademark rights and it is only the customer that is responsible.

The customer is obligated to use the provided space and all services provided, in a way that does not violate danish laws, international laws or the ethical use of the Internet.

The customer is not allowed to, under any circumtances to use the provided product or service from JayJay® to give access to pedofile, pornographic, racist or other material that is considered as grossly insulting. The customer is also not allowed to link to any websites which may have such material available.

The customer is not allowed to publish any material that is protected by a copyright or a trademark, such as music, pictures etc. without permission from the legal owner of the material. The customer is also not allowed to link to any website which may have such illegal material available.

If it comes to our attention that the customer as violated any of the above mentioned rules, it is considered as a fundamental breach of the given contract and JayJay® is therefore entitled to cancel the contract immediately and therefore disconnect all connections to the customers domain.

6. Copyright

JayJay® remains in control of the copyright to all software, know-how, inventions and similar things, that is developed or used by JayJay® to create the agreed product or service.

All rights to the data, that is delivered by the customer, belongs to the customer or a third party.

This point is not effective if the customer and JayJay® in writing has stated otherwise in the given contract between the two parties.

7. Responsibility

Usage of the developed computer programs, websites, and all parts connected with either the computer program or website, such as graphic elements, program-scripts, Java-applets, databases etc.,is entirely being used at the customers own responsibility and JayJay® do not take any responsibility for the information that the customer receives or submit on the Internet. This applies regardless of where these informations are or come from. This also applies even if JayJay® has been helping the customer in creating the material. The exempt from liability does also regard the merit, the trueth, the righteousness etc. of the mentioned informations.

The customer has to keep JayJay® free of any compensation demands, duties or fines that JayJay® that is based on illegal actions in which the customer has committed or due to the customer not reacting at all, in regards to the use of the developed web solution and all the elements in which the solution contains. This does also include any copyright violations and illegal actions or lack of action from the customer.

JayJay® is not responsible for any interruptions, delays, interference or lack of connection, if it is caused by circumstances that are not in the control of JayJay®.

The limited liability mentioned above does not only concern usual Force Majeure, but it does only apply on circumstances that is normally not considered as usual Force Majeure. Please see point 9 for a more detailed description.

8. Limited liability

JayJay® is accountable for any loss we may occur that can be tracked back to our actions in accordence with danish legistration, but our responsibility is in accordence with the following restrictions.

The maximum compensation that JayJay® could be forced to pay in accordence with danish legistration, is limited to an amount that can not exeed what the customer has actual paid for the service or product which has given the customer a compensation claim against JayJay®. JayJay® can not under any circumstances be hold responsible for an indirect loss or any consequential losses and hereby we mean, that we do not cover lost profits, loss of production, losses that is caused, because the product or service delivered by JayJay® could not be not used as expected, collateral damage that was caused because of an agreement being cancelled with a third party, because of lost or misrepresented information. JayJay® can only be hold responsible if it is desided by a danish court that JayJay® has acted deliberately or if JayJay® has acted with a negligent behavior. Furthermore we reserve the right that JayJay® can only be held responsible after the legal term Mea Culpa in regards to damages that JayJay® needs to compensate.

JayJay®cannot be held responsible for circumstances created by Tele Danmark or any other network operater or a sub-supplier or sub-contracter.

JayJay® is not responsible to cover any losses if an unauthorized person, like an intruder creates damages on the customers datasystems and here by we mean any data or information that may be present on the customers Internet server or other Internet servers.

JayJay® obligation to compensate a possible loss can only constitute the amount that the customer has paid for the relevent service or product.

9. Force majeure

If JayJay® is not able to deliver the agreed product or service due to extra ordinary circumstances that is not in the control of JayJay® like fires, floods, strikes, lock-outs, power failure, failed preformances from the phone or newwork supplier or a similar supplier. JayJay® reserves the right to be released from our delivery obligation as long as a situation like the above mentioned occurs.

9.A. Web hosting

The customer will get a reduction that correspond with the time period where the service is not available due to the circumstances mentioned above. JayJay® is obligated to inform the customer without hesitation if the service is not available due to the circumstances mentioned above.

The customer can cancel there contract without notice, if the agreed service is not available to the customer within 10 working days. If the customer whishes to cancel their contract, JayJay® will create a final balance of the payment obligation that the customer may still have and we will deduct the time frame where the service was not available due to the circumstances mentioned above.

10. Operation safety

JayJay® reserves the right to limit or to restrict the usefulness of our supplied products and services due to operation or safety reasons.

JayJay® reserves the right to gain access to our customers user data at any time, if it is required due to operation or safety reasons. Employees at JayJay® will be subject to his or hers duty of confidentiallity in the event that this should happen as mentioned above.

Access to the customers user date that has nothing to do with operation or safety reasons, will need to be aproofed by the customer in writing or it will need a search warrent.

11. Legislation venue

And dispute that might originate from the business relationship between JayJay® and the customer or questions that might be based on interpretation issues of the agreement or the terms & conditions, has to be judged by danish legislation in a danish courtroom.

An evential court decision that might lead to that a point or several points of the agreement or our terms & condition are declared as invalid, does not result in invalidity of the rest of the agreement or the rest of these terms & conditons.

12. Changes

JayJay® reserves the right to change these terms & conditions and our prices with a 30 days notice in writing or by email or in another way which is suitable for JayJay®.

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