General standard conditions for SIMTEQ software solutions
General standard conditions for the software solutions REVINAV and SIMTEQ PRODUCTION ENHANCEMENT COLLECTION , updated 08/12-2021
1. SIMTEQ A/S
SIMTEQ A/S is an IT and consulting house specializing in hosting and developing ERP solutions for the Microsoft Dynamics platform. SIMTEQ A/S’s products are exclusively aimed at business customers who are registered with a valid CVR number and are therefore not offering sales to private individuals.
The following standard conditions apply to the cooperation between the Buyer and SIMTEQ A/S (which also covers SIMTEQ A/S’s subsidiaries), unless otherwise agreed in writing.
In the following, only SIMTEQ A/S will be mentioned, but the following must be interpreted as SIMTEQ A/S and its subsidiaries.
3. Invoicing and payment
Invoices will be issued by SIMTEQ A/S.
Software licenses are billed in advance for a period of one year.
In the event of non-payment for more than 10 days from the due date, SIMTEQ A/S may close access to the software or terminate the license agreement completely. To regain access to the software, the customer must pay the amount due, including accrued fees and interest until the time of payment.
SIMTEQ A/S reserves the right to change prices on an ongoing basis with 3 months’ notice.
5. Duration and termination
License agreements are valid for a period of 1 year and are automatically extended with a new corresponding lock-in period, unless it has been terminated in writing.
Termination of license agreements on software must be done in writing to SIMTEQ A/S no later than 30 days before the end of a binding period.
SIMTEQ A/S may terminate license agreements at any time with 90 days’ notice. Any refund of prepaid amount in this case is proportionate. If SIMTEQ A/S makes significant changes of a deteriorating nature in the customer terms, the customer may terminate the agreement with 30 days’ notice. Prepaid subscriptions will exceptionally be reimbursed proportionately in such situations.
If a license agreement terminates as a result of a termination or breach, it is the Buyer’s responsibility to print data for archival purposes. The buyer may request that data be provided by agreement before the license agreement expires. Readout of data is invoiced after elapsed time. The request can be made no later than 12 months after the access to the system is closed. Data is then deleted.
6. SIMTEQ A/S ‘responsibility
SIMTEQ A/S is only responsible for its own services and actions. SIMTEQ A/S is not responsible for matters related to 3rd parties and / or the customer.
SIMTEQ A/S is not responsible for indirect losses, including operating losses, loss of data, losses caused by IT viruses or the like, regardless of whether these losses may be due to SIMTEQ A/S’s circumstances.
If a direct loss due to SIMTEQ A/S can be detected and documented, SIMTEQ A/S can be fined if it approves the documentation. Any amount of the fine is calculated from the license fee and may not exceed 25% of this.
7. Duty of confidentiality
The parties are covered by section 19 of the Marketing Act. SIMTEQ A/S has a duty of confidentiality regarding all information that SIMTEQ A/S may come into possession of about the customer. SIMTEQ A/S must ensure that the information received is not passed on or used for purposes other than those that follow the agreed.
8. Data protection
Both parties guarantee that they will comply with all obligations under the Personal Data Processing Act.
9. Force Majeure
Force majeure includes strike, lockout, fire, floods, extensive operational disruptions, state of war, government measures, non-delivery or incorrect delivery from subcontractors, theft, vandalism or other incidents where SIMTEQ A/S is unable to fully or partially fulfill its obligations. In case of force majeure, SIMTEQ A/S is entitled to postpone or cancel its services.
Any dispute concerning the agreement, its interpretation or completion must be settled by the court in Herning.