The following terms and conditions (hereinafter referred to as "the Agreement") shall apply to the User's use of Bricksite ApS's (hereinafter referred to as "Bricksite") online services and online modules which are hosted and provided by Bricksite (hereinafter referred to as "the System").
- Upon creation of his user profile, the User shall enter a username and an email address, which are to be used as contact information in future. The User can subsequently enter further contact information in his user profile, including name and address. If the User has purchased additional services, contact information such as name and address as well as CVR no. (central business register number in Denmark), if any, is mandatory.
- The User shall be responsible for making periodical updates of his contact information, including email address, so that Bricksite can always get in contact with the User.
- Failure to update user contact information shall be deemed material breach of the Agreement, cf. clause 11.2.
- The User agrees to receive general information messages and legally binding messages from Bricksite via the email address registered by the User. The User agrees to receive information, news and offers via the email addresses registered in the System. The email addresses which have been stored in the System shall be binding contact details in connection with the cancellation of the User's account, until they are changed to another email address by the User, after which the new email addresses shall be binding contact details in connection with the cancellation of the User's account.
- The processing and storage of the User's contact information and other personally identifiable data are consistent with the Danish Act on Processing of Personal Data (in Danish: "Lov om behandling af personoplysninger"), cf. clause 12.
2) Services and level of service
- Description of services
- Bricksite hosts the User's website and provides the User with a basic package consisting of ten (10) web pages and 25 MB of storage space as well as a series of standard modules for the creation of a website.
- The User can, at his own option, purchase additional web pages, storage space, functions and modules, which – depending on the choice of the aforementioned services – may involve subscriptions, cf. clause 9.
- In the absence of a separate agreement to the contrary between the User and Bricksite, Bricksite is entitled to upload information about Bricksite, including name, logo and link, on the User's website, including any subpage belonging thereto. The User may not remove nor make any attempts to remove such information uploaded by Bricksite.
- Bricksite will make the agreed services available to the User once Bricksite has registered the order and/or payment thereof.
- Bricksite endeavours to provide an uptime of 100% for the System and the User's website, but Bricksite shall not assume any liability to the User for such uptime standard.
- Backup of the User's data, including uploaded material, shall be the sole responsibility of the User, and Bricksite shall not, in any case, be responsible for any loss of data suffered by the User. The User is therefore encouraged to perform backups of all uploaded data.
- Bricksite performs daily backups of the System.
- Upon creation of his login and approval of the Agreement, the User obtains a temporary and non-exclusive right to use the online services and modules chosen by the User.
- The User may only use the online services and modules comprised by the Agreement as offered online by Bricksite. The User has no rights to any services or modules in the form of objects or codes. The User shall not, under the Agreement, obtain the rights to any kind of material of which a third party holds rights that may be comprised by Bricksite's modules; other than the right of use expressly stated in this Agreement.
- In the absence of a separate agreement to the contrary between the User and Bricksite, all rights to the System, including ownership and intellectual property rights, are reserved by Bricksite.
4) The User's right of cancellation
The User acknowledges and agrees that the service will be supplied immediately after registration for and/or payment of the service requested, and that the User cannot subsequently regret or cancel the order, cf. s. 18(4) of the Danish Consumer Agreements Act (in Danish: "Forbrugeraftaleloven").
- No right of cancellation shall apply if the User is a businessman.
- Bricksite undertakes to periodically maintain the System by recovering errors, so that the continuous operation of the System is kept intact to the maximum extent possible.
- During the process of maintenance, the System and/or the User's website may be fully or partially inaccessible to the User. Bricksite shall not be liable in any way to the User in such cases.
6) Errors and omissions
- System errors
- System errors shall be defined as all errors not relating to the User's use of the System.
- System errors can be reported on Bricksite's support site.
- Bricksite endeavours to recover all system errors as quickly as possible. Bricksite is under an obligation to recover all system errors within a reasonable time limit, which may never be shorter than 20 working days.
- User errors
- User errors shall be defined as all errors relating to the User's use of the System or all errors caused by the User's lack of knowledge of accessible documentation and instructions.
- All documentation and instructions to be used for the System are available on Bricksite's support site at http://support.bricksite.com. Bricksite is not obliged to provide any further instructions than those available on Bricksite's homepage or support site.
- Bricksite provides support functions allowing the User to submit questions to Bricksite. The support only comprises instructions and specific advice on the use of the System, and the User shall particularly be aware that the following conditions are not included in the support provided by Bricksite:
- All errors and problems caused by equipment and telecommunication links or third-party software, and which are not ascribable to the System.
- Questions relating to the equipment of the User or any third party.
- Questions not relating to the use of the System or, in any other way, to the services of Bricksite.
- Bricksite shall not be responsible for the recovery of any user errors or for ensuring that the User, within a specific time limit, receives replies to messages submitted to the help desk support.
- Bricksite reserves the right to invoice for any time spent on replying to messages that are related to user errors or not comprised by the Bricksite help desk support. Bricksite is only entitled to issue such invoices provided that Bricksite, prior to the recovery of any error, has notified the user about the invoicing procedure.
7) Legality etc
The User is only entitled to upload material and to use the System for purposes that are not inconsistent with the Agreement and any other rules of law.
THE USER warrants THAT he holds all the rights to the content on the website AT ALL TIMES. Bricksite shall not assume any liability for the legality of the content UPLOADED on the user's website.
The User warrants that he has obtained all the required consents, including consent in accordance with the Danish Marketing Practices Act (in Danish: "Markedsføringsloven"), if newsletters or similar kinds of marketing material are sent out from the User's website.
In accordance with the terms of the Agreement, all pornographic material and the like, or material which is generally offensive, including any kind of material encouraging the use of violence or other kinds of harmful behaviour, may not be uploaded. Neither is it permitted to link to such material from the User's website.
If a third party should raise claims against Bricksite, including claims for damages, as a result of the contents on the User’s website, the User shall be obliged to fully and effectually indemnify Bricksite from and against all or any claims and expenses arising out of or in connection with such claim, including litigation costs and attorney’s fees and expenses. This provision shall remain in force irrespective of whether a third-party claim is deemed unwarranted at a later date.
- The User's assignment of the right of use
- In the absence of a written agreement to the contrary between the User and Bricksite, the User is not entitled to transfer or assign his right of use to any third party, whether it be through sale, leasing, lending or in any other way.
- Resale of Bricksite's services for business purposes requires the conclusion of a separate agreement with Bricksite.
- Bricksite's assignment
- Bricksite is entitled to transfer or assign any right or obligation to a third party at Bricksite’s sole discretion. Bricksite may use sub-suppliers at any time and at its sole discretion.
9) Prices and terms of payment
- The User shall pay for all acquired services in advance when placing the order thereof. Subscriptions run for a period of one year, after which they are automatically renewed for another one-year period, unless the Agreement has expired before than, cf. clause 11.
- Bricksite accepts payment in different currencies, depending on the country from which the System is accessed.
- Unless otherwise specified, all prices listed include Danish duty and all other taxes, including VAT.
- The User shall pay the price applying at the time of ordering the service concerned and upon extension of the subscription period.
- Price adjustments
- Bricksite is entitled to adjust its prices without prior notice.
- For the future, Bricksite may charge for services that used to be free of charge. However, as regards existing users, Bricksite shall give the User one month's prior notice in these cases. This period shall begin to run from the time at which Bricksite sends out its notice of the price adjustment.
10) Amendments to the Agreement
Bricksite is entitled to make amendments to the Agreement at any time by giving three months' prior notice. If Bricksite has not received a notice from the User about the cancellation of the Agreement, in pursuance of Clause 11, before the expiry of the notice period, the amendments are deemed to have been accepted by the User and shall automatically take effect after the expiry of the period indicated under this Clause.
Notice of amendments to the Agreement will be sent to the email address stated by the User, cf. clause 1.4.
- All agreements concerning free services may be cancelled at any time by the User without prior notice via the function “Delete website”. By giving one month's prior notice, Bricksite is entitled to discontinue the User's access to free services. After the expiry of the notice period, Bricksite will discontinue the supply of the service concerned and remove the User's website from the System. Subsequently, the User will no longer have access to the website nor any data uploaded thereon. It is therefore recommended that the User makes copies of his own data, as the responsibility for any backup rests exclusively on the User, cf. clause 2.4.
- All agreements concerning services which have been purchased may be cancelled by both parties by giving three months' prior notice. After the expiry of the notice period, Bricksite will discontinue the supply of the service concerned. The User's website will be removed from the System, and the User will no longer have any access to the website nor any data uploaded thereon. It is therefore recommended that the User makes copies of his own data well in advance of the expiry of the notice period, as the responsibility for any backup rests exclusively on the User, cf. clause 2.4.
- All subscriptions must be paid in advance. Subscriptions run for a period of 1, 3, 6 or 12 months, depending on the type of subscription chosen at the time of purchase. In order to ensure that your website does not expire, your subscription will be renewed automatically two days before the expiry date. If an automatic payment fails, irrespective of the cause thereof, you will receive an email requesting you to log in and complete the payment. If the payment is not completed successfully within seven days after the first message, the subscription concerned and all related functions will be deactivated. If the payment has not been received within 60 days after the first message, the account concerned will be closed without any further notice. Subscriptions may be cancelled at any time and no later than seven days prior to the expiry date. No refunds will be made for any subscription time remaining. No refunds will be made for one-off payments concerning domains, web pages, MB or modules.
- It is not possible to cancel an order for a domain, as domains are unique. This provision shall also apply to any error in domain registration, including spelling and typing errors. When ordering your domain, you declare that you are the registrant of the domain and that the use of the domain name does not violate the name and trademark rights of any third party or, in any other way, conflicts with the law. The domain name must be registered in the customer's name. Bricksite is the supplier of the service and does not hold any responsibility in connection with the registration of the domain and may not, in any case, be held liable for any loss related to the creation/transfer of the domain name. The customer is obliged, at his own account, to control whether the order or transfer of the domain has been completed successfully and shall contact Bricksite if this is not the case.
- When logged onto your website, you can find information about previous payments and subscriptions as well as contact details under “Account and Payments”. Here you can also update your credit card information, cancel subscriptions and change payment periods.
- Bricksite is entitled to terminate this Agreement in part or in full if the User commits any material breach. Failure to perform any one of the contractual obligations imposed on the User shall be deemed material breach of the Agreement.
- Notice to the User about material breach of the Agreement will be sent to the email address entered by the User, cf. clause 1.4. This shall be deemed fulfilment of Bricksite's obligation of notification. Bricksite may subsequently close the User's website and/or cease to provide any additional services, in accordance with the terms of the Agreement.
- If Bricksite fails to perform its contractual obligations under the Agreement, the User shall be entitled to terminate the Agreement in writing, following the expiry of any period of error recovery, cf. clause 6.1. The termination of the Agreement shall take effect ten (10) days after Bricksite’s receipt of notice thereof, provided that Bricksite has not cured or remedied the breach within this period.
- Bricksite is entitled to suspend the access to the User's website or the User's access to the System at any time if Bricksite from a third party or of its own motion receives information showing that the website or the User's use of the System is not compatible with the rules of law, or that the website contains material that is inconsistent with this Agreement or which, at Bricksite's discretion, is offensive to the general public.
- Bricksite may similarly suspend the access to the User's website or the User's access to the System if Bricksite finds that the User's website or the User's use of the System involves data traffic of an uncommonly high volume or of an uncommon nature in general.
- Bricksite's suspension of the access to the User's website or of the User's access to the System shall be without any liability to the User. Bricksite will immediately send a notification email to the User. On the basis of the User's subsequent contact to Bricksite, Bricksite will determine whether the Agreement shall be terminated or whether the suspension shall be discontinued.
12) Personal data
- Registration and storage of personal data by Bricksite
- Upon the User's creation of a user profile and website, Bricksite registers and stores personal data, including the User's name, CVR no. (central business register number in Denmark), address, telephone number and email address, provided that the User enters such information. Information about email address is required to create a user profile and website, and name and address as well as CVR no. (central business register number in Denmark), if any, are also required information if the User has purchased additional services.
- The User's contact information is exclusively stored by Bricksite and used for the purpose of maintaining proper management of the User's association with Bricksite.
- Furthermore, the User's personal data will be used for search engine optimisation and statistical purposes.
- Bricksite does not store the User's credit card information, including Dankort details.
- Processing and disclosure of personal data
- Bricksite shall only act on the instructions of the User. Bricksite shall take all the necessary technical and organisational safety measures to protect information against accidental or unlawful destruction, loss or modification, and against disclosure to any third party, unauthorised use, or any other form of processing regarded as being inconsistent with the Danish Act on Processing of Personal Data (in Danish: "Lov om behandling af personoplysninger").
- Against payment of time-related costs in accordance with Bricksite’s general hourly rate, Bricksite shall, upon request from the User, provide the User with sufficient information for him to ensure the adoption of the technical and organisational safety measures stated above.
- Bricksite will not disclose any personally identifiable information to a third party, except for data which the User makes accessible on his website.
- Technical information
- For each and every visit on Bricksite's website, the User's IP address is also registered. The IP address is the address on the computer from which the User visits Bricksite's website. The IP address is registered in order to ensure that Bricksite can always track the computer used for access if the User's visit on Bricksite's website results in improper use, unlawful conduct or the like.
- The User's publication of personal data
- The User warrants that the collection and publication of personally identifiable information via Bricksite’s system are in compliance with the rules of law, including the Danish Act on Processing Personal Data (in Danish: "Lov om behandling af personoplysninger").
- Bricksite shall not assume any liability for the unlawful publication of personal data issued by the User on his website.
13) Limitation of liability
- Bricksite shall not in any way be held liable for conditions or circumstances that relate to the non-performance of the User’s contractual obligations under the Agreement.
- BRICKSITE SHALL NEVER BE HELD LIABLE FOR ANY INDIRECT LOSSES SUFFERED BY THE USER, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGE, OPERATING LOSS, LOSS OF PROFITS, THIRD-PARTY CLAIM OR LOSS OF DATA.
- BRICKSITE SHALL NOT BE LIABLE FOR ANY LOSS CAUSED BY SYSTEM ERRORS.
- IF BRICKSITE, DESPITE THE ABOVE PROVISIONS, SHOULD BE HELD LIABLE, SUCH LIABILITY SHALL ALWAYS BE LIMITED TO THE FEE PAID BY THE USER 12 MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
- DESPITE THE PROVISIONS ABOVE, BRICKSITE SHALL NEVER BE LIABLE TO PAY TO THE USER A TOTAL AMOUNT EXCEEDING DKK 10,000.00, SAY TEN THOUSAND DANISH KRONER.
- The provisions stipulated above shall also apply to product liability, so far as permitted by law.
14) Force Majeure
- No party shall be liable for any loss or damage suffered by the other party where such loss or damage is a direct or indirect result of events beyond the parties' control (Force Majeure).
- Among other events, Force Majeure shall comprise war, mobilisation, natural disasters, strikes, lockout, fire, water damage, marketing restrictions, the occurrence of computer virus or hacker attacks, illness or death of key staff, IT or system failure, failure or errors in communication systems, and all other unforeseen events or circumstances which the party concerned could not reasonably have avoided.
- Where one of the parties is affected by events of Force Majeure for a period exceeding 40 days, either party is entitled to terminate this Agreement in part or in full for the future. If the Agreement is terminated due to reasons of Force Majeure, neither of the parties may raise a claim for damages against the other party.
15) Governing law and jurisdiction
- The Agreement between the parties shall be governed in accordance with the laws of the Kingdom of Denmark to the extent that the User, under present law, can conclude such an agreement on choice of law, excluding the rules of Danish law concerning international choice of law.
- If the User is a businessman, any dispute between the parties arising out of this Agreement without the possibility of amicable settlement shall be resolved before the Aarhus City Court.
16) Original text
On the construction of any disagreement concerning the contents of this Agreement, the Danish version shall be the original text.