These Terms and Conditions set out the agreement between you and us for the use of the ClearViewTradeTrade Service. Please read them carefully. Before you can use the Service you must accept these Terms and Condition by clicking the "I accept" button.
1. What service we offer you
1.1. We offer you online access to the service
1.1.1. You will be able to access the service via the Internet 24 hours per day 365 days a year.
1.1.2. There will from time to time be shorter periods of time where the service will be unavailable due to
amongst others maintenance services. However we will make sure that it during each calendar
month on average is available at least 99,5 % of the time.
1.2. We offer you standard functionality and a standard user interface
1.2.1. We offer you the standard functionality and the standard user interface current at the time of your subscription.
1.2.2. We will continue to develop and improve the service in accordance with what we deem to best
meet the demands of our customers and you therefore accept that we might change the service
during your subscription period. We will, however, strive to inform you in good time when we plan to
make major updates to the service.
1.3. We back-up your data
1.3.1. We back-up your data.
1.3.2. Your data is the data you register with or upload to the service. We store it for as long as you
subscribe to the service and you consent to that we may store it for up to 24 months after the
subscription is terminated unless this violates mandatory data protection laws.
1.3.3. We will reinstate your data without undue delay if it is deleted due to an error in the service or errors committed by us.
1.4. We are available if you need help using the service
1.4.1. You can contact us via phone or e-mail during our regular office hours if you need help using the service. You can find our contact information on our website.
1.5. We inform you about maintenance activities in good time if we can
1.5.1. We sometimes need to maintain the service and while doing so it might be unavailable. If so we will
strive to inform you in good time about the scheduled maintenance activities. The need for
maintenance might, however, sometimes be urgent and in this case we might not always be able to
inform you in advance about unavailability of the service.
2. What and how you pay
2.1. All our prices are stated in EUR and are exclusive of any VAT unless otherwise is expressly stated.
2.2. You pay a yearly subscription fee for use the service and ongoing transaction fees for the transactions you
carry out using the service. You pay the fees current at the time of your subscription and you can see those
fees on our website.
2.3. We may also charge you any governmental tax, duty, tariff or other similar cost imposed on us as a
consequence of that you are situated in another country than Denmark and which we have consequently not
taken account of when setting our price for the service.
2.4. We invoice the yearly subscription fee in advance shortly after you have registered at our web site and in
connection with renewals 14 days prior to the expiration of a subscription period. We invoice the transaction
fees at the beginning of each month. You must pay all invoices no later than 14 days after receiving it.
2.5. The invoiced amount is deemed to have been paid once we have received it in our account.
3. When we activate your subscription and how you can terminate it for convenience
3.1. You will as part of the registration process choose a username and a password and we activate your
subscription immediately after you have completed this process.
3.2. You may terminate your subscription for convenience by giving 30 days written notice to the end of a prepaid
subscription period and otherwise it is automatically renewed.
4. How we may change the terms of this agreement
4.1. We will send you a message if we wish to change the terms of this agreement.
4.2. The message will be sent as an important message. You can read more about sending important messages
under the section “How we send important messages to you”.
4.3. The message will contain a description the changes we wish to make. You will then after receiving it have one
month from the 1st of the subsequent month to decline them. It is deemed to be a declination of all changes
if you decline just one or part of them. If we before expiration of the deadline receives a declination from you
it will be considered a termination and the agreement will then expire two months after the expiration of the
deadline for declining the changes.
Example. You receive our message describing the changes we wish to make on the 5th of February 2014.
You must decline the changes no later than on the 31st of March 2014. If you decline them within this
deadline the agreement expires on the 31st of May 2013.
4.4. If you do not decline the changes within the deadline they take effect upon expiration of the deadline.
5. How we send important messages to you
5.1. We use the procedure described in this section when sending important messages to you.
5.2. We use the e-mail address you specify when registering at our web site to sent important messages to
you. You must ensure that this address at all times is correct and able to receive important messages from
us and each day you must check the inbox associated with it. As a consequence you may not claim that
an e-mail sent to the address has not been received or not been read because:
the inbox has not been checked;
the receiving address was wrong, inactive or not working;
the e-mail has been blocked or categorized as spam, marketing e-mail or other unwanted e-mail
6. What you can do if we breach this agreement
6.1. If the service is unavailable
6.1.1. You may demand compensation if the availability of the service is less than promised in this agreement.
6.1.2. The service is deemed to be available when you are able to use all the material functionality
necessary to operate your business and if part of this functionality is not working as is supposed to
do, it is still deemed to be working properly if we provide you with a reasonable, temporary work
6.1.3. The service is also deemed to be available during scheduled maintenance if we have notified you
about this maintenance at least 7 days prior to conducting it. This only applies to the extent that the
period of unavailability do not exceed the time frame stated in the notification message and to the
extent that this time frame do not exceed a maximum of 1 day. We may amongst other notify you
about scheduled maintenance by placing a message on a visible spot on our website.
6.1.4. You may demand a compensation that:
if the availability deviates from the promised level by:
constitutes the following % of the amount invoiced to youin transaction fees that month:
< 0,5 %
< 1,5 %
< 2,5 %
≥ 2,5 %
6.1.5. You must notify us in writing immediately when you consider the service to be unavailable. The
period of unavailability is then calculated as the time from we receive your message and until we
notify you in writing that the availability as been reestablished. However the calculation of the period
of unavailability is subject to a closer investigation of whether your claimed unavailability and our
claimed availability actually constitute such in accordance with this agreement.
6.1.6. Any compensation is paid to you by setting off the amount in future invoices until it is paid. If your
subscription is terminated before the amount is fully paid we will deposit the remaining amount to
an account specified by you.
6.2. If you suffer a loss not related to the unavailability of the service
6.2.1. You may claim damages if you suffer a loss not related to the unavailability of the service and this
loss is caused by our negligence or willful misconduct.
6.2.2. You must notify us about your claim no later than 30 days after you became or should reasonably
have become aware of its existence. Otherwise the claim is void.
6.2.3. If we receive you claim within the above deadline we will pay you damages in relation to losses
caused directly by our negligence or willful misconduct. That means that even when caused by our
actions or failure to act we will not pay you damages in relation to amongst others losses caused
you being delayed in relation to deliveries to your customers
a customer terminating a contract with you
a supplier terminating a contract with you
loss of goodwill
loss of business opportunities
loss of profits
loss of revenue
6.2.4. If you are entitled to damages in relation to a direct loss we will furthermore only pay you damages
to the extent that your loss does not exceed the following limits:
Size of loss
We will pay you damages up to a maximum of:
6.2.4. Even though you at any given time inform us that our negligence or willful misconduct might cause
you to suffer certain types or sizes of losses our liability is still conditioned upon timely notification
and limited to direct losses not exceeding the specified amounts all as stated above.
6.3. If you want to invoke other remedies than those granted in this agreement
6.3.1. You may not invoke other remedies than those expressly stated in this agreement.
7. What we can do if you breach this agreement
7.1. We may cut off your access to the services if you do not pay on time. However prior to doing so we must
notify you in writing and give you 7 days to pay the outstanding amount.
7.2. We may also demand payment of interests which incur with 2 % for each initiated month an amount remain
outstanding. We may in addition to interests demand payment of a charge of 15 EUR for each reminder we
send to you.
7.3. You may not set off any amount against invoiced amounts unless we have acknowledged that amount in
8. How we solve disagreement
8.1. Each os us can demand that we try to solve any disagreement by involving a mediator.
8.2. The party wishing for mediation files a request with The Danish Mediation Institute
(www.mediationsinstituttet.com) for the initiation of the mediation procedure which is then conducted in
accordance with “Rules of Procedure of The Danish Mediation Institute” applicable at the time in question.
8.3. If the disagreement cannot be resolved by mediation each of us may refer the dispute to the ordinary courts
of Denmark. The venue shall be the place nearest to our main office in Denmark at the time in question and
the court shall decide the matter in accordance with Danish law to the exclusion of any choice of law rules.