Terms and Conditions

RushFiles A/S – Terms and Conditions

The Parties

This agreement has been entered into between RushFiles A/S and the company. When the software is downloaded these terms and conditions shall be accepted as applicable to both parties for the utilisation of the service and software from RushFiles A/S, in the following referred to as RushFiles, the service and RushFiles software or the software only.

The employee at the company who accepts the terms and conditions on behalf of the company shall guarantee that he/she has the necessary authority to bind the company. The users who use the software can be employees, internal users as well as partners, consultants and customers, also referred to as external users.

The company shall guarantee that internal as well as external users are familiar with the terms and conditions and that the utilisation takes places in accordance with these.

Content of RushFiles / The Service

RushFiles is a service that provides the user the option of accessing company files via the internet from the users various media such as stationary and laptop computers as well as other mobile units.

RushFiles A/S shall not have any liability in regards to whether the service fulfills the company’s or the users needs. This is an as is service, the purpose of which is to only assist with the handling of files. The function and usage of the service is described on www.rushfiles.com. The company shall bear the responsibility of assessing the content and usability in relation to the company’s needs.

In order to use the service, the user must install the RushFiles software. The software can be downloaded from RushFiles.com/download.
When the software has been downloaded this shall be considered as an acceptance of RushFiles A/S terms and conditions.

Before the software is downloaded and the service is used, the company must have reviewed the technical requirements to the companys operating environment. Technical inexpediencies or insufficient capacity will influence the performance of the service. More information on this can be obtained from www.rushfiles.com.

The company accepts that RushFiles A/S can supply all types of messages via e-mail and the company is required to, that e-mail address, mailing address, company name and contact name is always correct.

Users

A user is identified by a e-mail address and it is the Company’s responsibility to control and administrate users access to the company’s data on the RushFiles system.

All users, internal as well as external, who are given access to utilize the service must have accepted RushFiles A/S Terms and conditions.

The right of use

When RushFiles A/S has registered payment from the company, the company shall acquire a non-exclusive and time-limited right to use the RushFiles system including the resources that the company has paid for.

Pre-payment shall be made for the period the company requires and for the number of resources that the company will utilize. Additional utilisation, installation and copying will be charged based on the agreed prices.

On the date the right of use expires, the companys access to use the service shall be discontinued by RushFiles A/S and the company shall be obliged to delete the RushFiles software.

 

RushFiles A/S shall retain full copyright to the software and service and neither the company nor the users shall be entitled to perform error recovery, change or further develop the software.

Updating

RushFiles A/S shall regularly try to improve the service and RushFiles A/S shall, in the best possible way, try to remedy the errors that can occur by regularly updating of the software, which the company will be offered.

Performance reduction may occur in connection with auto-updating, but RushFiles A/S will do the best it can so that the updates are performed with as little nuisance as possible to the company and users.

Backup

In the event where the Company has purchased RushFiles as a service on RushFiles A/S’ managed platform, RushFiles A/S offers to backup and ensure the customers data in a secure environment.

If for any reason a user deletes the company’s data in RushFiles, it is solely up to the company to restore the data via the RushFiles control panel.
Deleted data on the RushFiles system can be retrieved according to the settings defined in the company’s administration interface.

If the Company purchase RushFiles as a self hosted solution it is the companys own responsibility to ensure proper data backup and recovery procedures.

Prices, payment and invoicing

A period shall be paid for in advance unless otherwise agreed and the service will be activated for the user/storage when the payment has been registered at RushFiles A/S. Pre-paid subscriptions will not be refunded. However, the number of users amount of storage can be increased with additional purchase during the subscription period.

If a subscription isn’t cancelled or downgraded before the end of the period, the company will automatically be raised an amount for a new subscription period for the used resources.

Payments will be raised from the credit card number preferred by the company, the credit card has to be valid at any time, or an invoice will be issued to the company to be paid by  bank transfer.

If a payment can’t be raised, RushFiles A/S will send a reminder to the company’s contact person. If correct credit card information hasn’t been set, or the amount of any reason can’t be raised the company’s subscription will be closed.

Errors or performance problems

The service and the programme shall be delivered as an as is service and RushFiles A/S shall not accept any liability in regard to fulfilling the users needs.

We have thoroughly tested the product as best as possible and the same shall be the case when the software is updated. However, errors can occur nevertheless. RushFiles A/S would appreciate the reporting of such errors and will handle them in the best possible way. RushFiles A/S, however, shall not accept any liability of any kind, neither for loss nor inconveniences which the users, the company or others may suffer as a result of errors or inexpediencies in the functionality of the software or service or content.

So that the service can be used, a verification of the users shall be necessary on RushFiles A/S servers. It cannot be excluded that an unfortunate coincidence of circumstances can occur, which will mean that the service will not be accessible and that consequently the external users will not be able to gain access to files. Naturally, RushFiles A/S shall work as fast as possible to get the service operating again. However, RushFiles A/S shall not accept any liability for loss or inconveniences which the users, the company or others may suffer as a result of lack of access to the service.

Limitation of liability

RushFiles A/S shall not accept liability for the functionality or the accessibility of the service and the appurtenant software, or for problems that may arise in connection with the installation on the users computers or in the companys operating environment.

If, nonetheless, RushFiles A/S is met with a claim for damages this shall, under all circumstances, only cover direct loss and shall always be limited to the amount that has been paid for the month of the subscription in which the loss has occurred.

The limitation of liability shall also apply to product liability to the extent invariable legal provisions do not preclude such exemption of liability.

Exemption from liability – Force Majeure

RushFiles A/S cannot under any circumstances be made liable for conditions that are due to force majeure.

Conditions such as extensive power failure, strikes, lock-out, fire, vandalism, hacking, virus and denial of service (DDOS) shall be considered as force majeure.

Transfer

The right to use the software and the appurtenant service can be transferred to others, but shall require prior written acceptance from RushFiles A/S and that the party acquiring the right of use accepts these delivery terms and conditions.

RushFiles A/S will only refuse acceptance of transfer if a reasoned argument for this exists such as unethical or illegal activities or prior breach of RushFiles A/S delivery terms and conditions.

Liability for data

RushFiles A/S shall only make the software and the service available for the handling of files for the company and its users.

RushFiles A/S does not handle files and shall therefore not be responsible for this taking place in accordance with legislation. Nor shall RushFiles A/S be responsible for the validity, content or legality of the data.

Only the companys users shall be responsible for the users compliance of the rules of the Danish Act on Processing of Personal Data.

Third party rights

If a third party raises objections against the use of the service or the software as a result of third party rights, the company shall immediately notify RushFiles A/S of this.

RushFiles A/S shall consequently ensure that the company and the users can legally use the service, change the content of the service so that it does not infringe on a third partys rights, but RushFiles A/S may also choose to cancel the agreement and close access to the service for the company and the users. The company and the users shall then be obliged to delete all installed RushFiles software.

None of the parties can subsequently submit further claim against each other.

Termination

The service can, at any time, be terminated or the number of users/storage reduced by both parties to terminate at the end of a subscription period. When the service terminates, it will no longer be possible to use it and the user shall be obliged to delete RushFiles software, just like RushFiles shall be obligated to delete any of the Company’s data on RushFiles platform.

If RushFiles A/S is required by an authority to deactivate or delete a companys or a users access to the service, RushFiles A/S shall be entitled to do this without notice and without the company or the users making any claim applicable against RushFiles A/S as a result of the insufficient access to the service.

Venue and Disputes

The relationship between the parties shall be subject to Danish law and these terms and conditions shall be supplemented with the ordinary rules of Danish law unless otherwise stated. In the event doubt arises regarding the content, this shall likewise be interpreted in accordance with Danish law.

Disputes between the parties that cannot be settled amicably shall be decided by the ordinary Danish courts of law.

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VER01-15.11.2012