Conditions

Thank you for reading our terms.

Our terms have been written for both your protection as well as ours. Generally we are not interested in giving you a bad experience here, demand your firstborn or make unreasonable demands.


1 Preamble

1.1 The purpose of the present Terms is to describe the terms for trade between the customer and Simply.com.

1.2 The Terms apply to all types of agreements between the Parties, insofar as the customer has accepted the Terms.

1.3 If a private individual enters into agreement with Simply.com, there is in the following given information on the applicable consumer terms for that agreement.

1.4 Simply.com reserves the right to make changes in the Terms without preceding warning, this, however, under the prerequisite that the updated and applicable Terms are always available on Simpy.com's website. If a change is deemed to be significant, customers will be notified about the change with 30 days notice.

2 Definitions

2.1 "Terms" are defined as the present Terms.

2.2 "Simply.com" is an abbreviation of Simply.com A/S, CVR.no. 29412006

2.3 "Solution" defines the services and products Simply.com delivers to the customer.

2.4 "The Parties" is used as a common name for the customer and Simply.com.

2.5 "The Account" refers to the Simply.com account, through which Solutions are assigned and managed.

2.6 "Subscription agreement" is used for purchase of webspace-products made through Simply.com's website.

2.7 "Traffic" refers to internet based traffic to and from the customer's Solution, which is delivered through Simply.com's infrastructure and internet connection.

3 Payment terms, prices and fees

3.1 All prices on Simply.com's website are given in EUR/DKK/SEK. Whether or not VAT is included in the price depends on the respective currency and will always be stated on the website.

3.2 All Solutions must be paid via online payment.

3.3 The customer can without extra fees perform up- or downgrades or his/her Solution through the control panel.

3.4 If the customer upgrades a product, the customer is to pay the price difference between the original and the upgraded product for the rest of the original product's remaining period. The upgraded product will not be billed individually until the next billing period.

3.5 If the customer downgrades a product, the customer must still pay the price of the original product for the rest of the original product's remaining period. The downgraded product will not be billed individually until the next billing period.

3.6 Simply.com is subject to typos, price changes, discontinued products, and failure to deliver by subcontractors.

3.7 Simply.com may adjust all prices and fees with at least a months notice. The price adjustment of existing agreements takes effect from the next billing period.

3.8 If circumstances outside of Simply.com's control, including legal circumstances as well as the increase of prices from Simply.com's subcontractors, should change, Simply.com is entitled to increase prices without warning. Upon the increase in the costs of energy, Simply.com reserves the right to impose a corresponding energy fee to cover the increased energy expenditure. The customer must be notified of such price adjustments and fees with at least a month's notice.

4 Setup

4.1 Simply.com begins the creation of the Solution immediately after having received the customer's payment.

4.2 To enter into agreement with Simply.com, the customer is required to be legally of age, posses a valid acceptance from a legal guardian or be a registered company. If this is not the case, and agreement cannot be entered into.

4.3 After creation, the customer will receive an e-mail with information on the Solution ordered as well as any further instructions for the customer.

5 Ownership

5.1 The person whose information is registered on the account at Simply.com will be the rightful owner of the account, including the Solutions assigned to the account.

5.2 Any person to whom the customer grants access to the Account, will be rightfully able to manage and change Solutions and information assigned to the Account.

5.3 If the customer updates the Account with new information, the information in the whois-database for each domain assigned to this Account will be attempted to be updated automatically with the new information as well. Because of this Simply.com always regards the owner of the Account as the owner of the domain.

6 Terms for webspaces

6.1 General

6.1.1 A Subscription Agreement as a starting point runs for 12 whole months from the day a webspace is ordered, and each year the Subscription Agreement can be extended with a new period.

6.1.2 If the Subscription Agreement is not extended, and automatic renewal is not activated, the agreement expires on the stated expiration date. Upon expiration data can no longer be accessed by the customer. Two weeks after the original expiration of the Subscription Agreement, the product is deleted along any data belonging to it. The Subscription Agreement is hereafter regarded as terminated.

6.2 Use of the webspace

6.2.1 The purpose of Simply.com's Solutions are not to function as an external harddrive for storing of data such as zip, mp3, avi, iso or similar, but to function as a place for showcasing and sales for businesses and private individuals. As such it is not permitted to store larger file archives for free download or display/streaming without prior agreement with Simply.com.

6.2.2 Simply.com continuously asses the function of scripts/programs/data that might strain the server and cause breakdowns. If this is the case, Simply.com can at any time temporarily shut down access to the webspace in question. This will, however, normally happen in consultation with the person responsible.

6.2.3 If a product is used for sending spam, phishing or similar, Simply.com reserves the right to temporarily shut down access to the product without prior warning until the problem is rectified. This also applies even if the owner of the product is not familiar with the stated abuse, and is not directly responsible for it.

6.2.4 Generally, Simply.com offers free traffic for all webspaces. However, exploitation of this can lead to exclusion from Simply.com's servers or a limitation imposed on bandwidth. Exploitation can be e.g. violation of the rules about website content and disproportionate traffic consumption.

7 Terms for domains

7.1 Domain registration

7.1.1 Upon domain order, the customer declares that his/her use of the domain name does not infringe on any third party's immaterial rights. Simply.com cannot be held responsible for the loss of a third party due to the Customer's unauthorized use of the domain.

7.1.2 Simply.com makes its domain tester available to the customer's inquiry of whether a domain name is available. Simply.com cannot guarantee that it is possible to register each and every domain name which can be found via the domain tester.

7.1.3 Upon registration of domain names at Simply.com (with the exception of .dk-domain names), the Customer accepts the following terms from Key-Systems: Registration Agreement of Key-Systems.

7.1.4 Simply.com will, by the domain registrant, explicitly be appointed as Designated Agent in relation to any TLD which is registered, managed or transferred via Simply.com's control panel.

7.1.5 If registrant information is changed, the domain registrant explicitly accepts that the domain is not locked for 60 days.

7.1.6 Simply.com holds no responsibility, should an order of a domain fail.

7.1.7 Please be referred to the applicable rules for individual top-level domains, as well as the terms of any other third party providers.

7.2 Domain renewal

7.2.1. Renewal of domain names are to be made through the customer's control panel at Simply.com. If automatic renewal is not activated, the customer will receive a reminder about renewal before the expiration of the domain. It is in all cases the customer's own responsibility to ensure timely renewal of his/her domains.

7.2.2 If the customer does not renew his/her domain on time, it will normally be quarantined (redemption) by the relevant registry. Should the customer wish to renew the domain while it is quarantined, the registry in question may impose a fee on the renewal, in which case Simply.com will pass on the fee to the customer.

7.2.3 The customer can freely choose whether renewal of .dk-domains should be made through Simply.com or DK Hostmaster, however, DK Hostmaster has decided that renewal of .dk-domains through Simply.com is only possible up to one month before domain expiration at DK Hostmaster.

7.2.4 As part of the procedure for renewal of .dk-domains, specified by DK Hostmaster, it is, as a prerequisite for the domain renewal to take place, imposed upon Simply.com to briefly and temporarily assume the part of the payer on a .dk domain before execution of the domain renewal. Immediately after renewal of the .dk-domain has been completed, the part of the payer is returned to the registrant of the domain listed at DK Hostmaster.

7.3 Domain disputes

7.3.1 Disputes about .dk domains must be settled by Domæneklagenævnet.

7.3.2 Disputes about other top-level domains must be settled via ICANN's UDRP Administrative Procedure.

8 Responsibility of the customer

8.1 General

8.1.1 The customer is obligated to maintain good practice and order when using Simply.com's network and servers. Good practice and order means in a broad sense that the customer is not permitted to use Simply.com's services to break Danish law or in any way harass other businesses or private individuals. If the customer is unsure of whether an action on the Solution is permitted, it is the customer's responsibility to contact Simply.com and inquire on the matter.

8.2 Master data and permissions

8.2.1 The customer is obligated to keep his/her master data updated in relation to Simply.com, so that address information, contact information, and billing information are valid at all times. Master data can be maintained through the customer's control panel.

8.2.2 The customer agrees to obey all applicable laws and rules in connection to the customer's business. The customer likewise agrees, that Simply.com exerts no control over the content of the information the customer sends out from the Solution, and that it is solely the customer's responsibility to ensure, that the data the customer sends and receives complies with all applicable laws and rules.

8.2.3 The customer is obligated to acquire all necessary permissions and approvals from any relevant public authority, which is applicable for the installation, use, and ownership of the Solution which is provided by Simply.com.

9 Handling of illegal or infringing content

9.1 Simply.com's response options

9.1.1 As hosting provider, Simply.com makes available a Solution, which enables the customer to store and convey his/her data. In general the customer's data and the Solution itself is at the customer's free disposal, and the customer has the full responsibility to ensure that there is no content on the Solution, which is either unlawful or infringing the rights of a third party.

9.1.2 If a customer stores, makes public, or links to texts, images, film clips, sound files, or any kind of information, which Simply.com with a reasonable degree of certainty can asses to be illegal or in violation of the rights of a third party, Simply.com reserves the right to - without notice - suspend the customer's solution without becoming liable for any loss the customer might suffer as a consequence of the suspension.

9.1.3 The above is equally applicable if Simply.com assesses that the content on a customer's Solution is of an infringing character or may seem offensive.

9.2 Inquiries from a third party

9.2.1 Should Simply.com be contacted by a third party, who indicates that there is unlawful content on a customer's Solution, Simply.com will inform the customer in question about this contact.

9.2.2 To ensure liability, Simply.com is obligated to asses whether the content in question is unlawful or in violation of the rights of a third party (Danish e-commerce law §16). In this assessment Simply.com will as far as possible claim and acquire relevant legal documentation, such as court order, a court ruling or proof of ownership of rights. Should Simply.com in such a case with a reasonable degree of probability be able to conclude, that a customer's Solution holds content which is unlawful or in violation of documented rights, Simply.com is entitled to - without warning - suspend the concerned customer's Solution, without being liable for any loss the customer might suffer as a result of the suspension.

10 Simply.com's rights

10.1 Simply.com always reserves the right to suspend a customer's solution, if the customer has violated the present Terms. In that case, Simply.com will send a written statement explaining the cause for the suspension as well reference to any condition that has been violated. Disturbance and deterioration of Simply.com's operations and customers is considered abuse of the Solution. This can at any time lead to suspension and cancellation of the Solution. Simply.com is in all regards supreme in the definition of the word abuse.

10.2 Simply.com reserves the right to cancel a customer's active Solution with 30 days written notice. In cases where the customer has remaining prepaid period, which is interrupted as a result of Simply.com's cancellation, the customer is entitled to a refund of the amount corresponding to the price of the cancelled part of the prepaid period.

11 Simply.com's responsibility

11.1 Simply.com is not liable for loss suffered as a result of indirect or sequential damages, including loss of expected profit, loss of data or the restoration hereof, loss of goodwill, loss connected to payment transfers, technical breakdowns, unauthorized access, incorrect setup of the website, or similar sequential damages in connection with the usage of the system or loss as a result of functions lacking in the system, regardless of whether Simply.com has been notified about the possibility for such a loss, and regardless of whether Simply.com can be blamed for the loss on the basis of negligence or similar.

11.2 Simply.com seeks to ensure that the systems are available 24 hours a day, all year round. However, Simply.com is entitled to interrupt operations whenever maintenance or other technical conditions make it necessary. Notice about such interruptions will as far as possible be given beforehand.

12 Compensation

12.1 The Parties are liable to pay for damages according to the ordinary rules of Danish law. The amount will be limited to the price of the Solution.

12.2 Simply.com is not responsible for the following types of loss:

13 Force majeure

13.1 None of the Parties must in accordance with the agreement be held responsible by the opposing Party with regards to circumstances which are beyond the Party's control, and which the Party ought not have taken into consideration, nor have avoided or brought to order upon signing the contract .

13.2 Force majeure can only be pleaded if the Party in question has supplied a written announcement hereof to the opposing Party no later than 5 work days after the force majeure situation has begun.

13.3 Cases of force majeure can be lightning strike, floods, natural disasters, failing power supplies, failing telecommunications, fire, smoke damage, explosion, water damage, lack of or delayed approval from relevant authorities, government intervention, vandalism, break-ins, terrorism, sabotage, armed conflict, rebellion, stoppage, strike and lockout, including strike and lockout among Simply.com's own associates and any subcontractors. The above applies even if Simply.com takes part in the conflict, and even if the conflict only concerns parts of Simply.com's functions.

14 Resale

14.1 If an order is made with the intent of reselling, it is required that the final customer is notified of Simply.com's part as supplier. It is recommended by Simply.com that the customer relationship is established between the final customer and Simply.com.

14.2 It is not permitted for a customer to resell Simply.com's products in his/her own name, if this results in the customer pursuing rivaling business against Simply.com.

15 Transfer of rights

15.1 The Parties are mutually entitled to transfer all rights and obligations according to the agreement, including the rights to use the delivered services, wholly or partially to the group affiliated companies, under the prerequisite that the other Party is notified hereof in writing no later than 1 month ahead of the transfer. The transfer may not leave any Party in a poorer state economically or commercially than they were in before the transfer.

15.2 Simply.com cannot transfer its rights and obligations according to the transfer to a third party without the customer's written consent. The customer cannot refuse to submit consent without objective reason.

16 Rights of cancellation

16.1 Upon order of a domain, a product, which is specially customized for the customer, is delivered. The customer accepts, that Simply.com begins the order immediately after the payment is registered, and that the regular rights of cancellation in Forbrugeraftalelovens (Danish consumer law) §18, 1, ceases on registration of the service under the same law's §18,2, no. 3. Neither business customers or consumers can thus cancel the order of a domain, and will therefore not receive a refund for a mistakenly ordered domain.

16.2 On order of a webspace, a cancellation right of 14 days apply.

16.3 All Subscriptions Agreements af billed in advance for periods of 12 months. Cancellation of a Subscription Agreement happens automatically if the agreement is not prolonged by the customer.

16.4 Once payment for a Solution has been registered, mistakenly ordered periods or remaining periods will as a general rule not be refunded.

17 Processing of personal data

17.1 As a part of Simply.com's delivery of the Solution, Simply.com processes any personal data which the customer entrusts Simply.com with. The terms for this processing is regulated by a Data Processing Agreement entered into by the Parties. The customer can acquire and enter into Simply.com's Data Processing Agreement by way of the customer's control panel.

17.2 Simply.com is obligated to make the necessary technical and organisational safety measures to prevent that the customer's information, by accident or illegally, is destroyed, lost, or damaged, as well as to prevent that they are transmitted to unauthorized persons.

18 Confidentiality

18.1 The Parties commit themselves to process all information on one another confidentially. Furthermore, the Parties commit themselves not to pass on such confidential information to a third party without written permission from the opposing Party, and to only use confidential information to the purpose described in the agreement.

18.2 Classified information is understood as any information about the Parties' businesses, including the Parties' partners or business relations, about which the Parties have acquired knowledge through their trade with one another, with the exception of information made public by the Parties.

18.3 The Parties are entitled to pass on information about the opposite Party to the authorities in order to fulfill legal obligations. The opposite Party is obligated to hand over as little confidential information as possible without, however, in any way circumventing the requirements of the authorities.

18.4 The obligation of confidentiality applies after the cessation of the Parties contractual relationship as well.

19 Trade with foreign businesses

19.1 On trade with businesses in the EU, where Simply.com does not charge VAT, the customer is always obligated to submit a valid VAT number to Simply.com. Simply.com is obligated by law to submit lists of foreign sales to the Danish authorities. If Simply.com is charged for the settlement of VAT as a consequence of a VAT number being invalid or incorrectly submitted, Simply.com reserves the right to bill the customer for this expense.

20 Venue

20.1 Present Terms are to be interpreted in accordance with Danish law.

20.2 The Parties commit themselves to attempt, through negotiation, to find an amicable solution to conflicts, and to strive to achieve this in such a way that the production and other services of the Parties does not suffer from this.

20.3 In the want of an amicable solution after negotiation, the case must be settled with final binding authority by arbitration according to the rules of Det Danske Voldgiftsinstitut or by a Danish court of Simply.com's choosing.

21 Contact

21.1 Simply.com offers free and unlimited support through our online support-system on www.simply.com/support.

21.2 If the customer wishes to submit a complaint to Simply.com, he/she can do so through Simply.com's online support-system.