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Agreement
GENERAL CONDITIONS
for the use of vatservice.info
owned by vatserviceinfo aps, company reg. no.
32096832
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The following conditions shall apply where no
other written agreement has been made between vatservice.info
aps and the user. These conditions shall apply whether they have
been communicated to the user in connection with a specific
agreement or in any other way. The user will not be permitted
access to vatservice.info until he has confirmed his
subscription via e-mail, whereby he also confirms having read
and accepted these general conditions.
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| 1. |
Access to and use of vatservice.info
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| 1.1. |
The user may access and use the vatservice.info VAT refund information service as soon as the
user has subscribed to this service and confirmed the
subscription via e-mail, and vatservice.info has received
payment for this service.
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| 2. |
Delivery time and
delays
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| 2.1. |
Any delivery time stated is an
approximate estimate and is subject to the proviso that there is
no access via the Internet or the vatservice.info website for
technical, system-related or other reasons is out of service.
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| 2.2. |
vatservice.info is entitled to postpone
the user's access to the website where this is warranted by
circumstances beyond vatservice.info's control, cf. "force
majeure" below. |
| 2.3. |
Subject to 2.2 above, the user shall be
entitled to cancel the agreement if the specified delivery time
is exceeded significantly; however, delayed access shall not
entitle the user to claim damages for direct or indirect loss,
regardless of the cause of the delay, including negligence on
the part of vatservice.info.
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| 3. |
Force majeure
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| 3.1. |
vatservice.info shall be entitled to
cancel orders or postpone the execution of orders, and
vatservice.info ApS shall not be liable for failure to provide
access to the vatservice.info website or for partial or delayed
access to the vatservice.info website, which is fully or
partially due to circumstances beyond vatservice.info's control,
such as riot, civil unrest, war, fire, rules and regulations,
strike, lock-out, slow-down, technical problems, system
problems, failure of suppliers to deliver, accidents or power
shortages.
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| 3.2. |
In such cases, all
rights of the user shall be suspended or annulled.
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| 3.3. |
Termination or postponement of access to vatservice.info shall not entitle the user to claim damages for
direct or indirect loss or make any other claims against
vatservice.info aps.
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| 4. |
Complaints etc.
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| 4.1. |
The user shall immediately inform vatservice.info of any access problems to the vatservice.info
website. Complaints shall be submitted in writing to
vatservice.info immediately upon detection of any problems.
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| 5. |
Product liability
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| 5.1. |
Through its website vatservice.info
exclusively offers access to information about VAT refund
opportunities from the countries listed on the website.
Vatservice.info aps assumes no liability for applications
completed by users, including any errors or omissions that may
arise in connection with the user's completion of applications,
for any refusal of applications in whole or in part, for any
letters and documents submitted or for any other kind of
communication.
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| 5.2. |
vatservice.info strives to keep the
website updated at all times but in view of the constant changes
in legislation and practice vatservice.info assumes no legal
obligation in this respect. vatservice.info disclaims liability
for any incorrect information resulting from failure to update
the website or missing/erroneous information about current rules
originating directly or indirectly from a third party.
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| 5.3. |
vatservice.info is not liable for any
damage to IT systems, PCs, software or any other kind of IT or
PC-related products and services.
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| 5.4. |
vatservice.info is not liable for
business interruptions, loss of earnings or any other kind of
indirect loss.
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| 5.5. |
Where vatservice.info incurs product
liability against a third party the user shall indemnify
vatservice.info to the extent that vatservice.info's liability
is limited under the four preceding articles. The user shall
accept that an action is brought against him at the court of law
hearing the product liability case against vatservice.info.
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| 5.6. |
If a third party
makes a claim against either party for damages in accordance
with the above, said party shall immediately inform the other
party.
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| 6. |
Prices
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| 6.1. |
User shall pay the agreed prices
applicable at any time for access, subscription and other
services (cf. the enclosed price list and confirmation of prices
via e-mail). Unless otherwise agreed, the user shall pay for
access and subscription before being permitted access to vatservice.info. Access will normally be provided within two
working days of receipt of payment.
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| 6.2. |
All invoices will
be sent as e-mail attachments.
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| 6.3. |
vatservice.info is entitled to change
prices by giving three months' notice via e-mail to all existing
customers. Price changes may be due to internal decisions made
by vatservice.info on price increases or changes, general price
trends or other circumstances beyond vatservice.info's control.
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| 7. |
Payment
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| 7.1. |
vatservice.info's terms of payment are
cash on receipt of invoice, unless otherwise agreed.
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| 7.2. |
In case of late payment, vatservice.info
is entitled to charge interest from the date of the invoice.
Interest shall be charged at a rate of minimum 1.5% per month or
fraction of a month but will increase if market interest rates
go up. In addition, vatservice.info may claim compensation for
reminders, collection fees and other expenses related to
collection of amounts due. Any complaints about errors or
omissions shall not release the user from his obligation to
effect payment on time.
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| 7.3. |
vatservice.info is entitled to charge
DKK 100.00 for reminders.
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| 8. |
Ownership
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| 8.1. |
vatservice.info aps is the owner of the
website and the user does not acquire any ownership under this
agreement. The user may not sell, pledge or otherwise dispose of
the website or part of it in such a way that the ownership of
vatservice.info can be questioned or disputed.
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| 8.2. |
Subject to the user's right of use, vatservice.info aps is entitled to sell the website and transfer
all rights as website owner to a third party.
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| 8.3. |
The user solemnly
declares that he will not transfer his right of use to any third
party.
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| 9. |
Term and
termination
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| 9.1. |
A subscription can
be made for a period of minimum one calendar year. This
agreement shall be terminable by giving 6 months' prior written
notice to expire on 31 December. For example, if notice of
termination is given by 30 June 2007, this agreement expires on
31 December 2007. If notice of termination is given later than
this date, the user is bound by this agreement until the end of
2008, etc.
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| 9.2. |
vatservice.info may also terminate this
agreement by giving 6 months' prior written notice to expire at
the end of a calendar year.
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| 10. |
User declaration
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| 10.1. |
The user declares
that he is of full legal capacity, not in suspension of payments
and not in liquidation or bankruptcy. The user agrees to fully
comply with this agreement, the content of which he has read and
accepted, and a copy of which he has printed out at the time of
subscribing.
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| 11. |
Partial invalidity
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| 11.1. |
If any provision or
provisions of this agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or
impaired thereby.
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| 12. |
Limitation of
claims
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| 12.1. |
No claim, regardless of form or cause,
which in any way arises out of services provided by vatservice.info aps, may be made by either party more than one
year after the reason for the claim arose.
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| 12.2. |
However, the period of limitation for vatservice.info's claim for payment of services provided shall
be subject to Danish legislation on limitation.
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| 13. |
Deviations
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| 13.1. |
No deviations from
the above provisions shall be valid unless expressly agreed in
writing between the parties.
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| 14. |
Disputes
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| 14.1. |
Any disputes relating to the business
relations between the user and vatservice.info aps and all
matters related thereto, regardless of the size of the claim,
shall be settled by the court of Aabenraa, Denmark, as the court
of first instance, and this agreement shall be governed and
construed in accordance with the laws of Denmark. |
