Sales and delivery terms applicable on July 1, 2017 for legal entity and brand CloudNordic ApS, VAT number DK38706993, hereinafter referred to as CloudNordic.
1. Definitions
1.1 CloudNordic ApS’s current sales and delivery terms, products, services and prices can be found at the company’s website at https://www.cloudnordic.com.
1.2 For these words, the following definitions are given:
“Registrant” means the person or organization that has registered a domain name.
“Customer” means the person listed as the product owner in CloudNordic’s systems.
By “TLD” is meant the Top Level Domain (top domain level, .dk, .com, .net, .nu examples). gTLD means generic TLD (.com, .net, .org are examples of this). ccTLD means country code (country code) TLD (.dk, .it, .se are examples of this).
“Domain” means the alphanumeric address used to point to a device that is connected to a network, such as the Internet. A domain can consist of one or more levels below the TLD.
By “RFC” is meant Request for Comments. Document collection started in 1969, where anyone can publish approved articles on technical aspects of the internet and related areas. RFC is a contribution to the development of standards for the internet. The RFC must be approved by the Internet Engineering Task Force (IETF, http://www.ietf.org), the official RFC editor.
By “DNS” is meant an abbreviation for the Domain Name System, which is based on a hierarchical and distributed domain name management and IP addresses for communication on the IP-based network, the Internet. The structure ensures a functional system and that domain names are unique and universally available, according to RFC 1034 and RFC 1035.
“Zone File” means a file of data describing the domain name’s technical setup. The information contained in zone files is required for a domain name to work in DNS, according to RFC 1035.
“Registrar” means the person or entity that has contractual liability to the registry in accordance with domain registration. The registrar is responsible for collecting information about the registrant and sending the zone file to the registry database.
By “registry” is meant the respective TLD responsible body which has been assigned the overall responsibility for administering and managing the TLDs to which it has been assigned.
“WHOIS” means a publicly available internet-based database that contains ownership and contact information associated with a domain name.
“Traffic” means data traffic consumed in the delivery of data to and / or from a device connected to a network, such as the Internet.
“Free traffic” means that no traffic is charged for the product.
Warehousing means registration of domain names or domain names for the purpose of reselling these for profit.
“Product” means: Web sites, domains, server solutions, and other related services or products found in the CloudNordic product range.
By “ICANN” is meant “Internet Corporation For Assigned Names and Numbers”. The administrative body of all TLDs. Can be found at http://www.icann.org.
By “hosted-by-page” is meant a web page whose content is governed and determined by CloudNordic.
By “UDRP” is meant “Uniform Domain Name Dispute Resolution Policy”. This can be found at any time at: http://www.icann.org/dndr/udrp/policy.htm.
“Tribal information” means information about personal name, company name, address, telephone number, e-mail address (s), fax number, CVR / CPR number and other contact information.
2. The parties
2.1 This agreement is concluded between CloudNordic and the customer.
3. In general
3.1 This agreement enters into force, as the customer or a representative on behalf of the Customer sends an order to CloudNordic.
3.2 Products and services provided by CloudNordic, which have not been used or not paid for, may and may be used by CloudNordic for a hosted by page, unless otherwise agreed in writing between the parties.
3.3 CloudNordic has the right to demand the registration and / or customer identification required by CloudNordic or the supplier before a change of product is made.
3.4 Missing customer feedback on CloudNordic requests can be considered a breach of agreement.
3.5 CloudNordic is entitled to temporarily suspend access to any service associated with this agreement for maintenance or other service in connection with the maintenance of the customer’s product, if deemed necessary. However, CloudNordic should try to make this as far as possible at times that are at the least possible for all parties. CloudNordic must try to resolve this as soon as possible. It is alone CloudNordic that determines whether maintenance or other service related maintenance is required.
3.6 If parts of these terms are declared void, the remaining part of the terms will still be binding.
3.7 Subject to changes to these terms and conditions. CloudNordic can unilaterally change these conditions. Changes to the agreement will be valid 30 days after publication on CloudNordic’s website. At the time of payment of the invoice, the conditions at the time of payment are approved at the same time.
3.8 The Customer agrees that the production of the product takes place immediately upon Customer’s order.
3.9 As production of the product is carried out at the time of ordering or as soon as possible there is no right of withdrawal for any products unless specifically specified. There can never be a right of cancellation on domains, as CloudNordic’s expense is binding upon ordering.
4. Product
4.1 No unwanted mail (SPAM) or other generally unwanted material from CloudNordic’s systems may be sent. Any use of CloudNordic’s products and services must comply with CloudNordic’s Code of Ethics.
4.2 In violation of the Terms, CloudNordic is entitled to delete the material immediately, without delay, suspend the product and, in a serious case, close the product. Any remaining subscription period will not be reimbursed. If transferred data in connection with a product that includes free traffic does not comply with CloudNordic’s guidelines for free traffic, payment may be charged for the transferred traffic.
4.3 CloudNordic reserves full ownership of delivered goods until the total due amount is paid, including CloudNordic.
5. Subscription
5.1 In order to subscribe, you must be official.
5.2 CloudNordic reserves the right to refuse orders or refuse to renew a subscription and is not required to provide reasons for this.
5.3 The Customer is obliged to keep CloudNordic informed of its current stock information through the systems provided by CloudNordic to the Customer. Full and valid postal address is required and information about a mailbox is not sufficient. Failure to report change of address may cause the product to be suspended and closed with the resulting charges, according to CloudNordic’s current prices, as stated on the company’s website.
5.4 CloudNordic is entitled to terminate a subscription with one month’s notice. If any of these terms have been breached, CloudNordic is entitled to terminate the subscription with immediate effect. Any remaining period of closure of a product will not be refunded unless the product is terminated by CloudNordic and it is subsequently documented that there has been no breach of the terms.
5.5 The subscription period for the selected product is decided by the customer at the time of the sale and may subsequently be changed within the available subscription periods for the product, but no later than 30 days before the end of the subscription period, for activation at the renewal of the subscription.
5.6 Product changes for the next subscription period must be received by CloudNordic within 30 days prior to the expiry of the current subscription period. For immediate product changes, if: Change the product to a more expensive product, the amount will be charged immediately. If the product is changed at a cheaper price, the price difference for the current subscription period will not be reimbursed. The product will automatically be renewed on expiration, unless notice is received no later than 30 days before expiration. Domains must be terminated within 60 days before expiration.
5.7 Subscription Type
5.7.1 Private subscriptions: A valid date of birth is required. Terminations must be made in writing to CloudNordic, indicating which products are the date of termination and valid signature. In case of late termination, at least the minimum subscription period for the product concerned will be charged, according to CloudNordic’s current prices.
5.7.2 Business subscriptions: A valid CVR number is required. In order to protect the customer from abuse / hacking / cracking, terminations are made solely by giving the user username and password, after which CloudNordic sends notice papers to the customer. This termination document is approved and returned to CloudNordic with valid signature, after which the termination is effected. In case of late termination, there will be billed for the current subscription period.
6. Domains
6.1 CloudNordic is not and can not be held responsible if a desired domain name can not be registered.
6.2 Most domains are registered under the ‘first come first served’ principle. CloudNordic can not be held liable for any delays in the order and can not be held liable for a domain to be registered to another site.
6.3 Information found through CloudNordic’s WHOIS check is retrieved via the respective registry’s WHOIS database or at CloudNordic’s top domain provider. It is therefore not CloudNordic’s responsibility that this information is correct or up to date.
6.4 CloudNordic is not responsible for the registration and use of domain names for illegal purposes and can not be held liable for the domain to be terminated by the current registry or transferred to others.
6.5 Should the customer’s and / or registrant’s root information in CloudNordic’s systems be incorrect, CloudNordic may choose to refrain from renewing the domain if these are not updated within 60 days prior to the expiration date of the domain.
6.6 The Registrar shall at all times comply with any ICANN and / or Registry rule regarding restrictions or prohibitions on warehousing.
6.7 Some registrys require the registrant to sign a paper before the domain can be deleted. This must be done by the registrant and must be made in connection with a possible termination of the CloudNordic domain. In this case, the termination will not be valid until this paper is in the hands of CloudNordic.
6.8 In cases where the customer withholds payment for the domain name or in cases where payment is withdrawn, CloudNordic has the right to disable the domain and transfer ownership of the domain to CloudNordic. Should the original registrant wish to have the domain returned, this will cost a consultancy time plus 2 times the price for a domain transfer of the respective type, according to CloudNordic price list, which must be paid before CloudNordic commences a transfer back to the original registrant.
6.9 The registrant of one or more gTLDs will not be able to move domains to another registrar until 60 days have elapsed from the date of creation and then solely through the procedures provided by CloudNordic. This rule may also apply to certain ccTLDs. Request to move a domain to another registrar will only be met if this happens via the CloudNordic methods. CloudNordic has the right to reject redelations until all outstanding payments for the domain are settled. CloudNordic has the right to reject redemptions in the event that the customer has gone bankrupt.
6.10 Breach of rules referred to in these terms will be interpreted as breach of contract and may result in the detention of the registrant’s domain name.
6.11 According to ICANN rules, any registrant must comply with the current UDRP.
6.12 Under the ICANN Rules, any registrant shall harm the administrators, employees, directors, board members and representatives of the Registry in damages in respect of any damages and expenses arising from this Agreement.
6.13 According to ICANN rules, any registrant shall disclose the appropriate root information at any time. Lack of feedback and disclosure to CloudNordic, registry, or registrar of correct root information within 10 days after these CloudNordic registry or registry has been requested may result in closing of the domain.
6.14 CloudNordic has the right to suspend all changes until the registrant has demonstrated that the change is warranted.
6.15 If the registration of the product has been made through a third party or customer representative, CloudNordic reserves the right to consult the end customer to ensure that its requirements are met correctly.
6.16 As a registrant, you are required to comply with the domain registry of the domain in question. The rules for the respective ccTLDs can be found on the register’s website. The list of ccTLD registrys can be found at: https://www.iana.org/domains/root/db.
6.17 By entering into this agreement, the Customer accepts UDRP adopted by ICANN or any other set of rules prescribed by the relevant ccTLDs registry.
7. Responsibility
7.1 CloudNordic’s responsibility
7.1.1 CloudNordic’s responsibility as registrar is to submit zone file to registry for that domain.
7.1.2 CloudNordic is not responsible for third party services not existing or not functioning. CloudNordic can not be held liable for any errors or omissions that arise from our setup as other providers. CloudNordic is not required to adhere to specific uptime for any Customers unless separate agreement has been made with one or more named Customers. CloudNordic is under no circumstances responsible for the Customer’s direct or indirect loss of profit, loss of service, loss of time or other loss caused by errors or omissions of CloudNordic’s products, such as, but not exhaustive, may cause: loss of data, security issues, reduced uptime or spam.
7.1.3 Any change of products under this agreement shall be by mail or e-mail. It is CloudNordic’s responsibility to ensure that the customer is informed of the necessary information.
7.1.4 CloudNordic is not responsible for the content of the customer and does not impose any requirements or restrictions other than those described in these terms for the content of the website. The content must of course follow the laws of Denmark in Denmark and under Danish jurisdiction. CloudNordic does not judge the client’s content, but referring to the country’s legal authorities, a dispute about this would arise.
7.2 Customer Responsibility
7.2.1 The Customer is fully responsible for the use of the Product, even if the third party abuses the Customer’s username and password or otherwise accesses the Customer’s Product and / or Data. The product may not be used to gain unauthorized access to CloudNordic’s or third party systems.
7.2.2 The Customer is responsible for the obligations imposed on the Customer under this Agreement, even if the Customer chooses to license the product or share it to third parties or by acting on behalf of a representative.
7.2.3 It is the customer’s sole responsibility to connect to the Internet and CloudNordic can not be held liable for any problems. The customer is fully responsible for continuous updating and maintenance of code and data, as well as backup of these. For certain products, a static IP address at the customer is a requirement, which CloudNordic has no responsibility, since the operation and maintenance of this happens to the customer himself.
7.2.4 The Customer is obliged to observe silence regarding the circumstances whose confidentiality is by nature required or prescribed by CloudNordic. Confidentiality does not end with any termination of subscription with CloudNordic. All material produced by CloudNordic is perceived as having a working height.
7.2.5 In cases where the customer outsources the domain to third parties, the customer will still be accountable to CloudNordic with, but not excluded, incorrectly.
8. Payment terms
8.1 Exceeding payment terms entail interest rate cancellation under the Interest Act, as well as the sending of returns. Upon shipment (s), a fee is charged according to CloudNordic’s price list. The fee is fixed in accordance with the Consumer Appeals Board’s decision.
8.2 CloudNordic reserves the right at any time to change the prices associated with domain renewal and domain changes, however, all prices must be disclosed on CloudNordic’s website at any time. The registrant can contact CloudNordic at any time for the current prices.
8.3 In case of non payment payment, notification may be made to the credit information agency after which the claim is transferred to legal collection.
8.4 It is the responsibility of cardholder / customer / payer to pay any transaction fees for the chosen form of payment other than the invoice amount.
9. Customer information
9.1 In addition to the parties mentioned in these terms, CloudNordic does not disclose information to third parties without the registrant / customer’s permission, unless there is a legal decision to do so.
9.2 The Customer agrees that tribal information is sent to the Registry Administrator for use in the publicly available WHOIS database as required by ICANN.
9.3 All tribal information given to CloudNordic by the customer or by the customer’s representative (s) will be disclosed to the registry and / or registrar for use in the WHOIS database.
9.4 The Customer agrees that CloudNordic delivers customer information to software vendors, through which CloudNordic leases software according to the Software Provider’s license rules.
9.5 It is the responsibility of the customer or his representative that all root information given to CloudNordic in connection with registration is accepted and approved by the person (s) / company (s) to which the data belongs.
9.6 CloudNordic will take all reasonable precautions to protect against abuse of personal data.
10. Licensing
10.1 It is the responsibility of the customer that all stored or installed software is licensed and that its use is in accordance with the licensor’s rules.
10.2 Some products include licensed software products where CloudNordic stands for licensing. The customer is obliged to comply with the applicable license rules for the product. These licensing rules can be found on the company’s website and the customer will be specifically aware of these when purchasing licensed products.
11. Disputes
11.1 In the event of any discrepancies between the parties regarding these Terms and Conditions, CloudNordic shall, within a reasonable period of time, inform the Customer in which they exist, provided that the Customer has requested this by e-mail or letter.
12. Force Majeure
12.1. None of the Parties are bound by this Agreement when the following circumstances arise after the conclusion of the Agreement and prevent or suspend the performance of the Agreement: war and mobilization, rebellion and unrest, natural disasters, strikes and lockouts, product shortages and shortcomings or delays in deliveries from subcontractors, fire, lack of transportation options, currency restrictions, import and export restrictions, deaths, illness or retrenchment of key persons, computer viruses or other circumstances beyond which the party is not masters.
13. Law choice & venue
13.1 All disputes between the customer and CloudNordic in relation to these conditions or the product shall be settled at the Copenhagen City Council under applicable Danish law and Danish jurisdiction.
We understand the fundamental importance of privacy, data protection, and security. We take your privacy seriously and are committed to safeguarding your personal data.
This Privacy Policy (“Policy”) informs you how CloudNordic ApS, and/or it’s parent and/or sister companies, subsidiaries (collectively “we”, “us” or “our”), collect, process, transfer and protect personal data.
In this Policy, “personal data” means any information which on its own or combined with other information relates to and identifies (directly or indirectly) a living individual.
This Policy applies to all CloudNordic ApS, parent and sister companies as well as our websites, domains, services, applications, and products.
This Policy does not apply to third-party applications, websites, products, services or social media platforms that may be accessed through links that we provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices.
Any personal data that you provide to these websites will be governed by the third party’s own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites.
Data collection consists of different ways of providing and obtaining data, whether it is granted by writing or acceptance of website cookies.
When you interact with us in any form or action online, we may collect and process personal data from your online activity, your use of devices, products or services.
This data can be used to help you set up an account, deliver products or services to you or improve the way we or our products work with you.
This data may include:
Account information such as your name, title, date of birth, gender, company, profile photo, email address, mailing address and phone number.
Payment information such as your billing address, credit card, debit card or other payment method.
Other information such as your occupation, employment details, academic institution details and residential address.
When you visit our website(s) we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer) or similar technology which we can access when you visit our website(s) in future.
We also process information when you use our services. This information includes IP addresses, possible login information, device IDs, time stamps, authentication records, location information, carrier service used, signal strength, the origin, destination, type and quantity of traffic passed and other operational data.
We may receive your personal data from third parties such as social network platforms, partners and other sources.
This information is not collected by us, but by a third party and is subject to the relevant third party’s own separate privacy and data collection policies. We do not have any control or input on how your personal data is handled by third parties, so if you have any questions you should contact the relevant third party for further information about your personal data.
We collect and use personal data about you with your consent to provide, maintain, and develop our products and services and understand how to improve them.
Provide, Develop, and Improve our Products and Services
Deliver, maintain, debug and improve our products and services;
Enable you to access our services and/or set up accounts;
Provide cloud services and tools to enable you to create and deploy commercial, standards-based
IoT solutions;
Host discussions, blogs and information to encourage knowledge sharing and effective collaboration;
Enable you to access the or register on our content and services websites;
Activate, administer and monitor software tools;
Provide you with technical and customer support; and
Allow you to enroll in educational courses or training schemes about our products and services.
Build a Safe and Secure Environment
Verify or authenticate your identity; and
Investigate and prevent security incidents such as breaches, attacks and hacks.
Organize and Deliver Advertising and Marketing
Aggregate your information in an anonymized form to generate usage statistics;
Display content and advertising, including third-party advertising, that we believe might be of interest to you;
Send you newsletters and other marketing communications about current and future products, programs and services, events, competitions, surveys and promotions held by us or hosted on our behalf; and
Organize events or register attendees and schedule meetings for events.
We store and process data on servers in the European Economic Area (EEA) in datacenters in Denmark. We will not at any time move data and transfer such to be processed in regions including North America, Africa and Asia Pacific or any other place in the world, unless that happens without our knowledge and/or your written consent.
Laws protecting your personal data may be different to the place where you live, when you make use of our services, as we are based in Denmark under Danish and European Union Law.
We will take appropriate steps to ensure that your personal data is treated securely and in accordance with this Privacy Policy as well as applicable European data protection law.
Where we process your personal data to provide a product or service, we do so because it is necessary to perform contractual obligations.
All of the below processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. We will also seek your consent to send you direct marketing.
We will share your personal data with third parties only in the ways set out in this Policy or set out at the point when the personal data is collected. We consider your personal data to be a vital part of our relationship with you. We do not sell your personal data to third parties, including to third-party advertisers.
We may share your information across the entire corporate group in order to provide, maintain and develop our products and services.
For example, if you are based outside Denmark, then we may need to share your personal data with our sister companies in Denmark, in order to provide our services to you. However, we will not do this without your general written consent.
We may use or disclose your personal data in order to comply with a legal obligation across the European Union, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure. ‘
We use a variety of third party service providers, independent contractors, agencies, approved distributors and consultants to deliver and help us improve our products and services. These Service providers may be within or located outside the European Union.
We will however not share your personal data with marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others but only maintain and improve our own products and services, as we do not plan to or by intent place any data on a foreign service providers technical equipment.
We may collate your personal data you provide to us or we collect and use it anonymously for analytics, benchmarking and to effectively monitor the website and improve your user experience.
However, we will not share this information with any outside party, unless we have your prior written consent.
We are constantly deploying and updating our technical and organizational security measures to protect against loss, misuse or alteration of personal data that we have collected or received from a third party.
To the extent permitted by law, we may review, scan or analyze communications for fraud prevention, investigation, regulatory compliance, risk assessment, research, product development, and customer support purposes.
We make use of industry-standard encryption technologies, when transferring and receiving personal data, and network access control technology to limit access to the systems on which personal data is stored, and we monitor for possible vulnerabilities and attacks.
If you become aware that there has been a breach in security of any of the personal data, that we store or that is stored by our third-party service providers, please contact us via the instructions provided in the Contact Us section below.
We will only retain your personal data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need personal data, we will remove it from our systems and/or take steps to anonymize it.
You have the following rights (if applicable):
Access
You have the right to request a copy of the personal data we are processing about you.
Rectification
You have the right to have incomplete or inaccurate personal data that we process about you rectified.
Deletion
You have the right to request that we delete personal data that we process about you, except when we are not obliged to do so, if we need to retain such data, in order to comply with a legal obligation or to establish, exercise or defend legal claims.
Restriction
You have the right to restrict our processing of your personal data where you believe such data to be inaccurate; our processing is unlawful; or if we no longer need to process such data for a particular purpose, unless we are not able to delete the data, due to a legal or other obligation, or because you do not wish us to delete it.
Portability
You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you.
Objection
Where the legal justification for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
Withdrawing Consent
If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us here.
You can make a request to exercise any of these rights in relation to your personal data by sending the request by mail to us, using the contact address stated below.
However, for your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.
We will not knowingly collect personal data from children under the age of 16 years.
We may modify this Privacy Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy on our website.
If you have any questions pertaining to our Privacy Policy, please do not hesitate to contact us at the following address;
CloudNordic ApS
Herstedvang 8
DK-2620 Albertslund
Denmark
Phone: +45-70 23 00 45
E-mail: support[at]cloudnordic.com
You are also welcome to contact us using our online formula here.
Our website aims to inform about our activities, including both commercially and socially. As you visit our website and the information we offer online, you are subject to the following conditions.
The content on the site is written with information activities in mind, which means that the purpose of the information is located on our website, made exclusively with information in mind, including not either violating or diskrimere third person.
It is not our purpose to pass or present information with advice in mind, but simply inform our visitors about our methodology, processes, procedures, plans, policies and mindsets, both technically and practically.
The information you find on our website are owned by us, if not stipulated differently, and may not be re-used or copied in any form without our written approval.
If we receive a query or comment on and / or on our website and / or content that end, we will treat this with confidentiality and care, which means that it will not be disclosed to any third party without prior detailed written approval of this.
We offer on the website shortcut to external websites via one or more links to those. As in the case of external calls to other websites, we can not guarantee that these will answer and show content, as we typically do not make operation of these websites.
Below we can and will not guarantee that a website visitor who chooses to click on an external link, can not or will be exposed to viruses, hacking or other form of attacks on their computer.
We give no guarantees for the choice and use of external links on our site, including attacks from or operational uptime for same possible issues.
We disclaim any liability for compensation for any loss or damage that a visitor might face as a result of the use of information from our website or a link located on them.
We will in no case be held responsible for lost data, virus, consequential damages such as loss of income, etc.., Including disclaim there any liability and / or liability for any damages, direct or indirect, coincidences, etc., As consequence of the use of our website.
We collect information only about people, including cookies, such as names, e-mail and IP numbers, if this information is given voluntarily. The data collected will be treated with confidentiality as already mentioned above.
If a visitor has questions about our handling of received data via our website, they are always welcome to contact our technical support for further information.