AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF RAPIDIONLINE'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.
As part of the Service, Rapidionline will provide you with use of the Service, including a browser interface and data encryption, data transfer, access to the user interface and configuration. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Rapidionline website incorporated by reference herein, including but not limited to Rapidionline's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
2. Subscription Grant & Restrictions
3. Your Responsibilities
4. Account Information and Data
5. API Terms
6. Intellectual Property Ownership
7. Who You Are Contracting With, Notices, Governing Law and Jurisdiction
8. Payment, Refunds, Upgrading and Downgrading Terms
9. Billing and Renewal
10. Non-Payment and Suspension
11. Cancellation & Termination
12. Termination for Cause
13. Representations & Warranties
14. Mutual Indemnification
15. Disclaimer of Warranties
16. Internet Delays
17. Limitation of Liability
18. Connectivity & Uptime Guarantee
20. Modification to Terms
21. General Conditions
Any use of RapidiOnline's API (our web service based interface to the configuration), including use of the API through a third-party product that accesses RapidiOnline, is bound by the terms of this agreement plus the following specific terms:
Who you are contracting with under this Agreement, who you should direct notices to under this Agreement, what law will apply in any lawsuit arising out of or in connection with this Agreement, and which courts can adjudicate any such lawsuit, depend on what Company Name is stated in your order form and subsequently on the invoice.
|Company Name stated on order form/invoice etc.||The governing law is:||The courts having exclusive jurisdiction are:|
Sdr. Tingvej 10
+45 73 84 85 50
VAT No.: DK 18241099
CVR. No.: 18241099
Rapidi and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Rapidi and its licensors do not represent or warrant that:
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranty or merchantability, fitness for a particular purpose, or non infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Rapidi and its licensors.
Rapidi's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Rapidi is not responsible for any delays, delivery failures, or rather damage resulting from such problems.
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensor be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type of kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connectedwith this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, erroror omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.
RapidiOnline is hosted at Internap, Atlanta. Our hosting partners Internap and Rails Machine guarantee that network and server uptime of at least 99.9% of the time during any 12-month period. It does not cover any areas where Rails Machine has no direct influence, such as backbone provider failures, fiber-optic main line cuts, routing issues between the Customer's location and Internap data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Rails Machine not directly influences. For more detailed description we refer to the Term of Service at Rails Machine and Internap.
"Agreement" means these online terms of service and any materials available on the RapidiOnline website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Rapidi from time to time in its sole discretion.
"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service.
"Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service or Data transferred between other systems by the Service.
"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service.
"Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter).
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
"Subscription Administrator(s)" mean those Users designated by you who are authorized to purchase subscriptions and extensions online and otherwise administer your use of the Service.
"Subscription Term(s)" means the period(s) during which a specified number of Users are subscribing to the Service pursuant to the Order Form(s).
"Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of subscriptions and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail).
"Rapidi" Rapidi A/S - Sdr. Tingvej 10, 6630 Rødding, Denmark, +45 73 84 85 50, email@example.com, www.rapidionline.com, VAT No.: DK 18241099, Registration Number: 18241099
"RapidiOnline" means all of RapidiOnline's or its licensors proprietary technology (including software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Rapidi in providing the Service.
"Service(s)" means the specific products and services on Rapidionline developed, operated, and maintained by Rapidionline, accessible via or another designated web site or IP address to which you are being granted access under this Agreement.
"User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Rapidi at your request).
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.
Latest update November 2016