1 Preamble
1.1 These Terms and Conditions are intended to describe the terms of the relationship between the Customer and Skymotor.dk.
1.2 The Terms apply to all types of agreements between the Parties, provided that the Customer has accepted the Terms.
1.3 If a private person enters into an agreement with Skymotor.dk, the consumer terms applicable to the agreement in question are set out below.
1.4 Skymotor.dk reserves the right to make changes to the Terms from time to time without prior notice, provided that the updated and applicable Terms are always available on Skymotor.dk's website. If a change is deemed to be material, consumers will be informed of the change with 30 days' notice.
2 Definitions
2.1 "Terms" is defined as these Terms.
2.2 "Skymotor" is an abbreviation for "Skymotor.dk", which is provided by Infomotor ApS, CVR.nr. 37624632
2.3 "Solution" defines the services and products that Skymotor provides to the Customer.
2.4 "Parties" is used as a collective term for the Customer and Skymotor.
2.5 "Account" means the Skymotor.dk account through which the Solution is assigned and managed.
2.6 "Subscription Agreement" is used for the purchase of webhotel products made through Skymotor.dk's website.
2.7 "Traffic" means internet based traffic to and from the Customer's Solution, which is delivered via Skymotor.dk's infrastructure and internet connection.
3 Payment terms, prices and fees
3.1 All prices on Skymotor.dk's website are generally quoted in EUR/DKK. Whether VAT is included in the price depends on the respective currency and will always be stated on the website.
3.2 All Solutions shall be paid for via online payment.
3.3 The Customer may upgrade or downgrade his Solution free of charge via his control panel.
3.4 If the customer upgrades a product, the customer must pay the price difference for the original product and the upgraded product, for the remainder of the original commitment period. Only from the next billing period will the upgraded product be billed independently.
3.5 If the Customer downgrades a Product, the Customer shall continue to pay the price of the original Product for the remainder of the original Commitment Period. Only from the next billing period will the downgraded product be billed independently.
3.6 Skymotor reserves the right to make typographical errors, price changes, discontinued products and delivery failures from subcontractors.
3.7 Skymotor may adjust all prices and fees with a minimum of one month's notice. The price adjustment of existing agreements shall take effect at the next invoicing period.
3.8 If circumstances beyond Skymotor's control occur, including legal or judicial circumstances, as well as price increases from Skymotor's subcontractors, Skymotor is entitled to make price increases without notice. In the event of increased energy costs, Skymotor reserves the right to impose a corresponding energy charge to cover the increased energy costs. Such price changes and charges must be announced, with a minimum of one month's notice, to the Customer.
4 Creation
4.1 Skymotor shall commence the creation of the Solution immediately upon receipt of the Customer's payment.
4.2 In order to establish an agreement with Skymotor, it is assumed that the Customer is of legal age, possesses a valid consent from an adult guardian or is a registered company. If this is not the case, an agreement cannot be established.
4.3 After the creation, the customer will receive an e-mail with information about the ordered Solution, as well as any further instructions to the customer.
5 Ownership
5.1 The person whose information is registered on the account with Skymotor will be the legal owner of the account, including the Solutions located on the account.
5.2 Anyone who is granted access to the Account by the Customer will be able to legitimately manage and modify the Solutions and information associated with the Account.
5.3 If the Customer updates its Account with new information, information in the whois database for any domain registered to that Account will be automatically attempted to be updated with the new information. Therefore, Skymotor also always considers the owner of the account to be the owner of the domain.
6 Terms and conditions for web hosting
6.1 General
6.1.1 A Subscription Agreement runs for 12 full months from the day a Webhotel is ordered, and each year the Subscription Agreement may be renewed for a new period.
6.1.2 If the Subscription Agreement is not renewed and automatic renewal is not activated, the Agreement will expire on the stated expiry date. Two weeks after the initial expiration of the Subscription Agreement, the product will be deleted along with all associated data. Thereafter, the Subscription Agreement shall be considered terminated.
6.2 Use of the web hosting
6.2.1 The intention of Skymotor's Solutions is not to act as an external hard drive for storing data such as zip, mp3, avi, iso and the like, but to act as a display/sales space for business people and private individuals. It is thus not allowed to have large file archives lying around for free download or viewing/streaming without prior agreement with Skymotor.
6.2.2 Skymotor will continuously assess the functioning of scripts/programs/data that may be burdening the server or causing crashes. If this is the case, Skymotor may temporarily close access to the web space in question at any time. However, this will normally be done in consultation with the originator.
6.2.3 If a product is used to send spam, phishing, etc., Skymotor reserves the right to temporarily close access to the product without notice until the problem has been rectified. This also applies even if the owner of the product is not aware of said misuse or is directly responsible for it.
6.2.4 As a general rule, Skymotor offers free traffic for all web hosts. However, a gross abuse of this may result in exclusion from Skymotor's servers or limitation of bandwidth. Examples of gross exploitation are violation of the website content rules and excessive traffic consumption.
7 Conditions for domains
7.1 Domain registration
7.1.1 By ordering a domain, the customer declares that his use of the domain name does not infringe the intellectual property rights of third parties. Skymotor shall not be liable for any third party loss arising from the Customer's unauthorised use of the domain.
7.1.2 Skymotor makes its domain tester available for the Customer's investigation of whether a domain name is available. Skymotor cannot guarantee that it will be possible to register every domain name that can be found via the domain tester.
7.1.3 Skymotor.dk is not liable in the event that a domain order fails.
7.2 Domain renewal
7.2.1 The renewal of domain names is generally carried out through the Customer's control panel at Skymotor. If automatic renewal is not activated, the Customer will receive a renewal reminder before the domain expires. It will in all cases be the customer's own responsibility to ensure timely renewal of his domains.
7.2.2 If the customer does not renew his domain in time, it will be quarantined (redemption) by the registry in question. If the customer wishes to renew the domain while it is in quarantine, the individual registry may charge a renewal fee, which Skymotor will then pass on to the customer.
7.2.3 The Customer is free to choose whether renewal of .dk domains is to be done through Skymotor or DK Hostmaster, however DK Hostmaster has determined that .dk domain renewal through Skymotor is only possible up to 1 month before domain expiry at DK Hostmaster.
7.2.4 As part of the procedure for domain renewal of .dk domains established by DK Hostmaster, Skymotor is required, as a precondition for the domain renewal to take place, to briefly and temporarily assume the payer role on a .dk domain before the execution of the domain renewal. Immediately after the .dk domain renewal has been carried out, the payer role will always be transferred back to the registrant of the domain, who is listed with DK Hostmaster.
7.3 Disputes over domains
7.3.1 Disputes concerning .dk domains shall be settled by the Domain Appeals Board.
7.3.2 Disputes regarding other top-level domains shall be resolved via ICANN's UDRP Administrative Procedure.
8 Customer's liability
8.1 General
8.1.1 The Customer is obliged to observe good practice and order when using Skymotor's network and servers. Good morals and order broadly interpreted means that the Customer may not use Skymotor's services to violate Danish law or in any way bother other companies or private individuals. If the Customer is unsure whether an action on the Solution is permitted, it is the Customer's responsibility to contact Skymotor and seek guidance.
8.2 Master data and permissions
8.2.1 The Customer is obliged to keep its master data up to date with Skymotor so that address details, contact details and billing details are valid at all times. Master data can be maintained through the Customer's control panel.
8.2.2 The Customer agrees to comply with all applicable laws and regulations in connection with the Customer's business. Customer also agrees that Skymotor does not exercise any control over the content of the information that Customer sends from the Solution, and that it is Customer's sole responsibility to ensure that the data that Customer sends and receives complies with all applicable laws and regulations.
8.2.3 The Customer is obliged to obtain all necessary and appropriate permits and approvals from any relevant public authority applicable to the installation, use and ownership of the Solution provided by Skymotor.
9 Handling of illegal or infringing content
9.1 Skymotor's response options
9.1.1 As hosting provider, Skymotor provides a Solution that enables the Customer to store and disseminate its data. As a rule, the Customer has free disposal rights over its own data and the Solution itself, and the Customer is fully responsible for ensuring that there is no content on the Solution that is unlawful or infringes the rights of a third party.
9.1.2 If a Customer stores, publishes or links to texts, images, film clips, audio files or any form of information that Skymotor can assess with a reasonable degree of probability is illegal or infringes the rights of a third party, Skymotor reserves the right - without prior notice - to suspend the Customer's Solution, without being liable for any losses that the Customer may suffer as a result of the suspension.
9.1.3 The above also applies if Skymotor considers that the content of a Customer's Solution is offensive or may be offensive.
9.2 Request from third parties
9.2.1 If Skymotor receives a request from a third party indicating that there is unlawful content on a customer's Solution, Skymotor will inform the customer of the request.
9.2.2 In order to ensure indemnity, Skymotor is obliged to assess whether the contested content is unlawful or infringes the rights of a third party (Section 16 of the E-Commerce Act). In making this assessment, Skymotor will, to the extent possible, seek and include relevant legal documentation, such as a court order, court decision or proof of ownership of rights. If Skymotor in such context and with a reasonable degree of probability can ascertain that a customer's Solution contains material that is unlawful or infringes documented rights, Skymotor is entitled - without notice - to suspend the relevant customer's Solution without being liable for any losses that the customer may suffer as a result of the suspension.
10 Skymotor's rights
10.1 Skymotor always has the right to suspend a Customer's Solution without notice if the Customer has violated these Terms. Skymotor will then send a written justification for the suspension, possibly referring to the condition that has been violated. Disruption and deterioration of Skymotor's operations and customers are considered as misuse of the Solution. This may lead to suspension and termination of the Solution at any time. Simply . com is in all respects sovereign in the definition of the word abuse .
10.2 Skymotor reserves the right to terminate a Customer's ongoing Solution with 30 days written notice. In the event that the Customer has prepaid for a period that is suspended as a result of Skymotor's termination, the Customer shall be entitled to a refund of the prepaid amount, for the portion of the prepaid period during which the Product is terminated.
11 Skymotor's liability
11.1 Skymotor shall not be liable for any indirect or consequential loss or damage, including loss of anticipated profits, loss of data or its restoration, loss of goodwill, loss in connection with payment transfers, technical failures, unauthorized access, faulty setup of the website or any other similar consequential loss, in connection with the use of the system or loss resulting from the failure of the system to function, regardless of whether Skymotor has been notified of the possibility of such loss and regardless of whether Skymotor can be blamed for the loss on the basis of negligence or similar.
11.2 Skymotor strives to ensure that the Systems are available 24 hours a day, all year round. However, Skymotor is entitled to interrupt operations when maintenance or other technical conditions make this necessary. As far as possible, such interruptions will be announced in advance.
12 Compensation
12.1 The parties are liable for damages in accordance with the general rules of Danish law. The amount of damages will be limited to the compensation.
12.2 Skymotor is not liable for the following types of loss:
Operating loss or indirect loss.
The Customer's salary costs for its own staff and external costs for the recovery of lost data and the restoration of systems.
The customer's costs for external consultancy and advisory assistance.
Customer's loss of profit and/or goodwill.
13 Force majeure
13.1 Neither Party shall be liable to the other Party under the Agreement in respect of any matter beyond the control of the Party which the Party should not have taken into account at the time of signing the Contract and which the Party should not have avoided or overcome.
13.2 Force majeure can only be invoked if the Party concerned has notified the other Party in writing within 5 working days after the force majeure situation has arisen.
13.3 Cases of force majeure may include lightning strikes, floods, natural disasters, failure of power supplies, failure of telecommunications, fire, smoke damage, explosion, water damage, lack of or delay in obtaining regulatory approval, government intervention, vandalism, burglary, terrorism, sabotage, armed conflict, riots, work stoppages, strikes and lockouts, including strikes and lockouts of Skymotor's own employees and any subcontractors. The above applies even if Skymotor is a party to the conflict and even if the conflict affects only parts of Skymotor's functions.
14 Resale
14.1 If an order is placed with a view to resale, the end customer must be informed of Skymotor's role as supplier. Skymotor recommends that the customer relationship be established between the end customer and Skymotor.
14.2 It is not permitted for a Customer to resell Skymotor's products in its own name if this results in the Customer carrying on business in competition with Skymotor.
15 Transfer of rights
15.1 The Parties are mutually entitled to assign all of their rights and obligations under the Agreement, including the right to use the Services provided, in whole or in part, to Group Affiliates, provided that the other Party has been notified in writing at least 1 month prior to the assignment. The transfer shall not place any Party at a financial or commercial disadvantage compared to its position prior to the transfer.
15.2 Skymotor may not assign its rights and obligations under the Agreement to third parties without the Customer's written consent. The Customer may not refuse to give consent without a valid reason.
16 Right of withdrawal and termination
16.1 When ordering a domain, a product is delivered which is specially tailored to the customer. The Customer accepts that Skymotor will commence the order immediately after payment has been registered and that the general right of withdrawal in Article 18(1) of the Consumer Contracts Act stops upon registration of the service pursuant to Article 18(2)(3) of the same Act. Thus, neither business customers nor consumers can cancel the order of a domain and will therefore not be refunded the registration fee for a wrongly ordered domain.
16.2 The right of withdrawal for the creation of a web space is 14 days.
16.3 All Subscription Agreements are pre-invoiced for periods of 12 months. Termination of a Subscription Agreement is automatic if the Agreement is not renewed by the Customer.
16.4 Once payment for a Solution has been recorded, any incorrectly ordered or remaining periods will not normally be refunded.
17 Processing of personal data
17.1 As part of Skymotor's provision of the Solution, Skymotor will process any personal data that the Customer provides to Skymotor. The conditions of this processing are governed by a data processing agreement concluded between the Parties. The Customer can request and enter into Skymotor's data processing agreement via the Customer's control panel.
17.2 Skymotor is obliged to take the necessary technical and organisational security measures against the accidental or unlawful destruction, loss or deterioration of the Customer's data and against its disclosure to unauthorised persons.
18 Confidentiality
18.1 The Parties undertake to treat all information relating to each other's affairs as confidential. In addition, the Parties undertake not to disclose such confidential information to third parties without the prior written consent of the other Party and to use confidential information only for the purpose described in the Agreement.
18.2 Confidential information shall mean any information about the Parties' business, including the Parties' business partners, or business relationships, which the Parties have obtained through their business dealings, excluding information which has been made public by the Parties.
18.3 The Parties are entitled to disclose information to the authorities about the other Party, for the fulfilment of legal obligations. The other Party shall be obliged to disclose the confidential information to the extent possible, but without in any way circumventing the requirements of the authorities.
18.4 The confidentiality obligation shall also apply after termination of the contractual relationship between the Parties.
19 Trade with foreign companies
19.1 When dealing with companies in the EU where Skymotor does not charge VAT, the Customer is obliged at all times to provide Skymotor with a valid VAT number. Skymotor is required by law to submit listings of sales to the Danish authorities. If Skymotor is charged VAT as a result of a VAT number being invalid or incorrectly stated, Skymotor reserves the right to invoice this cost to the customer.
20 Security
20.1 These Terms and Conditions shall be interpreted in accordance with Danish law.
20.2 The Parties undertake to try to find an amicable solution to conflicts through negotiation and to endeavour to do so in such a way that the Parties' other production and other services are not affected.
20.3 In the absence of an amicable solution after negotiation, the matter shall be finally and bindingly settled by arbitration in accordance with the rules of the Danish Arbitration Institute or by a Danish court of Skymotor's choice.
21 Contact
21.1 Skymotor offers free and unlimited support through our online support system at Skymotor.dk.
21.2 If the Customer wishes to lodge a complaint with Skymotor, this can be done through Skymotor's online support system.