These Terms & Conditions applies to all subscribers or other users of Lift Relations ApS’ platform and services.
1 – About Lift Relations
Lift Relations ApS (“Lift Relations”) has developed the Lift Relations Platform (hereafter the “Platform”), an online system designed to conduct relationship evaluations to assess risks and opportunities as well as to improve and prolong the relationships.
The Platform allows Lift Relations’ customers (the “Customer”) to create and send out web based evaluations with relevant questions designed for the working relationship.
2 – Specifications and Support
The Customer shall be provided with an online live account available at ww2.liftrelations.com hosted by Lift Relations on a subscription basis.
Lift Relations aims to continuously improve and update the functionality and features of the Platform. Lift Relations is entitled to cancel or modify any new features or beta versions communicated or launched by Lift Relations unless such features are specifically included in the fee paid by the Customer.
Lift Relations will attempt to perform all scheduled maintenance at times which will affect the Customer of the Platform the least. Due to updating and conditions outside of Lift Relations control, Lift Relations cannot guarantee uninterrupted, error-free, secure or timely availability of any part or all the hosting services.
Any system errors can be reported to Lift Relations at support@LiftRelations.com
3 – License grant
Lift Relations grants to the Customer a non-exclusive, non-transferable, limited license to use the Platform solely in accordance with the Terms & Conditions on a subscription basis. Lift Relations owns all software and source codes related to the platform.
4 – Fees
The Customer shall pay to Lift Relations the agreed fees. The Customer accepts that the full delivery of the sourced package is delivered upfront on the commencement of Agreement.
Unless otherwise agreed, fees are based on a fixed maximum number of registered individual users for the subscription term. If the Customer during the agreed subscription term registers more individual users than included in the agreed fee, the Customer must by the end of the year pay an additional fee for each additional user registered equaling the agreed average fee per user +20%. If the Customer do not use all included registrations of individual users, such registrations cannot be refunded or transferred to later subscription terms.
Purchases, orders or agreements made between Lift Relations and the Customer are legally binding and cannot be cancelled.
Fees paid are non-refundable.
All fees are listed excluding Danish VAT of 25 %.
5 – Payment Terms
Fees regarding the delivery of the Platform are paid upfront for the agreed subscription term. Fees for any additional registered individual users are paid in arrears by the end of a subscription term. Fees for any additional services are paid each month in arrears.
If the Customer fails to make any payment, Lift Relations shall, from the due date of such payment, be entitled to a default interest at the rate of 1.5 per cent per month. Such interest is payable without any further notice.
Invoices fall due 14 days after the invoice issuance.
If payment is overdue, Lift Relations reserves the right to close down any access to the Platform and stop the delivery of any additional agreed services without any further notice.
6 – Data Processor Agreement
Lift Relations is subject to the Danish Act on Processing of Personal Data, which is based on EU Directive 95/46.
The Customer agrees that the Customer as the data controller is responsible for all data made available for Lift Relations including any end users’ use of the data. Lift Relations, as the data processor, acts solely on the instructions from the Customer and the Customer is responsible for all users entering and/or accessing the data.
Lift Relations takes appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of the Act on Processing of Personal Data.
Lift Relations is entitled to store and use the Customer’s data for benchmark purposes during and after the subscription term.
7 – Data Protection
Lift Relations strive to ensure industry standard security on our platform industry best practices to establish and maintain a secure online experience. Lift Relations’ Platform is hosted by Microsoft Azure, who is certified by the Privacy Shield Framework designed by the U.S. Department of Commerce and European Commission and adopted by the European Commission July 2016. Microsoft acts as a sub-processor towards the Customer. Further information about Microsoft Azure’s data protection is available at Microsoft Trust Center.
When entering the Platform, a secure connection (SSL/https) is used. The certificate is AES-256 bit and is provided by GlobalSign. The encryption ensures that communication between the browser and the server is secure.
Lift Relations will make a system back-up daily to prevent loss of data, to the extent possible. However, the Customer acknowledges that it will be solely responsible for the maintenance and security of its own software and data, and Lift Relations will have no liability for any loss or corruption of any such software or data, however caused. In case of observed breach of any of the Customer’s data, Lift Relations will inform the Customer immediately.
E-mails are sent, received and stored unencrypted using Microsoft Office 365.
8 – Cookies
Lift Relations will set and access cookies on the user’s computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of the computer so that the site administrator may identify the computer and passively track its activities on the website. This unique number identifies the web browser to Lift Relations’ computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address), which the user have not otherwise disclosed. Cookies allow Lift Relations to automatically remember the user’s web browser when the user visit Lift Relations’ site.
9 – Limitation of Liability
Neither Party shall be liable to the other Party for loss of production, loss of use, loss of contracts, loss of profit, loss of data or for any other consequential or indirect loss whatsoever.
Notwithstanding any other provisions of these Terms & Conditions, Lift Relations maximum liability may not exceed the fees paid by the Customer to Lift Relations during the previous 12 months.
Lift Relations does not guarantee the suitability of the Platform for the Customer and/or its employees, clients or other users. Lift Relations does not accept any liability, apart for the above, due to the functionality in or availability of the system even if it may cause damage to the Customer and its relationships, unless such damage is caused by negligence of Lift Relations. Lift Relations shall not be liable for any costs, losses, expenses or damages resulting from or related to the unavailability of the Platform.
10 – Confidentiality
Lift Relations undertakes full discretion and will keep all information about the Customer and/or its user, employees, clients or similar confidential.
11 – Term and Termination
The Customer is granted access to the Platform, when the fee is paid. The subscription term is 12 months in which period the subscription cannot be terminated. If the Customer does not extend the subscription by paying for another 12 months, the subscription is terminated and the Customer’s access to the Platform is shut down. The Customer must prepare any needed backups or copy of data before the access is shut down.
12 – Governing law and venue
The agreement including these Terms & Conditions are governed and construed by and shall be interpreted in accordance with the laws of Denmark, disregarding the Danish choice of law rules.
Any dispute or claim arising out of or in connection with the subscription or any other agreement between the parties which cannot be settled amicably is to be brought before the Copenhagen City Court.
13 – Validity
These Terms & Conditions are valid and applicable as from 17th of November 2017.