Terms of Service 1. General 2. Account and the Customer's user information 3. Customer's processing of personal data and other data

Transcription

1 Terms of Service Effective as of December 18th General These general terms and conditions ('General Terms and Conditions') apply to all agreements on provision of services ('Services') from Surftown A/S, Per Henrik Lings Allé 4, 4th fl., DK-2100 Copenhagen, CVR no , ('Surftown') to Surftown's customers (the Customer'). A more detailed description of Surftown's Services can be seen in Surftown's product descriptions at These General Terms and Conditions and the Services chosen by the Customer constitute the Customer's entire agreement with Surftown ('the Agreement'). Enterprise services and customized services, such as web design provided by Surftown is not covered by these Terms of Business, but are regulated by a separate agreement. With the Customer's acceptance of the General Terms and Conditions, the Customer confirms its ability to enter into legally binding agreements. If the Customer enters into an agreement on behalf of a company, the Customer declares that it is legally authorized to bind the relevant company. 2. Account and the Customer's user information To be able to use the Services, the Customer must create an account ('the Account') at An Account may include one or more agreements on the provision of Services. The Customer undertakes to ensure that all information stated is correct and up to date,and to immediately update its Account information if such information is changed, including change of address, address and telephone number. Failure to notify Surftown of changes of address and/or address will be regarded as a material breach of the Agreement and will entitle Surftown to immediately terminate the Agreement. See clause 7. The Customer is solely liable for the activity in the Customer's Account, irrespective of whether or not this activity is approved by the Customer, and the Customer must protect its Account information, including but not limited to its username, password and payment information. The Customer must immediately notify Surftown of any breach of security or any unauthorised use of its Account. Surftown reserves the right to use information from the Customer's Account in anonymised form for the purpose of preparing statistics. When the Customer creates an Account, Surftown registers the Customer's user information, including name, address and address, in Surftown's user database. Surftown's processing of this information is subject to the provisions of the Danish Act on Processing of Personal Data (Persondataloven) and will take place accordingly. The Customer's address will be used to market other similar products from Surftown unless the Customer has declined to receive such communications. 3. Customer's processing of personal data and other data The Customer is responsible for providing general and personal data for its Account, and the Customer therefore acts as controller and is thus responsible for processing this data, including obtaining proper consent to any processing of thirdparty data. With respect to the processing of this data, Surftown functions solely as processor and acts only on the Customer's instructions. As controller, the Customer is under an obligation to implement the necessary technical and organisational measures to adequately protect the data against accidental or unlawful destruction, loss or alteration, and against unauthorised disclosure, abuse or other processing in violation of the current data protection legislation. Surftown is not responsible for conditions under the Danish Act on Processing of Personal Data in connection with the information processed by the Customer in its capacity as controller, and the Customer is liable to Surftown for any claim arising under the Danish Act on Processing of Personal Data or any other rules on the protection of personal data or other relevant legislation. However, Surftown reserves the right to obtain access to the Customer's data in the Account to the extent that Surftown may deem this necessary for Surftown's operation and/or the security of the Services. In this connection, Surftown and its employees are bound by secrecy, and Surftown will notify the Customer if it has accessed the information in the Customer's Account. For domains where Surftown is engaged by the client to perform the administrative management of the domain, Surftown reserves the right to: Select the domain provider, update contacts, including the display of information in whois. Domains registered through Surftown is subject to specific rules of the relevant domain authority. When Surftown register a domain for the Customer, the Customer information such as name, address, telephone number, address and company- and social security number (where applicable) is forwarded to the registry for the TLD (top-level-domain). In most cases, the details are visible in the whois of the domain authority.

2 Notable exceptions are.se and.nu where contact information for individuals is hidden. For.dk domains it is a prerequisite for the right to use a.com domain name that DK Hostmaster can validate the Customers name and address information. Domain owners can hereafter contact DK Hostmaster to hide the whois information. 4. Use The Customer's use of the Services is subject to any data traffic limitations stated in the product description for the Customer's Services. Surftown's current applicable traffic limits for Surftown's different subscription types are also outlined in the product comparison. Surftown will not invoice any additional usage, but if the Customer's traffic usage exceeds the traffic limit for the specific subscription type for an extended period of time, Surftown will contact the Customer with a view to a possible future upgrade to another subscription type. If the Customer does not want an upgrade, Surftown is entitled to invoice the additional usage in accordance with the current prices. Surftown offers free access to standard scripts and use of other scripts if these scripts do not increase the load on the servers unreasonably. It is not permitted to: - Carry out any action or transmission which could apply or result in an excessive load on Surftown's servers and technical infrastructure. In this connection, Surftown reserves the right to review any Account to check if it takes up excessive storage space and bandwidth in order to remedy the situation. - Use the Services for illegal purposes. This prohibition applies to texts, photos, film clips, audio files and any other imaginable information or hyperlinks thereto placed on the server irrespective of who may have access to the material, even if it is only the Customer itself, a limited group or an unlimited number of people. Illegal material includes, without limitation, material protected by copyright or other material which the Customer is not entitled to publish or store under the legislation. Surftown is free to assess whether material is illegal and reserves the right at any time to delete such material without notice, also if a notification of illegality comes from a third party. If such material is deleted, the Customer cannot raise any claim against Surftown as a result of such deletion. If Surftown receives notification from a third party that the Customer uses the Services illegally together with a request to block the Customer's Services, Surftown will notify the Customer of this. Additionally, Surftown will notify the Customer and the relevant third party that Surftown only fulfills requests to block a Service if a court order has been issued to that effect. Surftown is entitled to surrender illegal material and information to the relevant authorities if required. 5. Contact and support Surftown offers support all days via Questions from customers with VIP Support are usually answered within 10 hours. Questions from customers with Standard Support are usually answered within 24 hours. Telephone support: Surftown offers telephone support on all weekdays from 9.00 am to 4.00 pm for customers with VIP Support on tel When contacting Surftown Support, the support code is to be found in the Customer control panel under 6. Term and termination An Account may include one or more agreements on the provision of Services. An agreement on the provision of a Service is concluded as a standing agreement. Payment for the Service is effected in advance, and the Customer chooses the payment period when choosing the Service. See the Services at: To ensure that the Customer's and website (s) remains available (e), all payments with credit and debit cards, regardless of type, are enrolled in automatic subscription payment. This also applies to added service purchases made during the subscription period. With subscription payments, the Customer's active services are automatically paid, captured and renewed from 14 days before the service termination, unless the service is cancelled in due time. In the event of failed payment, for any reason, a payment request is sent to the Customer via . According to Surftown's privacy policy and security, Surftown stores no customer's credit card information. Credit card information will be handled by Nets Denmark A / S and Bambora. Both are PCI-certified payment gateway providers. All transactions are sent through an encrypted connection. The Customer can remove/update the card information at any time, i.e. if the card expired, is closed, is blocked or otherwise altered. The Customer can change which card is used for the subscription payment. If the Customer wishes to remove the enrolment or

3 wishes to join the enrollment of automatic subscription payment, this is performed in the customer's control panel. The Customer is always bound by subscription for 12 months from Surftown begins the service delivery. If the Customer does not cancel the subscriptions, is will continue running automatically. Customer may then terminate it by one month's notice. It is not possible for the customer to terminate the agreement with effect for a time before the expiry of the subscription period. For consumer goods, this applies only to agreements in which the entire service must be delivered no later than one year after the agreement is signed, the price of the service does not exceed 2,000 kr. During the subscription period and the payment is made within 14 days of the agreement. All Surftown subscriptions can be terminated with 15 days notice to the renewal date. The Customer can find the renewal date in the control panel and on invoices submitted. The Customer must address terminations to Surftown Support. For consumer goods, where the prepaid service price exceeds USD 289/EUR 268/GBP 232 for the subscription period, or where the service is delivered later than one year after the agreement, or where no payment is received within 14 days after the conclusion of the agreement, the agreement may be terminated with one month's notice to the end of a month, after a period of five months. Any amount of refunded payment will be repaid to the customer as soon as possible, minus USD 10/EUR 10/GBP 8 in administrative costs. The Customer may terminate a Service with one month's notice to the end to a month. Any non-cancellation period for a service is found in the product description Keepit Keepit is used for backup and synchronization on up to 10 units and the Customer gets 100 GB data in total. The Customer may not exceed the max usage of 100 GB data or use Keepit on more than 10 units. An overview of usage is available in Keepit s control panel. When a Customer has used 100 GB, a message will automatically be sent out with giving the Customer notice of this. At 120 GB the Customer will no longer be able to make backups and will have to remove older data in order to free up more space. The Customer s Keepit subscription is connected to the Customer s web hosting subscription. The Customer s termination of their web hosting subscription will also terminate their Keepit subscription and all data will be removed from the Keepit subscription 60 days after the Customer s web hosting accounts termination. 7. Termination Surftown is entitled to terminate the Agreement without notice in case of material breach. Material breach includes, without limitation, the Customer's failure to effect payment for a Service. Surftown is entitled solely to assess whether there has been a breach of the Agreement. Upon termination of the Agreement without notice due to breach by the Customer, prepaid amounts will not be refunded. In the event of breach by Surftown, the Customer is only entitled to terminate the Service which the material breach involves. In connection with the termination or expiry of a Service, all user data will be deleted 60 days after expiry unless there is a reason for keeping such user data. However, in the event of failure to effect timely payment for a domain, the domain will be deleted the moment the time for payment is exceeded. 8 - Liability Use of Surftown's Services takes place at the Customer's own expense and risk. Surftown does not assume any liability for the content, including the correctness, legality and substance, of the information received or transmitted by the Customer via the Internet. Surftown assumes no liability for unauthorised monitoring or collection of or access to the Customer's traffic or data. Surftown disclaims liability for any damage and any loss suffered by the Customer in connection with the Agreement, including use of or inability to use its Services or Surftown's other services, irrespective of the reason for this, unless Surftown has acted wilfully or with gross negligence. Surftown disclaims liability for direct and indirect loss, including loss of profits, consequential loss, loss of data and recovery of data as well as loss of goodwill. If Surftown is held liable for the Customer's use, Surftown's liability is limited to an amount corresponding to what the Customer has paid for the relevant Service during a payment period.

4 9 - Payment Prior to a new payment period, the Customer will receive an invoice sent to the address stated for the Customer's Account. The Customer may effect payment by the following methods: - Dankort - International payment cards (MasterCard, MasterCard Debit, VISA, VISA Dankort, VISA Electron, Maestro, JCB, Eurocard) - Bank transfer to Nordea Bank (reg. no account no ) - Plusgiro (Swedish customers) - Credit balance Transaction fees Consumers inside of EU: Payment by credit card or debit card are not subject to a fee per transaction. Non-consumers or consumers outside EU: Payment by credit card or debit card are subject to a fee per transaction. Type of card Fee 1.15 % transaction fee on Credit card payments Payments by Danish Dankort DKK subject to a transaction fee of 0.70 DKK (incl. VAT) Payments by Danish Dankort DKK subject to a transaction fee of 1.10 DKK (incl. VAT) Payments by Danish Dankort DKK subject to a transaction fee of 1.39 DKK (incl. VAT) Transaction fees are non-refundable and subject to change Prices and fees Surftown's Services and prices are specified on Surftown's website. - Webhosting: Se - Domains: Se Surftown charges an administration fee of USD 9/EUR 7/GBP 5 for payment by bank transfer. This fee may be increased with one month's notice due to increased costs such as postage increases Right of cancellation (Money Back Guarantee) The Customer may cancel the Agreement within 14 days without stating a reason. The right of cancellation expires 14 days after the date on which the Service was made available to the Customer. The Service is made available on the day on which Surftown receives payment for the Service, and the Customer therefore accepts that the Service is initiated before the expiry of the time limit for cancellation. If the Customer exercises its right of cancellation, all payments received from the Customer will be refunded. However, if the Customer has purchased a domain, the Customer has expressly accepted when ordering this Service that Surftown does not refund the registration fee paid by the Customer through Surftown to the relevant administrator of the domain. The size of this fee depends on the domain chosen and is clearly stated in the product description for domains at domains/. However, if the Customer has purchased the Service Webdesign, the right of cancellation expires 14 days after the date of conclusion of the Agreement on provision of Webdesign. Surftown starts its provision of Webdesign on the day on which the Agreement is concluded, and the Customer therefore accepts that the Service is initiated before the expiry of the time limit for cancellation. If the Customer exercises its right of cancellation of the Service Webdesign, all payments received by Surftown from the Customer will be refunded. However, the Customer will be charged an amount corresponding to the volume of the Service already received by the Customer. Irrespective of the Service for which the Customer exercises its right of cancellation, the refund will be effected without undue delay and never later than 14 days from the date on which Surftown received notification from the Customer that the Customer wished to cancel the agreement. The refund is effected without any addition of fees and by the same method of payment used by the Customer in connection with its purchase, unless the Customer has expressly accepted another method of payment. The Customer may cancel its purchase by calling Surftown Support on tel or by opening a support ticket at The ticket must include the following information: the Customer's name/company, address and/or other contact information and an unequivocal indication of the Agreement which the Customer wants to cancel. Termination of Agreement will be carried out if the Customer notifies Surftown of its cancellation within the time limit for cancellation.

5 12 - Assignment The Customer must not assign its rights or obligations under this Agreement without prior written consent from Surftown. Surftown is entitled to assign all or some of its rights and obligations under this Agreement, including the Customer's Account, to a third party Change of terms Surftown is entitled at any time to change its prices and General Terms and Conditions by giving 30 days' notice. Any changes, including price increases, will be notified by to the address or by text message to the mobile phone number stated by the Customer in its Account Force majeure Surftown may discontinue Services and obligations under these General Terms and Conditions without incurring any liability in the event of force majeure, including, without limitation, war, disruptions, terrorism, natural disasters, fire, public regulations, strike, lockout, software virus, incapacitation of key employees, non-delivery, delayed delivery or defective delivery from sub-suppliers, and power failure Governing law and venue Disputes between the Customer and Surftown will be settled in accordance with Danish law at Surftown's home court. However, Surftown may choose to institute proceedings before the Customer's home court. If the Customer is a consumer, the Customer is entitled to have the case heard by its home court, and the Customer is entitled to submit a complaint to the Danish Consumer Complaints Board (Forbrugerklagenævnet) if the relevant conditions are fulfilled, see For consumers residing in another EU country, who wish to report a complaint, please refer to the EU Commissions online dispute resolution portal (ODR). Complaints can be filed here: When filing a complaint through the ODR portal you will need to state the following address: cc@surftown.com If the Customer is a consumer, the Customer is entitled to have the case heard by its home court, and the Customer is entitled to submit a complaint to the Center for Complaint Resolution, Nævnenes Hus Toldboden 2, 8800 Viborg, Denmark. You can complain to the Center for Complaint Resolution via The European Commission online complaint portal can also be used when filing a complaint. This is particularly relevant for consumers residing in another EU country. Complaints is submitted here - When filing a complaint enter our address cc@surftown.com Surftown Sitebuilder Terms of Service Please read our Terms of Service, which you agree to in signing up for Surftown Sitebuilder. The Service is web-based and allows users that register for an account on the Service to create and update an online website on Surftown Sitebuilder. In order to activate the Service you need to login to your account with us and follow the instructions supplied under Surftown Sitebuilder. In order to activate a 14 Day Surftown Sitebuilder Trial site you need to ensure you have provided us with username, password, valid address. 1. Acceptance of Terms 1.1 When using particular Surftown Sitebuilder software, services, or other items provided by Surftown, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. 1.2 Surftown Sitebuilder contains a large number of images, artwork and other data some of which is on license from its copyright owners. You are not permitted to download or use any widgets or other material from Surftown Sitebuilder or use such material other than for display on Surftown Sitebuilder. 1.3 You acknowledge and agree that the use of Surftown Sitebuilder software developer tools require knowledge of web development technologies. Surftown does not support your custom adjustments. This falls under the customer responsibility.

6 1.4 The nature of Surftown Sitebuilder's database driven technology means that it is physically impossible for you to own a copy of your Surftown Sitebuilder site. If Surftown's business changes, or for any other reason Surftown cannot continue to host your site, you will lose it. You agree not to hold Surftown liable and Surftown accepts no liability in respect of, the loss of all data relating to your site. You are strongly advised to keep copies of any data, images, music or otherwise that you upload onto Surftown Sitebuilder. 1.5 Surftown shall undertake its' best efforts to keep the technical platform hosting the Sitebuilder operational 1.6 Surftown is entitled to terminate the Agreement without notice in case of material breach 2. Trial product 2.1. Surftown Sitebuilder Trial site is a product offered by Surftown with no ongoing subscription charge. Users of Surftown Sitebuilder Trial site will accept the following conditions in addition to the standard Surftown Terms of Service. a) You must provide true, accurate, current and complete information about yourself as prompted by the Service's registration form b) The free trial is for 14 days from date of signup. At end of your free trial, your Surftown Sitebuilder Trial site and its content will be frozen and/or deleted, unless you upgrade to a subscription based Surftown Sitebuilder product c) Surftown shall have the right to place advertisements in any form whether banners, ad words, buttons, or otherwise, in any portion of the Surftown Sitebuilder Trial site. The position or form of these advertisements may change from time to time and is at the sole discretion of Surftown. d) After trial expire of 14 days, Surftown shall have the right to delete or remove any Surftown Sitebuilder Trial site. e) Surftown shall have the right to change the Terms of Service applicable to or to withdraw the Surftown Sitebuilder Trial site product at any time and for any reason, without prior notice being given to users of Surftown Sitebuilder Trial site 3. Site product 3.1 The Sitebuilder Service is available to customers with a shared hosting package on their domain. 1)Termination a) The Surftown Sitebuilder Site services Service may be terminated by you, or will be deemed to have been terminated by you through non-payment of the renewal due on the expiry date of the Service or the domain name related to the site. Please note that should you terminate the Service or the domain, your site(s) and all its contents will be deleted. Please note that deleting your site(s) does not terminate your Hosting service or your domain name. You need to explicitly cancel the subscription in writing. b) Please refer to our Terms of service, section 6. 2) For sites in Surftown builder that has remained inactive for a period of 180 or more days, Surftown shall have the right to delete or remove the site. 4. Shop product 4.1 Surftown offers a Shop product allowing the Client to publish and edit an online shop in the Surftown Sitebuilder. 1) The shop product is subscription based and it is purchased per domain. 2) The Client is solely responsible for the management and the configuration of the online shop. This includes VAT settings, payment methods such as credit card and bank transfer. 3) By using any of the payment mechanisms, you accept the 3rd party terms of the payment solution for respectively Stripe, YourPay and Paypal. 4) It should be noted that the use of any payment mechanisms, other than those endorsed by Surftown are the sole responsibility of the site leader and Surftown can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters.

7 5) The Client has the option to downgrade their Shop product to a basic Site product. The Shop functionalities will not be deleted, but they will be disabled. They can be activated again by purchasing the shop product for the particular domain. Terms and conditions for Surftown's referral program 1. Description of Surftown's referral program All customers signed up for Surftown's referral program are subject to the following terms and conditions for use of the referral program. Surftown gives the Customer an exclusive possibility to refer new customers to Surftown. When a referral results in a purchase, the Customer will receive a referral bonus. The Customer can sign up and access the Surftown referral program through the Surftown Dashboard under Earn bonus. A valid referral is defined as: - The Customer uses his or her unique referral link, or a discount code that the customer has created through the referral program in the Surftown Dashboard. - A referral is only valid if the referred customer pays the order. - Please note, that a referral can only be tracked if the referred customer has cookies enabled in his or her web browser. - The referred customer may not be the Customer, nor an employer or employee of the Customer. - The referred customer is signed up as a customer of Surftown A/S. 2. Use and referrals Under no circumstances may the Customer use his or her own referral link or discount codes for their own purchases from Surftown. Surftown will provide the Customer with marketing material: Images and code which the customer can use on the Customers website. The code will be available as HTML and CSS. Images are delivered as direct links to Surftowns servers. Use of the marketing package is the sole responsibility of the Customer, and the Customer is responsible for updating and maintaining any marketing materials used. Surftown has the right to change the images delivered through direct links to Surftowns servers. It is up to the customer to decide how he or she decides to advertise referrals to Surftown's referral program, as long as those referrals are done according to Danish law and the Terms and Conditions in this document. Surftown does not allow advertisement of the Surftown referral program using unsolicited messages (Spam). It is not permitted to earn referral bonuses through methods that are fraudulent. Surftown has the right to determine whether an advertisement is to be considered fraudulent. Customer advertisements must not be immoral or unethical. It is required that any advertising is open, transparent and honest. It is not permitted to advertise referrals to Surftown through methods that can be mistaken for Surftown's own advertising. It is up to the customer to keep links to Surftown's referral program up to date, and thereby remove links to Surftown in case Surftown's referral program is terminated. 3. Bonus plans The customer will be able to see current bonus plans in the Dashboard on Surftown's web site. Earned bonuses will be added as credit, in the currency used by the customer's user profile.

8 The Customer may choose to share the referral bonus with the referred customer, if the Customer wishes to do so. Surftown reserves the right to modify or remove bonus plans with a 30-day notice. Changes in commission plans will be announced to the Customer through Earning and using credit The Customer will earn credit by referring to Surftown's products and services, through the Customer's unique referral link, or through discount codes created by the customer. Surftown will automatically transfer the earned referral bonus to the Customer's account as credit. The credit will be available to the Customer 30 days after the referred customer has paid for the order. Should the referred customer elect to use the Surftown Money Back Guarantee within the first 14 days, the Customer's referral bonus will be cancelled. If that happens, the Customer will be informed over . The earned referral bonus will automatically be used to pay for the service renewal on the Customer's account, if any service is due for renewal. Furthermore, the Customer may choose to use earned bonuses to pay existing invoices, both for renewal of existing services, as well as registering new ones. Please note, that the bonus is a one-time credit given after the referred customer's first order, meaning no bonuses will be paid out for renewals of the referred customer's services. The earned referral bonuses will not be paid out as cash or otherwise. The customer's referral bonus is personal, and cannot be transferred to a third party. Should agreement between Surftown and the Customer be cancelled, the earned credit will be cancelled and not transferrable in any way. 5. Creating and using discount codes The Customer is able to create own discount codes through the Dashboard on Surftown's web site. The discount codes will only be valid for referrals through the customer's own unique referral link, and cannot be used directly on surftown.com. The Customer has the sole responsibility for updating and maintaining the Customer's discount codes. If a discount code is connected to a commission plan that Surftown choses to cancel, then the customer will be required to create a new discount code using another commission plan. Any such changes will be announced to the Customer over Regular audits Surftown will conduct regular audits to confirm that the Terms and Conditions are adhered to. Surftown reserves the right to remove or reduce bonuses that have been disqualified according to those Terms and Conditions. 7. Other reservations Surftown reserves the right to modify or cancel the Surftown referral program at any time. Changes or cancellations will be announced in an to the Customer. Surftown does not accept any responsibility for technical disparities or typographical errors in Surftown's referral program. Any violation of the Terms and Conditions above will result in an immediate cancellation of the Customer's referral agreement. The Customer can cancel the referral agreement with a 1-day notice. Surftown can cancel the referral agreement with a one-month notice. Surftown wants the Customer to make use of the Referral program in an honest way that benefits both the Customer and Surftown. Should the Customer use the Referral program in a way, that to Surftown, could have negative effect on, including but not limited to: Surftowns brand, revenue, staff, partners or customers, Surftown reserves the right to discontinue the referral agreement with the Customer without further notice.