General Terms and Conditions
HubBroker ApS' offers the transmission of electronic documents such as invoices, orders and other business documents to and from public and private trading partners.
Upon acceptance of these terms, the Customer hereby grants HubBroker ApS permission for HubBroker ApS to act as hub and broker (on behalf of the Customer) regarding transformation and exchange of electronic business documents.
Access to HubBroker Platform
HubBroker ApS hereby grants Customer the exclusive right to use the HubBroker ApS integration platform (iPaaS) and the enabled services, cf. accepted offers and related documentation under the terms stated in these terms. The right of use includes the Customer's business, which is carried out under the registered company number.
The agreement is considered to be accepted when Customer has begun to use HubBroker ApS 'integration platform (iPaaS) and it’s related services, and when the Customer has accepted the Terms and Conditions of the Agreement including in the Proposal from HubBroker ApS.
Customer Rights
Customer does not acquire any copyright or other rights to HubBroker ApS's integration platform (iPaaS) or related services or the documentation provided, except as expressly described in Proposal.
Third party Rights
HubBroker ApS claims to have all necessary rights to provide HubBroker ApS 'integration platform (iPaaS) as a service.
Services
The customer's choice of subscription to HubBroker ApS's integration platform (iPaaS) and related services will always be stated in the Proposal and / or the agreement.
Prices and terms of payment
All prices are quoted in EURO or Danish Kroner including taxes and exclusive VAT, where nothing else is stated.
Subscription and setup are invoiced montly.
The customer only pays for services and transactions according to the selected subscription. When the Customer sends an electronic business document that exceeds the agreement's consumption the HubBroker ApS will adjust the subscription. The customer must make a payment to HubBroker ApS before HubBroker ApS's services can be formally used.
Termination can only be made in writing to HubBroker ApS, and must be notified by 180 days unless otherwise agreed.
HubBroker ApS can terminate Customer Services with 180 days’ notice and any prepaid amounts will in this case be refunded immediately after termination. The refund will be made to the account number specified for HubBroker ApS. HubBroker ApS is entitled to terminate the Agreement in whole or in part or permanently or temporarily for Customer's access to the HubBroker ApS Integration Platform (iPaaS), including withholding documents to / from the Customer. If it is agreed that the access to the use of HubBroker ApS's integration platform (iPaaS) must be reopened, HubBroker ApS is entitled to charge a separate re-opening fee for this.
HubBroker ApS is entitled to regulate and / or amend these terms and conditions with one month's written notice.
Network
HubBroker ApS registers company name, address, company number, EAN / GLN number, and document types and document formats used by the Customer in an electronic network store. As part of the Agreement, the Customer agrees that the electronic storage library concerned is made available to other senders or recipients. As a user of HubBroker ApS, the Customer accepts at the same time to receive documents from other companies.
Data regulatory requirements
Responsibility for compliance with the legislation in connection with data exchange via HubBroker ApS's integration platform (iPaaS) is for the sole responsibility of the Customer. The customer is responsible for the content and the accuracy of the fact that they issued electronic invoices, orders and other business documents comply with the laws in force at any time. HubBroker ApS does not
control the content of the received electronic documents, but only valid for supported standards and formats. HubBroker ApS does not ensure that data transmission and data processing by Customer's use of HubBroker ApS 'integration platform (iPaaS) complies with the laws.
The Customer agrees upon the conclusion of this Agreement that an electronic invoice/order is considered a document having the same legal effect as a regular physical invoice. The customer's dispatch of electronic invoices containing personal information may be subject to the current Personal Data Processing Act.
The Customer is responsible for ensuring that the recipient's processing and forwarding of electronic invoices at all times complies with the Personal Data Processing Act. HubBroker ApS cannot be held responsible for this.
HubBroker ApS undertakes to comply with applicable EU data processing legislation and GDPR rules.
Warranty, etc.
In case of errors or deficiencies in HubBroker ApS 'Integration Platform (iPaaS), the Customer must provide name and company as well as provide a detailed description of the problem and its occurrence which gives HubBroker ApS's support team the necessary information to make the necessary remedy. Please contact support@hubbroker.net for support.
Remedy is done as soon as possible and within a reasonable time. Response time for remediation is governed by a separate SLA agreement. However, HubBroker ApS may choose to correct in the form of a new version. If HubBroker ApS chooses this, remedy - regardless of the above deadline - may be postponed for publication of the next version. The Customer cannot, in addition to the above described, make further breach of powers in the event of errors or omissions at HubBroker ApS 'integration platform (iPaaS).
Responsibility
HubBroker ApS disclaims any liability for defects not arising from HubBroker ApS's integration platform (iPaaS), but related to external factors, including codes and / or programs not developed by HubBroker ApS. In addition, HubBroker ApS disclaims any liability for HubBroker ApS's integration platform (iPaaS) impact on Customer's hardware or other programs, as well as any liability for errors, deficiencies or inconvenience in third party default software. HubBroker ApS is not responsible for compatibility and HubBroker ApS 'iPaaS Integration Platform (iPaaS) functionality at Customer's own implementation against HubBroker ApS Integration Platform (iPaaS) or Updates as well as Customer's Third-Party Software Installation, including Spam Filter, New Versions, Modified Setup, etc. of third party software.
Furthermore, HubBroker ApS cannot be held liable for loss of data as well as damage or loss to the Customer as a result of hacking, virus or similar attacks by HubBroker ApS or for any other loss that may arise from Customer's use of HubBroker ApS's integration platform.
HubBroker ApS can never be held liable for the Customer's indirect loss, including but not limited to loss of consequential loss, operating loss, loss of profits or claims raised by third parties, and HubBroker ApS can never be held responsible for the Customer's loss of data.
Should HubBroker ApS, in spite of the above, become liable under these license terms, HubBroker ApS's liability is always limited to an amount equal to the consideration paid by the Customer as a result of the conditions in the last preceding month prior to the claim for damages.
The above disclaimer also applies to product liability, which is generally depreciated, unless mandatory legislation prevents this.
Force majeure
None of the Parties may be held liable for damage suffered by the other Party, which directly or indirectly results from the fact that the Party is affected by force majeure. Force majeure includes war, mobilization, natural disasters, strikes, lockouts, fire, water damage, trade restrictions, virus or hacker attacks, key employee's disease or death, IT crashes, crashes or errors in communication systems, as well as other unforeseen circumstances that the Party concerned not by reasonable efforts could prevent. In case of force majeure of one of the Parties for more than 60 days, either Party may cancel the Agreement for the future. In case of cancellation due to force majeure, neither party may claim compensation. Force majeure may be invoked only if the affected Party notifies the other Party as soon as possible and within 10 working days that a force majeure situation has occurred.
This provision on force majeure applies mutatis mutandis in case of force majeure at HubBroker ApS subcontractors.
Entry into force and termination of the Agreement
In the event that either Party fails to comply with the terms of this Agreement, the other Party shall be entitled to give 30 days’ notice in writing and, if no remedies have been made within this deadline, the Agreement shall be terminated for the future.
In case of termination of the Agreement, for whatever reason, HubBroker ApS maintains the customer's intact profile, filing, log, etc. for 30 days from the end of the Agreement. In the event that the Customer does not resume the Agreement in the form of deployment, payment of any outstanding or otherwise re-activating the use of HubBroker ApS's Integration Platform (iPaaS), HubBroker ApS has the right to delete all data processed during the Agreement by Customer through HubBroker ApS 'integration platform (iPaaS). The customer can subsequently not require data recovery or claim replacement for deleted data.
Conflict resolution
Any dispute between the Parties arising out of this Agreement and which cannot be resolved in accordance with Danish law at HubBroker ApS shall be determined as a venue at any time.
