Terms and Conditions - Cyber Online ApS

These conditions apply to all relationships between Cyber Online and the customer unless otherwise agreed in writing. Cyber Online primarily provides solutions to businesses, including public authorities, associations, organizations, and a limited number of private consumers.

Marketing:

The customer will receive newsletters via email containing information about current offers, new products, new services, maintenance notifications, and more.

Solutions:

The conditions cover all Cyber Online products, including GDPR Scan, Awareness training, and other services and products related to cybersecurity.

Agreement:

The agreement is entered into between the parties either by ordering solutions through our website or by the customer’s acceptance via email. The customer is obligated to provide all relevant information, acceptances, and approvals within 10 working days. If relevant information has not been provided within 10 working days from the time of the agreement, Cyber Online reserves the right to create an invoice based on the provided information. The first detailed data scan is sent after payment of the issued invoice. Upon entering into the agreement, the customer undertakes to provide correct name, address, postal code, telephone number, VAT number, and email address. Cyber Online undertakes to treat all customer information confidentially. Cyber Online reserves the right to use subscription information for the preparation of general statistics and to use the work performed as a reference for sales and marketing purposes. Cyber Online is entitled to disclose required information to subcontractors to deliver the service. Cyber Online reserves the right to decline a task if it unexpectedly proves to be too extensive.

Termination:

The agreement is non-terminable during the agreed-upon period and is valid for 36 months unless otherwise specified in the agreement. The agreement automatically continues for an additional 24 months, except for agreements with a duration of 12 months, which are extended for 12 months. For example, if an agreement is made for 36 months, the agreement is automatically extended for an additional 24 months for the next agreement period. The extension occurs if Cyber Online has not received a timely written termination. If the customer wishes to terminate the agreement, this must be done by email to info@cyber-online.com or by registered letter. The termination must be received by us no later than three months before the expiration of an agreement period unless otherwise specifically stated in the written agreement. Any prepaid amounts are non-refundable. Upon termination of Cyber Online’s services, the system does not transfer to any potential new provider as it is protected by copyright. The previously submitted scanning reports are the customer’s property. If Cyber Online wishes to close special subscription types/terminate specific agreements or special services, Cyber Online can terminate the agreement. From Cyber Online’s side, agreements can be terminated with one month’s notice at any time.

Cyber Online aims to ensure continuous access to Cyber Online’s systems but disclaims responsibility for loss or damage to the user’s electronic equipment. Similarly, Cyber Online disclaims responsibility for loss or damage that can be attributed to Cyber Online’s suppliers and/or other third parties. Cyber Online reserves the right to carry out repairs, perform maintenance, or similar actions resulting in downtime. In case of foreseeable disruptions, Cyber Online aims to notify the customer in advance of downtime via www.cyberonline.dk or by email. Cyber Online disclaims any liability for loss or damage. This also applies to any email accounts and associated systems. Cyber Online does not provide support or assume responsibility for issues arising in the customer’s own email system.

Support:

Cyber Online provides support regarding the initiation of products/services. Unless otherwise agreed, support is provided via email. We strive to respond to customer emails as quickly as possible but provide no guarantees regarding response time. Support time is invoiced to the customer at an hourly rate of 899 after the elapsed time.

Complaints and Deficiencies

For a period of 5 days from the delivery of the sold item, Cyber Online is responsible for programming or configuration errors, provided that the customer can prove that the error or deficiency is due to intent or negligence on the part of Cyber Online or its employees or subcontractors. Complaints are only valid if they are submitted to info@cyber-online.com. If Cyber Online is responsible for errors and deficiencies as stated above, Cyber Online is entitled, at its own discretion, to either perform a new data scan or make changes to the configuration that prove to be deficient. The customer is encouraged to conduct an appropriate examination as required by good business practice as soon as the sold item is received. If the sold item has a deficiency, the customer must notify Cyber Online of this in writing within 5 business days from the date of delivery. After the expiration of the 5-day deadline, the deficiency cannot be invoked. Any compensation can in no case be claimed to cover the customer’s loss of business, loss of profit, penalties, or other indirect losses. Cyber Online’s obligations under the above provisions do not cover consequences of unusual use or use contrary to good IT practices, inadequate security on the customer’s part, or use contrary to Cyber Online’s instructions, changes made without Cyber Online’s written approval, incorrect repairs performed by the customer, or other circumstances beyond Cyber Online’s control. Cyber Online is not liable for errors and deficiencies claimed later than 5 days after delivery from Cyber Online. If no error or deficiency is found, a service fee of kr. 995.00 per commenced hour will be invoiced to the customer.

Delivery Time

The specified delivery time is approximate and subject to delays resulting from strikes, lockouts, war, mobilization, confiscation, currency restrictions, transportation obstacles, fuel restrictions, fire, insufficient or defective deliveries from subcontractors, breakdowns in internet or supply lines, or causes beyond Cyber Online’s control, and the delivery time in such cases will be extended by a number of days corresponding to the duration of the hindrance. Delivery at the thus postponed delivery time is considered timely in all respects. If the delivery time is specified as a certain number of days or weeks, the period is calculated from the time when Cyber Online has received all the exact information necessary for the execution of the order from the customer. If the customer does not fulfill any due payment obligations, the delivery time is postponed by a period corresponding to the delay in the relevant payment. However, if there is a delay due to reasons other than mentioned above, this does not entitle the customer to cancel the transaction in whole or in part or to enforce other remedies against Cyber Online, unless the delay is deemed significant and Cyber Online has not delivered within 14 days after receiving written demand to do so from the customer. Any compensation can in no case be claimed to cover the customer’s loss of business, loss of profit, penalties, or other indirect losses.

Copyright and Intellectual Property Rights

All drawings, estimates, descriptions, or other material to be submitted with bids or deliveries are the property of Cyber Online and may not be reproduced, presented to other companies, or used to perform work without the written permission of Cyber Online. Drawings, reports, and solutions, etc., that Cyber Online has produced for use in bids must be returned upon request. The copyright to Cyber Online software belongs to Cyber Online, and the customer only has a right to use it as long as the contract is in effect between the parties and all payments are made. Upon termination of the agreement, Cyber Online’s data scan will cease, and the customer no longer has the right to use it. Unauthorized use of Cyber Online’s data scan is a violation of the Copyright Act and will be met with an injunction and a demand for payment of reasonable compensation and damages.

Product Information

In general, Cyber Online is only responsible for ensuring that the sold item corresponds to the specifications provided at the time of sale – not for whether the item is suitable for the customer’s use. Any additional liability undertaken by Cyber Online is only applicable if Cyber Online has provided separate written advice to the customer in the form of project development, actual calculations, or a separately issued written statement regarding the usability of the sold item for a specifically indicated purpose to a customer who is not assumed to possess the necessary expertise in the field to independently assess the question of the item’s suitability. Cyber Online has no liability for statements that are indicated to be based on an estimation or judgment. In the event of timely complaint, Cyber Online provides the customer with a new, free data scan. Cyber Online is never liable for loss of business, loss of profit, penalties, or other indirect losses.

Force Majeure

Cyber Online is not liable to the customer when the following circumstances arise after the conclusion of the agreement and hinder or delay the fulfillment of the agreement: war and mobilization, riots and disturbances, terrorist actions, natural disasters, strikes and lockouts, scarcity of goods from Cyber Online’s subcontractors, as well as deficiencies or delays in deliveries from subcontractors, fire, lack of transportation options, currency restrictions, import and export restrictions, death, illness, or departure of key personnel, computer viruses, or other circumstances that Cyber Online does not have direct control over. In this case, Cyber Online is entitled to postpone delivery until the impediment to performance has ceased or, alternatively, to cancel the agreement in whole or in part without compensation.

Virus, Hacker Attacks, or Penalties

Cyber Online disclaims all liability for any viruses, hacker attacks, or penalties that may wholly or partially affect the customer’s business.

Third-Party Rights

Cyber Online does not guarantee the legality of the material uploaded by the customer to Cyber Online, and the customer is responsible for obtaining consent from the rights holder for the use of any copyrighted, design, trademark, marketing, or other protected material. In the event that a third party makes a claim against Cyber Online for unauthorized use or infringement of IP rights, the customer is obligated to indemnify Cyber Online in all respects and without limitation. The customer declares that the uploaded material complies at all times with intellectual property laws, the Personal Data Act, and the Marketing Act. The customer also declares that the uploaded material will only be used for lawful purposes under Danish law and agrees to indemnify Cyber Online in all respects and without limitation if any claims are brought against Cyber Online based on the customer’s wrongful or unlawful use of uploaded material.

Choice of Law and Venue

In the event of a dispute between the parties, the dispute shall be settled under Danish law with the District Court of Aarhus as the proper venue. However, the aforementioned choice of law provision does not include Danish conflict of laws rules. Nevertheless, Cyber Online may request that the dispute be settled through arbitration in accordance with the applicable rules at that time. The arbitration tribunal shall have its seat in Aarhus.

Miscellaneous

Cyber Online may freely transfer this agreement to a third party at any time without the customer’s consent. Changes or additions to these sales and delivery terms must be agreed upon in writing to be valid between Cyber Online and the customer.