Terms

Preamble

Planship operates under various top-level domains (Planship.com, etc.), as well as various sub-domains and aliases of these domains, a service which will herein after be referred to as “Planship”. The Planship service is offered in several instances, where each instance is available under its own sub-domain, top-level domain or alias.

A “user” is any individual or legal entity which registers with Planship or has been invited by another user as consumer or as company and uses the service on at least one instance.

A “customer” denotes a user who created or manages payment and billing for a free instance or an instance liable to costs of Planship for himself or other users.

The present terms and conditions govern the contract relationship between the user and Planship. The user enters into this agreement on the use of Planship with Outsuite ApS, Gothersgade 11, 1123 Copenhagen, Denmark. Further contact details as well as commercial registry data may be found in the site of the Planship website.

The offer provided by Planship is intended exclusively for persons of legal age and legally competent.

§1 Subject matter

1.1 The purpose of Planship is to support registered users with planning and running projects.

1.2 Planship reserves the right to modify and, if necessary, confine the range of features within reason.

§2 Registration and user account

2.1 In order to be able to use Planship, the user must sign in on the website.

2.2 The user is obliged to provide accurate and complete registration data. If changes apply, the user warrants to update this data autonomously and without undue delay.

2.3 Upon registration, the user shall choose a password and keep it secret. Planship will at no time ask the user for this password and will never disclose it to any third party.

2.4 A user account may exclusively be accessed by the user to whom the account has been created for at registration. The usage of the account by another user is explicitly prohibited.

2.5 By registering, the user warrants to be of legal age and legally competent.

§3 Right of termination for consumers

3.1 Right of termination

A person is considered a consumer if the purpose of his use of service is neither commercial nor professional. A consumer may terminate the present contractual agreement in written form (e.g. by letter, fax or e-mail) within two (2) weeks without stating a reason. The period of two weeks begins upon receipt of these terms in written form, but not before the contract has been executed, and also not prior to fulfillment of the information duties of Planship as per Danish law, as well as Planship’s duties. The consumer may terminate the contract by giving timely notice to:

Planship
Outsuite ApS
Gothersgade 11
DK-1123 Copenhagen,
Denmark

3.2 Consequences of termination

Given the termination of the contract was valid, fees and services provided by both parties have to be returned, and any economic advantages gained (e.g. interest) have to be repaid. If the consumer cannot return the services rendered fully or in part, or only in a lesser form, he is obliged to reimburse Planship for the caused loss. For the consumer, this may involve the requirement to fulfill the contractual payment obligations for the time period until termination. Obligations to reimburse costs have to be fulfilled within 30 days. For the consumer, this period begins when sending the the contract termination. For Planship, this period begins at receipt of the termination.

3.3 Premature expiration of the right of termination

The consumer’s right of termination expires before the end of the legal termination period if both parties explicitly agree that the contract has been fulfilled before the consumer made use of his right of termination.

§4 Content

With content any type of data or information is denoted that has been posted and made available by the user. In particular, content may be photographs, graphics, videos, tables, illustrations, texts (including comments, news, etc.), sound samples and personal data.

4.1 Planship does not take responsibility for any content provided by the user.

4.2 Posting of content

(a) When posting content, the user has to respect any applicable law (e.g. copy right, trademark right, patent right, design right or utility pattern right), the Penal or Criminal Code, as well as any third parties claims.

(b) The user will not post any content which is considered propaganda. Further, he will neither agitate against parts of the population or a group of people for racist, religious or any other motive, nor will he incite on them or defame them.

(c) The user will not post pornographic content or content which violates the Danish laws for the protection of the youth.

(d) The user will not post any content that is harmful to human dignity, that is glorifying war, or that is glorifying violence in another way by means of illustrations or descriptions.

(e) The user will not post any instructions or descriptions that serve the commitment of crime according to Danish law.

4.3 For storing the user’s contents, Planship reserves the right to resort to external hosting providers.

4.4 For technical and other reasons, Planship reserves the right to decline or delete content.

§5 Cost and term

5.1 The scope of features depends on the plan selected by the customer, which may incur costs. Details about pricing models are disclosed on the Planship website in the section “Pricing & Sign Up”. All advertised prices are fixed.

5.2 Fees are to be paid for the selected contract period in advance and upon receipt of invoice. The customer may pay by an accepted credit card. If a bank transaction cannot be completed, the customer bears the resulting expenses, such as bank fees which may incur. Invoices fromPlanship can be delivered by e-mail. The time period for advance announcements can be shortened to at least 1 day at Planship’s sole discretion.

5.3 If the customer authorized direct debit or credit card payments, the fee for the next term will always be collected on the last day of the current term.

5.4 When using Planship on a paid plan, the initial contract period complies with the term selected by the customer. Afterwards, the contract period extends by the length of the first term if the customer or Planship do not terminate the contract in due time. When using Planship on a plan free of charge, the contract is concluded for an indefinite period.

5.5 When using Planship on a paid plan, the customer and Planship may terminate the contract at the end of the term selected by the customer, or if applicable, at the end of an extended term which has come into effect, within one (1) work day without stating a reason. When using Planship on a plan free of charge, the customer and Planship may terminate anytime without stating a reason. Termination can be performed via the customer’s administration panel within a Planship instance, or by e-mail, letter, or fax. For this, the customer’s e-mail address registered with Planship as well as the address of the Planship instance which ought to be terminated (sub-domain, alias or similar) has to be provided.

5.6 The provision of section 5.5 shall not affect the right of both parties to terminate the contract for good cause. Such a good cause includes violations of the present terms, the loss of or suspected abuse of access data, or any other good cause. A termination by Planship may be performed by deletion of the respective user account and of its associated contents.

5.7. The customer accepts that for technical reasons it may become neccesary for Planship to authorize (block and reserve) a small amount of maximum 1,00 EUR once on the credit or debit card provided by the customer. This amount will not be collected by Planship and gets unblocked about seven (7) work days later, depending on the rules of the bank which issued the card.

§6 Liability

6.1 Liability claims against Planship, its legal representatives or its vicarious agents – for any legal ground – are excluded.

6.2 The exclusion of section 6.1 does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations which must be met to achieve the goal intended by the contract (cardinal obligations). Property damage claims arising from Danish or international lasws shall also not be affected.

6.3 If liability against Planship is excluded, this also applies to the personal liabilities of the shareholders, the representatives, employees and vicarious agents of Planship and/or companies associated with Planship.

§7 Indemnification

7.1 The user shall indemnify and exempt Planship from all claims, including damage claims, asserted by other users or third parties against Planship resulting from an infringement of their rights by (a) any content posted by the user within a Planship instance, or – if the user is also a customer – by any content posted by any other user within the user’s Planship instance, or (b) by his usage of Planship , or – if the user is also a customer – by the usage of any other user of his Planship instance. The user bears any adequate expenses, including expenses for legal defense, resulting for Planship from the infringement of the rights of third parties.

7.2 Without prejudice to other provisions, any further rights and damage claims of Planship sustain.

§8 Exclusion of warranty

PLANSHIP GIVES NO WARRANTY, GUARANTEE OR LIABILITY AS TO THE QUALITY, TIMELINESS, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF PLANSHIP . IN PARTICULAR, PLANSHIP MAKES NO WARRANTY THAT (A) THE USE OF PLANSHIP IS SAFE, TIMELY, INTERRUPTION FREE, ERROR FREE, OR COMPATIBLE WITH ANY OTHER HARDWARE, SOFTWARE, ANY OTHER SYSTEMS OR DATA; (B) PLANSHIP MEETS THE USER’S REQUIREMENTS OR EXPECTATIONS; (C) STORED DATA IS ACCURATE OR UP-TO-DATE; (D) ERRORS OR DEFECTS WILL BE REMEDIED; OR (E) PLANSHIP OR THE SERVERS, PLANSHIP IS MADE AVAILABLE ON, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PLANSHIP AND ANY CONTENT IS PROVIDED “AS IS”. PLANSHIP DISCLAIMS ANY CONDITIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, LEGAL OR OTHER, INCLUDING WITHOUT LIMITATION, IMPLIED MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS, EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING WARRANTIES MAY NOT BE WAIVED OR EXCLUDED.

§9 Data privacy

9.1 Planship uses personal data provided by the user such as name, address, phone number, fax number, credit card and bank account details, or e-mail address only when neccessary to ensure the operation of Planship .

9.2 Personal data from users will not be made available to third parties by Planship as long as the user did not authorize it or legal requirements apply.

9.3 Planship users have the ability to share data and content with other users via Planship . They also have the ability to make data and content public on the general Web. All data and content which a user uploads or stores within a Planship instance will not be shared by Planship with any third party unless directed by the respective user. However, Planship can not be held responsible if a breach in confidentiality is caused by misconfiguration from the customer or a user to which permissions have been granted by a customer or user.

§10 Final provisions

10.1 Planship reserves the right to amend these terms at any time, without giving reasons. The user will be notified about the amendments in due time and informed about his right of objection. If the user does not object the applicability of the updated terms within six (6) weeks after receipt of the notification, the amended terms are deemed to be accepted by the user.

10.2 If parts of these terms are invalid and/or unenforceable for any reason, the remaining provisions shall remain intact and enforceable to the fullest extent permitted by law.

10.3 These terms shall be governed by Danish Law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The courts of Copenhagen shall have exclusive jurisdiction.