Indsatser: salgs- og leveringsbetingelser
En indsats, som for de fleste virksomheder blot kræver et par mindre tilretninger, er salgs- og leveringsbetingelserne hvor det også er nødvendigt at bruge lidt energi på at sikre at din virksomhed lever op til forordningen.
Forordningen understreger såvel i betragtningerne som flere steder i artiklerne, at din kommunikation med modtageren/kunden/forbrugeren skal være letforståelig, enkel og tilgængelig. Det er sjældent at salgs- og leveringsbetingelser leverer på denne præmis, måske især fordi de som regel er skrevet af jurister ;)
Her i det følgende vil jeg gennemgå en sådan en af slagsen, men hvor virksomheden har lavet, hvad jeg finder er en slags geni-streg: de har indføjet en "menneskelig" sætning, før hvert afsnit! Det er på engelsk, og jeg har ikke oversat den, men det specifikke indhold er ikke så exceptionelt vigtigt, som anslagene, organiseringen, de enkelte afsnit, osv
FullStory, Inc. (“FullStory,” “we,” “us” or “our”) and the person or entity agreeing to these terms (“Customer” or “you”) would like to set out the general terms and conditions for (i) you to access and use the FullStory Services and provide Customer Data to FullStory and (ii) FullStory to provide the Services to you and use the Customer Data when performing the Services.
BY CLICKING ACCEPT TERMS, YOU ARE AGREEING TO THE TERMS IN THIS AGREEMENT. Customer and FullStory agree that this Agreement along with Customer’s order for the Services (“Order”) is effective on the date Customer orders the Services by clicking the “Accept” button as part of the ordering process, and accepts these terms. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to commit the entity to the Agreement and the term “Customer” or “you” will refer to that entity. If you do not have this authority, are under the age of 18 or if you do not agree with the Agreement, you must not select the “Accept” button or accept these terms and you may not access or use the Services.
In addition to the terms otherwise defined in this Agreement or an Order, the following terms have the definitions below:
1.1. "Customer Data” means any content, data, information or material that is recorded by, submitted to or stored by, the Services, including, but not limited to, Personal Data.
1.2. “Personal Data” means all information relating to a person that identifies such person or could reasonably be used to identify such person, including but not limited to, as first and last name, home address, billing address, or other physical address, email address, telephone number and Sensitive Data, if any.
1.3 “Sensitive Data” means any information that: (a) requires a high degree of protection by law and where loss or unauthorized disclosure would require notification by Customer to government agencies, individuals or law enforcement, (b) any information that, if made public, could expose individuals to a risk of physical harm, fraud, or identity theft. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted regarding data protection or privacy, including, but not limited to, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act and the Gramm-Leach-Bliley Act
1.4. “Services" means the content, features, functionality, tools, data, software applications and APIs provided by FullStory via http://fullstory.com and/or other designated websites as described in the User Guide, that are ordered by Customer in an Order, as updated from time to time.
1.5. "User Guide" means the online user guide for the Services accessible at help.fullstory.com, as updated from time to time.
1.6. "Users" means individuals who are authorized by Customer to use the Services, for whom subscriptions to the Services have been purchased under an Order, and who have been supplied user identifications and passwords by Customer (or by FullStory, at Customer’s request). Users may include Customer’s employees, consultants, contractors and agents or third parties with which Customer transacts business.
Subject to the terms and conditions of this Agreement and the Order, ...
Når man får at vide, at FullStory er en web service, der fungerer som en VCR på din hjemmeside, såhhh synes jeg måske paragraf 3 bliver leeeet ulden!
4.1. Confidential Information. Each party...
Except as permitted ...
Customer acknowledges that FullStory ...
Subject to the terms of this Agreement, FullStory will provide Customer with reasonable technical support services in accordance with FullStory’s standard support offering. Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform you if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Service.
Intellectual Property Ownership.
7.1. FullStory IP. Except for the limited right to access and use the Services under this Agreement and the applicable Order, Customer acknowledges and agrees that, as between the parties, FullStory (or its licensors) hav...
Privacy & Security; Disclosure.
Payment of Fees.
9.1. Fees. The Services are offered on a subscription basis...
Term and Termination
10.1. Term. This Agreement will commence on ...
Det gælder disclaimers, warranty, indemnification, liability (11-13)
Representations & Warranties and Disclaimers.
11.1. Reps and Warranties. Each party represents ..
12.1. Customer’s Indemnification of FullStory. Customer will indemnify, defend and hold harmless FullStory and ...
Limitation of Liability.
YOU AGREE THAT FULLSTORY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, NO MATTER THE THEORY OF LIABILITY, WILL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES PAID OR OWED BY CUSTOMER ...
Special Terms for Government Customers.
If Customer is a U.S. government entity, Customer agrees that the FullStory Products and any documentation provided by FullStory are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to Defense Federal Acquisition Regulation Supplement, codified under Chapter 2 of Title 48, United States Code of Federal Regulations, Section 227.7202, and Federal Acquisition Regulation, codified in Title 48 of the United States Code of Federal Regulations, Section 12.12. Any use, modification, reproduction, release, performance, display, or disclosure of the FullStory Products or documentation by the United States Government is governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.
Forum of Dispute.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jur....
Any notice under this Agreement must be given in writing. FullStory may provide notice to you via email or through your account. FullStory’s notices to you will be deemed given upon the first business day after we send it. You may provide notice to us by post to FullStory, Inc., 120 Ottley Drive NE, Suite 100, Atlanta, GA 30324, Attn: Legal. Your notices to us will be deemed given upon our receipt.
Customer agrees that it will not assign this Agreement without the prior written consent of FullStory. FullStory may assign our rights and obligations under this Agreement (in whole or in part) without your consent. Any attempted assignment in violation of this Section will be void.
18.1. Publicity. We may identify you as an FullStory customer in our promotional materials. You may request that...
de næsten 200 præambler som kommer som en slags indledning til forordningen ↩︎