Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Hosted Services and related services shall be governed by these Terms and Conditions, and the Provider will ask the Customer for the Customer’s express written acceptance of these Terms and Conditions before providing any such services to the Customer.
“Account” means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;
“Affiliate” means an entity that Controls, is controlled by, or is under common Control with the relevant entity;
“Agreement” means a contract between the parties incorporating these Terms and Conditions, and any amendments to that contract from time to time;
“Business Day” means any weekday other than a bank or public holiday in Denmark;
“Business Hours” means the hours of 09:00 to 17:00 CET on a Business Day;
“Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” should be construed accordingly);
“Customer” means the person or entity identified as such during the signup;
“Customer Confidential Information” means:
“Customer Data” means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Services by the Customer;
“Customer Indemnity Event” has the meaning given to it in Clause 17.3;
“Customer Personal Data” means Personal Data that is processed by the Provider on behalf of the Customer in relation to the Agreement;
“Documentation” means the documentation for the Services produced by the Provider and delivered or made available by the Provider to the Customer (available at https://printix.net/Manuals);
“Effective Date” means the date following the Customer completing and submitting the online Services Order Form published by the Provider on the Provider’s website.
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars); “Services Defect” means a defect, error or bug in the Platform having an adverse effect on the appearance, operation, functionality or performance of the Services, but excluding any defect, error or bug caused by or arising as a result of:
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Maintenance Services” means the general maintenance of the Platform and Services, and application Updates and Upgrades;
“Personal Data” has the meaning given to it in the Data Protection Act 1998;
“Platform” means the platform managed by the Provider at the URL printix.net and used by the Provider to provide the Services, including the application and Desktop Client software for the Services, the system and server software used to provide the Services, and the computer hardware on which that application, database, system and server software is installed;
“Provider” means Printix.net Aps, a company incorporated in Denmark (registration number 36086416) having its registered office at Hørkær 20, 2730 Herlev, Denmark;
“Provider Indemnity Event” has the meaning given to it in Clause 17.1;
“Services” means any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under these Terms and Conditions;
“Services Defect” means a defect, error or bug in the Platform having an adverse effect on the appearance, operation, functionality or performance of the Services, but excluding any defect, error or bug caused by or arising as a result of:
“Support Services” means support in relation to the use of, and the identification and resolution of errors in, the Services, but shall not include the provision of training services;
“Supported Web Browser” means the current release from time to time of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees in writing (at http://manuals.printix.net/administrator) shall be supported;
“Term” means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
“Terms and Conditions” means all the documentation containing the provisions of the Agreement, the main body of these Terms and Conditions and the Schedules, including any amendments to that documentation from time to time;
“Update” means a hotfix, patch or minor version update to any Platform software; and
“Upgrade” means a major version upgrade of any Platform software.
“Written notice” can be in the form of a letter and an email.
and the Provider’s obligation to indemnify the Customer under Clause 15.1 shall not apply unless the Customer complies with the requirements of this Clause 15.2.
and the Customer’s obligation to indemnify the Provider under Clause 15.3 shall not apply unless the Provider complies with the requirements of this Clause 15.4.
without prejudice to the parties’ other legal rights.
providing that if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.