Terms & conditions
1. WEBSHIPPER ApS
1.1. These Terms and Conditions apply to all agreements, including agreements on subscriptions, products, and services, that are concluded between you (after this: “the customer”) and WEBSHIPPER ApS, CVR No. 35668934, Søndergade 2B 1. 8600 Silkeborg, e-mail: email@example.com, phone + 45 8987 8315.
2. WEBSHIPPER and the customer’s access to the online systems
2.1. WEBSHIPPER is an online subscription-based service for automating the customer’s shipping processes.
2.2. The service consists of WEBSHIPPER ApS’ online systems receiving information and data from the customer regarding shipments for further automation and handling of the customer’s freight processes. This includes communication with and booking of the customer’s freight suppliers as well as generating parcel labels (label with shipping information that the customer attaches to parcels).
2.3. The customer is granted access to use the services and the software associated with the WEBSHIPPER solution for the duration of the subscription period.
3. Subscription types
3.1. The different types of subscriptions contain a maximum number of shipments and use of workstations, etc., per subscription period.
3.2. Additional shipments and workstations, as well as other extensions or added purchases, are priced in the customer’s agreement with WEBSHIPPER ApS.
3.3. The subscription types and the various parameters for calculating the subscription price can be found at webshipper.com/pricing/
4. Subscription period and invoicing
4.1. The duration of a subscription period is 30 days unless otherwise agreed in writing.
4.2. The subscription fee is invoiced before the upcoming subscription period.
4.3. If it subsequently turns out that the customer’s usage during the subscription period in question has been greater than what is included in the type of subscription chosen and/or agreement, the customer will be invoiced for such additional use, including additional shipments, expansions, and other additional purchases.
5A. Exceeding the maximum number of shipments (WEBSHIPPER v1)
5A.1. This Section 5A applies if the customer uses version 1 of the WEBSHIPPER platform.
5A.2. If the maximum number of shipments per subscription period is exceeded within the current subscription period, the customer’s subscription type will automatically be upgraded to the next subscription type that allows more shipments.
5A.3. When the customer’s subscription type is upgraded under Section 5A.2 due to exceeding the maximum number of shipments per subscription period, the customer will, going forward, be invoiced the current subscription price for the upgraded subscription type, which applies at the time the upgrade enters into force.
5A.4. When the customer’s subscription type is upgraded under Section 5A.2, the upgraded subscription commences, and the current number of shipments used is reset, starting with the day when the maximum number of shipments per subscription period for the previous subscription type was exceeded. The new billing periods for the upgraded subscription type also commence from the day on which the maximum number of shipments per subscription period for the previous subscription type was exceeded.
5A.5. The full subscription price is paid for the previous subscription period, during which the maximum number of shipments was exceeded, even if the said period has not expired. Therefore, the customer will receive a closing invoice related to the previous subscription type.
5B. Exceeding the maximum number of shipments or the use limit (WEBSHIPPER v2)
5B.1. This Section 5B only applies if the customer uses version 2 of the WEBSHIPPER platform.
5B.2. In the event of exceeding the maximum number of shipments per subscription period, additional payments will be charged for such additional shipments for the subscription period in question.
6. Consultancy assistance
6.1. WEBSHIPPER ApS can offer consultancy assistance to the customer in addition to regular support, including for setting up the services, training, and other sparring related to the organisation of the customer’s business processes in relation to the optimisation of order and shipping flows.
6.2. If WEBSHIPPER ApS is to provide consultancy assistance to the customer, a description is prepared and further agreed in relation to payment and, where appropriate, the time and delivery schedule.
7. Duration and termination
7.1. A subscription begins from the date on which WEBSHIPPER ApS receives the customer’s acceptance of the subscription agreement. For trial subscriptions, the subscription begins when the customer activates the trial subscription.
7.2. Where one of the parties terminates the subscription agreement in accordance with Section 7.3, the subscription shall be terminated at the end of the subscription period. Trial subscriptions automatically expire at the expiry of the trial subscription.
7.3. The subscription agreement may be terminated by the customer or WEBSHIPPER ApS with a notice of 14 days until the end of the subscription period unless otherwise agreed.
7.4. The termination of an agreement on consultancy assistance may be terminated with written notice of 10 days before the work is to begin.
7.5. Any termination by either party must be in writing to be valid, and the period of notice shall be calculated from the day on which the other party has received the notice of termination.
8. Prices and special agreements
8.1. The current subscription price and the prices of any purchases are stated in the customer’s agreement with WEBSHIPPER ApS.
8.2. If the customer wishes to purchase services that are not included in the subscription price and are not separately priced, the price is specifically agreed with WEBSHIPPER ApS before the service is provided.
8.3. All prices are excluding VAT unless otherwise specified. All transactions paid by credit card or debit card shall be added a fee equal to the fee paid to the payment service provider. All payments made by bank transfer will be subject to a fee of DKK 50.
9. Responsibilities and defects
9.1. WEBSHIPPER ApS issues no warranty and limits its liability to the customer to an amount that can never exceed the remuneration paid by the customer for the subscription and other services during the 12 months prior to the damage occurring and, in any case, a maximum of DKK 10,000.
9.2. Regardless of the degree of negligence, Webshipper ApS is not liable for any indirect loss or consequential damage, including, but not limited to, operating losses, profit losses, time losses, data loss, loss of goodwill, failure to achieve expected savings, etc.
9.3. In the case of defects or delays, WEBSHIPPER ApS is entitled to remedy or redeliver within a reasonable period, including having this carried out by service partners or subcontractors.
10. Intellectual property rights
10.1. All intellectual property rights to the WEBSHIPPER system, including the related software, belong to WEBSHIPPER ApS or its affiliates.
10.2. The customer may not copy, disseminate, divide, modify, or prepare derivative works of the software associated with the WEBSHIPPER solution. Also, no decompilation, reverse engineering, or any other attempt shall be made to extract the source code of the software, updates to it, or parts thereof. Attempts to do so constitute a significant infringement upon the intellectual property rights of WEBSHIPPER ApS.
10.3. WEBSHIPPER ApS is entitled to use the customer’s name and logo in a reference context on all web pages owned by WEBSHIPPER ApS unless otherwise agreed.
11. Transfer of the subscription
11.1. The customer may not transfer a subscription to a third party. Furthermore, the related software may not be used on devices that are not owned or controlled by the customer.
11.2. Notwithstanding the above, the customer may be entitled to have its own customers access to the service in order to make it available to others (white label). This presupposes that WEBSHIPPER ApS has granted the customer written permission to do so.
12.1. These Terms and Conditions may be amended by WEBSHIPPER ApS without notice in the case of minor changes. Such changes apply from the time they are announced at webshipper.com.
12.2. Amendments not covered by Section 12.1 shall be notified by WEBSHIPPER ApS at least 30 days before entry into force. Such notice can be made by announcing it at webshipper.com. Therefore, the customer is encouraged to stay regularly informed of any changes.
13. Choice of law and jurisdiction
13.1. These Terms and Conditions are governed by Danish law.
13.2. Any claim and dispute arising from or otherwise associated with these Terms and Conditions, the parties must strive to resolve by negotiation. If the parties are unable to reach an agreement, the dispute must be decided by the Court of First Instance in Aarhus.