Terms & Conditions


Terms and conditions version 4.0 is effective as of the 29th of October 2018.

The current terms and conditions apply to agreements entered into with WEBSHIPPER ApS.

1. WEBSHIPPER ApS

1.1. The agreement is entered into between you (hereinafter referred to as “the Customer”) and WEBSHIPPER ApS, company registration no. DK35668934, Lyngbygade 8, 8600 Silkeborg, e-mail: info@webshipper.com, tel. + 45 71993801.

2. WEBSHIPPER and licensing rights, and the use of the Customer as a reference

2.1. WEBSHIPPER is a subscription-based online service for the automation of freight processes for the Customer.

2.2. The service functions by WEBSHIPPER ApS’ online systems receiving information and data from the Customer regarding consignments for further automation and handling of the Customer’s freight processes. This includes, among other things, communicating and making bookings with the Customer’s freight suppliers, as well as the generation of shipping labels (labels with shipping information that the Customer applies to parcels).

2.3. These terms and conditions shall apply to all subscriptions, products and services by WEBSHIPPER ApS, as well as to free trial periods, with due regard to free trials being offered without any costs.

2.4 The Customer only holds a license to use the services and software associated with the WEBSHIPPER solution for the duration of the subscription period.

2.4.1. All intellectual property rights to the WEBSHIPPER system and the associated software, as well as any hardware, are the exclusive property of WEBSHIPPER ApS.

2.4.2. The Customer cannot transfer the subscription plan and the associated license to a third party. Furthermore, the Customer may not use the associated software on devices that are not owned or controlled by the Customer.

2.4.3. The Customer may not copy, redistribute, split, modify or produce derivative works of the software associated with the WEBSHIPPER solution. Furthermore, the Customer may not decompile, reverse engineer or in any other way attempt to obtain the source code for the software, updates for the software or parts thereof. Any attempts made in this regard shall constitute a breach of the intellectual property rights of WEBSHIPPER ApS.

2.5. The Customer gives consent for WEBSHIPPER ApS to collect and make use of technical, non-personally identifiable data and related information, including, but not limited to, information about the Customer’s devices, systems and software, in order to perform upgrades, improve the product, product support or other services.

2.6. The Customer gives consent for WEBSHIPPER ApS to make use of the Customer’s name and logo on all websites owned by WEBSHIPPER ApS for reference purposes.

3. Subscription plans

3.1. A subscription period shall last for 30 days.

3.2. The BUSINESS, PRO, PRO PLUS, PRO PREMIUM and ENTERPRISE subscription plans include a maximum number of consignments per subscription period, which can be used for the duration of the current subscription period. Furthermore, the aforementioned subscription plans have a usage cap on how many order channels, users, carriers and printers the Customer can configure without any additional costs.

3.3. The pricing of any additional consignments, order channels, users, carriers and printers, as well as any other extensions or additions, shall be set by contract between the Customer and WEBSHIPPER ApS.

3.4. The UNLIMITED subscription plan includes a minimum number of consignments per subscription period to be billed regardless of the actual number of consignments made. Furthermore, this subscription plan does not set any limitation on the number of consignments, order channels, users, carriers and printers that can be configured.

3.5. The pricing of an UNLIMITED subscription plan shall be set by contract between the Customer and WEBSHIPPER ApS.

4. Billing and billing periods

4.1. BUSINESS, PRO, PRO PLUS, PRO PREMIUM and ENTERPRISE subscriptions are billed retrospectively in 90-day billing periods. On the day following the end of every third consecutive 30-day subscription period, the Customer will be issued with an invoice relating to the previous three subscription periods as well as any additional consignments, extensions and other additions for the duration of the billing period.

4.2. UNLIMITED subscriptions are billed retrospectively in 30-day billing periods. On the day following the end of every 30-day subscription period, the Customer will be issued with an invoice relating to the previous subscription period as well as any additional consignments, extensions and other additions for the duration of the billing period.

4.3. If the minimum number of consignments in an UNLIMITED subscription is not reached during the current subscription period, the Customer shall be billed at a rate corresponding to the cost of the minimum number of consignments for the relevant subscription period.

4.4. The billing periods shall form the basis for calculating the notice period according to paragraph 6.4.

5A. Exceeding the maximum number of consignments (WEBSHIPPER v1)

5A.1. This clause shall apply if the Customer uses version 1 of the WEBSHIPPER platform.

5A.2. If the maximum number of consignments per subscription period is exceeded during the current subscription period, the Customer’s subscription will automatically be upgraded to the next higher subscription plan.

5A.2.1. If the maximum number of consignments in a BUSINESS subscription is exceeded during the current subscription period, the Customer’s subscription will automatically be upgraded to a PRO subscription.

5A.2.2. If the maximum number of consignments in a PRO subscription is exceeded during the current subscription period, the Customer’s subscription will automatically be upgraded to a PRO PLUS subscription.

5A.2.3. If the maximum number of consignments in a PRO PLUS subscription is exceeded during the current subscription period, the Customer’s subscription will automatically be upgraded to a PRO PREMIUM subscription.

5A.2.4. If the maximum number of consignments in a PRO PREMIUM subscription is exceeded during the current subscription period, the Customer’s subscription will automatically be upgraded to an ENTERPRISE subscription.

5A.2.5. If the maximum number of consignments in an ENTERPRISE subscription is exceeded during the current subscription period, the Customer will be contacted by WEBSHIPPER ApS with a view to negotiate an upgrade to an UNLIMITED subscription.

5A.3. When the Customer’s subscription has been upgraded due to the maximum number of consignments per subscription period having been exceeded, the Customer shall be billed, going forward, at the most recent rate of the upgraded subscription at the time of the upgrade taking effect.

5A.3.1. When upgrading to an UNLIMITED subscription, the Customer’s volume of consignments shall form the basis for the setting of a fixed price per consignment.

5A.4. When the Customer’s subscription has been upgraded in accordance with paragraph 5A.2, the upgraded subscription shall be valid, and the current number of consignments made reset to zero, as of the day when the maximum number of consignments for the previous subscription plan was exceeded. The billing periods for the upgraded subscription, of either 90 or 30 days (depending on the subscription plan as per clause 4), shall similarly be valid as of the day when the maximum number of consignments for the previous subscription plan was exceeded.

5A.5. The full amount due for the previous subscription period, in which the maximum number of consignments was exceeded, must be paid regardless of it not having expired. The Customer shall thus be issued with a final invoice relating to the previous subscription plan.

5A.6. When the Customer’s subscription has been upgraded due to the maximum number of consignments per subscription period having been exceeded, the basis for calculating the notice period under paragraph 6.4 shall be the billing periods of the upgraded subscription and likewise for any subsequent upgrades.

Furthermore, there shall be no additional non-cancellation period under paragraph 6.3, and the existing non-cancellation period shall continue to be calculated from the date of the receipt by WEBSHIPPER ApS of the Customer’s acceptance of the initial subscription agreement.

5B. Exceeding the maximum number of consignments or the usage cap (WEBSHIPPER v2)

5B.1. This clause shall apply if the Customer uses version 2 of the WEBSHIPPER platform.

5B.2. If the maximum number of consignments per subscription period in a BUSINESS, PRO, PRO PLUS, PRO PREMIUM or ENTERPRISE subscription plan is exceeded, a fee will be charged for the relevant subscription period for every additional consignment.

5B.3. If the usage cap in a BUSINESS, PRO, PRO PLUS, PRO PREMIUM or ENTERPRISE subscription plan is exceeded, the recurring cost of any additional order channels, users, carriers and printers shall be added to the regular price of the subscription plan.

6. Duration and cancellation

6.1. The subscription shall commence on the date of the receipt by WEBSHIPPER ApS of the Customer’s acceptance of the subscription agreement. In the case of trial subscriptions, the subscription shall commence upon the activation of the trial subscription by the Customer.

6.2. When one of the parties cancel the subscription agreement in accordance with paragraphs 6.3, 6.4 and 6.6, the subscription shall be valid until the expiration of the specified notice period with due regard to the non-cancellation period. Trial subscriptions shall automatically expire at the end of the trial subscription.

6.3. The subscription cannot be cancelled on the part of the Customer for the duration of the first 360 days of the subscription period. Therefore, the Customer cannot give notice of cancellation until the subscription has been valid for 360 days.

6.4. After the expiration of the non-cancellation period, the Customer may cancel the subscription with a notice corresponding to the expiration of the current billing period plus 90 days.

Example: After the expiration of the non-cancellation period, a BUSINESS subscription is cancelled by the Customer when there are 35 days remaining of the current 90-day billing period: The subscription will terminate upon the expiration of the remaining 35 days of the current billing period plus 90 days, i.e. the subscription is terminated 125 days after WEBSHIPPER ApS has received the notice of cancellation.

6.5. WEBSHIPPER ApS may cancel the subscription at any point with a notice period corresponding to the expiration of the current billing period plus 90 days.

6.6. A notice of cancellation must be given in writing by both parties (an oral cancellation shall not constitute a valid cancellation). The notice period shall be calculated from the date of receipt of the notice of cancellation by the opposite party.

7. Pricing and special agreements

7.1. The pricing of the current subscription plan, as well as of any additions, shall be specified by contract between the Customer and WEBSHIPPER ApS.

7.2. If the Customer wishes to purchase any additional services which are not included in the current subscription plan, and have not had a price set by contract between the Customer and WEBSHIPPER ApS, the price must be agreed in advance with WEBSHIPPER ApS before the service can be delivered.

7.3. All prices are exclusive of VAT unless otherwise stated. A fee corresponding to the amount paid to the payment provider shall be  added to all transactions made via credit card or debit card. Payments made via bank transfer shall be subject to a fee of DKK 50.

8. Liability and defects

8.1. WEBSHIPPER ApS offers no warranties and any liability towards the Customer shall be limited to an amount corresponding to the subscription fees paid by the Customer with a maximum of DKK 10.000 (TEN THOUSAND).

8.2. WEBSHIPPER ApS shall under no circumstance, regardless of any degree of negligence, be liable for any incidental, indirect, special, consequential or punitive damages including, but not limited to, loss of business, revenue, profits, time, goodwill, data or anticipated savings.

8.3. WEBSHIPPER ApS shall be entitled to provide any remedies or replacements through service partners.

9. Personal data regulations. – The relationship between the Customer as the Data Controller and WEBSHIPPER ApS as the Data Processor

9.1. The service provided by WEBSHIPPER ApS is a platform for automating freight processes for the Customer and as a natural part of this, WEBSHIPPER ApS processes various types of personal data on behalf of the Customer. This pertains to data about the Customer’s own customers, i.e. data relating to the persons who are the recipients of the Customer’s consignments.

This clause concerns the relationship between the Data Controller (the Customer) and the Data Processor (WEBSHIPPER ApS) in regard to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “the General Data Protection Regulation”).

9.2 Processed personal data.

9.2.1. The Data Processor, as part of the WEBSHIPPER subscription, has access to process the following on behalf of the Data Controller:

The names and addresses of the recipients.

Information about the individual types of goods to be shipped, as well as the value/price of the goods.

9.3. The purpose and scope of the processing of personal data.

9.3.1. As an integral part of the Data Processor’s position as the provider of a subscription-based solution for handling the Data Controller’s freight processes, the Data Processor will process and store personal data. Furthermore, the Data Controller will exchange the processed personal data with relevant third parties in the form of the freight companies which the Data Controller uses and potentially customs authorities.

9.3.2. The purpose of the processing of personal data is to manage the freight processes of the Data Controller.

9.3.3. The Data Processor may only process personal data to the extent necessary for the operation of the Data Controller’s WEBSHIPPER subscription with the Data Processor and/or if the Data Processor is required by law to do so for other reasons.

9.3.4. The freight companies to which personal data is transferred, as part of this agreement, are the data processors of the Customer and not the data processors of WEBSHIPPER ApS. In this regard, WEBSHIPPER ApS acts only as an intermediary between the Customer and the existing data processors of the Customer.

9.4. Obligations of the Data Processor

9.4.1. The Data Processor may only process the personal data in question in accordance with the instructions of the Data Controller, i.e. the instructions contained in the WEBSHIPPER solution under which the Data Processor shall manage freight processes for the Data Controller.

9.4.2. The Data Processor shall be obliged to comply with any applicable legislation regarding personal data. Furthermore, the Data Processor shall immediately notify the Data Controller if an instruction from the Data Controller is, in the view of the Data Processor, contrary to the General Data Protection Regulation or Danish law on personal data more broadly.

9.4.3. The Data Processor shall use appropriate technical and organisational security measures to ensure that personal data is not destroyed, lost, degraded, disclosed to unauthorised entities, misused or otherwise processed in breach of legislation regarding personal data. To this end, the Data Processor shall implement the measures necessary pursuant to article 32 of the General Data Protection Regulation.

9.4.4. The Data Processor shall be obliged to inform the Data Controller, without undue delay, of any breach of data security. In this regard, the Data Processor shall inform the Data Controller of:

  • The nature of the security breach.
  • If possible, the type and number of affected data subjects, as well as the type of personal data concerned and the number of records of personal data concerned.
  • The measures that the Data Processor has taken or proposes to be taken to deal with the security breach, including, where appropriate, measures to limit its potential adverse effects.
  • The possible consequences of the security breach.

9.4.5. The Data Processor shall, at the request of the Data Controller, provide the Data Controller with sufficient information to ensure that the Data Processor has taken the necessary technical and organisational security measures.

9.4.6 The Data Processor shall provide all the information necessary to demonstrate that the Data Processor complies with article 28 of the General Data Protection Regulation, whereby the Data Processor shall allow and contribute to audits, including inspections carried out by the Data Controller or another auditor authorised by the Data Controller. All inspections and audits shall take place at the cost of the Data Controller.

9.4.7. The Data Processor shall make sure that the individuals who are authorised by the Data Processor to handle personal data have committed themselves to confidentiality or are bound by an appropriate statutory professional secrecy obligation.

9.4.8. If the Data Processor receives a request from a data subject for access and insight into the data subject’s personal data, the Data Processor shall immediately forward the request to the Data Controller.

9.4.9. The Data Processor shall provide the Data Controller with appropriate technical and organisational assistance to enable the Data Controller to fulfill its obligations to respond to requests from data subjects to exercise the rights specified in Chapter III of the General Data Protection Regulation.

9.5. Special provisions on the transfer of information to sub-processors or third parties.

9.5.1. As an integral part of the WEBSHIPPER solution, the Data Processor shall be entitled to exchange personal data with other data processors of the Data Controller in the form of freight companies. The Data Processor shall also be entitled to exchange personal data with customs authorities.

9.5.2. In all other cases, the Data Processor may only exchange personal data with third parties or sub-processors with the prior consent of the Data Controller. The Data Processor may, however, exchange personal data without the prior consent or instruction of the Data Controller if permitted or required by law.

9.5.3. If the Data Processor entrusts personal data to another data processor, i.e. a sub-processor, the Data Processor shall be obliged to conclude a sub-processor agreement whereby the sub-processor shall be subject to terms which shall, at a minimum, be identical to the provisions of clause 9 of this agreement.

9.5.4. The Data Processor must notify the Data Controller if the Data Processor plans to appoint or replace one or more sub-processors.

9.5.5. The Data Processor may only transfer personal data to a third country which the European Commission has declared as offering adequate levels of data protection.

9.5.6. If personal data is transferred to sub-processors located outside the European Union and the European Economic Area, the sub-processor agreement required by paragraph 9.5.3 must explicitly oblige the sub-processor to comply with the General Data Protection Regulation, as well any as other legislation regarding personal data. Furthermore, this requirement shall also apply to sub-processors located in countries within the European Union or the European Economic Area where specific requirements for the processing of personal data have been laid down by law.

9.6. Duration of data processing

9.6.1. The processing of personal data pursuant to this agreement shall take place until the termination of the subscription.

9.6.2. In the event of the termination of the subscription, the Data Processor shall be bound by this agreement for as long as the Data Processor has access to personal data originating from the Data Controller.

9.6.3. In the event of the termination of the subscription, the Data Processor shall be required to delete all potential copies of the personal data with due regard to paragraph 9.6.4.

9.6.4. In accordance with the Danish Bookkeeping Act, the Data Processor is obliged to store the relevant personal data pertaining to all consignments for up to five years in order to be able to document the services and consignments covered by the subscription payments. After five years, the personally identifiable data will be deleted in that only the types of goods, value/price and recipient country will be archived, while any other information (such as the names and addresses of the recipients) will be deleted.

10. Jurisdiction

10.1. This agreement shall be governed by Danish law.

10.2. Any claim or dispute arising from, or in relation to this agreement shall be attempted to be resolved by the parties through negotiation. If the parties cannot reach an amicable agreement, the dispute shall be settled in the first instance by the District Court of Aarhus.