Minuba agreement and terms of service
This agreement is valid for the period specified on the order confirmation from the date of entry into force. The agreement shall be renewed on expiration, automatically, for 12 months, until one of the parties notifies the other party that it no longer wishes to continue the cooperation, but at least 14 days prior to the expiration of the applicable period. After the expiry of the satisfaction guarantee, prepaid subscriptions will not be refunded.

Secrecy and confidentiality
Minuba ApS has a duty to maintain confidentiality regarding all conditions related to the customer in connection with the delivery of the product, unless this relates to agreed disclosure to third parties.

This duty of confidentiality also applies after the termination of the agreement. Both parties agree, notwithstanding the termination of the agreement, to in no way transmit any kind of sensitive information concerning the opposing party including, but not limited to, customer and case information, business relationships and other affiliation with the opposing party, including persons, companies or other organizations.

Minuba service level – Availability, Security, Back-up and Updates
Minuba is internet-based and only works with internet access. The customer is responsible for ensuring access to the Internet.

It is guaranteed that Minuba will have a minimum availability of at least 99.7% outside of the normal service windows for a 12 month period. Minuba ApS updates Minuba on an ongoing basis, and reserves the right to use a normal service window on the second Thursday of the month, between 18:00 and 24:00 (UTC + 1). If availability is less, the customer is entitled to a refund equal to an amount proportional to the period during which the system has not been available. Compensation can never exceed the amount that the customer has already paid for Minuba within the last 12 month period.

Data back-up is undertaken on a daily basis. In the event that the customer loses its data, it is possible to recover data from every day of the last week and then from each week (Sunday) for the last 2 months.

If the customer wishes to re-establish his own data, Minuba ApS will charge a fee according to current rates.

Property rights and copyright
Minuba ApS has the property rights and copyright to Minuba. This agreement gives the customer the right to use Minuba. The customer may not transfer Minuba or related material to any third party unless specifically specifically agreed upon in writing. Upon completion of the cooperation, Minuba ApS is obliged to destroy all material submitted by the customer. The customer is responsible for ensuring that the data that the customer places with Minuba ApS, does not infringe third party rights. The customer has ownership of his own data in Minuba. The customer’s data can therefore not be included as an asset in connection with Minuba ApS’s possible suspension of payments, bankruptcy proceedings, compulsory resolution or similar. The trustee, administrator or other authorized clerk must therefore ensure that the customer is given his data without undue delay.

Customer Responsibilities
The customer is solely responsible for any activity that takes place using the customer’s accounts, including remembering to log out after use.

The customer shall promptly inform Minuba ApS of any unauthorized use of the customer’s password or accounts, as well as any other form of security breach that the customer is aware of or suspects. Likewise, the customer shall, as best he can, immediately seek to stop any improper copying and distribution of content, provided that the customer is aware of this.

Minuba ApS is not responsible for any unauthorized access to, or modification of, the customer’s transmissions or data, material, information or data sent or received, regardless of the data being received by Minuba ApS, as well as any transaction entered into Minuba.

Limitation of Liability
Minuba ApS’s liability for damages is limited to an amount equal to the amount already paid or payable for use of the product over a period of 12 months.

Neither party is liable to the other party in respect of indirect damages, consequential damages or special damages, including loss of profits, loss of data or claims from any third parties. This limitation of liability applies regardless of the cause of the problem, including, but not limited to, negligence. This liability limitation clause does not limit the compensation clause described below.

Delays
Minuba ApS is not responsible for delays caused by other suppliers or the customer’s other circumstances, nor delays due to force majeure or external circumstances beyond Minuba ApS’s control.

Termination
Either party may terminate this agreement with immediate notice as a result of breach of this agreement by the other party if the other party has not been able to rectify the error within 30 days of submission of a written claim of breach of contract. An exception is for non-payment by the customer, whereby Minuba ApS may terminate the contract if the customer has not fully settled the outstanding balance within 10 days of a reminder being sent; Minuba ApS may suspend or terminate the customer’s contract with immediate notice so that the customer no longer has access to the system.

If the customer wishes to reverse such a suspension of service in order to re-access the system, the customer must have settled the balance in full and the customer shall pays a re-establishment fee.

Upon termination of the agreement, the customer’s access to Minuba will be withdrawn on the termination date. Regardless of the reason for termination of this agreement, the customer may request, for a fee, to have printouts or files with the customer’s data at Minuba returned.

Disputes and Discrepancies
If this agreement gives rise to disagreement between the parties, these should be resolved in the best interest. In the event that an amicable solution cannot be reached, disagreements shall be settled according to Danish law, with the Maritime and Commercial Court as the agreed legal venue.