TOGI Data Terms and conditions

The following general TOGI Data terms and conditions are the at any time applicable terms and conditions regarding trade with TOGI Data ApS and they are applicable to the extent that one or more provisions are not separately verified by TOGI Data ApS. We reserve the right to change or modify current terms and conditions without prior notice.

This site, https://togidata.com, is owned and operated by TOGI Data ApS.

Additional information about TOGI Data ApS:

TOGI Data ApS
Snerosevej 11
3310 Ølsted
Vat no.: 35207732
Email: [email protected]

Content

* 1 Web hosting, etc.
* 2 Domains
* 3 Payment Gateway
* 4 Offers and Competitions
* 5 Subscription Agreements
* 6 Software in General
* 7 Plugins for WordPress
* 8 In General
* 9 Venue

Webhosting etc.

1.1 Web hotel 

TOGI Data ApS’s web hotel is a presentation space primarily for traders that via TOGI Data ApS have purchased a web solution.

1.2. Responsibility of the customer

The customer is responsible for the legality of the material on the web hotel. There must be no pornographic material, material with extreme political views or other controversial material.

TOGI Data ApS reserves the right at its discretion to define whether the material has such a controversial character, and TOGI Data ApS can choose to end the agreement with immediate notice in such case. In case of such waiver, TOGI Data ApS offers no customer liability for damages of any kind, including consequential loss.

The customer may not use its services with TOGI Data ApS to send out SPAM, as described in the marketing section 6a. If TOGI Data ApS sees that a customer has sent out SPAM, TOGI Data ApS can end the agreement with immediate notice and hold the customer liable for any for any losses and lawsuits, TOGI Data ApS has suffered as a result thereof.

1.3 Traffic

With the subscription is included a monthly traffic consumption that varies by product. Additional consumption will be invoiced at 40 DKK, VAT excl., per started GB.

It is not allowed to use our services to distribute file archives containing programs, video files and audio files (mp3, gif, wav, MP4, jpg, zip, etc.) that are free to download.

In breach of the above, TOGI Data ApS reserves the right to close the web hotel without notice and charge a separate fee for traffic usage (see. 1.3). Any remains, as well as pre-paid subscriptions, are non-refundable. TOGI Data ApS reserves the right at its discretion to define whether the violation has taken place or not.

1.4 Periods and Renewals

TOGI Data ApS invoices subscriptions to the web hotel prior to the agreed period (12 months at a time). The subscription is renewed automatically for a new identical period, unless TOGI Data ApS has received a valid notice of termination from the customer at the latest one month before the expiration of the current subscription period. No refunds are given for a prepaid period. A termination will only relate to a future period.

The cancellation can be made by sending an e-mail to TOGI Data ApS via [email protected].

1.5 Cancellation

TOGI Data ApS reserves the right to terminate an ongoing subscription without the customer necessarily having violated its terms and conditions. In that case, TOGI Data ApS refunds the remaining part of the prepaid subscription to the customer.

1.6 Access

TOGI Data ApS strives to secure access to and from the web hotel 24 hours a day. However, TOGI Data ApS reserves the right to stoppages in shorter or longer periods, in the event of repairs, maintenance of the system, etc. TOGI Data ApS strives to foresee and announce such stoppages.

1.7 Up time

TOGI Data ApS strives to maintain up time at 96%. Stoppages in shorter or longer periods – in the event of repairs, maintenance of the system, etc. – will not be calculated as downtime.

1.8 Replacement

TOGI Data ApS is under no circumstances, including cases of negligence that cannot be described as coarse, responsible for: Consequential loss, lost profit, lost data and the restoration of these, damages caused by computer viruses, loss of goodwill, collateral damage or indirect loss.

TOGI Data ApS’ liability is in any case limited to the customer’s latest paid annual service. Has the customer not yet paid a year’s service, the paid service will be converted and calculated as one year. The same applies for cases of actual force majeure, meaning fire, lockout, war, natural disasters and the likes of these.

1.9 Backup

A daily backup is made and stored for a maximum of 7 days. Further remote backup can be ordered at an additional cost.

Domains

2.1 Domains

The customer is responsible for payment of the domain fee to DK-Hostmaster.dk or similar domain providers. Please refer also to DIFO’s existing rules for domain registration at the address: www.difo.dk

2.2 Non-dot-dk Domains

For other domain names than .dk-names (for example, .es .com, .net, .org,. as, nu, etc.), please refer to the individual top-level-domain’s current rules. TOGI Data ApS cannot guarantee full functionality on domains containing special characters. Including æ, ø and å.

Payment gateway

3.1 Payment gateway provider

TOGI Data ApS offers payment gateway to either Dankort or Dankort along with international credit cards through Quickpay.

3.2 Termination

TOGI Data ApS invoices subscriptions, regarding payment gateway, prior to the agreed period (12 months at a time). The subscription is renewed automatically for a new identical period, unless TOGI Data ApS has received a valid notice of termination from the customer at the latest 1 month before the expiration of the current subscription period. No refunds are given for a prepaid period. A termination will only relate to a future period.

The cancellation can be made by TOGI Data ApS by sending email to [email protected].

Offers and competitions

4.1 General conditions

The following general TOGI Data conditions apply to offers and competitions via the website, newsletter and social media – unless anything else is specifically stated in the terms of the offer/contest.

4.2 Duration

All contests and promotions have a duration of max. 2 months from the start date.

4.3 Expiration of discounts

Specified discounts on the subscription price, hosting services, etc. in relation to promotions and contests apply for 12 months from the time of initiation. Hereafter the regular pricing applies.

4.4 Free Web hotel

Free Web hotel in connection to offers and competitions are valid for 12 months from the time of initiation. After that the regular price applies.

Subscription terms regarding web pages and web shops

5.1 Subscription terms

These subscription terms are valid for all subscription agreements regarding websites and web shops, unless anything else is specifically agreed upon between TOGI Data ApS and the customer.

5.2 Minimum contract period

There is a minimum contract period of 12 months from the subscription’s start date. After that your subscription may be terminated with three months’ notice at the end of a month.

5.3 Quarterly invoicing

TOGI Data ApS invoices the subscription prior to the agreed period (3 months at a time). The subscription is renewed automatically for a new identical period, unless TOGI Data ApS has received a valid notice of termination from the customer.

The cancellation can be made by TOGI Data ApS by sending an email to [email protected].

Software in General

6.1 Software Rights

The customer gets a time-limited and non-exclusive right to use the software developed by TOGI Data ApS for the solution of the tasks and in the facility, for which it is acquired, and for the amount of users that the customer has stated to TOGI Data ApS, or who have taken use of the software after the acquisition date.

6.2 The customer’s application changes

If the customer carries out program changes, the obligations of TOGI Data ApS in relation to the software in all respects are dropped. This includes remediation of lacks and execution of maintenance.

Plugins

7.1 Limitations of liability

Under no circumstances shall TD Online ApS be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if TD Online ApS or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

7.2 License

Our digital products are created for WordPress, an open source software released under the GNU public license http://www.gnu.org/licenses/gpl.html . Therefore, any part of our products which constitute a derivative work of WordPress are also licensed under the GPL 3.0.

7.2.a Duration of the license and renewal

Licenses are valid for 6 months from the date of purchase. A valid and active license key is required in order to get updates and support for purchased plugins.

7.2.b Software updates

Updates are included for free for 6 months. If you have a valid and active license key, and your plugin(s) support it, updates will be delivered automatically from the WordPress dashboard. If your plugin(s) does not support automatic upgrades, then updates can be downloaded from the page “My Downloads” in your ‘My Account’ area of our site.

7.2.c Support services

Support for purchased plugins is given up to 6 months after the purchase date. If you wish to get support after 6 months, you must renew your license key.

7.3 Ownership and liability

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of TD Online ApS. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

7.4 Warranty

Our products are provided “as is” without warranty of any kind, either expressed or implied. We do not guarantee that plugin(s) will work in all browsers and with all themes, nor do we guarantee that our plugin(s) will be functional with all versions of WordPress. We do not guarantee compatibility with any additional third party plugins, scripts, or applications.

7.5 Updates

Product updates are available to customers who have made a purchase and have an active license. All plugins are always designed to be compatible with the latest available version of WordPress, but we can give no guarantee, that older templates will run with future versions of WordPress.

7.6 Modifications

You are authorized to make any necessary modification(s) to our products to fit your specific needs. You may remove our credit links under the understanding that all plugins downloaded are still copyright of TD Online ApS, and that all files utilized must retain their respective licenses.

7.7 Payments

All payments are handled through using PayPal and credit card payment.

7.8 Delivery

After we have successfully received your payment, your product information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, please contact us at [email protected].

Moreover, immediately after purchase, you can access purchased products from your ‘My account’ area in our site.

7.9 Price changes

TD Online ApS reserves the right to change our product prices individually at any time without prior notice.

7.10 Photos copyright info

Our products do not come packaged with any image. You are responsible for adding your own images. Yet, when viewing our product demos you will see several photographic images used. These images are not included in the product, but they are purely for demonstration purposes and are used to give the visitor a functional preview of what the plugin will look like once content has been added. These photos should not be saved, copied or redistributed in any way.

In General

8.1 The invoice

TOGI Data ApS starts invoicing, when the work has commenced.

8.2 Payment

In cases where TOGI Data ApS will not forward invoices until after the service has been delivered, payment must be made within 4 days. After this time, interests will be added, amounting to 1.5% per commenced month.

8.3 Lack of Payment

Lack of timely payment will result in reminders and attribution of interest in accordance with point 5.2. For each reminder, however, a maximum of 2 sets, will be added a reminder fee of DKK 100.00. If the payment is not made after the second reminder, the demand will be forwarded to debt collection. If payment is not received 3 months after the ultimate deadline for timely payment, the customer’s data will be deleted.

8.4 Right of Withdrawal

Many of TOGI Data ApS ‘ products/services are provided specifically tailored to the customer. The customer agrees that TOGI Data ApS starts carrying out the work as soon as the order is received. The general right of withdrawal in the Danish Consumer Contract’s, Act § 12 (1), is therefore, in accordance with the same law, § 12 (2), set aside, when TOGI Data ApS begins working on the customer’s order.

8.5 The customer’s agreement with a third party

It is under all circumstances the customer’s own responsibility to terminate an agreement with other parties, no matter the terms of such agreements.
TOGI Data cannot be held responsible for the customer’s option to terminate such agreements, and an agreement between TOGI Data and the customer cannot be conditional of the customer’s termination of such other contract.

8.6 Address information

The customer is obliged to always keep TOGI Data ApS informed about his current residence. This can be done via email, [email protected], or by written postal letter.

8.7 Changes

TOGI Data reserves the right to change the business terms and conditions, specifications and prices. Changes will be published on TOGI Data ApS’ website. In the event of price changes, this will take effect from the next available subscription period.

Venue of dispute

9.1 Disputes
In case of disputes based on the present terms and conditions of agreement, Retten i Holbæk in Denmark will serve as venue.