1. Use and purpose of the subscription service
The subscription grants the legal entity that has taken out the subscription ("the Customer") the right to use QueueCat’s system and services (“the Product”). The subscription may not be used by third party or other people/organizations.
2. Acceptance and termination of the subscription service
The subscription terms for the Product are accepted by the Customer by signing the Official Quote document and sending it via email to contact@queuecat.com. The signed Official Quote and with these terms and conditions will be the formal “Agreement”. The monthly annual subscription runs from the date the Customer signs the Official Quote to the end of the current calendar month. After that period, the subscription runs for six months at a time. At the end of the six months, the subscription will be renewed automatically for another six months unless terminated by the Customer. The minimum subscription period is six months.
The monthly annual subscription may be terminated anytime by email to contact@queuecat.com, but no later than one month before the expiry of the subscription. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
3. Non-subscription services
QueueCat can also be comissioned for a pre-organized event, having a fixed start and end date and time.
4. Payment and price
The charges are listed on the Official Quote. QueueCat guarantees that no price increases will be introduced for the Product ordered at the time of commencement of the subscription other than those due to increases in the RPI (Retail Price Index) or increases introduced by the cloud computing supplier.
The first invoicing period runs from the date the Customer places a monthly annual order to the end of that calendar half-year. After that period, monthly annual services are invoiced for a six-month period in advance. Transaction fees are charged on a six-month basis.
Payment shall be made within ten days from the date of invoice. If the subscription is not paid by the due date, a first reminder will be sent to the Customer. If the subscription remains unpaid ten days after the date of the first reminder, a second reminder with a fee of 50.00 EUR will be sent to the Customer. If the subscription still remains unpaid ten days after the date of the second reminder, access to the Product will be blocked and QueueCat shall be entitled to charge the Customer interest on any outstanding fees at the rate of 5% per annum above the Danmark's National Bank base rate in force from the initial date payment became due until actual payment is made. Access to the Product will be unblocked on receipt of payment.
QueueCat will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Product.
The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) or another electronic method of transmission as the medium for entering into a subscription agreement, sending invoices and reminders.
Payments must be made to Spar NORD Bank, Denmark:
IBAN: DK7692110350351221
SWIFT/BIC: SPNODK22
Transfer costs will be split between the Customer and QueueCat.
5. Maintenance
QueueCat is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Product. A notification of such a suspension will be given to the Customer in advance. QueueCat will not be responsible for any consequences of such a suspension where notice has been given.
6. Product operating stability
QueueCat aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, QueueCat aims to re-establish normal operations as quickly as possible.
7. Rights
The System and all the written code associated to the system remains the full property of Udhold ApS (VAT number DK42341576). Individually customized software relating to the Product also remains the property of QueueCat unless otherwise stipulated. QueueCat may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
8. Liability limitations
QueueCat has taken all reasonable measures to ensure that the Product are virus-free but no warranty is given that the Product are free from infection from viruses etc., and QueueCat shall have no liability if this is not the case. To the extent permitted by law, QueueCat disclaims all warranties with respect to the Product, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
QueueCat shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of QueueCat, its employees, agents or authorized representatives, for which no limit applies, QueueCat’s liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability or 1,000 EUR (one thousand Euros).
9. Privacy policy and Confidentiality
QueueCat has taken the necessary technical and organizational security measures to prevent information saved by the Product from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary QueueCat’s Privacy Policy (https://queuecat.com/privacy–policy–customer/).
QueueCat is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
10. Marketing
QueueCat is entitled to refer to the Customer and the Product provided in its marketing materials.
11. Entire Agreement
These Terms together with the signed Official Quote contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. QueueCat may amend these Terms as required from time to time provided that QueueCat will give Customers no less than 30 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
12. Legal information
These Terms shall be governed by and construed in accordance with the laws of Denmark and the Danish Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.