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Service terms

Our service terms, which are a part of our terms of business, are listed below. There are a total of 9 points. Click on the one that relates to you, and it will expand to reveal its content and sub-points.

I’m always available for a discussion if you need assistance or if you have any inquiries about the terms. You’re welcome to get in touch with me using the button below.

Best regards, Christian

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Christian Mikkelsen

CCO

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1.1) These Service Terms constitute an integral part of the Agreement and apply to Services provided as Software-as-a-Service (the "Solution").

 

1.2) The normal working hours at Apport are Monday to Thursday from 8:30 to 16:30 and Friday from 08:30 to 15:30, except public holidays, Christmas Eve (24 December), New Year's Eve (31 December) and the Danish Constitution Day (5 June).

2.1) Apport will at all times endeavour to make the Services set out in the Agreement available, except for planned downtime and any unavailability caused by external events.

 

2.2) Notwithstanding any provisions to the contrary, the Solution is provided "as is" and without warranty of any kind or a warranty that the Solution will be error-free or uninterrupted. Apport will use commercially reasonable efforts to correct any defects, but expressly disclaims any legal obligation to do so.

 

2.3) Any planned downtime will, to the extent reasonable possible, be placed outside of Apport's normal business hours.

 

2.4) The Solution, including data included in the Solution, is a standard product.

 

2.5) Provided that the Customer pays the fee, the Customer is granted a time-limited, non-exclusive, non-transferable right to use the Solution, including any upgrades, updates, versions, releases, results of maintenance and development services, etc. provided by Apport during the term specified in the Agreement.

 

2.6) Only the Customer is entitled to use the Solution. The Customer may only use the Solution for its own and internal purposes.

 

2.7) If the Customer uses the Solution in violation of these Service Terms, Apport may immediately and without notice cancel or terminate the Agreement with immediate effect on the grounds of material breach.

3.1) The Customer's request for support or reporting of errors and defects must be done either by phone, email or via Apport's web portal or a similar service portal provided by Apport. In case of critical errors and defects, these must be reported by phone to Apport's support number.

 

3.2) Apport uses RDP client in connection with support of the Solution. By entering into the Agreement, the Customer has accepted the use of the RDP client used from time to time in connection with support and troubleshooting of the Solution.

 

3.3) Support is provided in either Danish or English.

 

3.4) Support does not include the following:

a) scenario testing in the Customer's application or equipment;

 

b) support or assistance with IT systems or hardware not provided by Apport;

c) training of the Customer's super users or users;

 

d) support of versions earlier than the latest version of the Solution;

 

e) upgrading, modifying or refurbishing supported software;

 

f) new versions or releases of software other than supported Solution;

 

g) updates to documentation;

 

h) data correction, data transfer or data conversion; and

 

i) Services required due to: (i) misuse or abuse; (ii) damage or malfunction caused by fire, smoke, heat, water, flood, storm, lightning, electrical failure and any other similar event; (iii) repairs, support or modifications by any party other than Apport; (iv) use other than in accordance with Apport's and the manufacturer's instructions; (v) manufacturer recalls including product or parts replacement or substitution; (vi) bugs, errors or defective materials and workmanship caused by software and/or hardware other than the supported Solution; or (viii) the deliberate or negligent acts or omissions of Customer or any third party.

 

3.5) Unless expressly set out in the Agreement, support is provided as professional performance services, meaning that Apport provides a work effort but does not guarantee a specific functionality or result.

4.1) The Customer must at all times ensure to have the appropriate number of user rights needed for the Customer's actual use, regardless of any organisational ties, including employment and affiliation.

5.1) The Solution may at the sole discretion of Apport be subject to changes from time to time, including by addition or removal of features, provided that such changes do not have a significant negative impact on the Solution as a whole. Changes may be made without notice.

 

5.2) If the Solution is delivered using Apport's software or hardware, Apport may replace or upgrade the software or hardware without the Customer's prior consent.

6.1) Apport warrants that the Solution in all material aspects will work in accordance with the specifications and any original documentation provided by Apport, and that all material functions work, provided that the Solution is used for the intended purpose, in accordance with the specifications and on the computer hardware and with the operating system for which the Solution has been developed.

 

6.2)  The Customer maintains a substantial knowledge of the logistics processes supported by the Solution.

7.1) The Customer is aware and recognises that use of the Solution may require and comprise specific system requirements and/or a software subscription. Such requirements are specified in the Agreement. The Customer is responsible for complying with any such system requirements and for paying any related costs and fees. Apport does not guarantee that the Solution is compatible with any future versions of third party software or any other type of interoperability.

8.1) The Solution will be delivered from the agreed time of delivery.

 

8.2) If a separate handover or project has been agreed to facilitate the takeover of any activities, software, hardware etc. or other preparatory work enabling Apport to provide the Solution from the agreed time of delivery, Apport will provide such transition services as separate services and as set out in the Agreement.

 

8.3) The Solution is provided as a recurring service for the term (including any renewal term) set out in the Agreement. If the Solution is provided on a renewal or subscription basis, the Customer acknowledges that continued provision of the Solution is conditional on the Customer's timely periodic payment of renewal or subscription charges set out in the Agreement.

9.1)  Assistance in the event of termination

9.1.1.) Apport must contribute to the transfer of data from the Solution to the Customer or a third party designated by the Customer in a loyal and responsible manner pursuant to a reasonable request from the Customer. The assistance will be provided in a commonly recognized readable format on a commonly used media.

 

9.1.2.) The provision of termination assistance in relation to any third party is subject to the third party entering into a confidentiality agreement with Apport on terms and conditions no less strict than those set out in the Agreement.

 

9.1.3.)  Termination assistance may be requested to be provided from the date of notice of termination (regardless of the reason) and up to 3 months following the effective date of termination.

 

9.1.4.) Termination assistance is provided against payment on a time and material basis in accordance with the actual number of hours and materials spent in providing the termination assistance and calculated in accordance with Apport's generally applicable price list from time to time.