Terms & conditions
General Terms and Conditions
These General Terms and Conditions shall apply to all services provided by QEMPLOY A/S (hereinafter referred to as Smartforce). Any purchaser of Smartforce services is referred to as “Client” in these Terms and Conditions. These General Terms and Conditions prevail over the other agreements entered between the parties, including documents prepared by the Client, Client’s Standard Terms, or Client Orders, unless the parties specifically and in writing have agreed otherwise
Smartforce provides a SaaS (Smartforce.online). Features included in the service is specified on page one.
The Client must designate one or more employees who are responsible for the contact with Smartforce and the use of the Portal.
If the Client considers Smartforce’s service provided as inadequate, the Client must notify Smartforce of this without undue delay. The complaint must be sent to this email: firstname.lastname@example.org
Smartforce must keep any confidential information received by Smartforce about the Client’s business as confidential. The Client must ensure that any confidential material can be identified as confidential.
The Client must keep any confidential information received from the Client about Smartforce’s business as confidential. Smartforce must ensure that any confidential material can be identified as confidential.
The Client must ensure that the Portal’s information is only used by the Client and in no circumstances, must be made available to third parties.
The parties’ confidentiality obligations must remain in force for 2 years after the termination of the agreement between Client and Smartforce.
The Client is responsible for backing up all systems regarding Smartforce and the Consultant’s services. Smartforce is not responsible for any damage that the Client may suffer because of a lack of backup.
Smartforce’s liability for errors and omissions must in any situation be limited to support, replacement or proportionate compensation, according to Smartforce ‘s choice. The Client will not have any other breach of powers unless this breach of powers may result from mandatory legislation.
If Smartforce is responsible for compensation because of mandatory legislation, Smartforce ‘s total accumulated liability may not exceed DKK 100,000. This amount represents the total accumulated compensation that Smartforce may incur to the Client (including companies that are affiliated or associated with the Client) under all agreements with the Client. Compensation responsibility due to gross negligence or intentional behavior complies with the Danish law of compensation. Under no circumstances shall Smartforce be liable for any indirect loss or any indirect damage or loss of data, including operating loss or loss of profits.
Smartforce is solely responsible for product liability in accordance with the mandatory provisions of the Danish Product Liability Act. Smartforce disclaims any other product liability.
Smartforce is entitled to use the Client as a reference including name and logo unless otherwise is agreed on in a written notice.
If one of the parties – completely or partially – becomes unable to fulfill its obligations under the agreement as a result of circumstances beyond the control of the party, including but not limited to natural disasters, acts, omissions or regulations of authorities, judgments, fire, storm, accidents, war, civil disorder, strikes and lockouts, illness, death, the party concerned will be exempted from fulfilling the obligation, as long as the cause is involved, to the extent that the party is affected by such a cause.
11.COMMENCEMENT, TERMINATION AND TRANSFER
If no other written agreement has been reached, the agreement enters into force upon the startup date listed on page one of this document and runs until terminated in writing with 1 months’ notice, earliest terminations date will be the end date listed on page one of this document. Smartforce is entitled to transfer all rights and obligations held with the Client to a company wholly or partly owned by Smartforce.
12.LAW AND JURISDICCION
Any dispute between Smartforce and the Client shall be settled in accordance with Danish law. Disputes shall in the first instance be decided by the Copenhagen City Council as an agreed court.