Terms of Service
Version 1.4, updated October 29 2018
1. Introductory provisions
1.1. Area of application
Smart Send ApS’s (hereinafter “the Provider”) general terms and conditions (hereinafter “the Agreement”) apply to the customer (hereinafter “the User”). The terms and conditions must be read and accepted by the User in connection with setting up an account with the Provider.
1.2. Acceptance of the terms and conditions
The terms and conditions are considered read and accepted if the User downloads and installs one of the Provider’s services.
The Provider reserves the right to make changes to these terms and conditions at any time. It is the User’s responsibility to keep up to date with the applicable terms and conditions. Any changes will take effect 14 days after the date the terms and conditions are updated unless the User has terminated their account with the Provider in writing prior to this. The updated version replaces the previously published terms and conditions.
The current version can be found at any time on https://www.smartsend.io/terms
Smart Send ApS’s general terms and conditions apply to the User as from the date the terms and conditions are updated. The terms and conditions and/or specific conditions can only be deviated from if this has been agreed upon in writing between the Provider and the User.
2. Service and use
2.1. The Service
The Provider provides a service that communicates and relays information between the User’s system and the freight companies’ systems (hereinafter “the Service”). The use of the Service thus requires the User to have a prior agreement with at least one of the freight companies supported by the Provider and access to their online TA system.
2.2. Use of the Service
The Service may only be used on the domain(s) that is/are linked to the User’s account and specified in accordance with the subscription agreement (hereinafter “the Subscription”) between the Provider and the User. The use of the Service thus requires a valid Subscription.
The Provider is not a carrier or freight forwarder as the Provider does not handle the physical freight. The Provider only provides a service that facilitates data transfer between the User’s system and the freight company’s TA system.
2.4. Shipping Cost
The Provider’s price only includes the services and modules offered by the Provider. Therefore, the price is exclusive of all freight costs and any service fees that may be charged by the freight company.
2.5. Storing user data
The Provider reserves the right to store and use data in connection with, for example, statistics and marketing. User data means information about the use of the Provider’s service and not personal data in accordance with the Danish Data Protection Act.
3. The customer’s data and the general data protection regulation (GDPR)
3.1. Shipping data
The data (hereinafter “Shipping Data”) that is transferred to and processed by the Provider contains personal data regarding the User’s customers. The User’s Shipping Data is transferred to third parties such as freight companies, TA systems, etc., only at the request of the User and in connection with the delivery of the Service.
3.2. Data Controller
The parties agree that the User is the data controller for any personal data the User uploads and processes in the Service and that the User owns and can freely manage their own data in the Service. The Agreement also regulates the processing of personal data carried out by the Provider in connection with the provision of the Service and, at the same time, thus constitutes the Data Processing Agreement that governs the processing of the User’s data.
As far as is possible, the Service allows the User to export all indexes, data, etc., via the Service’s export function. Data that cannot be exported via the Service by the User on his/her own can be exported by the Provider at the request of the User. The User accepts that such exports must be completed by the User prior to the termination of the subscription. In the event that the subscription expires or is terminated by the User, the Provider, where appropriate and commercially viable, will aim to give the User a period of 10 days after termination in which the export function can be used.
3.4. Deletion of data
The Provider reserves the right to delete the User’s data 14 days after the end of the subscription for whatever reason, and the Provider has no obligation to retain data after this time.
3.5. Data storage
The Provider is entitled to retain the User’s data after termination in order to use this data in an anonymised form for statistical purposes and analysis of the Service.
3.6. Access to the User’s data
In exceptional cases, and if considered justifiable and reasonable by the Provider, the Provider may - for example, in the event of a value loss assessment - provide third parties and authorities with access to the User’s data, but only in accordance with the relevant data protection legislation, in connection with a court ruling, regulatory requirements, the User’s bankruptcy, death or the like.
In connection with the operation of the Service, the Provider is entitled to use third-party subcontractors such as IaaS (Infrastructure as a Service) suppliers and other technical third-party suppliers. The Provider is also entitled to transfer Shipping Data to such third-party suppliers. The Provider must enter into agreements with subcontractors whereby they agree to comply with the provisions of this Agreement.
3.8. Provider as Data Controller
In addition to processing Shipping Data as described above, the Provider will process personal data about buyers, users and other customer personnel that are in contact with the Provider in relation to the Agreement. Personal data is the registered parties’ names and contact information (phone numbers, email addresses, IP addresses, etc.) and information about the contact between each individual and the Provider.
The processing is performed in order to provide the Service to the Customer and for general business development purposes, including sales and marketing. The processing of said personal data is necessary for the Provider to deliver the Service in accordance with the Agreement.
The Provider will store personal data during the term of the Agreement and is permitted to store personal data for a reasonable time thereafter. However, in all cases, the data must be deleted once it is no longer necessary to store the data in relation to the above purposes unless the law obliges the Provider to continue to store the data in order to comply with statutory obligations applicable at the time such as tax or accounting rules.
4. Establishment of subscription and invoicing
4.1. Trial period and the changeover to subscription
The provider offers a free trial of 30 days. After completion of the trial period, the User must actively choose which subscription the user wishes to continue on. In case of no activation, the trial period will expire automatically.
4.2. Additional services
The user has the option to choose the additional services offered by the Provider. If the User has activated one of these additional services, the User will automatically be invoiced according to current prices, cf. https://www.smartsend.io/price
After the trial period has ended, cf. Section 4.1, and the User's account has been transferred to a paying subscription, the User will be billed for a period as described in 4.4. Billing is a prepayment for that period.
4.4. Subscription Period
The subscription period is usually 1 or 12 months, unless otherwise agreed in writing between the User and the Provider.
5.1. Payment Terms
It is possible to pay with Visa / Dankort and MasterCard. No transaction fee is required in connection with the credi card payment. In case of invoice payment an administration fee of 100kr is required. The payment deadline is 8 days after which a fee will be charged, cf. section 5.3 below.
5.2. Payment security
The provider uses a payment solution provided by Stripe. Card information is encrypted and sent directly to Stripe via a secure connection. The Provider does not store a copy of the card information and cannot see the card information.
In case of invoice payment, the transaction is processed solely between the Provider and the User's bank.
5.3. Late Payment
If an invoice is not paid within the 8-day payment period, the Provider may deactivate or suspend the User’s account at any time until the payment is registered with the Provider. A reminder fee of EUR 15 will be charged if the 8-day payment period is exceeded. Thereafter, a monthly fee of EUR 30 is charged until payment is registered.
6.1. Automatic Renewal
The user's subscription will automatically be extended before the expiration date, unless the User terminates his subscription at the latest 1 business day before the expiration date via the system www.smartsend.io/login. The new subscription period will be subject to the current non-reduced standard prices for a new period of the same duration as the prior period, cf. www.smartsend.io/price
6.2. Cancellation and suspension
Either party may cancel the Subscription with immediate effect after providing written notice to the other party if the other party is in material breach of the Agreement and there is no remedy within 14 days of the written notice of the breach being received, provided that such a breach can be remedied. The injured party must provide details of the breach in the written notice. Notwithstanding the above, the Provider reserves the right to suspend the User’s access to the Service with immediate effect in the event that the Provider, at its own discretion, determines that the User is in material breach of the Agreement.
The User is entitled to terminate the Subscription at any time, but no later than 1 day prior to the expiration date of the current period, cf. section 6.1. If the Provider has received notice of termination at least 1 days prior to the expiration date, the User’s Subscription will not be automatically renewed.
In the event of termination in the middle of a subscription period, the User will still have access to the features that the Subscription entitles to, until termination, in the remaining Subscription Period.
However, if the User deletes his account, the User will lose access to the purchased features. See. Section 3 on GDPR.
If the User terminates the Subscription og deletes the account, cf. section 6.3, the User is not entitled to any form of refund. Therefore, the User has no claim to a refund of the remaining invoiced period.
The User is obliged to immediately and no later than 14 days after receipt of the service perform a check on the service and examine the service for any defects or shortcomings. If the User finds or should have found defects or shortcomings in the service that were present at the time of delivery, the User shall immediately make a claim to the Provider regarding such defects or shortcomings. If the claim is not received in due time according to the above, the right to make a claim lapses.
In the event of a timely claim being made, cf. section 7.1, the Provider can choose to remedy the shortcoming or provide a replacement. In the event that the Provider remedies the defect or provides a replacement, the User is not entitled to terminate the agreement, to claim compensation or make a claim for any other remedial action as a result of the shortcoming.
The Provider is not responsible for any damage to the User’s system in connection with the installation, updating or configuration of the Service. The User is thus responsible for ensuring that the User’s system is compatible with an installation of the Service and that the necessary precautionary measures, such as performing a backup, have been carried out prior to installing, updating or configuring the Service. The Provider is not responsible for lost sales as a result of the User experiencing a system failure.
It is the User’s responsibility to ensure that the installed version of the Service is compatible with the User’s system. The Provider endeavours to continuously update the Service but does not commit to ensuring compatibility with future versions of the User’s system or changes to the shipping companies’ TA systems. It is the responsibility of the User to ensure compatibility between the Provider’s system and the User’s system.
7.5. Consequential and indirect losses
The Provider is not liable for direct or indirect losses arising from the use of the service. This applies regardless of the basis on which a claim is made and regardless of the degree of negligence.
The Provider is not responsible for any shortcomings resulting from defects or negligence on the part of the Provider’s subcontractors or otherwise based on the subcontractor’s circumstances.
8. Choice of law and venue
These terms and conditions are subject to Danish law. Any disputes between the Provider and the User must be resolved by the Copenhagen District Court as the agreed venue.
The Agreement is subject to and designed in accordance with Danish legislation. The parties irrevocably agree that any discrepancy that arises from or in connection with the Agreement is subject to and under the jurisdiction of Danish law. At any time, it is the Danish version of the Agreement that is applicable. It is the User’s responsibility to have read and understood the Danish version of the Agreement.
See the Danish version of the Agreement here: https://smartsend.dk/handelsbetingelser