General Terms & Conditions
Version 1.2 – updated 25 May 2019
These General terms and conditions apply in any relationship between the Customer and
Artillerivej 86, 1 sal
2300 Copenhagen S
CVR: 37 99 91 64
Diplomasafe offers an online platform that allows for handling Digital Diplomas issued by the Customer to End Users.
Diplomasafe exclusively facilitates the online platform, and Diplomasafe assumes no responsibility for the content or accuracy of the issued Digital Diplomas or for the quality of the underlying education. For the same reason, Diplomasafe is not a party to any dispute between the Customer and End Users regarding the content or accuracy of the Digital Diplomas issued or for the quality of the underlying courses.
By using Diplomasafe, Customer accepts the following terms ("General Terms & Conditions"):
“Agreement” means the signed agreement between Diplomasafe and Customer regarding the Customer’s use of Diplomasafe.
“Legal Basis” means the total agreement between Diplomasafe and the Customer and includes these General Terms & Conditions, Agreements, and any offers and order confirmations.
“Background Check” means the controls conducted by Diplomasafe in order to determine the Customer’s existence, identity, classification and optional third party accreditations.
“End User” means the physical person to whom the Digital Diploma has been issued.
“Digital Diploma” means a collection of data issued by a natural or legal person describing the acquisition of a property by a natural person and verified by a third party. A Digital Diploma may, for example, be a documentation of the completion of a course or passing an exam.
“Diplomasafe” means the holder of the online platform that facilitates handling of Digital Diplomas.
“Customer” means the natural or legal person who issues Digital Diplomas and who signs an agreement with Diplomasafe.
“Third Parties” means natural or legal persons who receive and verify a Digital Diploma.
Customer Responsibilities and Obligations:
The Customer shall provide the information to Diplomasafe, which is required for the Diploma's delivery of services to the Customer in accordance with the Legal Basis.
The Customer is liable to inform Diplomasafe immediately and in writing if the Customer loses an accreditation previously notified by the Customer and which has been verified by Diplomasafe and thus included in the Diplomasafe Background Check of the Customer.
The Customer is responsible for the accuracy of Digital Diplomas that the Customer creates in the Diploma Systems, including - but not limited to - End User Information, ECTS Points, and End User Completion of the Course. The customer is also responsible for the allocation of ECTS points.
The Customer must immediately inform Diplomasafe if there are errors in Digital Diplomas established in Diplomasafes systems.
The Customer is responsible for personal data security, including but not limited to the protection of electronic identification means to the solution.
Diplomasafe will provide according to the Legal Basis no later than the time specified in the Diplomasafes order confirmation. Diplomasafe has the right to deliver before the agreed delivery time, unless otherwise agreed in writing between the parties.
If Diplomasafe foresees a delay in the delivery of services according to the Legal Basis and the order confirmation, Diplomasafe shall inform the Customer and at the same time inform the reason for the delay and the expected delivery time.
The Customer can not make any claim for compensation, including - but not limited to - loss due to delay.
Prices and payment:
The price for Diplomasafes services follows the applicable price list at the time Diplomasafe concludes a final agreement with the Customer, unless otherwise agreed in writing between the parties. All prices are exclusive of VAT.
Customer must pay all invoices for services within 14 days of invoice date, unless otherwise agreed in writing between the parties.
In case of late payment, Diplomasafe calculates interest on the outstanding amount of 1.5% per month from the due date. Interest is calculated monthly for the outstanding balance due, which will include past interest, reasonable costs, etc.
Intellectual property rights:
All logos, names, trademarks and the like on Diplomasafes website belong to Diplomasafe or Diplomasafes partners.
Intellectual property rights in relation to Digital Diplomas, including - but not limited to - logos, text and figures, belong to the Customer.
The Customer transfers upon the conclusion of the agreement to Diplomasafe and Diplomasafe hereby accepts a non-exclusive, global and irrevocable right to commercially use and make Digital Diplomas available to End User's use, including download and display in accordance with "Terms & Conditions - End User".
Diplomasafe can collect, store and process information about the Customer as well as End Users in connection with the Customer's creation of a Digital Diploma in Diplomasafes systems. This information may contain personal data that makes it possible to identify persons and, if applicable, Diplomasafes processing of the information will comply with applicable personal data law, as further described in the "Diplomasafe Privacy Statement."
The Customer is the data controller for personal data regarding End Users in connection with the Customer's creation of a Digital Diploma in Diplomasafes systems until the point in time when a issued Digital Diploma is activated / accepted by an End User. At this point the data responsibility passes to Diplomasafe as data controller.
The Customer must not include sensitive personal data about End Users, including racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership and information on health and sexual relationships, in the Digital Diplomas created in the Diplomasafes systems without the prior written permission of Diplomasafe.
Customer must not create Digital Diplomas in Diplomasafes systems for End Users under 16 years without prior written acceptance from Diplomasafe.
By entering into an agreement with Diplomasafe, the Customer accepts the Diplomasafes Privacy Statement.
Disclaimer and Limitation:
Diplomasafe and the Customer are liable for damages under Danish law.
Diplomasafe strives to ensure that the content and validity of Digital Diplomas is correct and up to date and to block issued Digital Diplomas without undue delay at the Customer's request.
Diplomasafe can under no circumstances be held liable for the Customer's indirect loss and consequential damages, such as operating loss, loss of profits, loss of interest and lost savings. Diplomasafe is not responsible for system failure, which makes Diplomasafe unavailable for a period of time.
The total liability of the diplomas is limited to documented and direct loss, which is attributable to the validity of the Digital Diplomas. The total liability of the diplomas can in no case exceed 10,000 EUR.
Cancellation, termination and transferability:
Agreements on Products are entered into for at least a 12-month period or another period above 12 months as stated in the order confirmation.
Agreements on Products are extended consecutively for a new subscription period (equal to the subscription period in the Order Confirmation) unless terminated with 3 month’s written notice to the end of a subscription period. Subscription period will appear on the Order Confirmation.
Subscription period means that you are bound to the contract for this specific period of commitment no matter what the Termination period is.
If a force majeure situation has lasted for 30 days from the date the affected Party has announced that force majeure has occurred, the other Party may terminate the Agreement.
Diplomasafe may transfer rights and obligations under this Agreement to a third party without your accession, provided that it occurs without significant inconvenience to you.
No refund or reimbursement takes place in case of termination on the part of the Customer.
Diplomasafe is entitled to use subcontractors and to transfer their rights and obligations under the terms of business to third parties.
Diplomasafe reserves the right to make changes to the General Terms and Conditions without prior notice to the Customer, as Diplomasafe will endeavor to notify significant changes to the Customer in writing.
The General Terms & Conditions supersede any other prior agreement that has been concluded between Diplomasafe and the Customer, unless otherwise agreed between the parties.
By using Diplomasafe, Customer agrees to be contacted by Diplomasafe via email with instructions on how to make the most of Diplomasafe, as well as information about updates, changes, content and similar regarding Diplomasafe. The Customer's consent in this connection also includes the consent that Diplomasafe must send the Customer newsletters which include advertising for products and services that complement the Customer's use of Diplomasafe. Diplomasafe is entitled to use the Customer's name as a reference in the marketing of Diplomasafe.
Law and jurisdiction:
The validity and construction of the Legal Basis is governed by Danish law and is interpreted in accordance with Danish law.
Disputes, claims or disputes that may arise between Diplomasafe and the Customer on the basis of, in connection with or in connection with the delivery of goods or services under the Legal Basis or in the event of default, shall be settled by the District Court of Copenhagen as agreed court.