Terms and conditions

I accept, as Customer, the following as an integral part of the contract with Filecamp I/S, including special provisions concerning limitation of Filecamp I/S’s liability for damages, (see § 1) and Filecamp I/S’s option to terminate the contractual relationship with customers who burden Filecamp I/S servers disproportionately and thus cause Filecamp I/S to incur extra cost (see § 4.2.).

 

§ 1 - Filecamp I/S’s obligations

1.1. Filecamp I/S is committed to maintaining a reasonable protection of the company’s servers to avoid conditions that can lead to theft of customer data, including but not limited to illegal physical as well as electronic intrusion. Filecamp I/S undertakes corresponding actions that are designed to prevent downtime at the company’s servers, including maintenance of servers and associated systems.

1.2. Filecamp I/S complies with relevant Danish legislation, including but not limited to Act No. 1389 of 21 December, 2005 on promotion as amended and Act No. 429 of 05.31.2000 on the processing of personal data.

 

§ 2 - Filecamp I/S’s liability

2.1. You agree that errors may occur at Filecamp I/S servers, including downtime, which can cause the customer to be without access to uploaded material for a shorter or longer period. Filecamp I/S is committed to urgently and with all reasonable means remedy such a situation, but regardless of the cause of the downtime, Filecamp I/S can not be held responsible for the loss the Customer or its suppliers may suffer as a consequence. This applies regardless of whether any error can be attributed to Filecamp I/S, Filecamp I/SŽs external suppliers or other causes.

2.2. Filecamp I/S is not responsible for any violations of law occurring at Filecamp I/S’s servers, which are caused by the Customer, including but not limited to copyright, criminal, competition and marketing law violations.

2.3. Apart from the items in § 2.1., Filecamp I/S’s potential liability under this Agreement is limited to an amount equal to Customer’s payment of 6 months hosting at Filecamp I/S.

2.4. Filecamp I/S is also not responsible for any loss that Customer may suffer as a result of force majeure, including but not limited to lightning, flood, natural disasters, fire, strike, network congestion or error in external networks.

 

§ 3 - Customer obligations

3.1. You agree that the material uploaded on Filecamp I/S servers must comply with Danish legislation and must not infringe third party rights. Filecamp I/S provides no form of censorship prior to upload, since Filecamp I/S does not possess the knowledge or resources to assess these issues.

3.2. Customer shall further agree that illegal activities cannot be executed from Filecamp I/S’s servers, for example in the form of, but not limited to marketing law violations, including unsolicited commercial advertising in the form of spam.

3.3. If the Customer violates § 3.1. or 3.2. this shall constitute a material breach and Filecamp I/S is entitled to terminate the contractual relationship immediately and seek compensation for the expenses incurred and born by Filecamp I/S in this regard. Filecamp I/S also reserves the right to have the police notify the Customer if the relationship warrants it.

3.4. The customer is himself obliged to keep a backup version of the files hosted on Filecamp I/S servers.

3.5. Filecamp I/S is not responsible for the consequences of the Client opening attachments received from Filecamp I/S mail servers.

 

§ 4 - Termination

4.1. The agreement between the Client and Filecamp I/S can be mutually terminated by either party giving 1 month’s notice.

4.2. In cases where Customer’s consumption of data on Filecamp I/S servers achieves a magnitude or such a nature that they cause capacity difficulties, or cause Filecamp I/S to incur extra costs from the Filecamp I/S’s hosting partner, Filecamp I/S reserves the right to terminate the contractual relationship with the customer per § 4.1. In addition, Filecamp I/S is entitled to claim expenses caused by such acts perpetrated by the Customer. If Filecamp is being used to host and/or stream content that is shown on high-traffic websites you will be contacted by us to conclude a specific agreement regarding hosting and streaming from high-traffic websites.

 

§ 5 - Transfer of contractual relationship

5.1. Filecamp I/S is entitled to transfer rights or obligations under this contract to third parties.

 

§ 6 - Applicable law and jurisdiction

6.1. This contractual relationship is governed by Danish law. Disputes between the parties shall be settled by the Court in Lyngby, Denmark.