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Terms and Conditions
Private Users
Applicability
These terms and conditions are applicable to all agreements entered into with Ordbogen A/S concerning the purchase of services from the websites www.ordbogen.com and www.lemma.com as well as apps and other software belonging to Ordbogen A/S (hereinafter: “Ordbogen's Products”).
The legal contracting party of the customer is Ordbogen A/S (hereinafter: “Ordbogen”), Central Business Register (CVR) number 26 40 40 37, situated at Billedskærervej 8, DK-5230 Odense M.
Payment
Unless otherwise agreed in writing, all prices are based on an annual prepayment of the subscription service. The stated price is always inclusive of Danish VAT (moms). The VAT rate is the Danish VAT rate in force at any time.
Ordbogen reserves the right to regulate the price of Ordbogen’s Products from one subscription period to the next.
Immediately upon Ordbogen having registered payment, the user access is activated.
Payment Methods
The following payment methods can be used by private users:
Dankort/Visa-Dankort
Visa
Visa Electron (Danish)
Eurocard/MasterCard
JCB
Maestro
If the payment card or credit card has expired or is declined at the automatic extension of an existing subscription, the subscription will end at its expiration, and a new subscription must be purchased in order to access Ordbogen’s Products.
Right of Cancellation
The provisions of the Danish Consumer Contracts Act (Forbrugeraftaleloven) are derogated by accepting the terms and conditions, meaning that no 14-day right of cancellation applies.
Termination
Private users must terminate the subscription before it expires, at the latest. The subscription can be terminated immediately via www.ordbogen.com or by written request to support@ordbogen.com.
Complaints & Liability
If errors or defects are ascertained, the customer must file a complaint in writing as soon as possible and no later than 8 days after the time at which the customer ascertained the error or defect.
If problems of a technical nature arise, Ordbogen is solely obligated to remedy the problem. The customer cannot claim damages or any other kind of compensation for the time elapsed from the occurrence of the error or defect until the time at which the problem is remedied.
If the problem is the result of incorrect use of hardware or software, Ordbogen reserves the right to invoice the work done, in accordance with the prices prevailing within the trade. If Ordbogen offers repairs or remediation of the defect, or replacement with similar substitutable services, the customer is not entitled to terminating the contract or to claim any kind of damages or reduction. Ordbogen is without liability for any delay as a result of the remediation or replacement.
In no case is Ordbogen liable to be called to account for loss or damages, attributable to the use of Ordbogen’s Products – be it directly or indirectly. The customer must indemnify Ordbogen to the extent that Ordbogen should incur liability for such loss or damages.
Misuse of licence
Usernames and passwords are to be construed as confidential information and may exclusively be utilised for one’s personal use. If Ordbogen ascertains that a misuse of username and password has occurred, the customer must pay a contractual penalty of DKK 5,000 per breach. If the misuse consists of maintaining a condition contrary to the agreement between the parties, each day or part thereof is considered one new breach with the consequential obligation to pay a contractual penalty of DKK 5,000 for every day or part thereof. No distinction is made between non-business days and business days.
In the event of any kind of misuse, Ordbogen is entitled to claim damages according to the general rules of Danish law, if evidence can be provided of an economic loss greater than DKK 5,000 per breach or per day or part thereof.
Copyright and Other Rights
Any duplication, transfer or distribution, in full or in part, or any kind of storage or display of the contents to anyone other than the direct beneficiary may not occur without prior written consent from Ordbogen and potential third-party rights holders of Ordbogen’s Products.
Any material in or in relation to Ordbogen’s Products – images, graphics, texts, examples, descriptions, hardware, program code, etc. – belongs to Ordbogen, and, likewise, all rights to domain, trademark, etc., also belong to Ordbogen.
If the customer violates the copyright, trademark rights, design rights or other rights, the customer is obligated to pay a contractual penalty of DKK 100,000 for each breach. If the violation consists of maintaining a particular condition contrary to the agreement between the parties, each day or part thereof is considered one new breach with the consequential obligation to pay a penalty of DKK 100,000 for every day or part thereof. No distinction is made between non-business days and business days.
Furthermore, Ordbogen is entitled to claim damages according to the general rules of Danish law, if evidence can be provided of an economic loss greater than DKK 100,000 per breach or per day or part thereof.
In addition to payment of contractual penalty, Ordbogen can demand the granting of an injunction without provision of security if Ordbogen ascertains that distribution or other transmission of Ordbogen’s works is taking place.
Systematic/Automatic Extraction of Data
Searching or extracting – in part of in full – material from Ordbogen’s Products and third-party rights holders of Ordbogen’s Products may not be carried out by automatic or systematic methods, and storage of Ordbogen’s works or other material may not be carried out on media with the customer, the employees of the customer or the business partners of the customer, etc. Making use of material in Ordbogen’s Products by automatic or systematic methods, may not take place without prior written consent from Ordbogen. Automatic or systematic extraction of material is construed as slavish copying of Ordbogen’s works.
If the customer violates the stipulation on systematic/automatic extraction of data, the customer is obligated to pay a contractual penalty of DKK 100,000 for each breach. Each day or part thereof on which systematic/automatic extraction of data can be ascertained, is considered one new breach with the consequential obligation to pay a penalty of DKK 100,000 for every day or part thereof. No distinction is made between non-business days and business days.
In addition to payment of contractual penalty, Ordbogen can claim damages according to the general rules of Danish law.
In cases of gross violation, the violation will be reported to the police as a criminal offence.
In addition to payment of contractual penalty and police report, Ordbogen can demand the granting of an injunction without provision of security if Ordbogen ascertains that distribution or other transmission of Ordbogen’s works is taking place.
Force majeure
Any order received is subject to force majeure, including war, mobilisation, riots, natural disasters, strikes and lockouts, unavailability of supplies, fire, damage to Ordbogen’s Products, production facilities of suppliers, change of law, regulations issued by an EU authority, or any other event which hinders or limits Ordbogen’s ability to supply or perform the service in question.
In the case of force majeure, Ordbogen may either choose to terminate the contract – in part or in full – or to supply the agreed service as soon as the hindrance to normal supply has ceased to exist. In case of force majeure, Ordbogen cannot be held liable for any direct or indirect loss on part of the customer or the customers of the customer resulting from the failure to perform the service in question.
Applicable Law and Jurisdiction
Any dispute regarding the entering into, interpretation or implementation of these terms and conditions must be settled according to Danish law with Odense Court (Retten i Odense) as the court of first instance. If both parties so wish, a dispute may alternatively be settled by arbitration in Odense Court. In this situation, the President of Odense Court must designate the arbitrator. Danish law is to apply to the contractual relationship of the parties. The conflict of laws rules of Danish private international law do not apply.
Reservation
These terms and conditions are subject to the general reservation for all changes without prior notice, such as misprints, changes in prices or exchange rates as well as changes to the specifications of the product.
Contact may be made to:
Email: support@ordbogen.com
Telephone: +45 6612 6000
Terms and Conditions
Business Customers
Applicability
These terms and conditions are applicable to all agreements entered into with Ordbogen A/S concerning the purchase of services from the websites www.ordbogen.com, www.lemma.com, www.grammatip.com and www.educas.com as well as apps and other software belonging to Ordbogen A/S (hereinafter: “Ordbogen’s Products”).
The legal contracting party of the customer is Ordbogen A/S (hereinafter: “Ordbogen”), Central Business Register (CVR) number 26 40 40 37, situated at Billedskærervej 8, DK-5230 Odense M.
Payment
Unless otherwise agreed in writing, all prices are based on an annual prepayment of the subscription service. The stated price is always exclusive of Danish VAT (moms), and the Danish VAT rate in force at any time is added to the invoice. Exceptions from this are regulated by EU and Danish VAT legislation.
Ordbogen reserves the right to regulate the price of Ordbogen’s Products from one subscription period to the next.
Payment terms are 8 days net.
Non-Payment or Late Payment
In case of non-payment or late payment, Ordbogen is entitled to charge interest on the amount due. The interest rate is 2.5% per month or part thereof, calculated from the due date. In case of non-payment or late payment, a reminder fee of DKK 100 will furthermore be charged for every reminder sent. In addition, a compensation charge will be added to the first reminder, cf. § 9a, subsection 3 of the Danish Overdue Payments Interest Act (Renteloven). The compensation charge currently amounts to DKK 310.00. No VAT (moms) is added to the compensation charge.
Right of Cancellation
Business agreements are not subject to the Danish Consumer Contracts Act (Forbrugeraftaleloven), and business customers do not have a 14-day right of cancellation.
Termination
Business customers who wish to terminate the subscription, must terminate the subscription not later than 3 months before the end of the subscription period. The customer must also notify Ordbogen of reduction of the subscription not later than 3 months before the end of the subscription period.
Business subscriptions are renewed automatically unless they are terminated not later than 3 months before the end of the subscription period.
The subscription must be terminated by written request to Ordbogen or by email at the address: business@ordbogen.com.
EU General Data Protection Regulation
Data processing agreement
Municipalities, schools and self-governing institutions and others who have an agreement to connect through UNI-Login and who use Ordbogen’s Products are data controllers under the EU Personal Data Regulation, and Ordbogen is the data processor. It is the responsibility of the data controller to enter into a data processing agreement with Ordbogen no later than the beginning of the collaboration. Ordbogen has its own template for a data processing agreement, which will be submitted prior to the beginning of the collaboration. The absence of a data processing agreement may result in access to Ordbogen’s Products being shut down until the agreement exists.
Cookie and privacy policies
Please refer to Ordbogen’s cookie and privacy policies that describe which (personal) information is collected and the rights and obligations of the data subject.
Complaints & Liability
If errors or defects are ascertained, the customer must file a complaint in writing as soon as possible and not later than 8 days after the time at which the customer ascertained the error or defect.
If problems of a technical nature arise, Ordbogen is solely obligated to remedy the problem. The customer cannot claim damages or any other kind of compensation for the time elapsed from the occurrence of the error or defect until the time at which the problem is remedied.
If the problem is the result of incorrect use of hardware or software, Ordbogen reserves the right to invoice the work done, in accordance with the prices prevailing within the trade. If Ordbogen offers repairs or remediation of the defect, or replacement with similar substitutable services, the customer is not entitled to terminating the contract or to claim any kind of damages or reduction. Ordbogen is without liability for any delay as a result of the remediation or replacement.
In no case is Ordbogen liable to be called to account for loss or damages, attributable to the use of Ordbogen’s Products – be it directly or indirectly. The customer must indemnify Ordbogen to the extent that Ordbogen should incur liability for such loss or damages.
Misuse
Misuse of licence
Usernames and passwords are to be construed as confidential information and may exclusively be utilised for one’s personal (internal) use. If Ordbogen ascertains that a misuse of username and password has occurred, the customer must pay a contractual penalty of DKK 5,000 per breach. If the misuse consists of maintaining a condition contrary to the agreement between the parties, each day or part thereof is considered one new breach with the consequential obligation to pay a contractual penalty of DKK 5,000 for every day or part thereof. No distinction is made between non-business days and business days.
Misuse of network agreement.
By a network agreement is meant an agreement comprising an agreed number of licences. Each licence permits one natural person to make use of the network. If the number of natural persons with – direct or indirect – access to the network exceeds the number of licences, this is construed as misuse of the agreement, and in this situation, the customer will be obligated to pay a contractual penalty of DKK 5,000 per breach.
In the event of any kind of misuse, Ordbogen is entitled to claim damages according to the general rules of Danish law, if evidence can be provided of an economic loss greater than DKK 5,000 per breach or per day or part thereof.
Copyright and Other Rights
Any duplication, transfer or distribution, in full or in part, or any kind of storage or display of the contents to anyone other than the direct beneficiary may not occur without prior written consent from Ordbogen and potential third-party rightsholders of Ordbogen’s Products.
Any material in or in relation to Ordbogen’s Products – images, graphics, texts, examples, descriptions, hardware, program code, etc. – and, likewise, all rights to domain, trademark, etc., belong to Ordbogen and potential third-party rightsholders.
If the customer violates the copyright, trademark rights, design rights or other rights, the customer is obligated to pay a contractual penalty of DKK 100,000 for each breach. If the violation consists of maintaining a particular condition contrary to the agreement between the parties, each day or part thereof is considered one new breach with the consequential obligation to pay a penalty of DKK 100,000 for every day or part thereof. No distinction is made between non-business days and business days.
Furthermore, Ordbogen is entitled to claim damages according to the general rules of Danish law, if evidence can be provided of an economic loss greater than DKK 100,000 per breach or per day or part thereof.
In addition to payment of contractual penalty, Ordbogen can demand the granting of an injunction without provision of security if Ordbogen ascertains that distribution or other transmission of Ordbogen’s works is taking place.
Systematic/Automatic Extraction of Data
Searching or extracting – in part of in full – material from Ordbogen’s Products and third-party rightsholders of Ordbogen’s Products may not be carried out by automatic or systematic methods, and storage of Ordbogen’s works or other material may not be carried out on media with the customer, the employees of the customer or the business partners of the customer, etc. Making use of material in Ordbogen’s Products by automatic or systematic methods, may not take place without prior written consent from Ordbogen. Automatic or systematic extraction of material is construed as slavish copying of Ordbogen’s works.
If the customer violates the stipulation on systematic/automatic extraction of data, the customer is obligated to pay a contractual penalty of DKK 100,000 for each breach. Each day or part thereof on which systematic/automatic extraction of data can be ascertained, is considered one new breach with the consequential obligation to pay a penalty of DKK 100,000 for every day or part thereof. No distinction is made between non-business days and business days.
In addition to payment of contractual penalty, Ordbogen can claim damages according to the general rules of Danish law.
In cases of gross violation, the violation will be reported to the police as a criminal offence.
In addition to payment of contractual penalty and police report, Ordbogen can demand the granting of an injunction without provision of security if Ordbogen ascertains that distribution or other transmission of Ordbogen’s works is taking place.
Force majeure
Any order received is subject to force majeure, including war, mobilisation, riots, natural disasters, strikes and lockouts, unavailability of supplies, fire, damage to Ordbogen’s Products, production facilities of suppliers, change of law, regulations issued by an EU authority, or any other event which hinders or limits Ordbogen’s ability to supply or perform the service in question.
In the case of force majeure, Ordbogen may either choose to terminate the contract – in part or in full – or to supply the agreed service as soon as the hindrance to normal supply has ceased to exist. In case of force majeure, Ordbogen cannot be held liable for any direct or indirect loss on part of the customer or the customers of the customer resulting from the failure to perform the service in question.
Applicable Law and Jurisdiction
Any dispute regarding the entering into, interpretation or implementation of these terms and conditions must be settled according to Danish law with Odense Court (Retten i Odense) as the court of first instance. If both parties so wish, a dispute may alternatively be settled by arbitration in Odense Court. In this situation, the President of Odense Court must designate the arbitrator. Danish law is to apply to the contractual relationship of the parties. The conflict of laws rules of Danish private international law do not apply.
Reservation
These terms and conditions are subject to the general reservation for misprints, changes in prices or exchange rates as well as changes to the specifications of the product. These can be changed at any time without prior notice.
Contact may be made to:
E-mail: business@ordbogen.com
Erhvervstelefon: +45 6612 6000
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