Terms of use

14th January 2013

This document describes the general conditions that apply in relation to

Xilo Systems ApS

Carit Etlars Vej 6, 3

1814 Frederiksberg

CVR Nr. 34617414

(hereafter “Xilo”)

and purchasers of Xilo’s services (hereafter “client”)

Together with the chosen services the client has made use of at any time through Xilo’s systems, this document forms the complete basis of agreement between Xilo and the client (hereafter “agreement”)

1. General

Xilo develops and operates services within case management specifically catered to established companies.

It is a prerequisite to incorporate into the Agreement, that the client is a company with their own Central Business Register (CVR) number. The Agreement is established between Xilo and the Client and it is under the clients responsibility that the people given access to the system “Users”, are informed about the necessary conditions and terms regarding the Agreement

As our client, you agree to Xilo sending messages regarding the Agreement via email. You are obliged to keep your contact information, including email address, post address, company name and contact person up to date.

Xilo strives to deliver the system as soon as possible. The delivery of the services will take place when the services are operational and the client will thereafter receive a notification via email.

Is it not permitted for the client to resell Xilos service

2. Service Conditions

Xilo provides case management systems in the form of subscriptions to companies - hereafter “XiloSag”.

The subscription is calculated quarterly ahead, based on what you will use, with the exception of the usage of SMS, which are calculated quarterly backwards, based on how many you have used.

The subscription, price for data usage and the SMS fees are regulated annually in accordance with the price list.

2.1 XiloSag

The following is included in XiloSag

Setting up the system

Support via phone and email on weekdays between 10-15

A number of free SMS’

The subscription covers 1 GB data per month, 5GB database capacity, whereafter additional data usage is calculated per GB in accordance to Xilo’s price list.

2.2 Free trial period

Xilo offers a free trial of XiloSag under the following conditions

The client is granted access to XiloSag for up to 30 days.

The trial period is designed for testing, but can be used commercially.

The client can only receive a free trial once, unless another agreement has been made with Xilo.

The client can, during the trial of XiloSag, choose to subscribe to XiloSag.

If the client chooses not to subscribe with Xilo, all of the clients data shall be deleted when the trial period is over.

3. Terms of payment

The invoice will be sent to the Client via email. The Client can at any time see their usage and balance at Xilo.dk

If the subscription is not paid for before the deadline for payment, Xilo has the right to remove access to the system.

Access to XiloSag will be granted only after the full payment, including any fees or interests has been received by Xilo. If the full payment is not made within the first 20 days of the 1st reminder, Xilo has the right to delete all of the clients data.

Additionally, Xilo reserves the right to let the case be handled by collectors.

4. Changes

Xilo can make changes in prices and terms with 14 days notice.

Xilo releases regularly new versions of XiloSag and reserves the right to continually make updates and improvements to the system. The Client does not have the option to opt out of these changes.

5. Support and Operations

Xilo repair faults in own plants and installations as soon as possible and normally within hours (Monday - Friday from 10.00 - 17.00). Enquiries can be made by telephone at 71 99 28 82 , or via e- mail [email protected] . Outside this period, including holidays, the telephone support will be billed according to Xilos current rate for consulting services.

Xilo reserves the right, in specific cases to temporarily limit or restrict the possibilities of using the services because of operational and safety issues.

Xilo may at any time without notice, make technical changes to the product with regard its operation. Some conditions may cause disruption which among other things, can cause the system to be unavailable, etc. . Xilo strives to correct errors in their own systems and network as soon as possible. As quickly as possible Xilo will pass error to another supplier if a fault or disturbance is attributable thereto.

Restoration of data in XiloSag at the client's request is according to Xilos current rate for consulting services.

6. Liability

Xilo incurs liability under Danish law. Xilo is in no case liable for lost profits, business interruption or other indirect losses.Xilo can not be held liable for damages to the client’s data. Use of XiloSag is the Client’s own responsibility.

Xilo can not be held liable for losses caused by force majeure, such as war, riot, sabotage, natural disasters, strikes, lockouts, boycotts or picketing.

7. Termination of Agreement

The Client may at any time terminate the subscription. Denunciation shall be effective by the end of the current subscription period.

The termination must be in writing form to Xilo e-mail.

Xilo reserves the right, at the time of termination to charge for the consumption services that are used by the Client prior to the date of termination.

Xilo may terminate this Agreement without notice if the Client has breached the agreement.

Xilo is entitled without notice or liability to disconnect and terminate this Agreement if the Client causes disruption in Xilo’s systems.

Xilo may terminate this Agreement by notice of at least one month, including if Xilo ceases to offer its services.

8. Transfers

The Client may not, without the prior written permission from Xilo, assign the Agreement to a new Client.

Xilo may at any given time assign this Agreement or any portion thereof to a company affiliated with Xilo, or as part of a total transfer of Xilos activities to third parties.

9. Privacy Policy

Xilo’s handling of data regarding persons are covered by the person data law (Law nr. 429 from May 31, 2000 regarding person data laws).

10. Confidentiality

All information regarding the Client’s clients are handled with confidentiality by Xilo.

11. Disputes

Complaints arising from the agreement, hereunder disagreements between Xilo and the client regarding billing or subscription conditions, have to be delivered in written form (fx. via e-mail) to Xilo.

Disputes can also, by both parties, be brought before the regular court according to the rules.

Disputes are handled according to the danish law system. Litigations between Xilo and the client have to be reported at the Copenhagen district Court.

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