Terms of reference

The following constitute the terms and conditions for the customer’s (hereinafter “your/you”) purchase and use of Bondtofte & Co. ApS’ (hereinafter “our/we”) software tool for tracking Google rankings, “Serpreme” (hereinafter “the Service”).

Unless otherwise specifically agreed between you and us, these terms and conditions apply to your purchase and use of the Service.

Fees and subscriptions

We offer a range of subscriptions as well as a free trial period.

The free trial period consist of a 31-day period during which you will be able to track up to 10 keywords free of charge. You are not required to provide us with your credit card information in order to sign up for a free trial. You can however, during or after the free trial, choose to sign up for a subscription.

If you, by the end of the free trial period have not signed up for a subscription, you will no longer be able to access the data pertaining to your account or your key words.

The list of subscription fees applicable from time to time can be found here. We reserve the right to regularly regulate the subscription fees in accordance with any changes in our suppliers’ costs, salaries, fees, taxes, etc. All fees may be adjusted with 30 days’ written notice effective as of the beginning of the next monthly subscription period.

We are entitled to charge a credit card fee of 0,30 USD pr. invoice.

Subscriptions are available on a monthly basis and will automatically renew for the same term using the payment method on file, unless you change or discontinue the Service. However, there is no sign-up fee and the Service is provided as a pay-as-you-go service. You will thus only be charged for the subscription months in which you have actually used the Service and requested tracking of one or more search words. 

An invoice will be e-mailed to you and will be available via the Service as well.

During subscription periods, where you are not tracking any key words, we will not charge any subscription fees.

If you are not tracking any key words during a period of three consecutive months, we are entitled to delete your account. You will receive a final reminder of the cancellation 14 days before the expiry of the three months period. The e-mail will contain a link you must visit, if you wish to keep your account alive. If you do not confirm your wish to keep the account alive by clicking the link within the expiry of the three months period, your account will be deleted. If you confirm your wish to keep the account alive, a new three month period will commence. If during these three consecutive months you are still not tracking any key words, we are entitled to delete your account without giving any notice.

To discontinue the Service, you must inform us hereof by cancelling the subscription via your account settings within the Service. Cancellations must be made in accordance with clause 10.

When creating a user account, you provide us with your credit card information. When purchasing a subscription, you acknowledge and accept, that we are entitled to charge monthly fees from your credit card, corresponding to the amount of search words for which you have requested tracking. If our request to charge the monthly fee in question from your credit card is rejected, we will contact you via e-mail and request for you to update the credit card information pertaining to your user account. If you have not updated your credit card information within 30 days of receipt of the request, or if the new credit card, for which you have provided us with information, cannot be charged either, we are entitled to terminate your subscription. You will still be required to pay any missing monthly fees.

Upon late payment, the amount in question yields interest with 2 % for each month or part of a month. If you are a consumer, the amount in question yields interest in accordance with the Danish Act on Late Payment.

Refund policy

The Service is provided as an online software solution, and you will thus not receive any physical products from us. Due to the nature of the Service, you are not able to return the Service.

If you are a private consumer, you have, when you purchased the Service, acknowledged and accepted that upon purchasing this digital product, you disclaim your 14 days right of cancellation. As a consumer, you are however still entitled to a two year warranty.

User accounts

When you create a user account, you are responsible for providing us with accurate, complete and at all times current information. If you fail to do so, it will be considered a breach of these terms and conditions, and we will be entitled to terminate your subscription effective immediately.

You are responsible for the security of the password that you use to access the Service and for any and all activities performed through the use of your password.

Personal use

By purchasing a subscription and using our Service, you obtain a non-exclusive license to access and use the Service. The rank tracking data provided via the Service is for your personal, or your company’s, use only. You are therefore not entitled to disclose, sell or otherwise publish or make the abovementioned material available to any third parties without our written consent.

If we find that you, without prior written consent, have passed on, shared, sold, published or in any other way made the abovementioned material available to any third parties, you are obligated to pay us DKK 10,000.00 as liquidated damages. Your payment of liquidated damages does not prevent us from claiming damages in accordance with Danish law. Additionally, we are entitled to terminate your subscription effective immediately, and you will still be required to pay any outstanding monthly fees.

Personal data

When you create a user account, you provide us with personal data pertaining to you or, if you are a company, a member of your organization.

For more information on how we process your personal data please refer to our Privacy Policy.

Limitation of liability

We are not liable to you or any third party claimant for any indirect, punitive, consequential or incidental losses or damages, including but not limited to, lost profits or lost data inserted into the Service. Our total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands or actions arising out of or in connection to these terms and conditions or your use of the Service shall not exceed the total paid-in fee from you to us within 12 months prior to the date the claim is first brought against us.

Disclaimer of warranties

The Service is provided “as is”. We hereby disclaim all warranties of any kind, either expressed or implied, including but not limited to warranties of fitness for a particular purpose and non-infringement. Neither we nor our contractors make any guarantee that the Service or the website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted.

If you are a private consumer, this clause only applies to you to the extent possible in accordance with Danish law, cf. clause 3.

Service level

We will use our best efforts to guarantee a minimum of Service downtime per year, however we are not liable for any downtime resulting from, including, but not limited to, internet service provider outages, power outages, equipment failures, scheduled maintenance or force majeure.

Termination

You are entitled to terminate your subscription with one month’s notice effective at the end of the current monthly subscription period, cf. clause 2.

We are entitled to terminate your subscription with 1 month’s notice. If you are in breach of these terms and conditions, we are entitled to terminate your subscription effective immediately.

Modifications

These terms and conditions may be amended or updated by us from time to time. Your use of the Service after any such amendment or update of these terms and conditions shall signify your acceptance of the revised terms and conditions. As a consequence, you are responsible for visiting and reviewing these terms and conditions periodically.

Contact information

If you have any questions regarding the content of these terms and conditions, please feel free to contact us at

Bondtofte & Co. ApS Central Bussiness Registration no. 33 64 29 11 Rugårdsvej 7,1 5000 Odense C Phone: +45 7199 3990 E-mail: kontakt@bondtofte.dk

Disputes

These terms and conditions are governed by Danish law. Any disputes arising out of or in connection with these terms and conditions or your use of the Service, must be settled by the District Court of Odense. If you are a private consumer, the venue will be decided in accordance with the Danish Administration of Justice Act.