These general terms have been agreed and apply (the “Agreement”) between BlackstoneOne Aps (“BsO”) and the business or public entity (the “Customer”) with related users (“Users”) that has acquired and uses the BlackstoneOne IT security system.
- The Customer’s access to use the BlackstoneOne IT security system is subject to the Agreement and the documentation at BlackstoneOne’s website applicable from time to time.
- BsO makes BlackstoneOne available with the features appearing from BlackstoneOne’s website and the version of the system applicable from time to time.
- BsO develops, maintains and supports BlackstoneOne in accordance with BsO’s guidelines for this in force from time to time.
- BlackstoneOne is reserved for commercial use by businesses and public authorities and other legal entities using BlackstoneOne in a business context. BlackstoneOne thus cannot be acquired or used by consumers and accordingly the consumer protection rules in force do not apply.
- The Customer and all affiliated businesses and public entities will get a limited, non-transferable, non-exclusive and time-limited right of use to use BlackstoneOne for the Customer’s own internal monitoring of IT security and for whom the Customer pays the subscription fee.
- The right of use is subject to the Customer paying the current subscription fees.
- The Customer may let its employees, advisors and other related named natural persons use BlackstoneOne.
- The individual User’s access to BlackstoneOne is personal and must not be used by others than the relevant User and the User is not entitled to grant access to third parties by way of use of the User’s personal user ID and password.
- The Customer is responsible and liable for the Users registered by the Customer, including for ensuring that the Users comply with the Agreement and other guidelines applicable for BlackstoneOne and for the Customer.
- The Customer is not entitled to access or change any files and access protection features providing access to the use of BlackstoneOne. Furthermore, the Customer is not entitled to change or remove any indications and/or remarks regarding copyright, trademarks or other rights in BlackstoneOne.
- BsO reserves the right to block the Customer’s and the Users’ access to BlackstoneOne in the event of the Customer’s breach of the Agreement.
Payment of subscription fee
- The Customer is under an obligation to pay the current subscription fee.
- The subscription fee is charged according to the price, which depends on the number of servers and web pages in accordance with the price schedule applicable from time to time at BsO’s website or according to a separate agreement.
- All prices indicated at BsO’s website or otherwise stated by BsO are in Danish kroner and exclusive of VAT and any duties payable in accordance with applicable rules.
- The subscription fee is calculated and invoiced based on the subscription period of 12, 36 or 60 months. The subscription invoice is minimum 12 months.
- All invoices fall due for payment 14 days after the invoice date. In the event of overdue payment, the Customer will receive a reminder eight (8) days from the invoice due date. If the subscription fee remains overdue, a second reminder is sent eight (8) days after the first reminder. In case the subscription fee is still overdue eight (8) days after the second reminder is sent, the Customer’s access to BlackstoneOne is blocked. The Customers access to BlackstoneOne will be reopened upon BsO receipt of full payment unless BsO before has terminated this Agreement for breach.
The Customer's responsibility and obligations
- BlackstoneOne is a browser-based Internet application. The Customer must, therefore, have an Internet connection and keep updated with the supported browser versions applicable from time to time indicated at blackstoneone.net.
- The Customer has sole responsibility for its own and the Users’ compliance with all relevant legislation and security measures in connection with the implementation and all types of use of BlackstoneOne.
- The Customer is responsible for ensuring that BlackstoneOne is applicable in relation to the specific use intended, including for the integration or interaction between BlackstoneOne and the Customer’s other systems.
- The Customer is responsible for ensuring that access and login information (e.g. user ID and password) is stored in a manner preventing unauthorised access. If the Customer suspects that unauthorised persons have gained access or that a risk of such unauthorised access exists, the Customer must notify BsO thereof immediately.
Intellectual property rights
- BsO holds the title, copyright and all other intellectual property rights in BlackstoneOne and in templates, formats, etc., to which the Customer obtains a right of use (license) on the terms applicable for such use.
- BsO guarantees that BlackstoneOne is not infringing any third party intellectual property rights.
- The Customer owns and has full control of its own data in BlackstoneOne and BsO holds no rights whatsoever in the Customer’s data.
- BsO will delete the Customer’s data in connection with the expiry of the Agreement, irrespective of the reason for such expiry. BsO is not under an obligation to store the Customer’s data.
- BsO is entitled to use data at an aggregated and anonymised level as part of BsO’s general business activities and for statistical purposes.
- BsO strives the ensure the best possible operating reliability but is not responsible for breakdowns or operational disruptions, including for operational disruptions caused by factors outside BsO’s control, among other things, power failures and errors on equipment, Internet connections, telecommunications connections, and the like.
- In the event of breakdowns or disruptions, BsO will strive to restore normal operations as quickly as possible.
- Planned interruptions will primarily be placed between 9:00 pm and 6:00 am CET. Where it proves necessary to interrupt the access to BlackstoneOne outside this window, notification thereof will be given to the extent this is possible.
Support, maintenance, and further development
- The subscription includes telephone support and email support as described from time to time at blackstoneone.net.
- BlackstoneOne is made available to the Customer as is in the updated version applicable from time to time.
- On an ongoing basis, BsO will, at its own discretion, update, maintain and further develop BlackstoneOne, including adding to, removing from and/or altering the composition and structure of BlackstoneOne and of the BlackstoneOne website to be implemented on an ongoing basis and where necessary without separate notice.
- BsO has implemented the usual technical and organisational security measures to ensure that the data in BlackstoneOne is not accidentally or unlawfully destroyed, lost or impaired or brought to the knowledge of unauthorized third parties, abused or otherwise processed contrary to the Danish Act on Processing of Personal Data.
- BlackstoneOne is not liable in the event the data comes to the knowledge of third parties due to unauthorised intrusion into the transmission line or errors in data transmissions outside of BsO’s control.
- The Customer must ensure that unauthorised persons do not gain access to BlackstoneOne via the Customer and that the Customer and the Users observe the security instructions in the BlackstoneOne system.
Term and termination
- The Agreement is in force until the Agreement is terminated for convenience by the Customer or BsO giving three months’ written notice to expire of the subscription period.
- BsO may at any time and giving the same notice amend the Agreement with general effect for its Customers, including the conditions for use and the calculation of the subscription fee with binding effect on the Customer. Notice will be given at the BsO website. Where the Customer is unable to accept the amended terms of the Agreement, the Customer’s sole remedy is to terminate the Agreement.
- In the event of a material breach, the party not in breach is entitled to terminate the Agreement, if a complaint is made about the material breach giving 14 days’ written notice and the breach has not been remedied within this period by the party in breach.
- In the event of expiry of the Agreement, the Customer’s access to BlackstoneOne will cease at the time of expiry of the notice period or at the date of termination for cause.
- In the event of expiry of the Agreement, the Customer must pay subscription fee until the time of expiry. BsO is in no case under an obligation to refund fees received to the Customer.
- The Parties are liable according to the general rules of Danish law unless otherwise provided in this Agreement.
- BsO will make BlackstoneOne available in the updated version applicable from time to time and makes no direct or indirect warranties, guarantees, undertakings or claims as to the use, applicability or fitness for a particular purpose for the Customer and/or its Users and disclaims any and all liability in this connection.
- BsO is only liable for its own products and services. BsO assumes no liability for matters relating to an agreement, if any, between the Customer and one of BsO’s business partners or for the products and services of third parties.
- BsO is under no circumstance liable for operating loss, operational disruptions, loss of profit and revenues, loss resulting from loss of data, reconstruction of data or loss of access to such data, lost savings or for claims made by a third party against the Customer or for indirect loss or consequential loss of any kind.
- In the case of loss of data, which is solely attributable to BsO, BsO endeavors to reconstruct the Customers data based on available backups.
- The Customer is responsible for the registered domain(s), servers, websites etc. is owned by the Customer.
- Irrespective of the basis for such liability, BsO’s total liability is limited to the subscription fee paid by the Customer in the calendar year in which the loss has incurred.
- BsO and the Customer must observe confidentiality with respect to all information which, according to its nature, is confidential, including confidential information about the other Party and its employees, trade secrets and information about business partners.
- Such confidential information may only be used and stored in the course of the performance of obligations under the Agreement.
- The duty of confidentiality will remain in force after the expiry of the Agreement irrespective of the reason for such expiry.
- BsO is entitled to use the Customer as a reference in a loyal manner for marketing purposes.
Governing law and jurisdiction
- Any dispute between BsO and the Customer must be settled according to Danish law by the Copenhagen City Court.
- This Agreement is valid from 1 April 2016