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7. juni 2016
Terms and Conditions for the Purchase of Products and Services on www.rismasystems.com
1.1 The definitions used below in these terms and conditions have the following meaning, unless the specific context provides other definitions:
“Agreement” means the agreement entered into between Risma and the Customer regarding the purchase of Products and Services via the Website.
“Customer” means any person or entity that completes a purchase for Product or Services via the Website.
“Effective Date” means the date the Agreement and these Terms are electronically accepted, click-accepted or, if signed in hard copy by the Customer, the date of last signature, or in the absence of any of the forgoing, the Agreement and these Terms shall be effective from the date an order is placed by the Customer.
“Price List” means the price list(s) published at the Website from time to time applicable the relevant Products and Services purchased by the Customer.
“Products” means any and all products listed on the then-current Price List and Website, including Software.
“Risma” means Risma Systems A/S, company reg. (CVR) no. 32 76 97 13, Lyskær 8, DK-2730 Herlev.
“Services” means any maintenance, technical support, or any other services performed or to be performed by Risma.
“Software” means the readable (object code) version of the Product listed from time to time on the Price List and made available by Risma for license to Customer and any copies made, bug fixes for, updates to, or upgrades thereof.
“Terms” means these terms and conditions (as amended from time to time by Risma) and any other document referred to in these Terms or otherwise made available by Risma on the Website.
“Website” means www.rismasystems.com and all related websites as well as any other websites managed by or associated with Risma.
2.1 Any purchase through the Website is subject to the Terms applicable at the time of the purchase.
2.2 The Terms must be accepted before purchase is completed. If a Customer does not accept these Terms, such person and/or company must refrain from purchasing Products and Services through the Website.
2.3 Risma reserves the right to make amendments to the Website and these Terms at any time. Customers are responsible themselves for understanding and keeping up to date with these Terms. Any change or amendment will apply from the point of time at which Risma introduces such changes to the Website.
2.4 These Terms supplement any specific Agreement that governs the Customer’s purchase of Products and Services.
3.1 Prices for Products and Services shall be those specified in Risma’s then current Price List or in accordance with an applicable, valid written price quotation, if any, submitted by Risma to the Customer for such Products or Services.
3.2 All prices listed in the then current Price List include installation of cloud solutions and any updates to, or upgrades of the Product.
4.1 The Customer is obligated to finalize its payment in accordance with the Agreement and the Price List.
4.2 Payment must be made either upon receipt of an invoice.
4.3 If at any time the Customer is delinquent in the payment of any invoice, or is otherwise in breach of the Agreement or these Terms, Risma may, in its discretion, and without prejudice to its other rights, withhold or terminate Products or Services.
5. Use of Products
5.1 The Customer is entitled to use the number of licenses purchased by Customer and identified on the order-confirmation.
5.2 Any use of the purchased products must be in accordance with these Terms and any additional license agreement.
5.3 Use of the purchased Products must at any time be fair and ordinary.
5.4 The Customer is not to use the purchased Products for any purpose violating laws, and rights such as third party rights or moral rights.
6.1 The Customer may upgrade the number of licenses by purchasing additional Products.
6.2 When additional licenses are purchased, the additional licenses will be purchased for a period of time corresponding to the remaining part of the license period of the licenses purchased originally, and the purchase price will be calculated as a matching proportionate price
7. Intellectual Property Rights
7.1 Any and all intellectual property rights connected to the Product provided by Risma, including, but not limited to, patents, trademarks, domain names, copyrights, design rights, software, source codes, trade secrets, and knowhow, belong to Risma with all rights reserved.
7.2 Risma grants to the Customer a non-exclusive, non-transferable license to use the Product for the Customer’s internal use. Any resale of Software to any person or entity is expressly prohibited. The Customer may not sublicense, to any person or entity, any rights to distribute the Software.
8.1 The Customer acknowledges and accepts (i) that any confidential information regarding Risma that is disclosed to the Customer, or which in any other way is made available via the Website, in accordance with these Terms is to be regarded as the sole property of Risma; and (ii) to keep such information confidential and not disclosed it to any third party, with the exception, however, of when publication is required by applicable law, provided that the Customer in question (a) to the extent possible, notifies Risma in writing of the information which is to be made public and of the circumstances in which disclosure is claimed to be necessary as early as possible prior to making such disclosure; and (b) takes all reasonable precautions in order to avoid and limit disclosure.
8.2 Risma undertakes to keep any information provided by any Customer confidential at all times.
9.1 Risma must at all times comply with applicable laws on data protection and protection of privacy regarding the processing of Customers’ personal data. When applying this provision, the term “personal data” has the same meaning as the equivalent term in the Danish Act on Processing of Personal Data (in Danish: “Persondataloven”).
9.2 The Client acknowledges and accepts that under certain circumstances, Risma may be under an obligation to pass on personal data to third parties, e.g. in order to comply with applicable law or to protect and defend Risma’s property rights, provided that the relevant third party receiving the information is bound by confidentiality.
10. RISMAcom and newsletters
10.1 Risma may at any time push and send the Customer information and tips regarding the Products, offers, new functions, newsletters and other messages via the RISMAcom system, to the Customer’s email address, provided that Risma deems it to be relevant.
10.2 A Customer may at any time unsubscribe from newsletters by clicking the unsubscribe link in the newsletter or notifying Risma via email.
11.1 Risma does not warrant that the Products and software are compliant with the Customer’s requirements or the Customer’s hardware or software.
11.2 Risma has created the software with utmost diligence and expert knowledge. Except where otherwise stated in these Terms, Risma shall not be liable for any loss or damage suffered by the Customer, or any costs, expenses or other claims including, but not limited to: (i) loss of profit: loss of business; (ii) loss of revenue; (iii) loss of goodwill; (iv) loss of anticipated savings; (v) loss of any data or information and/or (vii) special or indirect loss or consequential loss or otherwise which arise out of or in connection with these Terms.
12.1 Risma may transfer all or part of Risma’s rights and/or obligations under these Terms to any affiliated company without the User’s consent.
12.2 No Customer may transfer its rights and/or obligations under these Terms to any other party without Risma’s prior written consent.
13. Partial Invalidity
13.1 In the event that any provision in these Terms or the application thereof is declared or deemed invalid or unenforceable, partially or fully, such provision will be regarded as being separated and will not affect the validity and enforceability of the remaining provisions of these Terms.
14. Commencement and Termination
14.1 The Agreement and these Terms shall commence on the Effective Date and continue thereafter for a period of 12 months, unless terminated sooner, as set forth below.
14.2 The Agreement and these Terms shall be automatically renewed, for successive 12 month periods, unless at least 3 months prior to the date of any such renewal, either party shall have given written notice to the other of its intention that the Agreement and these Terms shall not be renewed. These Terms shall automatically terminate at the end of the annual period during which such notice is given.
14.3 The Customer and Risma may terminate the Agreement and these Terms immediately by written notice if (i) the other party ceases or threatens to cease to carry on business as a going concern; or (ii) the other party becomes or is reasonably likely to become subject to voluntary or involuntary proceedings in bankruptcy or liquidation; or (iii) the other party materially breaches its obligations under the Agreement and these Terms.
14.4 Upon termination or expiration of the Agreement and these Terms, (a) Risma reserves the right to cease all further delivery of Product or Services, (b) all outstanding invoices immediately become due and payable and (c) all rights and licenses of Customer under the Agreement and these Terms shall terminate.
15. Governing Law and Venue
15.1 The Agreement and these Terms are subject to Danish law and are to be construed pursuant thereto without consideration of any conflicts between statutory provisions.
15.2 Any dispute that might arise from the Agreement or these Terms is subject to the jurisdiction of Maritime and Commercial Court (in Danish Sø- og Handelsretten), Denmark.
16. Contact Information
16.1 Risma may be contacted at:
Risma Systems A/S
Phone: +45 70 25 47 00