Terms of Service

First of all, thanks for making it this far! We love people with an eye for detail. Here’s a brief (but in no way legally binding) summary of the Terms and Conditions written below.

By using Canvas Planner you are agreeing to the following terms and conditions. BY ACCESSING AND/OR USING THE SERVICE(S), YOU ARE AGREEING, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE MOST RECENT TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S).

 

These terms were updated and effective as of 18th February 2017.

 

This Agreement between Canvas Planner and yourself governs your use of the Canvas Planner service (in the following “CP”), and the website (www.canvasplanner.com) including, without limitation, all content, including but not limited to text, information, images, applications, templates software and other information, services and materials (collectively, the “Service”) and all information made available to you or by you through this site by Canvas Planner, and/or third parties.

This Agreement comprises the entire agreement between you and Canvas Planner and supersedes any and all prior agreements between the Parties regarding the subject matter contained herein.

CP reserves the right to revise, update and change this Agreement with or without notice to you, and you agree to be bound by any changes or revisions. Any new features that enhance the current Service, including the release of new features and/or resources, shall be subject to this Agreement. You agree to use Canvas Planner at your own risk and you understand that Canvas Planner is NOT responsible for the content posted on the Service. You can review the most current version of this Agreement at any time here.

Applicability

These terms and conditions apply to all use of Canvas Planner. CP is a web based service that is offered by:

Canvas Planner ApS
Knudmosevej 41
7400 Herning
Denmark

E-mail: hello@canvasplanner.com
Central Business Register number: 35669795

Customer use of CP

Use of CP requires membership. The content of the service provided may vary according to the membership acquired.

Use of CP depends on the customer´s fulfilling of all obligations according to these terms and conditions. This includes that due payments are paid in a timely manner, where the customer enters into the “Professional” or the “Business” membership.

When acquiring any kind of membership with CP, the customer acknowledges that CP may send the customer e-mails, or other kinds of electronic communication, of a commercial nature relevant to CP and to the customer´s use thereof.

Customer data

All customer data submitted by the customer to CP will remain the sole property of the customer, and the customer will have sole responsibility for any such data.

The customer is responsible for any material that the customer, or any third party that may acquire access to the customer´s account with the customer´s consent, may upload, handle, edit or in any way use on CP.

The customer is the sole administrator of his account. The customer may permit other users access to his “space” in accordance with the membership acquired by the customer.

It is the customer’s sole responsibility to ensure that all handling of material or data submitted to CP is not in violation of any laws, including the Act on Processing of Personal Data, and in no way infringing of any third party rights.

CP reserves the right to, without notice, remove and delete any material that may be illicit, infringe any third party rights, be of a defamatory or an obscene nature, or in any way be of a nature such as to lead to liability for CP (objectionable matter).

CP reserves the right to, without notice and without any liability to CP, to remove or delete, block or limit any account with CP that may prove to contain or in any way handle any objectionable matter.

Customer will defend, indemnify, and hold CP harmless from and against all losses arising out of the customer´s, or any third party that may acquire access to the customer´s account with the customer´s consent, misuse or abuse of CP or any other illicit actions or behaviour.

Personal data

The customer´s data are handled and maintained according to the proper standards for security, and CP ensures that CP technically has as set-up that complies with the standard of good practices for IT security, and that the necessary technical and organisational security measures are complied with, including the Act on Processing of Personal Data.

CP ensures that reasonable technical and organisational security measures are in place to avoid any loss of data accidentally or by way of illicit behaviour, and to avoid any destruction or deterioration of data, and that reasonable measures are in place to keep such data from being disclosed to unauthorised third parties, are being misused or are being handled in violation of the Act on Processing of Personal Data.

CP only stores and handles data that is submitted into the system by the customer, and handles them alone according to the instructions by the customer, and within the framework of these terms and conditions and the functionality of CP. CP does not participate in the collection and distribution of such data, CP’s function is limited to providing an IT service. It is the customer, and any third party that may acquire access to the customer’s account with the customer’s consent, that will decide and administer who will have access to particular data on the system. CP will not reveal or distribute the customer’s data to third parties, unless when legally obligated to do so by a public entity, including when receiving a court order to disclose particular data.

It is the sole responsibility of the customer that the collection, use of, and distribution of submitted data is carried out in accordance with the law, including the Act on Processing of Personal Data, provided that the data include personal data.

In case of a demonstrated security breach, or cases in which there might be reason to believe that that customer’s data have been compromised; the customer will receive immediate notice thereof.

Upon the customer´s request, CP will provide the customer with sufficient information such as to enable the customer to verify that the technical and organisational security measures are in place, including attending to the customer´s or Data Protection Agency´s enquiries in a loyal manner regarding security and relevant procedures concerning compliance with the Act on Processing of Personal Data.

Subcontractors

CP makes use of different subcontractors in order to provide the service. CP is not liable for such subcontractors, further than what follows from general rules on liability. CP reserves the right to, without notice, make changes regarding the services provided by subcontractors, including using other subcontractors, or limiting or increasing the number of subcontractors.

Upon request from the customer, CP will inform the customer of the identity of the subcontractors used. Furthermore, a list of the used subcontractors is available at the end of this page.

Confidentiality

As well as the data submitted to the system, CP will handle all other information regarding the customer confidentially, and CP will under no circumstances disclose any information regarding the customer unless such information is already public information. CP does, however, retain the right to use the customer as a customer of reference, however, CP will only refer potential new clients to contact the customer, after obtaining specific confirmation of this from the customer.

It is the sole responsibility of the customer that third parties, who have acquired access to the customer´s account with the customer´s consent, handle all data and information confidentially. The customer and any such third party is required to preserve the confidentiality of any user name or password, and the misuse or infringing use of such information is solely the responsibility of the customer. In case a user name or password is lost, or have become known to an unauthorised third party, CP may change them upon notification to the support.

Membership

A membership runs until it is properly terminated by one of the parties according to article 10. Unless properly terminated, the membership will renew automatically for a successive period corresponding to the last period chosen by the customer. A free membership may be terminated without notice by the customer.

If the membership requires payment of fees, such fees will be due and payable immediately.

Payment of fees is invoiced at the beginning of a month, quarter of a year, or entire year (hereinafter the “fee period”). In case of delinquent payment (in arrears) from the customer, CP retains the right to charge the costumer with interests and recovery fees according to the Act on Interests. CP is entitled to terminate the account and to suspend and/or delete the customer´s data in case of material breach of these terms and conditions.

CP reserves the right to adjust fees. Before adjustment of fees, the customer will receive a notice thereof. Adjustments of fees may enter into force at the earliest from the beginning of the successive fee period.

Membership and use of CP requires that the customer have the legal power and authority to enter into the membership.

The service

CP will endeavour to provide the highest possible uptime. All scheduled maintenance will be sought to be carried out to the least possible inconvenience for the customer. CP may become unavailable because of maintenance, and CP may be obliged to limit availability, or remove or discontinue certain functions in order to protect the system and the customer´s data against possible threats. CP will endeavour to notify the customer about any such measures via e-mail.

CP will react as promptly as possible to all incidents that affect the costumer´s use of CP.

CP aims to maintain continuous availability, including continuously doing maintenance on CP by correcting malfunctions and bugs and constantly developing the system further, by way of improving and adding on new functionalities. Faults and malfunctions will be corrected within a reasonable time in accordance with the nature of the fault/malfunction and its effect on CP.

CP is under no circumstances obliged to restore data submitted after the latest backup leading up to a possible crash or malfunction of the system. CP is under no circumstances liable for any event or loss in this regard, including liability for damages of the customer´s direct or indirect losses. CP may only be required to restore the submitted data as per the last backup. The customer is strongly advised to do regular backups of content.

Change of agreement

Canvas Planner reserves the right to modify the terms and conditions (Terms of Service, Refund policy and Privacy policy) of this agreement at any time. The updated version of terms and conditions can be viewed at Canvas Planner’s website. The customers are responsible for regularly reviewing this agreement. Continued use of Canvas Planner after any such changes shall constitute the customers consent to such change.

Support

CP provides reasonable support to the customer regarding the correct use of CP. The support function does only include guidance regarding the use of CP, and does not include education per se in the use of CP, nor does it include it technical assistance or debugging in the customer´s IT system.

The customer can notify CP regarding faults or malfunctions through the CP support via e-mail on:

support@canvasplanner.com

Support is provided on week days within working hours; [9am-4pm, Monday-Friday]

Term of the membership and breach of the terms and conditions

A free membership may be terminated by the customer without any notice, and be terminated by CP with a 30 days notice.

A paid membership may be terminated by anyone of the parties to the end of a fee period.

CP reserves the right to terminate the agreement with the customer without notice, including the right to delete, remove or edit the customer´s data in case of the customer´s material breach of these terms and conditions. Any actions by third parties, for whom the customer is responsible, towards CP that would constitute material breach of these terms and conditions had the customer done them himself, are to be considered material breach of the present terms and conditions.

Any delinquent payment may be considered material breach of these terms and conditions. It will always be considered as material breach of these terms and conditions if payment has not reached CP at the latest 15 days after the date on which payment was due and payable. In this case, CP will be entitled to, without any notice, delete any of the customer´s material/date and membership with CP.

CP is under no obligation to return data to the customer upon expiry or termination of the contract.

CP is under no obligation to keep the customers data upon termination of the contract.

Right to withdrawal for consumers

The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right, the customer must inform us; Canvas Planner ApS, Knudmosevej 41 7400 Herning, Denmark, e-mail: hello@canvasplanner.com, of the decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, or e-mail.)To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the customer withdraws from this contract, we shall reimburse the customer all payments received from the customer, without undue delay and in any event not later than 14 days from the day on which we are informed about the customer´s decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement

The right to withdrawal applies exclusively to consumers.

Intellectual property rights

Canvas Planner ApS is the proprietor of all rights to this service, including, but not limited to copyrights, trade mark rights, or any other kind of intellectual property right. The customer or any other third party who has acquired access to the customer´s account with the customer´s consent warrants that he will not break or undertake it to break any license codes, remove or surpass applied limitations on functionality, or facilitate access to a higher number of users than what follows from the customer´s membership. Any violation of Canvas Planner ApS´rights is considered a material breach of these terms and conditions.

Desclaimers and limitations

CANVAS PLANNER APS IS UNDER NO CIRCUMSTANCES LIABLE FOR THE CUSTOMER´S INDRECT LOSSES OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EXPECTED PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGE TO DATA OR ANY OTHER KIND OF DISTURBANCE IN BUSINESS, OR ANY OTHER ECONOMIC CONSEQUIENTIAL DAMAGE, THAT MIGHT ARISE FROM USING THE SYSTEM OUT OF DEFECTIVE OR INSUFFICIENT PERFORMANCE OF THE SYSTEM OR DELIVERY OF OTHER SERVICES CONCERNING THESE TERMS AND CONDITIONS. CANVAS PLANNER APS IS IN THE SAME WAY UNDER NO CIRCUMSTANCES LIABLE FOR SUCH THIRD PARTIES WHO MAY HAVE ACQUIRED ACCESS TO THE CUSTOMER´S ACCOUNT WITH THE CUSTOMER´S CONSENT.

CANVAS PLANNER APS´LIABILITY FOR DAMAGES MAY IN NO CASE AND UNDER NO CIRCUMSTANCES – REGARDLESS OF THE DEGREE OF NEGLIGENCE – SURPASS WHAT THE CUSTOMER HAS PAID DURING THE LAST 12 MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM.

FORCE MAJEURE

Canvas Planner ApS will under no circumstances be liable for any damages or losses that the customer, or any third party who has acquired access to the customer´s account with his consent, might suffer directly or indirectly as a consequence of Canvas Planner ApS not being able to perform according to these terms and conditions because of a force majeure situation. Force majeure situations are e.g. but not limited to; mobilisation, acts of terrorism, natural disasters, strikes, lock-outs, fires, floods or other kinds of water damage, restrictions on import/export, viruses, illness of key persons, power failures, failures/malfunctions in third parties telecommunication systems or any other delay or failure to comply with these terms and conditions that result from circumstances that Canvas Planner ApS could not reasonably have prevented.

In case that a force majeure situation has persisted for more than 90 days, the customer will be entitled to terminate his membership, and Canvas Planner will thus be obliged to return a proportionate part of the amount paid to the customer. Such amount will be calculated according to the time of termination and the expiry of the forthcoming end of a quarter of a year.

Transfer of rights

The customer is not entitled to transfer rights or obligations to any third party.

CP is entitled to transfer all rights and obligations to any third party.

Choice of law and venue

These terms and conditions are entirely ruled by, and must be construed according to, Danish law. Any dispute arising from or relating to these terms and conditions, or their subject matter, is under the exclusive jurisdiction of the Court of Herning, Denmark.

List of Subcontrators

 

ANNEX: Withdrawal form

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