1. Scope of Terms and Conditions
AccuRanker is provided by eTarg Media Ltd. (the “Supplier”)
The Subscription Terms and Conditions (the “Terms” ) are accepted by entering billing information and is valid between the Supplier and the customer (the “Customer”) who accepts the Terms.
Changes to the Terms can only be made by individual written agreement between the Supplier and the Customer and signed by both parties’ authorised representatives.
For any questions about the Terms please feel free to contact us at hello@AccuRanker.com
These terms will be updated on a regular basis.
2. Creating a Subscription
When creating a user, the information specified as mandatory must be filled in. The Customer identifies with company name, company registration number, contact name and a valid email address.
The information given by the Customer will only be available for the Supplier and will not be passed on to others. Read more about data security in paragraph 6.
The Supplier is entitled to send any messages, etc. to the email address provided by the Customer.
The Customer is obligated to continuously update user information and contact information so these are correct at any time.
The Supplier may at any time demand the Customer to identify itself the Supplier, so the Supplier can confirm the Customer’s user information. The Supplier is entitled to wholly or partially suspend the Customer’s access to AccuRanker until the Customer has identified itself to the Supplier.
3. Subscription Scope and Use
The Supplier offers a 14 day free trial period. The Supplier offers one (1) trial period per Customer. At the end of the trial period the access to AccuRanker will automatically be suspended without notice. The Supplier is entitled to suspend access to AccuRanker during the trial period if suspicion of violation of the Terms.
The subscription gives access to AccuRanker and any additional modules chosen.
Please be aware that systematic adding and deleting large quantities of keywords is considered a violation of the Terms.
The use of the subscription applies to the legal entity creating the subscription. The Customer’s access and right to use AccuRanker may not in any way be given, sold or sublicensed to any third party.
The subscription is in effect upon accepting the Terms and until the end of the chosen period. The first subscription period runs from the date of creating the subscription and invoiced the chosen period in advance. Payment for the subscription must coincide with creating a subscription.
The subscription is automatically renewed with an additional period at the end of the chosen period.
The Supplier is entitled to suspend access to AccuRanker in case of suspicion of violation of the Terms. If the Customer uses AccuRanker in violation of the Terms, individual agreement or other ways considered unlawful the Supplier is entitled to terminate the Customer’s subscription and access to AccuRanker without notice and without a refund for the remaining period of the subscription.
4. Terms of Payment
It is a precondition for creating a subscription that the Customer signs up for payment using PayPal or a credit card approved by the Supplier and the Suppliers’ payment provider.
The Supplier’s payment provider is BraintreePayments. Information on the credit cards that can be used is available on www.accuranker.com. Payment is made in US dollars.
The first payment will be deducted when creating the subscription. Subsequent payments will be deducted with subscription renewal.
If the Customer's payment is declined or otherwise can not be completed the Supplier will contact the Customer by email. The Customer must then immediately update payment information at the Customer’s account page on www.accuranker.com. If the Supplier has not received payment within 4 days from the date of the subscriptions renewal, the Supplier is entitled to suspend the access to AccuRanker without further notice until payment is made.
If the Customer without prior agreement with the Supplier cancels payment through PayPal or the credit card carrier access to AccuRanker will be suspended immediately. Payment cancellation through PayPal or the credit card carrier will not be accepted by the Supplier as the Customer’s termination of the subscription. For terminating a subscription see paragraph 5.
5. Terminating a Subscription
The customer may at any time terminate a subscription to the end of the subscription period. If not terminated, subscription will be extended by an additional subscription period.
The Supplier must receive the Customers’ notice of termination before the end of a subscription period.
A subscription must be terminated by the Customer by logging into the Customer’s account page at www.accuranker.com. Termination made in any other way will not be accepted by the Supplier.
When terminating af subscription it will not be possible to receive a refund for the remaining subscription period.
6. Data Security
The Supplier emphasizes a high level of data security in connection with the operation of AccuRanker.
The supplier only handles the Customer’s information as instructed and thus not for own or unrelated purposes.
Any information about the Customer the Supplier is in possession of or may come in possession of is handled with strict confidentiality and is not disclosed to any third party without accept from the Customer.
The supplier has taken appropriate technical and organizational security measures to protect information in AccuRanker accidental or unlawful destruction, loss or deterioration and to protect data against unauthorized disclosure, abuse or other processing in violation of the Danish Act on the Processing of Personal Data.
The Data Controler for AccuRanker.dk is eTarg Media Ltd., Aaboulevarden 3, 3rd Floor, 8000 Aarhus C - Denmark, email: firstname.lastname@example.org. All inquiries regarding data security and the processing of data in connection with AccuRanker must be made through the above contact information.
7. Customer Data
Customer has access to export all data through AccuRanker’s export function before the end of the subscription period.
Any export of data must be made before the end of the subscription period. The Supplier has no obligation to retain data after the end of the Customer’s subscription period.
Ownership of any data in AccuRanker is transferred to the Supplier in case of not receiving subscription payment from the Customer.
8. Operational Stability
The Supplier seeks the highest possible operational stability, but is not liable for disruptions caused by factors outside the Supplier’s control. This includes, but is not limited to, power failure, failure of servers, telecommunication connections or the likes.
The Supplier shall in all cases aim to restore operations as quickly as possible.
9. Preventive Maintenance
To provide the best possible service it is necessary to periodically expand and/or replace equipment and perform software updates etc.
In this context, it may be necessary to suspend Customer access to AccuRanker.
Such interruptions will preferably be placed between 9:00 p.m. and 06:00 a.m. CET. Should it become necessary to suspend access to AccuRanker beyond the period specified, the Supplier will notify the Customer.
The supplier is not liable for any interruptions between the hours 9.00 p.m and 6.00 a.m. CET . Outside this period, the Supplier is not liable for any interruptions, provided that they are announced beforehand.
The supplier is entitled to continually make changes, including updates and improvements of AccuRanker .
10. Intellectual Property Rights
All intellectual property rights associated with AccuRanker is the exclusive and sole property of the Supplier .
Individually produced software also belongs to the Supplier unless otherwise separately agreed upon with the Customer in writing.
Subject to Customer’s payment of all fees, the Customer is granted a non-exclusive right to make use of AccuRanker to the Customer’s own internal business purposes. The Customer is not entitled to either fully or partially give, sell, assign or sublicense the access to AccuRanker to any third party.
The Supplier is entitled to exercise any general knowledge, including information, ideas, concepts, know-how or techniques Supplier obtains in connection with the provision of the services.
The Supplier is entitled to develop, produce, deliver and negotiate identical or similar services in relation to other Customers.
The Supplier is entitled to transfer rights and obligations arising from these Terms to a company controlled by the Supplier.
11. Limitations for Liability
The supplier is liable for damages in accordance with Danish law with the provisions specified as liability exclusions in these Terms .
Supplier’s liability is further limited only to cases where the Supplier is proven to have shown intent or gross negligence. Supplier is only responsible for the Supplier’s own services.
Supplier shall under no circumstances be held liable for defects, delays, failure to perform duties or any other account in accordance with an agreement between the Supplier and the Customer, provided that such whole or in part is due to:
Customer’s negligence or breach of these terms and/or the parties’ agreement in general.
Customer’s other suppliers or other third parties associated with the Customer.
Customer’s use of services in a different way than the assumed.
Computer Viruses, hacking, Trojans, spyware, interference with technical protection measures derived from sources other than the Supplier.
Accidental events such as Customer bears the risk of and
Losses covered by insurance taken out by the Customer or for the benefit of the Customer.
Supplier’s total liability for claims, including compensation and penalty is limited to the Customer’s direct losses and may never exceed 50% of the total amount the Customer paid for the services.
The customer is not entitled to claim compensation for indirect or consequential damages, including but not limited to, loss of business opportunity, loss of profits, loss of goodwill, loss of data including losses associated with restoring data.
12. Force Majeure
Neither party will be liable for any delay or failure to perform obligations (except payment of fees) that are caused by force majeure, including but not limited to war, riot, rebellion, general strike, fire, natural disasters, currency restrictions, import or export prohibition, interference with normal traffic and communication, interruption or failure in the energy supply or long term illness of key consultants.
The Supplier reserves the right to use Customer as a reference for marketing, sales material and studies. Customer grants the Supplier the right to use the Customer’s name and logo in this regard.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Danish law.
Any dispute between the Customer and the Supplier shall if possible be presented the parties’ authorized representatives who shall resolve the dispute together. If the parties’ authorized representatives are unable to resolve the dispute it shall be brought before the court at the Supplier’s jurisdiction.