Terms & Conditions

These terms and conditions were last updated on December 15, 2020.

The following terms and conditions apply to the purchase of all types of products, services, and services from DuelHost ApS.

DuelHost ApS Vesterballevej 5, st. 7000 Fredericia CVR: 41738960

General

DuelHost ApS with CVR no. 41738960 (“DuelHost”) offers on the website www.duelhost.dk a range of products in the form of services that include hosting of web hosting, reseller web hosting, Virtual Private Server (VPS), and domain sales (collectively hereinafter referred to as “services”).

These terms and conditions (“agreement”, “the agreement”) are an agreement between DuelHost and you as a customer. The customer is the legal entity that purchases one or more services from DuelHost via www.duelhost.dk and in that connection accepts these terms and conditions.

This agreement describes the general terms and conditions of service for your use of the services made available by DuelHost. By using the services, you agree to be bound by this agreement. If you do not agree to comply with the terms of the agreement, you are not authorized to use or access the services.

Unless otherwise clearly stated in the description of the relevant service, DuelHost’s services may only be used by the customer for the customer’s internal use and may not be resold to third parties.

When ordering domains, the customer declares that the use of the domain name does not infringe on third-party name or trademark rights or is otherwise presumed to be in violation of Danish law.

Acceptance of Terms and Conditions

These terms and conditions are agreed upon when accepted by the customer in connection with an online purchase, continued active use of the purchased services, or if DuelHost is able to document on another basis that the customer has agreed to be bound by the terms and conditions.

Conclusion

When creating and purchasing services, the customer undertakes to provide correct name, address, postal code, and telephone number. Companies and corporations are required to provide the company’s name, address, and CVR number.

The agreement between the customer and DuelHost takes effect upon the customer’s receipt of order confirmation.

Unless otherwise stated in the description of the relevant service, the customer purchases the services in a prepaid subscription period.

Commissioning and Complaints

The customer is considered to have put a service into use when the customer has received the necessary login information from DuelHost.

Complaints about any errors and defects must be received by DuelHost no later than 5 business days after the customer has received login information.

If there are defects in a service, DuelHost has the right to choose how the error/defect is corrected, including via an update, using a workaround, or by moving the customer to a different operating environment.

Login

The customer gains access to their purchased services from DuelHost via a unique login, which is sent in a welcome email to the email address provided by the customer. The customer has the opportunity to update their login information, which DuelHost encourages the customer to do immediately after receiving the sent welcome email.

The responsibility for any use of the sent login information rests solely with the customer, including all types of changes to the customer’s services that trigger additional payment from the customer to DuelHost.

Change of Customer Information

If the customer moves, or the originally provided information becomes incorrect for another reason, the customer must immediately update their information with DuelHost. DuelHost reserves the right to terminate the agreement if the changed information results in a significant change in the contractual relationship between the customer and DuelHost. The customer is responsible for ensuring that DuelHost receives all relevant changes.

DuelHost reserves the right to change contact information regarding the customer’s domain. The ownership of the domain is not changed in this connection.

Communication

DuelHost has the right to use the customer’s email address for all forms of communication. This includes, for example, service messages, demands, reminders, news, and information about other services offered by DuelHost.

Services

The description of all services that DuelHost delivers can be found on www.duelhost.dk. The descriptions of individual services can be continuously updated and changed by DuelHost, but only with effect for future purchases. In relation to the customer, DuelHost has the opportunity to change the terms or content of the services the customer has purchased access to.

Price, prepayment interval, content, and service level are stated in the description of each individual service.

The customer accepts that all services are not suitable for storing special categories of personal data unless DuelHost has expressly stated this in the description of the relevant service.

The customer is personally responsible for ensuring that the chosen service meets the customer’s needs.

DuelHost’s delivery of the services included in the offer may involve the use of subcontractors. DuelHost makes this decision itself, including which subcontractors may be considered. DuelHost settles directly with any subcontractors.

Right of Withdrawal

The customer accepts when ordering a custom-designed service such as web hosting that the right of withdrawal lapses pursuant to Section 12 of the Consumer Contracts Act.

No right of withdrawal is given on the purchase of the right to use domain names and on renewal of domains. Reference is made to the relevant domain administrator’s business terms. DuelHost’s role is insignificant in this context, apart from the correctness of ordered service execution.

Registration Fee

When registering new domains with DK-Hostmaster, the customer/registrant pays costs in the form of an annual fee, which is charged upon purchase of the .dk domain. In connection with registration, the customer has a duty to provide DuelHost with a valid email address that can be used when sending invoices. When registering international top-level domains (.net, .com, .org, .info, etc.), the customer pays DuelHost’s net costs associated with the registration.

Support and Service

DuelHost’s standard services include support via email, live chat, and support system, which is provided according to DuelHost’s opening hours. DuelHost makes no guarantees regarding response time on support requests.

Customer Obligations

The customer undertakes to comply with Danish law.

The following usage scenarios of DuelHost’s services are not permitted and are considered serious violations of the terms and conditions, which pursuant to the section on ‘Liability and Limitation of Liability’ may result in the imposition of fees and closure of the customer’s access to our services. Repeated violations will potentially lead to an immediate closure of the customer’s services and termination of all agreements entered into between the customer and DuelHost. However, this will never happen without DuelHost contacting the customer and informing about the basis for this, if this is possible.

The customer is not permitted to use our services for:

  • any form of criminal activity including cybercrime such as attempted illegal intrusion into networks, port scanning, mail bombing, and similar.
  • violation of all forms of third-party rights including copyright and other intellectual property rights.
  • pornographic activities including storage of all forms of pornographic material, sale and distribution of pornographic material, and other operation of pornographic/porn-related business. If DuelHost discovers child pornographic material, DuelHost will report the customer to the police without notice.
  • offering services related to gambling activities including game hosting, servers, databases, and integrations as well as services in general that require permission from a gambling authority.
  • sending mass emails and sending spam.
  • spreading viruses.
  • backup, including data that is not accessible via a website.
  • threats or harassment of individuals, organizations, or companies.
  • violation of VAT and tax legislation.
  • any other form of misuse of DuelHost’s servers and other unethical behavior on the internet.

The assessment of breach in relation to the above, including the characterization of spam and unethical behavior, is solely up to DuelHost.

DuelHost has the right to scan the customer’s services for infringing material.

If the customer’s usage pattern of the services is detrimental to other DuelHost customers, DuelHost reserves the right to close or limit the customer’s access to the services.

If DuelHost receives an inquiry that the customer has used and/or is using the services in violation of the above, DuelHost will initiate an investigation of whether, in DuelHost’s opinion, the customer has violated the terms and conditions. If DuelHost, based on this investigation, can conclude that the customer has violated the terms and conditions, DuelHost has the right to close the customer’s access to all services.

Closure of a service in case of one or repeated violations of the terms and conditions will continue until DuelHost has ensured that the customer’s use of the services no longer violates the terms and conditions. DuelHost is entitled to disclose information about the customer’s name, address, and telephone number to a body set up by the IT Industry Association regarding misuse of the Internet.

Cancellation Terms, Closure of Access, and Termination

The agreement on the use of a service can be terminated by the customer with 30 days’ written notice for services with monthly renewal. Other subscription periods can be terminated before the next renewal. All terminations must be in writing.

DuelHost can terminate the use of a service with 3 months’ notice.

DuelHost always has the right to close the customer’s access to a service without notice if:

  • the customer has not paid amounts due for delivered services upon their due date.
  • the customer has used the services in violation of the terms and conditions pursuant to the section “Customer Obligations” or otherwise violated DuelHost’s terms and conditions.
  • DuelHost has sent a reminder to the customer. If DuelHost decides to close the affected service in this connection, access to the service will only be re-established when the customer has paid all amounts due. DuelHost reserves the right to charge the customer a fee for the closure.

Liability and Limitation of Liability

The customer is solely responsible for any use of services made available to the customer by DuelHost. This includes responsibility for access to the services as well as the applications and data the customer uses and stores via the services in the customer’s databases as well as updates, changes, and deletions in the customer’s applications and data.

The customer’s applications include software including websites facing the customer or the customer’s users and customers, which are operated via services made available by DuelHost but not offered as a shared service by DuelHost.

DuelHost is not responsible for updates or ongoing maintenance of the customer’s applications and databases, and the customer is furthermore solely responsible for any degradation in the performance of and outages in DuelHost’s services that relate to problems and errors in the customer’s applications and databases or extraordinarily high traffic to and from the customer’s applications.

The customer warrants to DuelHost that the customer possesses all required licenses related to the customer’s applications that at any time use the customer’s services at DuelHost. The customer further undertakes to continuously renew and update the licenses and indemnify DuelHost for any claim that may arise as a result of missing or insufficient licenses.

The customer undertakes to indemnify DuelHost for any claim and any cost DuelHost may incur as a direct consequence of the customer’s use of the services, including but not limited to the customer’s violation of these terms and conditions.

DuelHost is not responsible for the customer’s lack of access to the services due to:

  • problems with the customer’s own applications caused by, for example, faulty updates, lack of updates and maintenance, lack of support for and access to configuration, etc.
  • prevented access to the internet regardless of the underlying cause
  • all types of attacks against DuelHost’s data center
  • breaks in all types of cables
  • unnatural amount of traffic
  • all other circumstances of an extraordinary nature (force majeure) including legal regulations and government measures or similar, power failure, failing telecommunications, failing access to data centers as a result of terrorism, sabotage, explosions, fire, water damage, vandalism, burglary, lockout, boycott, and blockade, which DuelHost or our subcontractors are not in control of and which could not reasonably have been foreseen at the time of entering into the agreement and should not have been avoided or overcome.

The customer bears the responsibility for timely payment for and renewal of domains used in connection with the services. No refund is given for the purchase and renewal of domains upon termination.

DuelHost is liable under the general rules of Danish law but cannot in any way be held liable for the customer’s loss as a result of direct, indirect, or consequential damages, including operating losses, losses related to cybercrime, loss of expected profit, loss of data, loss of goodwill, losses in connection with payment transfers, unauthorized access to the system, technical breakdowns, errors in website setup, or similar consequential damages related to the use of the service or lack of functions in the service, regardless of whether DuelHost itself is a party to any conflict, and regardless of whether the conflict only concerns parts of DuelHost’s services and functions.

DuelHost’s total liability to the customer is limited to an amount corresponding to the preceding 12 months’ received payments from the customer.

Transfer of Customer Relationship

DuelHost can freely transfer the entire customer relationship to a third party without prior written consent from the customer.

Web Hosting and Reseller Hosting

Web hosting and Reseller hosting packages run by default for 1 month unless otherwise agreed in writing. For new customers, one month is invoiced in advance. The customer is responsible for terminating previous hosting agreements with other providers. Each month, web hosting and Reseller hosting packages are automatically renewed for a new period of the same length, unless otherwise agreed.

Traffic

Unless otherwise stated in the description of a particular service, all services are delivered by default with unlimited traffic. However, DuelHost has the right at any time, without notice, to limit the customer’s service and/or traffic to and from the customer’s applications.

DuelHost can, with 1 month’s notice, introduce payment for traffic to and from the customer’s applications, including for certain types of traffic.

Storage Space

The services are sold with the amount of disk space stated in the description of the relevant service. It is the customer’s responsibility to purchase additional disk space in good time before the disk space is exhausted by upgrading to a larger service package with more disk space included.

Licenses

DuelHost only makes licenses available to the customer that are included as an integral part of the customer’s services. Payment for the licenses is based on the customer’s stated information about the customer’s expected consumption. DuelHost pays costs to the licensor for use of the licenses for a given period at a time. There may therefore be retroactive adjustments to the customer’s payment to DuelHost in case the customer changes behavior in relation to the use of the related service.

DuelHost has the right to retroactively charge the customer for any excess in the use of licenses. This also applies to the customer’s possible discontinuation of use of a service that has given rise to such excess.

DuelHost is also entitled to increase the customer’s ongoing prices without notice by an amount corresponding to the additional license cost that the customer’s changed use of the service triggers for DuelHost.

The customer is solely responsible for possessing the necessary licenses for the customer’s own applications and databases as well as all relevant permissions for the content in them. This also includes the responsibility for ensuring that the licenses give the customer the right to have the applications and databases operated by an external provider.

Prices and Their Regulation

The prices in effect at any time for our services can be seen on DuelHost’s website, www.duelhost.dk.

DuelHost’s prices are stated in Danish kroner including VAT and fees. The stated prices are valid during the subscription period from the customer’s purchase.

In connection with the creation of a service, the customer may be charged a setup fee. The size of any setup fee is stated for the individual service.

If the customer’s resource consumption in connection with the use of a service increases significantly either immediately or over time, DuelHost reserves the right to make an adjustment to the price to reflect the increased consumption of resources. In such cases, the price change will be charged from the date DuelHost can determine that the customer’s resource consumption was increased.

DuelHost’s prices can be adjusted on an ongoing basis in case of an increase in operating costs. In addition, DuelHost can adjust the agreed prices at the next renewal of a subscription. Price adjustments will be published on DuelHost’s website, www.duelhost.dk, and it is the customer’s own responsibility to stay informed about this.

Payment and Payment Terms, etc.

DuelHost sends all invoices and reminders, etc. to the customer via email. Ordered services are paid for in connection with completing the order.

DuelHost can charge reminder fees if reminders are sent to the customer due to non-payment. In case of late payment, DuelHost can impose interest on the payment in accordance with the provisions of the Interest Act.

In case of non-payment, all guarantees in the form of service goals, uptime, response speed, right to support, etc. are waived. In addition, DuelHost has the right, if payment is not received after sending reminder 1, without further notice to close the customer’s access to the services. The customer’s access to the services will only be re-established when the customer has paid all amounts due. If timely payment is not received, DuelHost has the right without notice to permanently close the customer’s access, offset against any prepayment, and charge an extra year’s payment as security for future timely payment.

Security and Backup

The services contain the security features expressly described under the individual services.

For web hosting, it applies that the customer is responsible for securing their own backup. DuelHost provides a backup function through the DirectAdmin control panel, but it will at all times be the customer’s responsibility to activate this function and save a copy of the backup file for possible future use. Restoration from backup of the customer’s applications/data is performed by the customer themselves.

The customer is made aware of and accepts that restoration of data can take considerable time, depending on the amount of data, and the customer must therefore expect operational disruptions during restoration.

For virtual private server (VPS) services, it applies that no security or backup functions are provided by DuelHost. It will therefore be the customer’s own responsibility to provide any backup and security solutions. This follows from the nature of the product.

In Case of Security Breach

All our services are secured behind high-tech firewalls and security measures. In case of a security breach, DuelHost reserves the right to close the connection and data flow to/from the customer’s purchased service until security is re-established. The customer is not compensated in such cases for the time the customer’s service is unavailable.

If one of the customer’s hosted applications or email accounts is attacked, DuelHost reserves the right to close the connection and data flow to/from the affected application or email without notice. In such cases, the connection and data flow will only be reopened when security is re-established.

Disputes and Venue

The customer declares that they are familiar with DuelHost’s terms and conditions. DuelHost reserves the right to make changes to the terms and conditions without prior notice, which will be published on DuelHost’s website, www.duelhost.dk. It is the customer’s own responsibility to stay informed about this.

Any dispute or disagreement between the parties arising from these terms and conditions shall be settled under Danish law with the District Court of Glostrup as the venue in the first instance.

Data Rights and Logging

DuelHost has no rights to the customer’s data except the right to use them for statistical and operational purposes in anonymized form.

DuelHost normally only accesses the customer’s services, applications, and data after express prior agreement with the customer.

Processing of Personal Data and Data Disclosure

The customer is responsible for complying with the General Data Protection Regulation and general legal requirements for storage and processing of personal data, including:

  • ensuring that the customer is legally able to process personal data in the applications and databases that use or belong to the relevant services.
  • obtaining third-party consent for processing if required.
  • responding to inquiries about access and disclosure of personal data within the timeframes set by law.
  • ensuring that personal data is maintained and deleted if necessary.

The customer has the option to use DuelHost’s self-service solution to extract data from their applications and databases.

The customer is made aware of and accepts that DuelHost’s assistance in fulfilling the customer’s obligations, including assistance with data extraction, is settled as billable services.

The customer accepts that the services may not be used for storage and processing of personal information covered by Article 9 of the General Data Protection Regulation (special categories of personal data, such as health information, biometric data, etc.), as the services are not designed for this purpose. It is therefore solely the customer’s responsibility if the customer uses the services in violation of these terms and conditions.

Confidentiality

DuelHost’s staff and subcontractors are subject to unconditional confidentiality regarding information about the customer’s circumstances that they may become aware of in connection with the establishment, operation, and termination of this agreement.

However, the confidentiality obligation does not cover disclosure of information with written permission from the protected party or disclosure required by a public authority pursuant to applicable legislation.

A similar confidentiality obligation applies to the customer’s staff and other partners in relation to matters concerning both DuelHost and our other customers.

DuelHost undertakes not to publish information about agreements entered into without the customer’s prior consent. However, DuelHost is entitled to mention the customer as a reference unless otherwise notified in writing.

Contact Details

You are welcome to contact us via the contact details below regarding questions and comments about these terms and conditions: