SALES AND DELIVERY TERMS
Terms and conditions
The following terms apply for the purchase of products and services from Hyper Town and the use of the website in general.
Note that the following terms of use also apply when signing up for a trail period subscription.
This agreement is entered into between you and Good people ApS.
Hyper Town by Good people (from now on Hyper Town, we or us)
BORNHOLM //
STENBRUDSVEJ 11
3730 NEXØ
DENMARK
COPENHAGEN //
NANNASGADE 28
2200 COPENHAGEN N
DENMARK
E-mail: sales@HyperTown.net
The User or Subscriber (from now on “you”) must be 18 years of age, when acquiring an account and consenting to this agreement. By accepting this agreement you are consenting that the current terms and conditions will apply to the relationship between you and Hyper Town.
1. Delivery, billing and signing up to payment service
All Hyper Town subscriptions and services are paid in advance. Upon a successful transaction you will receive a confirmation of payment as well as an electronic invoice by email (electronic billing). Once you have completed your purchase you can log in to your Hyper Town site with your username and password where you will have access to the subscriptions/services bought. By accepting these terms you acknowledge that Hyper Town automatically renews your subscriptions and Hyper Town services. This means, that your subscription (including domains) will automatically be renewed directly after the expiration date of current re-currency. Automatic renewal prevents your Hyper Town services from being suspended or eventually deleted. If there is a problem in renewing your services automatically, Hyper Town will send an email to the email address you have listed in Hyper Town’s Account Center. You are responsible for keeping you email details current in your Hyper Town Account Center.
2. Duration and cancellation
A subscription runs for 12 months. Subscriptions can be cancelled at any time with 14 days’ notice. Note that you will not be refunded for any remaining time on the subscription. For example, if you have started a yearly subscription on January 1st 2018, it will run until December 31st 2018. If you wish to discontinue this subscription after this date, you will have to cancel it latest December 16th 2018; otherwise the subscription will be renewed for another year on January 1st 2019.
You can cancel your subscription at any time by going to My Account > Account Center > My Subscriptions and clicking “Details” for the subscription you wish to cancel.
The subscriber must pay his subscription in advance.
If a payment is not completed, for any reason, you will receive an e-mail asking you to change your credit card information. In a case where you not change your credit card information within 5 days of the initial notice, the Hyper Town account in question will be suspended until the outstanding invoice is paid. If the payment is not completed within 90 days of the initial notice, the Hyper Town account in question will be closed without further notice.
Hyper Town can, at any time, discontinue a subscription with 30 days notice, if the subscription type in question is subject to discontinuation. In such a case you will be refunded any difference for the subscription in question.
Moreover, Hyper Town can, on its sole discretion and without further reason, discontinue any given subscription with a 30 day written notice to the e-mail address affiliated with your subscription. In such a case, all differences from the advance payment for the subscription will be refunded.
After the expiration of a subscription you will not be able to access or retrieve any of the data you added/created through our services.
3. Services and prices
Hyper Town is an online application (site builder for the creation of websites, mobile sites, custom Facebook pages and webshops) available via Hyper Town. Prices and features for the products in question are marked along with the product descriptions. All prices are specified and all European Union (EU) currencies include Danish VAT. Outside the EU, the user takes full responsibility of all taxes and fees of any nature associated with Hyper Town services and products.
4. Intellectual Property Rights
All material and services available on the Hyper Town site, and all material and services provided by or through Hyper Town, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel", layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. All Hyper Town trademarks and service marks, logos, slogans, and taglines are the property of Hyper Town. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Hyper Town without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Hyper Town provides a number of design templates for the subscriber. These designs are at the subscriber's disposal on a non-exclusive basis. Hyper Town retains all rights for the web designs in question, also in the case of user-generated content within Hyper Town. Hence, the subscriber has no right to distribute or copy the design templates. If Hyper Town is compelled to change or remove any of the design templates, Hyper Town cannot be held responsible for any losses on the subscribers' accounts.
5. Information provided by the subscriber
The subscriber is obliged to state correct, sufficient, and satisfactory information when creating his Hyper Town website using www.HyperTown.net. You agree in this regard to receive legally binding notices via the reported address. It is your responsibility to continuously update your contact details so that Hyper Town at any time to contact you to renew your subscription. Failure to update your information is regarded as a material breach on your part.You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or stored through your use of our services. You agree not to use illegal content, content without the proper rights, or use our services for any illegal purpose or in violation of any applicable local, state, federal or international law.
The following material is NOT allowed at your sites:
1. Content of a pornographic, sexually explicit, or violent nature.
2. Content of an illegal nature (including stolen copyrighted material).
3. Pirated software sites, including cracking programs or cracking program archives.
4. Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
5. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that could reasonably constitute a breach of an individual’s privacy.
6. Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
You are encouraged to archive your content regularly and frequently. You are responsible for any content that may be lost or unrecoverable through your use of our services. You hereby represent and warrant that you will not use our services to share, store, or in any way distribute personal or financial data that is not in accordance with the law. Hyper Town is not responsible for the content or data you submit.
Hyper Town may, but has no obligation to, monitor content on your website and cannot be held responsible for the quality and legality of this matter.
Hyper Town holds the right to assess these matters in its sole discretion. Websites containing anything mentioned above will be closed without notice, disregarding whether the given subscription is Hyper Town Trail, Hyper Town Landing Pages, Hyper Town Professional, Hyper Town E-commerce or any other extension of Hyper Towns brand. This includes cases where the subscription is managed by more than one party or is in any ways infiltrated by a third party.
All Hyper Town sites are per default tagged with a Hyper Town tag linking to www.HyperTown.net. On all paying subscriptions this can be removed. All Hyper Town Trail subscriptions include Hyper Town branding linking to www.HyperTown.net and this can only be removed by upgrading to a paid subscription. Hyper Town will, as a rule of thumb; allow unlimited traffic on all Hyper Town websites. In any case of severe exploitation of the unlimited traffic associated with Hyper Town websites, Hyper Town reserves the right to discontinue the subscription in question or, as a secondary solution, place a limitation on the bandwidth used for the given subscription. Usage which strains or burdens Hyper Town’s servers or causes disproportionately large amounts of traffic serve as examples for misuse of an account. Hyper Town reserves the right to limit or circumscribe the access to a subscribers Hyper Town website, should it be found a necessary means to sustain normal operations or prevent security breaches.
Hyper Town reserves the right to remove content such as .zip, .mp3, .jpg, and the likes, in cases where unreasonable burden or stress is applied to Hyper Town servers. This to prevent that Hyper Town is used as external storage for larger quantities of files accessible for free download. Hyper Town is intended to be used as a display-area or sales-window for real, physical, and, of course, legally accountable people.It is forbidden to send large number of emails via Hyper Town's email system. It is also prohibited to send spam (junk) mail. In case of violation about illegal content and spam mails reserves Hyper Town right to inform the relevant authorities and to provide log information, etc. to them. Hyper Town also reserves the right to charge for time spent in connection with such information and disclosure of log information to authorities.
6. Changes in subscription
Any subscription can at any time be upgraded from Hyper Town Trail to Professional or E-commerce or from Professional to E-commerce. In such a case the subscriber will receive an additional invoice, proportional with the differences in payment between the original subscription and the upgraded subscription. Also, when upgrading, your subscription will receive a new start-date starting from the day you upgraded. For example, if a yearly Professional subscription was purchased on January 1st 2018 and was upgraded to an E-commerce subscription on March 4th 2018, the subscription will be considered having been started on March 4th and renew again on March 4th 2019.
It is possible to downgrade a paid subscription to a lower paid subscription (e.g. E-commerce to Professional). To downgrade your subscription please contact the Hyper Town support team by creating a support ticket in your Hyper Town Account Center.
7. Domain
In connection with the purchase of a Hyper Town Professional and/or E-Commerce subscription it is possible to buy one or more domains, and assign them to a specific Hyper Town site.
It is not possible to cancel an order for a domain, as domains are unique. This also applies to wrongly registered domains, such as spelling and typing errors.
By registering a domain you declare, as the registrant of the domain that you agree that the domain name does not infringe any third party names or trademark rights or otherwise likely to be against the law.The domain name is registered in the customer's name. Hyper Town is the service provider in this context and has no liability in connection with registration of the domain. Hyper Town may in no case be liable for any errors with the creation/transfer of the domain name. The customer is obliged to check whether the creation or transfer of the domain has occurred and must contact Hyper Town if it is not.
When a domain is purchased it can take up to five business days and sometimes longer to be officially registered. Reservations are made for domains reported as being available and thus detectable, though not necessarily the case as information from the respective TLD administrators at times may be incomplete.
7.1 DK domains
DK domains are registered by DK Hostmaster and you are obliged to abide by DK Hostmaster at all times applicable conditions concerning domains, including DIFO rules for the administration of domain names.
7.2 SE domains
Hyper Town is an authorized reseller of Swedish domains. Along with .SE will Hyper Town work for the positive development of Internet in Sweden for the benefit of users and society as a whole. Our common goal is satisfied domain owners irrespective of whether they are businesses or individuals. When purchasing one .SE the domain you agree to the .SE conditions for the purchase of Swedish domains
.SE's terms and conditions for registering Swedish domains.
7.3 International domains
Hyper Town is an authorized Tucows reseller of international domains. When buying an international domain, you accept the terms of:
Master Contract: Exhibit A | ICANN Policy | Registrants Rights and Responsibilities
8. Reliability
Hyper Town reserves the right without notice to limit or restrict access to a Hyper Town account or other Hyper Town services as part of a subscription to the extent Hyper Town deems such restriction necessary for operating and/or safety concern.
9. Support
Hyper Town does not provide direct customer support for Hyper Town Trail subscriptions after the first 14 days of a Trail subscription. To continue direct support past 14 days the Trail subscription must be upgraded to a paid subscription.
Hyper Town does not provide support for user-defined CSS nor custom HTML.
10. Mails from Hyper Town
By accepting these terms and conditions, you agree to receive mails from Hyper Town directly related to your subscription including, but not limited to, invoices, product updates, service downtime, support, and upgrades. Hyper Town newsletters and promotional emails can be opted-out of when you sign up or at any point by clicking the unsubscribe link contained in the mail.
With a free subscription you agree to receive occasional mails with tips and tricks on how to get more out of your subscription including promotions for upgrading.
11. Privacy
11.1 Personal Data
Hyper Town takes privacy very seriously. All privacy information can be found in the Hyper Town Privacy Policy.
See our latest Privacy Policy here.
11.2 Cookies
For more information about the way Hyper Town uses cookies, please see our Privacy Policy.
12. Termination for cause
Hyper Town is entitled to terminate the contract in whole or in part in the event a subscriber significantly breaches the terms. Breaching the terms means any breach of the obligations of you as the subscriber under this Agreement.
If Hyper Town cannot give notice to you or to renew your subscription, as a result of your failure to update the contact and/or credit card information, Hyper Town can, without notice, stop providing additional services under this Agreement.
13. Errors and access to site
You are responsible for the accuracy and appropriateness of all data and content within your website; including sales tax calculations, product pricing, and product descriptions, shipping charges, contact information, email communications, and electronic payment processing. Hyper town will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that hyper town may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data.
14. Links to Third Party Websites; No Implied Endorsement
The Hyper Town site may contain links to other websites owned by third parties. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
15. Disclaimer of warranty
An uptime of 100% is sought. But Hyper Town assumes no responsibility for it. It is taken into account that downtime can occur when maintaining and updating the server. The services and technology available on or through the site or downloaded therefrom is provided “as is” and “as available”, “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, hyper town and its licensors disclaim all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantibility, and fitness for a particular purpose, title or non-infringement. Without limiting the foregoing, neither hyper town nor its licensors warrant that access to the site and/or the services available on or through the site will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does hyper town or its licensors make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the services, the content, the services or any of the materials and technology available on or through the site. You expressly agree that your use of the site and your reliance upon the content, services, materials and technology available on or through the site is at your sole risk. In addition, hyper town is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of answers or transmission of any other user generated content) sent through the site to anyone.
In addition, you acknowledge and agree that any data, information, content or materials contained in or made available in connection with the services is not intended as a substitute for, the knowledge, expertise, skill and judgment tax, legal or other professionals. The services do not provide tax or legal advice. You are responsible for obtaining such advice.
Further, hyper town and its licensors make no representation or warranties that hyper town or the content or the services or the materials and technology available on or through the site are appropriate or available for use in all geographic locations. Neither hyper town nor any third party providers, partners or affiliates warrant that site, servers or any e-mail sent from the site or any third party providers, partners or affiliates are free of viruses or other harmful components.
16. Limitation of liability
We are not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the site, the services or the technology available on or through the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if hyper town has been advised of the possibility of such damages. You hereby release hyper town and hold hyper town and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the services, or the technology available on or through the site. You waive the provisions of any state or local law limiting or prohibiting a general release.
17. Exclusive remedy
In the event of any problem with the site, the services or the technology available on or through services, you agree that your sole and exclusive remedy is to cease using the site, the services or the technology available on or through the site and to receive the equivalent of the payment for the remainder of the subscription period. Under no circumstances shall hyper town, its affiliates, or licensors be liable in any way for your use of the site, the content, the services or technology available on or through the site, including, but not limited to, any errors or omissions in any content or materials, any infringement by the content or materials, and/or the technology of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the site, the services, or technology available on or through the site.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
18. Indemnification
You agree to indemnify, hold harmless, and defend hyper town and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “indemnified parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the indemnified parties in connection with any claim arising from or related to the use of the services through your account or any of the content, or technology available on or through the site, or any breach or violation of this agreement by you or anyone utilizing your account. You agree to fully cooperate as reasonably required by an indemnified party. Each indemnified party may assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable indemnified party.
19. Assignment of a subscription
Hyper Town holds the right to transfer any given subscription including any rights, privileges, or obligations, mentioned in this agreement, to a third party.
20. Changes of terms and conditions
Hyper Town holds the right to change the contents of this agreement without notice. Hyper town moreover reserves the right to adjust prices on the different products at any time. All price adjustments will only affect the prolonging of a subscription, granting the subscriber the chance to discontinue his subscription before price adjustments are enforced. Hyper town also reserves the right to charge for services and/or products previously offered for free. The subscriber is responsible for monitoring the changes of terms and conditions, development of subscription fees available at hyper town as well as the terms regarding swedish and international domains: .SE’s terms and conditions for registering Swedish domains and Master Contract: Exhibit A and ICANN policy, Registrants Rights and Responsibilities.
21. Governing law and venue
The formation, interpretation and performance of this agreement and any disputes arising out of it shall, to the extent applicable, be governed by the laws of the Kingdom of Denmark without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the venue of the city court of Copenhagen, Denmark. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.