License Terms

1. Scope

1.1 These License Terms ("Terms") apply to any agreement regarding the delivery of ongoing services ("Subscription") from GECKO ApS ("Licensor") to any customer ("Customer"), unless specifically waived in whole or in part through a written agreement between the Licensor and the Customer ("Parties"). The Terms apply to all Subscription agreements entered into between the Customer and the Licensor regardless of which of the Licensor's domain names the Customer used to enter into the Subscription agreement.

1.2 The Licensor's main activities consist of web development, including the delivery of e-commerce solutions, portals, presentation sites, intranet solutions, booking systems, etc.   

1.3 The Terms do not apply to the purchase of goods, including hardware. Conditions for the purchase of goods - click here for further information.

1.4 Special purchase terms or specific requirements for the Licensor's service specified in the Customer's purchase terms or similar are not binding for the Licensor unless the Licensor has expressly agreed to such terms in writing. 

2. Agreement Formation

2.1 Agreements for the delivery of one or more Subscriptions may be entered into either verbally or in writing between the Parties or by the Customer's order on the Licensor's website www.geckobooking.dk.

2.2 The Licensor's offers and/or order confirmations contain the detailed terms for the scope, price, and delivery of the Licensor's services.   

2.3 Any special terms, including the purchase of specific functionality for the services the Licensor offers on www.geckobooking.dk, may be further agreed upon between the Parties.   

2.4 The Subscription becomes effective when the Customer's order is completed, and the Customer has received confirmation at the email address provided at the time of the order.   

2.5 Subscriptions run for 3 months from the effective date unless otherwise agreed, but expiry shall not occur before the end of the current calendar month in which these 3 months have passed ("Subscription Period").   
2.6 At the end of a Subscription Period, the Subscription is automatically renewed unless the Licensor or the Customer terminates it beforehand, cf. section 14.   

3. Licensor's Services

3.1 Services included in a Subscription cover what is specifically described therein ("The Licensed Material").

3.2 During the Subscription Period, the Licensor is obligated to make The Licensed Material available to the Customer for the agreed compensation (cf. section 7), as stated in the Licensor's offer or order confirmation.

3.3 The Licensor has the right to temporarily interrupt access to The Licensed Material if necessary to service the Licensor's systems, servers, or similar.

4. Use of the Licensed Material

4.1 The Licensed Material may only be used in a manner and for a purpose that can reasonably be considered anticipated and customary according to the Subscription's nature. The Customer must not unnecessarily burden either The Licensed Material or the Licensor's systems, servers, or similar.

4.2 Use of The Licensed Material in a manner not compliant with section 4.1 requires prior permission from the Licensor, including:

4.3 Permission granted by the Licensor under section 4.2 may be subject to additional compensation beyond the agreed terms.

5. Licensor's Right to Modify

5.1 The Licensor is entitled to amend these License Terms with 14 days' notice, whereupon the Customer is entitled to terminate the agreement with the same notice period.

5.2 The Licensor has the right to change technical installations if required for operations, data traffic, and/or other technical circumstances.

6. Licensor's Ownership

6.1 The Licensor retains full copyright to any element or product created by the Licensor that is protected under copyright law, including programs, graphic elements, images, and related documentation materials, regardless of whether the element or product was created at the Customer's request or after payment.

6.2 If the Customer requests the Licensor to develop specific functionality (cf. section 2.3), the Customer agrees that all intellectual property rights, including copyrights to such functionality, belong to the Licensor. The Licensor is entitled to make this functionality available (free of charge or for compensation) to other customers.

6.3 During the Subscription Period, the Customer obtains the right to use The Licensed Material as per these License Terms and other agreements but may not copy, sublicense, transfer, or otherwise make it available to third parties in whole or in part.

7. Customer Payments

7.1 The Customer pays a License Fee to the Licensor for using The Licensed Material during the Subscription Period as per the agreed terms stated in the Licensor's offer or order confirmation ("License Fee"). The Licensor is entitled to increase the Subscription price with 1 month's notice, after which the Customer may terminate the Subscription with the same notice.

7.2 Work performed by the Licensor for additional functionality (cf. section 2.3) is settled as agreed between the Parties.

7.3 The License Fee is paid in advance at the beginning of each Subscription Period.

7.4 The following are settled at the end of the Subscription Period:

7.5 Unless otherwise agreed or stated on the invoice, payment is due 8 days from the invoice date. Payment by card is settled immediately upon granting access to The Licensed Material.

7.6 Invoices are sent to the email address provided by the Customer.

7.7 Overdue payments are subject to interest of 1.5% per commenced month and a reminder fee.

7.8 If the Customer's payment is more than 30 days overdue, the Licensor is entitled to terminate the agreement and block access to The Licensed Material (cf. section 14.4).

7.9 The Customer is not entitled to withhold payment, even if the Customer has a claim against the Licensor.

13. Force Majeure

13.1 In the event of war, riots, fire, explosion, accident, sabotage, shortage of fuel, energy, raw materials, or transport difficulties beyond the Licensor's control, labor disputes, strikes, lockouts, illness of key personnel, compliance with applicable laws, or any other circumstances that prevent or delay the Licensor's obligations, the Licensor's obligations are suspended until such difficulties cease.

19. Governing Law and Jurisdiction

19.1 The agreement between the Licensor and the Customer, including these License Terms, shall be interpreted and governed by Danish law.

19.2 Any dispute between the Licensor and the Customer, including disputes regarding these License Terms' validity or interpretation, shall be settled through arbitration arranged by The Danish Institute of Arbitration in Aarhus.

19.3 This arbitration clause does not prevent the Parties from seeking preliminary or securing remedies through the courts.