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Millers use various technologies to collect information, such as cookies. We use cookies, and other technologies to improve and customize our products and websites (“the Services”) and your experience; to allow you to access and use the Services without re-entering your username or password, and to understand the usage of our Services and the interests of our customers.
We use different types of cookies, which all can be categorized into the following
To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services. You will not be able to opt-out of any cookies or other technologies that are ‘strictly necessary’ for the Services.
This Cookies Policy may be updated from time to time. If you disagree with any changes to this Cookie Policy, you will need to stop using the Services.
For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)
between
Millers A/S
CVR-nr.: 43351133
Innovations allé 3
7100 Vejle
Danmark
(the data controller)
and
Organization
CVR-nr.:
Address 1
Address 2
Country
(the data processor)
each a ‘party’; together ‘the parties’
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.
These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.
The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
In the context of the provision of the service, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.
The Clauses shall take priority over any similar provisions contained in other agreements between the parties.
Three appendices are attached to the Clauses and form an integral part of the Clauses.
Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
Appendix B contains the data controller’s instructions with regards to the processing of personal data, the minimum-security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.
Appendix C contains provisions for other activities which are not covered by the Clauses.
The Clauses along with appendices shall be retained in writing, including electronically, by both parties.
The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State1 data protection provisions and the Clauses.
The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.
The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.
The data processor shall process personal data only on documented instructions from the data controller unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.
The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.
The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need-to-know basis. The list of persons to whom access has been granted shall be kept under periodic review. Based on this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.
The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.
Article 32 of GDPR stipulates that considering the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:
According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.
Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.
If subsequently – in the assessment of the data controller – mitigation of the identified risks requires further measures to be implemented by the data processor than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix B.
The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR to engage another processor (a sub-processor).
The data processor shall therefore not engage another processor (sub-processor) for the fulfillment of the Clauses without the prior specific written authorization of the data controller.
The data processor shall engage sub-processors solely with the specific prior authorization of the data controller. The data processor shall submit the request for specific authorisation at least 30 days prior to the engagement of the concerned sub-processor.
Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.
The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.
A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business-related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.
The data processor shall agree on a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g. enabling the data controller to instruct the sub-processor to delete or return the personal data.
If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.
Any transfer of personal data to third countries or international organizations by the data processor shall only occur based on documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.
In case transfers to third countries or international organizations, which the data processor has not been instructed to perform by the data controller, are required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.
Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:
The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix B.6.
The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.
Considering the nature of the processing, the data processor shall assist the data controller by appropriate technical and organizational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.
In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, considering the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:
The parties shall define in Appendix B the appropriate technical and organizational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.
In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.
The data processor’s notification to the data controller shall, if possible, take place within 24 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.
In accordance with Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:
The parties shall define in Appendix B all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.
On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done unless Union or Member State law requires storage of the personal data.
The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.
Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices B.7. and B.8.
The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.
The parties may agree on other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.
The Clauses shall become effective on the date of both parties’ signature.
Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.
The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.
If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix B.4., the Clauses may be terminated by written notice by either party.
Signature
On behalf of the data controller
Name
Position
Date
Signature
On behalf of the data processor
Name Dennis Møller
Position CEO & Lead Architect
Date
Signature
The parties may contact each other using the following contacts/contact points:
The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.
Name
Position
Telephone
Name Nanna Bøllehuus
Position Head of Marketing and Design
Telephone +45 52 30 76 54
E-mail nb@millers.dk
A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:
that the data processor can process information about the data controller’s users in connection with logging into the service
A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):
that the data processor, when using its IT systems, processes, including stores, personal data about the data controller’s users;
A.3. The processing includes the following types of personal data about data subjects:
Name, email address and photo
A.4. Processing includes the following categories of data subject:
Persons related to FashionBoard employed by the data controller as well as any relevant external (created by data controllers)
A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:
The processing is not limited in time and lasts until the agreement is terminated or terminated by one of the parties
B.1. The subject of/instruction for the processing
The data processor’s processing of personal data on behalf of the data controller takes place by the data processor giving relevant employees of the data controller access to the software.
B.2. Security of processing
The security level reflects the fact that there is little personal data that can potentially provide insight into essential business data of data controllers.
The data processor is then entitled and obliged to make decisions on which technical and organizational security measures must be implemented to establish the necessary level of security.
B.3. Assistance to the data controller
Considering the nature of the processing, the Data Processor shall, as far as possible, assist the Data Controller by means of appropriate technical and organizational measures in fulfilling the Data Controller’s obligation to respond to requests for the exercise of data subjects’ rights, as laid down in Chapter 3 of the General Data Protection Regulation.
B.4. Storage period/erasure procedures
The processing is not limited in time and lasts until the agreement is terminated or terminated by one of the parties.
Upon termination of the service regarding the processing of personal data, the data processor shall delete the personal data in accordance with clause 11.1, unless the data controller – after signing these provisions – has changed the data controller’s original choice. Such changes shall be documented and kept in writing, including electronically, in connection with the provisions. Data controllers’ information is not returned to the data controller.
B.5. Processing location
The processing of the personal data covered by the Provisions may not take place at locations other than the following without the prior written consent of the data controller:
Millers A/S
Innovation Allé 3
DK-7100 Vejle
Denmark
B.6. Instruction on the transfer of personal data to third countries
If the data controller does not provide documented instructions in these Provisions or subsequently regarding the transfer of personal data to a third country, the data processor is not entitled to make such transfers within the framework of these Provisions.
B.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor.
The Data Processor shall annually obtain, at its own expense, an audit statement from an independent third party regarding the Data Processor’s compliance with the General Data Protection Regulation, data protection provisions of other EU law or Member States’ national law and these Provisions.
The statement of assurance can be requested by contacting the data processor and sent without undue delay to the data controller for information.
No other conditions are relevant.
This Privacy Policy covers the information we collect about you when you use our products or services or otherwise interact with us unless a different policy is displayed. “Millers”, “we” and “us” refers to Millers A/S. We refer to our products as “Services” in this policy. If you do not agree with this policy, do not access, or use our Services or interact with any other aspect of our business.
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
We collect information about you when you input it into the Services or otherwise provide it directly to us.
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us.
We use information about you to provide the Services to you, including authenticating you when you log in, operate, maintain, and improve the Services. We use the information and collect learnings about how people use our Services to troubleshoot, identify trends, usage, activity patterns, and areas for integration, improve our Services, and develop new products, features, and technologies that benefit our users and the public. We also test and analyze certain new features with some users before rolling the feature out to all users. We use your information to resolve technical issues you encounter, respond to your requests for assistance, analyze crash information, and repair and improve the Services.
We use industry-standard technical and organizational measures to secure the information we store. No security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is safe from intrusion by others.
How long we keep the information we collect about you depends on the type of information. After such time, we will either delete or de-identify your information or, if this is not possible, we will securely store your information and isolate it from further use until deletion is possible.
We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, support business operations, and continue to develop and improve our Services.
You have the right to request a copy of your information, to object to our use of your information to request the deletion or restriction of your information, or to request your information in a structured, electronic format.
We may change this Privacy Policy from time to time. By major changes to this Privacy Policy, we will notify you by email. If you disagree with any changes to this Privacy Policy, you will need to stop using the Services and deactivate your account(s).
Your information is controlled by Millers A/S. If you have questions or concerns about how your information is handled, please direct your inquiry to Millers A/S, which we have appointed to be responsible for facilitating such inquiries.
Millers A/S
Innovations Allé 3, 7100 Vejle
info@millers.dk
These Terms of Service (these ‘Terms’) describe your rights and responsibilities as a customer of our products. These Terms are between you and the Millers entity (“Millers”, “we” or “us”) that owns the service that you are using. “You” means the entity you represent in accepting these Terms or, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full authority to bind on their behalf, and have read, understood, and agree to the Terms. These Terms cover software services developed by Millers.
These Terms govern our Cloud Products, related Support, and Additional Services. These Terms include Our Policies (including our Privacy Policy), and your Orders.
Through the service, it is possible to specify end-users as administrators. You are responsible for whom you allow to become administrators and any actions they take. You agree that our responsibilities do not extend to the internal management or administration of the service for you.
Please note that you are responsible for the activities of all your end-users including how end-users use your data, even if those end-users are not from your organization or domain. You must require that all end-users keep their user IDs and passwords for the service strictly confidential and do not share such information with any unauthorized person. User IDs are individual, named persons and may not be shared. You are responsible for actions taken using end-user accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.
Subject to your payment of applicable license fees, You are granted a time limited, non-exclusive, non-transferable, non-sub-licensable, worldwide right and license to a) run the Software modules for which You have purchased licenses using a cloud access; and b) allow Users to access and use the Software as permitted by Your License for the period in the contract.
The Software is licensed, not sold. This Agreement only gives You rights to use the Software. Millers reserve all other rights. You may use the Software only as expressly permitted in this Agreement unless applicable law gives You more rights despite this limitation. You must comply with all technical protections in the Software that only allow You to use it in certain ways. No rights other than those expressly set forth herein shall pass to You.
You will not (a) reproduce, modify, adapt or create derivative works of the service; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the service; (c) use the service for the benefit of any third party; (d) incorporate any Millers service into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the service intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Millers service; (g) remove or obscure any proprietary or other notice contained in any Millers service; (h) use the Millers service for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the service; or (j) encourage or assist any third party to do any of the foregoing.
Millers do not provide support or maintenance under the terms of this Agreement. We refer to the Software License Agreement. Notwithstanding the above Millers will at its own discretion release Fixes, Updates, and new version occasionally.
We collect certain data and information about you and your end-users in connection with your and your end-user’s use of the service, among others to improve the service. We collect and use all such data and information under our Privacy Policy, which you acknowledge.
You grant us a worldwide, limited-term license to access, use, process, copy, distribute, perform, export, and display your data. In case of the need, we may also access your accounts, end-user’ accounts, and your service with end-user permissions to respond to your support requests.
You and your use of Millers service must comply at all times with these Terms and all laws. You represent and warrant that (a) you have obtained all necessary rights, releases, and permissions to submit all your data to the service and to grant the rights granted to us in these Terms and (b) your data and its submission and use as you authorize in these Terms will not violate any laws or any third party intellectual property, privacy, publicity or other rights. You are solely responsible for your data and the consequences of submitting and using it with the service.
You will defend, indemnify, and hold harmless us, from and against any claims, costs, damages, losses, liabilities, and expenses resulting from any claim arising from or related to any claims or breaches from you or your end-users.
In case of violation of these Terms, we may remove your data from the service or suspend your access to the service. We have no liability to you for removing or deleting your data from our Service or suspending your access to our Service.
By accessing or using a Millers service, you acknowledge and agree to be bound to the Millers Privacy Policy. You are responsible for all actions that are performed on or through your account. Accepting these Terms allows us to use your brand logo and mention you as our customer.
All Millers services are offered on a subscription basis. Unless either party cancels your subscription, your subscription will automatically renew for another period equal to the initial subscription period. Canceling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the services continuing to be offered and will be charged at the then-current rates.
Prices are defined on the Price List. The prices can be updated from time to time due to surrounding circumstances such as inflation among others. Your price will be the one that was current by the time, the order was made.
The payment should be made according to the Payment Terms accepted when the Order was made. You have the current month plus 30 days to pay. We do not have any binding period, this means you can terminate the Agreement at any time. An unpaid bill for any upcoming period is considered a termination of the subscription. There will not be any further charges unless there are any other outstanding.
Your fees under these Terms exclude any taxes or duties payable in respect of the service in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms.
You may terminate your subscription to the service by providing notice of termination to us no later than 30 days after the order date. In that case, we will refund you the amount paid for such an order. This termination and refund right applies only to your initial order, and only if you exercise your termination right within the period specified above.
Millers services are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as ‘purchase’ or ‘sale’. We have and retain all rights, titles, and interests, including all intellectual property rights.
Millers licenses the Software based on the acquired modules, number of stores, number of products, number of Users that directly or indirectly access the Software, and the functionality used by those Users in the Software.
Each party agrees that all code, inventions, know-how, and business, technical and financial information disclosed from one part to another is identified as confidential at the time of disclosure or should be reasonably known to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure.
Either party will at all times hold in confidence and not disclose any confidential information to third parties, and not use confidential information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The receiving party may disclose the disclosing party’s confidential information to its employees, and other representatives having a legitimate need to know provided it remains responsible for their compliance.
These Terms are effective as of the effective date and expire on the date of expiration or termination of the subscription.
Any party may terminate these Terms upon 30 days prior written notice. Millers may at all times terminate these Terms if it is necessary to comply with laws or avoid liability or harm to its services, reputation, or customers.
Upon any expiration or termination of these Terms, you must cease using all Millers services. You will not have access to your data after the expiration or termination of these Terms, so you should make sure to export your data. In case of termination, all confidential information will be destroyed or returned to the other party.
We disclaim any warranties and representations of any kind, including any warranty of non-infringement, title, and functionality. We do not warrant that your use of the service will be uninterrupted or error-free, that we will review your data for accuracy, or that we will preserve or maintain your data without loss. You understand that use of the service necessarily involves the transmission of your data over networks that we do not own, operate or control, and we are not responsible for any of your data lost, altered, intercepted, or stored across such networks. We will not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside our reasonable control.
Neither party will not have any liability arising for any lost profits, interruption of business, loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, costs of delay, or any indirect, special, incidental, or consequential damage of any kind, even if informed of the possibility of such damage in advance. Millers is not responsible for all direct or indirect loss and damages, including loss of revenue, production, turnover, or anticipated savings.
Any dispute arising from or related to the contract shall be governed by Danish law, both with regard to substantive and procedural matters, except for Danish choice of law rules and the United Nations Convention on the International Sale of Goods (CISG).
In the event of a disagreement between the Parties regarding the Contract and its performance, each of the Parties may refer the matter to the Customer’s and the Supplier’s responsible parties for daily operations, who will then jointly resolve the disagreement. If an agreement cannot be reached between the daily responsible parties, the negotiations shall be escalated to the steering committee. If an agreement is not reached in the steering committee, the disagreement shall be escalated to a higher level within the Parties’ organizations.
If the Parties cannot reach a resolution through negotiation within 5 business days, either of the Parties may request dispute resolution in accordance with the “Rules for Legal/Technical Opinion in IT Cases” provided by the Arbitration Institute. The process described therein shall be followed.
If neither of the Parties has opted for dispute resolution by expert technical and/or legal opinion, the dispute may be sought to be resolved through mediation, led by a mediator appointed by the Parties. If the Parties do not agree on the selection of a mediator within 10 business days after one of them has expressed a desire for mediation, either of the Parties may request the Danish IT Lawyers Association (DITA) to appoint a mediator. Mediation is conducted in accordance with DITA’s mediation procedure.
Mediation commences when one of the Parties sends a written request for mediation to the other Party with a copy to DITA. The mediator shall be appointed by DITA no later than 10 business days after DITA’s receipt of the mediation request.
At a minimum, one Party is obligated to participate in the first meeting called by the mediator. However, a Party is entitled to initiate arbitration if a delay in doing so could lead to the forfeiture of legal rights, e.g., due to the expiration of statutes of limitations.
If a Party notifies that they do not wish to continue mediation after the first meeting or if the conflict is not resolved through mediation within 8 weeks after the written mediation request, either of the Parties may submit the dispute for final resolution through arbitration as described below.
The venue for the arbitration is the municipality where the Customer is registered.
If the total value of the dispute does not exceed 1 million DKK, the dispute will be resolved through arbitration in accordance with the “Rules for Simplified Arbitration Process of the Danish Institute of Arbitration” as applicable at the time of the initiation of the arbitration case.
The arbitration panel is appointed by the Danish Institute of Arbitration in accordance with the “Rules for Simplified Arbitration Process of the Danish Institute of Arbitration.” The arbitrator is appointed by the Danish Institute of Arbitration. The Parties may, jointly and no later than the expiration of the deadline for the respondent’s response, propose an arbitrator. The Parties agree to jointly seek to appoint an arbitrator based on a recommendation from the Danish IT Lawyers Association (DITA).
If the total value of the dispute exceeds 1 million DKK, the dispute will be resolved through arbitration according to the “Rules for the Handling of Arbitration Cases by the Danish Institute of Arbitration” as applicable at the time of the initiation of the arbitration case.
The arbitration panel is appointed by the Danish Institute of Arbitration in accordance with the “Rules for the Handling of Arbitration Cases by the Danish Institute of Arbitration.” Unless the Parties agree otherwise, the arbitration panel is composed of three arbitrators. In cases where the dispute is to be decided by three arbitrators, the claimant may propose their arbitrator in the complaint, and the respondent may propose their arbitrator in the response. The third arbitrator, who serves as the chairman of the arbitration panel, is proposed by the Danish Institute of Arbitration, unless the Parties, jointly and before the expiration of the deadline for the respondent’s response, propose a chairman. The Parties agree to jointly seek to appoint a chairman based on a recommendation from DITA.
You acknowledge that the service is an online, subscription-based product and that we may update the service to provide improved customer experiences.
Any notice under these Terms must be given in writing. We may provide notice to you through your email address. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing.
Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events beyond its reasonable control, such as strike, blockade, war, an act of terrorism, riot, internet or utility failures, pandemic, or natural disasters.
Neither party may assign or transfer these Terms without the other party’s prior written consent. As an exception for the foregoing, either party may assign these Terms in its entirety to an affiliate, or to its successor resulting from a merger, acquisition, or sale of all or substantially all of its assets or voting securities, provided that the assignee is financially and technically able to, and agrees in writing to, assume all of the assignor’s obligations under these Terms.
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Millers © 2024 · All rights reserved
Subscribe to our newsletter and get guides, tips & tricks, operating information, and other useful information about the services.
By signing up for the newsletter I give my consent to Millers to be in touch with me via email using the information I have provided in this form for the purpose of news, updates, and marketing.
Millers © 2024 · All rights reserved