General Subscription Terms

1. TransportTender

1.1 TransportTender

TransportTender is a Software as a Service (SaaS) developed and managed by TransportTender ApS (“TransportTender” or “Supplier”), Denmark. Depending on the Subscription Agreement, the platform provides the Customer’s (“Customer”) employees (“Users”) with access to various modules covered under the Tender Portal developed by TransportTender ApS.

1.2 Access to TransportTender

All TransportTender products are web-based, which means that the Customer can access all modules via a web browser. The Customer’s login provides access to the modules which are included as agreed in the contract. The Customer can expand their Subscription by adding more modules, which will then be made available in the Customer’s login.

1.3 Purchases

The Customer can purchase invoice control for all modes of transport, and from multiple transport suppliers.

2. Use of TransportTender

2.1 Rights of Use

The Customer may only use TransportTender for internal business purposes and may not grant third parties’ access to the platform.

2.2 Shipping Data

The TransportTender modules can generate data created by the Customer (“Shipping Data”). This data is stored in TransportTender and can be used for, for example, statistics. TransportTender acts as a data processor, while the Customer remains the data controller and has full control over the deletion or anonymization of Shipping Data. TransportTender guarantees that Shipping Data will not be lost and only deletes data upon termination of the subscription.

2.3 Removal of access

The Customer’s access to TransportTender may be suspended if the Subscription is not paid on time. Access will be restored as soon as payment has been received.

3. Service

3.1 Customer Service

The Customer has access to customer service as part of their Subscription. Customer service is available on weekdays from 09:00 a.m. to 04:00 p.m. via telephone and e-mail. Setting up a price matrix/freight matrix is ​​included in the regular customer service.

3.2 Changes to the platform

Maintenance and changes are planned to minimize inconvenience to the Customer. Major changes, outages, etc. will be announced in TranspotTender newsletter, homepage, e-mail or any other mean of communication to the customer.

4. Finance

4.1 Subscription fees

The subscription consists of the modules selected in the Subscription Agreement as well as any subsequent purchases (“Subscription Fee”). The fee is charged in advance of each agreed period (e.g. annually or monthly for a surcharge). TransportTender may adjust the subscription prices once a year as per subscription agreement.

4.2 Services in addition to the Subscription

Services that are not included in the Subscription agreement are invoiced based on time consumed according to applicable hourly rates, rounded up to the nearest hour. Such services must be announced by TransportTender with an estimation on the approximative working hours.

4.3 Invoicing and payment

The subscription and any other services are due upon Suppliers invoicing. All prices are exclusive of VAT and taxes. The monthly price for using the software is invoiced annually.

5. Rights

5.1 Ownership

The Supplier owns all rights to the Software (SaaS).

5.2 Shipping data and confidentiality

Shipping data belongs to the Customer and may only be used by the Supplier to deliver the agreed services. The Supplier has the right to use anonymized data for statistics in the modules, but without personally identifiable information. Shipping data and prices are confidential. A separate confidentiality agreement can be concluded if desired.

6. Processing of personal data

6.1 Personal data in Shipping data

Shipping data may contain personal data about the Customer’s customers. The Customer is the data controller, while the Supplier is the data processor. Upon termination of the Subscription Agreement, all Shipping data will be deleted. Any data breach will be immediately reported to the Customer, who is responsible for informing the supervisory authority. The Supplier uses technical subcontractors in the EU/EEA.

6.2 Data responsibility for Customer data

The Supplier stores personal data about the Customer and Users for general purposes such as for sales and marketing activities and is the data controller for this process.

7. Defects and liability

7.1 Limitation of liability

TransportTender is not liable for either indirect or consequential losses. Direct losses, documented because of non-compliance with the Subscription Agreement, are limited to the amount paid by the Customer for the last 12 months. It is the Customer’s responsibility to ensure correct setup of prices in the Portal.

7.2 Breach of the Subscription Agreement

The Agreement may be terminated by written notice in the event of a breach. Failure to pay for the services may result in immediate termination after a payment reminder.

8. Duration and termination

8.1 Agreement period

The Subscription Agreement is automatically renewed for a further 24 months, unless terminated by one of the parties at least 90 days before expiry. Different modalities might be agreed in the Subscription Agreement. In the event of termination in the middle of a period, fees already paid will not be refunded.