Terms and conditions (www.zimply.dk)
1.1 These General Terms and Conditions (hereinafter “T&Cs”) govern the provision of services from Zimply.dk (‘Bizz International ApS’) and any of its subsidiaries and associated partners (hereinafter “PP” or “We”) to any Internet Merchant or other party (hereinafter “Merchant” or “You”) processing or wishing to process payments through the PP Platform.
1.2 These T&Cs form an integral part of any service agreement entered into between PP and Merchant and apply without limitation to all payment transactions processed on behalf of Merchant on the PP Platform.
2.1 The definitions in this section summarize and supplement the definitions contained elsewhere in the Agreement.
2.2 Acquirer – Financial institution duly authorized to process payments, e.g. from payment cards, electronic checks, and/or bank fund transfers.
2.3 Agreement – the overall agreement between PP and Merchant, consisting of the Principal Agreement and the T&Cs together.
2.4 Application – the application submitted by Merchant to PP, using the Payment Processing Application Form, in order to be accepted as user on the PP Platform.
2.5 PP, We – Zimply.dk (‘Bizz International ApS) and any of its subsidiaries and associated partners.
2.6 PP Platform – the electronic payments platform developed by PP to handle a multitude of international Acquirers and electronic payment methods.
2.7 Merchant, You – the party to this Agreement using or wishing to make use of PP’s payment processing services.
2.8 Principal Agreement – The contract signed by and between PP and Merchant, governing the main commercial terms, e.g. pricing, of the Agreement.
2.9 Party Parties – the parties to the Agreement, i.e. PP and Merchant.
2.10 Price Schedule – Schedule of Service Charges attached as appendix to the Principal Agreement.
2.11 Services – the services covered by the Agreement.
2.12 Settlement – the payout from Acquirer to Merchant of funds received on behalf of Merchant through the PP Platform, net of processing fees and other fees due to Acquirer.
2.13 T&Cs – The General Terms and Conditions contained in this document, which form an integral part of the Agreement between PP and Merchant.
3.1 The PP Platform is a multi-channel, multi-currency payment solution for processing payment transactions real-time or in batch format over the internet.
3.2 PP distinguishes between three different methods for submitting payment transactions to the PP Platform: Server to Server, Virtual Terminal, and Hosted Billing Pages.
3.3 Server to Server allows Merchant to connect to the PP Platform using a number of different protocols. Customer payment data, e.g. credit card information, is collected by Merchant and submitted electronically to the PP Platform.
3.4 Virtual Terminal allows Merchant to enter data manually onto an Internet enabled billing page provided by PP. This solution is typically used for mail order and telephone order (“MOTO”) business, where customer payment data is provided by mail or telephone.
3.5 Hosted Billing Pages is the full service solution, where Merchant directs customers to billing pages hosted by PP as part of the PCI certified PP Platform, within which the customer provides his payment data, allowing the payment transaction to take place.
4.1 PP is a provider of technical services that facilitate the implementation of agreements between Merchants and Acquirers concerning the processing of electronic payments.
4.2 To accept payments on the PP Platform, it is customary for Merchant to enter into agreements with one or more Acquirers, who are integrated with the PP Platform. PP supports the application process by handling the related document flow on behalf of Merchant.
4.3 The PP Platform and Acquirer agreements enable you to accept payments from third parties.
4.4 In general, funds received on behalf of Merchant are paid directly from the Acquirer to Merchant. Transaction fees and Settlement terms are defined in the agreements between Merchant and Acquirers.PP invoices Service Charges only to Merchant.
4.5 In instances where PP has been duly authorized by Acquirer, acquiring agreements can be entered directly by and between Merchant and PP, and settlements paid directly from PP to Merchant according to an agreed schedule.
4.6 PP is an independent contractor for all purposes. PP does not have control of, nor assumes the liability or legality of, the products or services that are paid for with PP’s services. We do not guarantee the identity of any customer. Please note that there are risks of dealing with underage persons or people acting under false pretenses.
5.1 To comply with legal requirements to combat money laundering (AML) and terrorist financing (CFT), PP has developed a set of Know Your Customer (“KYC”) policies and practices. Our Know Your Customer Declaration can be found on www.zimply.dk
5.2 To apply for payment processing through PP, you must properly complete a Payment Processing Application Form and submit the Application to PP accompanied by the requested documentation.
5.3 PP will review the Application and will notify you of our decision whether to accept the Application or reject it. PP reserves the right to accept or reject the Application at PP’s sole discretion.
5.4 Integration and test transactions may be performed, but no live payments can be processed before the Application has been accepted by PP.
5.5 Acquirers may require direct contracts or application forms to be signed between Acquirer and Merchant. Upon request from Acquirers, Merchant shall provide PP and Acquirers with additional information relating to Merchant’s business.
6.1 Any Merchant handling, transmitting or storing personal payment card information is required to comply with the Payment Card Industry Data Security Standards (PCI DSS) standards, as described on www.pcisecuritystandards.org.
6.2 Merchants submitting transactions via the Server to Server and/or Virtual Terminal methods are by definition required to comply with the PCI DSS Standards.
6.3 Merchants submitting transactions via the Hosted Billing Pages method can, provided they do not in any other way handle, transmit or store payment card information, rely on the PCI certification of the PP Platform to cover their PCIDSS compliance requirements.
7.1 An Application will be automatically rejected if it is submitted from an entity that has a web site or does any other business that violates intellectual property rights or contains or promotes: 1) any unlawful activities, 2) any discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, 3) any other activities covered in PP’s Acceptable Use Policy, as found on www.zimply.dk
7.2 If, at a later time after the Application is accepted, your web site is found to have any of the above characteristics, we reserve the right, at our sole discretion, to terminate this Agreement.
8.1 PP respects and protects the privacy of its merchants in accordance with existing law, including the protection of the use of data on private individuals’ asset out in the EU Data Protection Directive 95/46/EC.
8.2 Merchant agrees to comply with the EU Data Protection Directive 95/46/EC, the EU Directive 97/7/EC on the protection on consumers in respect of distance contracts, the EU Directive 2000/31/EC on e-commerce and other relevant law, and to implement appropriate technical and organizational measures to protect any personal data of its customers. Furthermore, Merchant declares that it will act in accordance with all applicable law when selling and/or distributing its products/services.
9.1 Merchant shall not in selling its products or in promoting the sale of its products make any reference to or use PP’s trademarks except with the previous written consent of PP.
9.2 Merchant agrees, with respect to all information and property, including but not limited to equipment, software, and other materials, supplied by PP under the Agreement, that title to such information and property shall remain in PP.
10.1 PP makes no express or implied warranties or representations with respect to the Services including, without limitation, warranties of fitness, merchant ability, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our Services will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
10.2 While PP’s services provide its Merchants and their end customers with connectivity via the internet, PP does not and cannot control the flow of information to or from PP internet data centers to other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which PP’s connections to the internet (or portions thereof) may be impaired or disrupted. Although PP will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, PP cannot guarantee that they will not occur. Accordingly, PP disclaims any and all liability resulting from or related to such events.
11.1 The Parties will not be liable to each other, any representative, or any third party for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service or of any equipment or materials, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
11.2 Notwithstanding anything to the contrary in this agreement, PP’s maximum aggregate liability to Merchant related to or in connection with this Agreement will be limited to the total Service Charges paid by Merchant to PP hereunder for the prior three (3) months period.
11.3 Merchant acknowledges that PP has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the Parties. The Parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose.
12.1 Except for the obligation to pay money, neither Party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, terrorism, labor shortage or dispute, governmental actor failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance. Failure of either party to perform under this Agreement, because of a force majeure lasting more than three months will, upon twenty-four (24) hours’ written notice to the other party, represent a ground for termination only of the service affected by such event.
13.1 The Term and Termination conditions in this section apply in addition to the conditions contained in the Principal Agreement.
13.2 Either party may terminate this Agreement immediately, upon giving notice to the other party, upon the other party’s default. A party is in default of the Agreement if: 1) the party has breached or otherwise failed to observe a material obligation imposed upon the party by the Agreement, and the breach has continued un-remedied for a period of at least thirty (30) days following the non-breaching party’s written notice to the defaulting party that the breach or failure occurred or 2) the party ceases to trade or to pay its debts in the normal course of business, enters into or proposes to enter into a voluntary arrangement or composition with its creditors, becomes insolvent, bankrupt or goes into liquidation (other than for the purpose of solvent reconstruction or amalgamation) or has a receiver, administrator, trustee or similar officer appointed in respect of all or part of its business and assets or otherwise ceases to be a validly existing corporation or if any analogous event occurs in any jurisdiction.
13.3 PP is entitled to change the Price Schedule upon giving thirty (30) days’ notice to Merchant. If the Price Schedule is changed, Merchant is entitled to terminate the Agreement with effect from the date of the change by giving written notice to PP within ten (10) days following receipt of the notice from PP.
14.1 You acknowledge that you have read the Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this Agreement, no weight shall be placed upon the fact that the Agreement has been drafted by PP, and you shall not assert that the Agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You have independently evaluated the desirability of making use of our Services and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
15.1 PP may modify any of the general terms and conditions contained in these T&Cs, at any time and at our sole discretion, by posting a change notice or new T&Cs on our web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the program following our posting of a change notice or new T&Cs on our web site will constitute binding acceptance of the change.
16.1 The provisions contained in this Agreement constitute the entire agreement between the Parties with respect to the subject matter of this Agreement, and no statement or inducement with respect to such subject matter by any Party which is not contained in this Agreement shall be valid or binding between the parties.
17.1 This Agreement shall be governed by and interpreted in accordance with the laws of Denmark.
17.2 Any legal proceeding of any nature brought by either Party against the other to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to the Agreement, shall be submitted for trial, without jury, before the maritime commercial court located in Copenhagen, Denmark. The parties consent and submit to the jurisdiction of any such court and agree to accept service of process inside or outside Denmark in any matter to be submitted to any such court pursuant hereto.
Anti Money Laundring
General declaration regarding AML, CFT and KYC for Zimply.dk (‘Bizz International ApS’) The battle against money laundering (AML) and terrorist financing (CFT) is an ongoing and continuous process. Since criminals require financial services in order to launder the proceeds of and fund their criminal activities, payment service providers must be able to identify and understand the potential risks of their services being used for money laundering and/or terrorist financing, and implement appropriate administrative processes to prevent, or at least minimize, such risks. Proper Know-Your-Customer (KYC) practices are central.
A strong knowledge of the customer provides a basis for understanding the general activities in which a customer usually would be expected to engage. This gives the payment service provider an opportunity to detect unusual and suspicious activities, investigate these appropriately, and alert relevant authorities when required. In light of our changing environment, it is of great importance that payment service providers and other financial institutions continually evaluate the strength and relevance of their existing policies, procedures and employee training programs and, if necessary, update them to address these changes. Money laundering and terrorism not only harm the public as a whole but can also damage the stability and reputation of the financial sector. It is obviously in society’s best interests that all reasonable measures to prevent money laundering and terrorist financing are taken. Our Anti-Money Laundering and Anti-Terrorist Financing Philosophy It is of great importance that payment service providers act to combat the risks of money laundering and assist governments in the identification of potential terrorist funding activities.
Below follow some of the things we do within Zimply.dk (‘Bizz International ApS’) : Zimply.dk (‘Bizz International ApS’) has adopted an Anti-Money Laundering and Anti-Terrorist Financing Policy that requires Zimply.dk (‘Bizz International ApS’) to develop and implement effective AML and CFT programs in compliance with applicable laws; Our Compliance Officer is responsible for developing and applying policies, practices and procedures to prevent money laundering and the financing of terrorist activities. We have established procedures and routines regarding Know-Your-Customer and Customer due diligence which, for example, comprise identifying the customer and verifying the customer’s identity on the basis of documents, data or information obtained from a reliable and independent source (such as public records) and, where applicable, the beneficial owner.
We have established implementation of appropriate controls, regulations and compliance procedures; Furthermore Zimply.dk (‘Bizz International ApS’) pays special attention: to understanding the ownership and control structure of our customers, to obtaining information on the purpose and intended nature of business relationship, and,to monitoring business relationships, including scrutiny of transactions to ensure consistency of transactions with obtained information about purpose and intended nature of business relationship; If a customer’s reasons for a transaction/activity are not clear or understandable Zimply.dk (‘Bizz International ApS’) takes measures in order to prevent money laundering or terrorist financing. We rely on those closest to our customers – local branch managers, relationship managers and customer service personnel – to understand fully with whom we are doing business and to ensure that the business we conduct on behalf of our customers is legitimate; We have developed and continue to update policies and procedures that meet or exceed applicable legal and regulatory requirements, and continuously train employees in them;
We have established processes to assist governments in identifying relevant information with regard to suspected terrorist and money-laundering entities or individuals identified by government agencies (e.g. EU’s and OFAC’s sanction list).
Furthermore we fully co-operate with law enforcement and regulatory agencies to the extent that is possible in regard to applicable regulation. We have developed procedures that assist in the monitoring of transactions for the purpose of identifying possible suspicious activity; We recognize that preventing money laundering and identifying possible terrorist financing activities is an ongoing process that involves constant diligence and the ability to keep pace with the ever more sophisticated schemes employed by criminals; We have established employee training programs to educate and assist employees in the ways of preventing anti-money laundering and anti-terrorist financing transactions; Zimply.dk (‘Bizz International ApS’) does not allow direct use of correspondent accounts by third parties (payable through account) to transact business on their own behalf; and Zimply.dk (‘Bizz International ApS’) does not allow anonymous accounts.
Zimply.dk (‘Bizz International ApS’) continuously updates its policies and procedures, systems and technology, and we are training our staff to assure that we are well equipped to combat money laundering and other financial crimes and assist governments in the war on terrorism. All this is done in accordance with national legislation and international recognized standards and regulations. We are fully committed to remaining constantly alert to prevent the use of our products and services by those who would abuse them.
Acceptable use policies:
All clients of Zimply.dk (‘Bizz International ApS’) agree to abide by the following policies. Zimply.dk (‘Bizz International ApS’) reserves the right to change and update these policies as it sees necessary. Introduction: The primary purpose of Zimply.dk (‘Bizz International ApS’) is to facilitate and manage access to clients’ products and services for consumers. It is Zimply.dk (‘Bizz International ApS’)’s intention to accept payment from consumers for access to clients’ products or services with minimal or no interference from Zimply.dk (‘Bizz International ApS’). However, many banks have specific guidelines for use of their accounts. In addition, many Service Providers also have specific guidelines pertaining to general use of the Internet. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Zimply.dk (‘Bizz International ApS’), to be blocked from use of another organization’s systems due to violations of that system’s AUP. Because Zimply.dk (‘Bizz International ApS’) runs multi-user systems, client actions can have a severe impact on other clients’ ability to use the system(s). This is unfair to all Zimply.dk (‘Bizz International ApS’) users. To this end, Zimply.dk (‘Bizz International ApS’) has developed these Acceptable Use Policies. They are intended to inform the client of what Zimply.dk (‘Bizz International ApS’) considers being acceptable conduct in relation to the Internet, and of what actions we may take, with or without notice, in the event that Zimply.dk (‘Bizz International ApS’) becomes aware of inappropriate use of its services. This AUP will be used to help Zimply.dk (‘Bizz International ApS’)’s system administrators’ deal with complaints from users of Zimply.dk (‘Bizz International ApS’) or other Internet-connected systems, and to determine when action should be taken. It is expected that the client will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Zimply.dk (‘Bizz International ApS’)’s technical resources, ability to continue to provide high quality service to the client, and protect Zimply.dk (‘Bizz International ApS’)’s reputation as a service provider.
Acceptable use policies-security
The client is responsible for all use of their account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Zimply.dk (‘Bizz International ApS’) will suspend or change access to your Zimply.dk (‘Bizz International ApS’) client account(s) immediately upon notification by you that your password has been lost, stolen or otherwise compromised. Zimply.dk (‘Bizz International ApS’) is not liable for any usage and or charges prior to Zimply.dk (‘Bizz International ApS’) making the necessary account alteration. Electronic mail on this system is as private as Zimply.dk (‘Bizz International ApS’) can make it. The client is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.
Acceptable use policies – non-transferability of account
The right to use Zimply.dk (‘Bizz International ApS’) payment services is not transferable. Use of Zimply.dk (‘Bizz International ApS’) services is expressly limited to the individual or business whose name appears on the contract, and is further limited to the products, services, and websites approved by Zimply.dk (‘Bizz International ApS’) when entering into the contract.
Acceptable use policies – non-unacceptable conducts
The following types of conduct are grounds for immediate suspension of service pending investigation by Zimply.dk (‘Bizz International ApS’) and may result in termination of any and all accounts held by the individual, corporation, or website associated with these violations. You will also be held responsible for the actions of your business relationships (Referrers, Associates, etc.) that impact Zimply.dk (‘Bizz International ApS’). Your cooperation is necessary to insure that those involved in these relationships comply with Zimply.dk (‘Bizz International ApS’)’s AUP and those of Zimply.dk (‘Bizz International ApS’)’s providers. If they violate any of the following policies, Zimply.dk (‘Bizz International ApS’) expects you to make certain that they immediately cease the noncompliant action or that you discontinue your association with them. Continuing violations by your business relationships may result in Zimply.dk (‘Bizz International ApS’) at its discretion having to terminate payment to your business relationships or Zimply.dk (‘Bizz International ApS’)’s agreement with you. 3.1 Spamming or Harassment 3.1.1 Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate). 3.1.2 Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients. 3.1.3 Engaging in either (1) or (2) from a provider other than Zimply.dk (‘Bizz International ApS’) to draw attention to a website housed within Zimply.dk (‘Bizz International ApS’)’s networks or covered by Zimply.dk (‘Bizz International ApS’)’s agreement with the client. 3.1.4 Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Zimply.dk (‘Bizz International ApS’). 3.1.5 Mail bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts. 3.1.6 Impersonating another user or otherwise falsifying one’s user name in Email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.) 3.2 Network Unfriendly or Illegal Activity 3.2.1 Attempts, whether successful or not, to gain access to any other system or users’ private data without express consent of the user. 3.2.2 Attempts to interfere with the regular workings of Zimply.dk (‘Bizz International ApS’)’s systems or network connections or which adversely affect the ability of other people or systems to use Zimply.dk (‘Bizz International ApS’)’s services or the Internet. 3.2.3 Any unauthorized attempts by a user to gain access to any account not belonging to that user on this or any other of Zimply.dk (‘Bizz International ApS’)’s systems. 3.2.4 Any activity, which violates any local, state, U.S., or international law or regulation. 3.3 Violation of Zimply.dk (‘Bizz International ApS’) Policy 3.3.1 Any attempt to bypass or remove Zimply.dk (‘Bizz International ApS’)’s name, logo, or customer support link from Internet signup pages hosted by Zimply.dk (‘Bizz International ApS’). 3.3.2 Sale using payment services provided by Zimply.dk (‘Bizz International ApS’) of any products or services, or sale from any physical shop or Internet website, that has not been approved by Zimply.dk (‘Bizz International ApS’). 3.3.3 Failure to provide products or services sold to customer in either a trial transaction, regular transaction, or recurring transaction. 3.3.4 Sale of any products or reproduction or transmission of any material in violation of any local, state, national, or international law or regulation. Zimply.dk (‘Bizz International ApS’) makes every attempt in such cases to work with law enforcement agencies to provide information about the providers and purchasers of such products or material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, national, or international law. 3.3.5 Zimply.dk (‘Bizz International ApS’) will not process for physical shops or Internet websites advertising or selling the following: 1) buyers’ clubs or membership clubs; 2) credit counseling or credit repair services; 3) direct marketing or non-internet type subscription merchants; 4) infomercial merchants; 5) multi-level marketing businesses; 6) outbound telemarketers; 7) prepaid phone cards or prepaid phone services; 8) rebate-based businesses; 9) “Up-Sale” merchants; 10) free grants or grant giveaways; 11) cash, money-making opportunities, or making money at home opportunities; 12) “cash for opinions”; 13) grant/cash money making schemes; or 14) Pharmaceutical Informational Sites or any site that offer information and/or services in relation to the purchasing of Pharmaceutical drugs. 3.3.6 Using a sub-account and its signup form for a website or physical shop that has been approved to process for another URL or physical shop that is not registered to that sub-account and approved by Zimply.dk (‘Bizz International ApS’). 3.3.7 The posting or display of any image or wording related to any website running, participating, or advertising acts allowing any US subscribers to bet or gamble on an uncertain outcome, or to play a game of chance for stakes. 3.3.8 Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. 3.3.9 Display of the trade or service marks of any banks working with Zimply.dk (‘Bizz International ApS’) on any webpage or on any physical display material is specifically prohibited without the express written permission of Zimply.dk (‘Bizz International ApS’) and the bank. 3.4 Violation of Zimply.dk (‘Bizz International ApS’) Policy for Internet Merchants 3.4.1 Zimply.dk (‘Bizz International ApS’) will only process for escort sites if the site is acting in a directory (i.e.: phone book) capacity. Zimply.dk (‘Bizz International ApS’) will not process for websites selling escort services. 3.4.2 The posting, display, or advertising of any image using a model or models under the age of 18 years anywhere on the website whether the models are clothed or unclothed. 3.4.3 Marketing the website anywhere on the website, including the URL and meta tags, utilizing content including “Kids”, “Lolita”, “Pedo”, “Peta”, “Peto”, Pre-teen”, ”Pedophile”, “Underage”, “Child” or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age. 3.4.4 The posting or display of any image or wording depicting or related to extreme violence, incest, snuff, scat or the elimination of any bodily waste on another person, mutilation, or rape anywhere on the website, including the URL and meta tags. 3.4.5 The posting or display of any image or wording depicting or related to bestiality anywhere on the website, including the URL and Meta tags. 3.4.6 Adult websites must comply with the 18 U.S.C. 2257. Clients must determine their legal responsibility to and method of complying with 18 U.S.C. 2257 where required to do so. 3.4.7 Any attempt to mislead the consumer as to the website’s content or actual initial or recurring pricing of the products and services provided. 3.4.8 Failure to place a clear disclosure of trial periods and any recurring charges conspicuously on the website. 3.4.9 If Client chooses to utilize a recurring billing option for sites containing members’ areas, the members’ area must be updated in a time frame that is equal to or less than the rebilling cycle. For example, if Client bills every thirty days, they must update their members’ area at least every thirty days. 3.5 Zimply.dk (‘Bizz International ApS’)’s Right to Cancel 3.5.1 In the event client’s account is suspended for unacceptable conduct or suspicion of fraud, the account may be terminated and all monies held for a period of six months to one year. In addition, Zimply.dk (‘Bizz International ApS’) reserves the right, where feasible, to implement technical mechanisms, which prevent the occurrences listed above. Furthermore, Zimply.dk (‘Bizz International ApS’) is under no obligation to notify client of its actions. 3.5.2 Zimply.dk (‘Bizz International ApS’) may deactivate Zimply.dk (‘Bizz International ApS’) accounts or sub accounts that have not processed any transactions within a 90-day period or if the Zimply.dk (‘Bizz International ApS’) join page is not viewable from the home URL of the venue. Accounts are deactivated in order to minimize the unnecessary operational cost associated with maintaining them in the system.
Acceptable use policies – monitoring/privacy
Zimply.dk (‘Bizz International ApS’) reserves the right without your permission to monitor any and all communications through or with its facilities as well as all Clients’ sites for compliance with this AUP and Zimply.dk (‘Bizz International ApS’) Terms and Conditions. Zimply.dk (‘Bizz International ApS’) may also be required to provide access to Client’s websites to representatives of banks for monitoring for compliance with their operating rules. Client agrees that Zimply.dk (‘Bizz International ApS’) is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Zimply.dk (‘Bizz International ApS’) employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
Acceptable use policies-cooperation with authorities.
Zimply.dk (‘Bizz International ApS’) reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.
Acceptable use policies-confidentiality of personal subscriber information.
Zimply.dk (‘Bizz International ApS’) will not release any client or customer personal subscriber information, nor client or customer billing information, to any third party except upon presentation of a valid court order, or request to which Zimply.dk (‘Bizz International ApS’) is legally required to respond to. Client agrees that Zimply.dk (‘Bizz International ApS’) judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.
Acceptable use policies – Zimply.dk (‘Bizz International ApS’) right to modify these acceptable use policies
Zimply.dk (‘Bizz International ApS’) may modify these Acceptable Use Policies on its website in any way, at any time. It is your responsibility to review the AUP on the website on a regular basis to ensure compliance with the latest version of this AUP. Your use of Zimply.dk (‘Bizz International ApS’) services after such changes have been posted shall constitute your acceptance of the modifications to these policies. We hope the AUP is helpful in clarifying the obligations of Internet users, including Zimply.dk (‘Bizz International ApS’) and its clients, as responsible members of the Internet. Any complaints about a client’s violation of the AUP should be sent to Zimply.dk (‘Bizz International ApS’) – Payment Processing Solutions.