Business terms for the use of global portal

1. Definitions

1.1. BDO is BDO State Authorised Public Limited Auditing Company

1.2. The customer is the company or public authority which BDO supplies services to within the fields of accounting, auditing and consultancy etc. plus its employees.

1.3. Global Portal is the portal where the customer and BDO can, securely and efficiently, exchange and share documents and information to use in the day-to-day working partnership between BDO and the customer.

1.4. Administrator is the user which the customer has designated as responsible for the administration of user access and user rights.

1.5. The user administration module in Global Portal is the feature where the customer’s administrator creates, changes and deletes its own users and corresponding user rights in Global Portal.

1.6. The Act on Processing of Personal Data is the law that regulates the processing of personal data which is done wholly or partially with the aid of electronic data processing.

1.7. Working hours are Monday-Thursday from 8.00 to 16.00 and Friday from 8.00 to 15.30 on normal business days. Saturdays, Sundays and public holidays, Danish Constitution Day, the Friday after Ascension Day, Christmas Eve and New Year's Eve are not normal business days.


2. Features of global portal

2.1. The exchange and sharing of documents for use in the day-to-day working partnership between BDO and the customer.

2.2. Transfer of templates from BDO to the customer, which the customer can use in the administration of its company.

2.3. News and information for the customer from BDO and knowledge-sharing.


3. Access, use and data security

3.1. Access to Global Portal

3.1.1. The customer accesses Global Portal by logging in with the user they created themselves. The customer’s access is strictly personal, and the customer may not give anyone else access.

3.1.2. Upon entering into the agreement, BDO creates an administrator for the customer of the customer’s own choosing. The administrator manages other users who need access to Global Portal and must ensure that such users are made familiar with and accept these business terms prior to access. Employees of the customer should be set up as individual users with their own sign-on and password.

3.1.3. BDO is not responsible for the creation, changing or deletion of users on Global Portal which the customer manages itself in the user administration module. Should any changes occur in the customer’s organisation which mean that users need deleting or user rights changed, then it is solely the customer’s responsibility to perform the required user administration necessary in accordance with BDO’s guidelines.

3.1.4. BDO is entitled to block access to Global Portal, if:
There are reasonable grounds to suspect misuse of the customer’s Global Portal
There are reasonable grounds to suspect that access security has been compromised by virus, hacker attack or similar security breach
The customer no longer has work commitments in BDO that entitle them to access to Global Portal.

3.1.5. BDO informs the customer in writing before blocking access. Should this not be possible, notification is made immediately after blocking with details of the time and date this occurred and the reason for doing so, unless informing of the reason could breach the security of Global Portal. BDO shall rescind the blocking when the reasons for doing so are no longer present.

3.1.6. Reopening of Global Portal can be done by contacting BDO.

3.1.7. Should the customer have reasonable grounds to suspect that access security for logging onto Global Portal has been compromised, or that the user ID used and passwords have come to the knowledge of others, then the customer must immediately notify BDO of this, just as the customer must implement the necessary measures.

3.2. Use of Global Portal

3.2.1. Global Portal is a portal for the sharing of documents between the customer and BDO, which is relevant to the day-to-day operations of financial management, auditing and accounting etc. as well as for filing these shared documents.

3.2.2. Both the customer and BDO are obligated to have their own internal filing system, where all those documents that have been transferred to Global Portal can be found in their original form. Should it be necessary to make changes to a document in Global Portal, then the document must first be edited locally, after which the original document on Global Portal is deleted and the new document transferred.

3.2.3. Storing of all other information than that which belongs naturally under the purposes stated in item 3.2.1 is not permitted, including pornographic or controversial material. In case of repeat violations, the customer is excluded from Global Portal.

3.2.4. The customer has the option to transfer standardized calculation models, document templates or similar from Global Portal, just as the customer can receive news and other specialist information via Global Portal. These transfers are made at the customer’s own initiative and responsibility. BDO does not guarantee that the customer can read or use these documents, and it is likewise the customer’s own responsibility to ensure they are in possession of the necessary software to be able to open, read and/or edit these.

3.2.5. The customer can send messages to BDO via Global Portal in the form of an e-mail to contact persons at BDO. BDO is not responsible for ensuring that such messages come in BDO’s knowledge, in that there can be delays or hindrances to BDO’s receiving of messages via Global Portal, regardless of whether the message is confirmed as sent on Global Portal. This also applies when BDO sends messages to the customer.

3.3. Data security on Global Portal

3.3.1. BDO takes the necessary technical and organizational security measures against the accidental or unlawful destruction, loss or deterioration of data on Global Portal, and also to ensure that it is not disclosed or transmitted to any unauthorized persons, misused or otherwise processed contrary to the Act on Processing of Personal Data.

3.3.2. On the basis of risk assessments performed, BDO has implemented a number of security measures to comply with item 3.3.1, including firewalls, segmented network, antivirus programs, access controls and other measures to prevent unauthorized third-party access to data and operating procedures, backup systems and emergency preparedness plans.

3.3.3. BDO is not responsible for data falling into the hands of third parties as a result of errors in data transmission or third-party intrusion of internal or external data transmission links.
3.3.4. The customer is obligated, at its own expense, to keep its equipment and necessary programs for connection via the internet intact. The customer is also obligated to have an appropriate antivirus program constantly installed and activated, as well as to ensure that the operating system, other programs and other relevant equipment are regularly updated. If necessary, these conditions shall be followed according to BDO’s instructions.

3.3.5. Prior to the customer accessing Global Portal, the customer must check that its systems, programs and data are free of viruses. Should this not be the case, Global Portal must not be used.

3.3.6. The customer is obligated to notify BDO immediately of any irregularity it may become aware of concerning data and user security.


4. Processing, forwarding and storing of data

4.1. Processing and forwarding of data

4.1.1. Processing of data transferred to Global Portal is done in accordance with the Act on Processing of Personal Data. By entering into an agreement on access to Global Portal, the customer has given its express consent for BDO to use the transferred data in connection with BDO’s delivery of the services which have been agreed by the customer. To the extent that BDO processes personal data for the customer as data processor, see item 2.1 and 3.2.1, BDO shall act solely upon instruction from the customer.

4.1.2. Forwarding of data transferred to Global Portal can only take place when it is in accordance with the Act on Processing of Personal Data, when legislation requires it or when such forwarded data shall be used in legal proceedings between the customer and BDO.

4.1.3. BDO gives the customer right of access in accordance with Chapter III of the Danish Act on Processing of Personal Data, and the customer can object to registration in accordance with the provisions in the same Act.

4.2. Storing of data

4.2.1. Transferred data to Global Portal is stored for 5 years, see however item 5.1.

4.2.2. For the purposes of identification and for reasons of security, the use of Global Portal may involve the registration and storage of user identification/user numbers and data on the systems used, e.g. type and version of the operating system used and data on installation, serial number of the network card and hard disc etc.

4.2.3. Global Portal uses cookies, i.e. information which Global Portal installs on the customer’s computer and which identifies the customer’s computer for Global Portal. Cookies are used for the purpose of transferring or of easing the transfer of communication via Global Portal, or to supply features/services which the customer expressly requests. Should the customer have set up its computer not to accept cookies, then there may be features/services in Global Portal that do not function or that cannot function optimally.


5. Property rights

5.1. The customer and BDO each own their own data on Global Portal. Taking into account the purpose of Global Portal as a portal for the exchange of documents and for the obligation indicated under item 3.2.2 of having one’s own internal files where all the documents transferred to Global Portal can be found in their original format, all data is deleted and the customer’s Global Portal shut down when the customer’s agreement with BDO on access to Global Portal ceases.

5.2. BDO has property rights and copyright or license to all systems, software, program codes and similar that are used in and around Global Portal, apart from the customer’s own or licensed software for internet access. The customer has restricted user rights to Global Portal, for as long as an agreement on this applies. It is not permitted to make changes in the programs or to copy these.

5.3. BDO reserves the right without warning to make changes to both the features on Global Portal and the databases which form the foundation for the agreed service.


6. Responsibility

6.1. The customer’s responsibility

6.1.1. The customer is responsible for administration of its users, their rights and access to Global Portal. In the event that a user shall no longer have access to Global Portal, including after restructuring, dismissal, resignation or similar, it is the customer’s administrator that is responsible for blocking the user’s access to Global Portal.

6.1.2. Should the customer’s administrator no longer have access to Global Portal, then it is the customer’s responsibility to contact BDO immediately so that the administrator can be changed.

6.1.3. The customer is not responsible for any unauthorized use of Global Portal which may take place after the close of the following business day after BDO has received the customer’s written notification that the customer’s access to Global Portal is to be blocked.

6.2. BDO’s responsibility

6.2.1. BDO is not responsible for any loss due to breakdown or unavailability of Global Portal or damage to data in Global Portal caused by the circumstances listed below, regardless of whether it is BDO itself or an external supplier that is responsible for the operation of Global Portal:

Failure in BDO’s power supply or telecommunications, legislative or administrative intervention, natural disasters, war, insurgency, civil unrest, sabotage, terrorism or vandalism, including computer virus and hacking.
Strike, lockout, boycott or blockade, regardless of whether the conflict is directed towards or initiated by BDO itself or its organization, and regardless of the reason for the conflict. This also applies when the conflict only affects a part of BDO.
Other circumstances that are outside of BDO’s control.

6.2.2. BDO is not responsible for any loss as a consequence of operating disruptions that prevent the use of Global Portal, including the ability to establish access to Global Portal or connection to Global Portal’s IT systems, or that the connection is interrupted, regardless of whether this is BDO’s fault or external circumstances.

6.2.3. BDO’s exemption from liability does not apply if:
BDO should have foreseen the conditions that were the cause of the loss when the agreement was entered into or should have avoided or overcome the cause of the loss.
In all cases, legislation holds BDO responsible for the conditions that are the cause of the loss.

6.2.4. Nor is BDO liable in any event for indirect loss for the customer, including business interruption, loss of interest income, loss of time, loss of goodwill or for material damage of the customer, including loss of data or programs, even if the damage is the result of a defect in Global Portal or BDO’s IT systems. This applies regardless of whether BDO has been informed of the possibility of such a loss, and regardless of whether BDO has acted negligently.

6.3. Product liability

6.3.1. BDO is not responsible for any loss that arises as a result of the customer’s installation, connection and use of Global Portal, unless such responsibility results from mandatory rules in the Product Liability Act.

6.3.2. Under no circumstances can BDO be held liable for the use of those described under item 3.2.4 models, templates and documents or news and specialist information etc. including that BDO does not guarantee in any event for:
These fulfilling the customer’s needs, expectations and requirements.
That these exhaustively describe the selected topics.
That these, whatever their nature, are free from error, correct, exact, reliable, updated, secure or can be used for the given purpose, and BDO is therefore not liable for either direct or indirect loss which the customer or third party suffers as a result of an error in models, templates or documents or as a result of the use of these.

6.3.3. BDO is not responsible for any links created on Global Portal to third party websites, and BDO shall not be held responsible for any damage as a result of using these links or carrying out data transfer from these websites.

6.3.4. The limit for direct and indirect loss in item 6.3.2 and item 6.3.3 applies regardless of whether BDO has been informed of the possibility of such a loss, and regardless of whether BDO has acted negligently.
 

7. Support

7.1. BDO offers the customer support within the defined working hours in accessing and use of Global Portal.

7.2. The customer requests support either by sending an e-mail or making a telephone call to the support function at BDO according to the relevant guidelines stated in Global Portal.
 

8. Price

8.1. BDO does not charge a fee for standard access to and use of Global Portal.

8.2. Certain features, additional services, standardized calculation models, document templates or similar can however incur a fee. Fees excluding VAT for such services will be stated on Global Portal or another agreement between the customer and BDO.


9. Changes to the agreement

9.1. Changes to this agreement that are unfavorable for the customer can be made with two months’ notice. Other changes to this agreement can be made without notice. The customer will receive a message via Global Portal or other written or electronic notification.

9.2. It is the customer’s own responsibility to notify BDO of any changes to the customer’s address or e-mail address, and the customer also bears the responsibility for ensuring that the customer is notified of changes if the customer has not registered a change of address or e-mail address.

9.3. After any change to this agreement the customer will be asked to confirm receipt of the new terms via Global Portal.

9.4. Should the customer report that it does not wish to be tied to the amended terms, then the agreement will be considered as terminated on the date when the amended terms entered into force.


10. Termination of the agreement

10.1. By entering into this agreement, the customer declares that they agree to these business terms for the use of Global Portal.

10.2. Should Global Portal not function as expected, or if transferred models, templates and documents etc. are damaged or do not work, then the customer should make a claim to BDO within a reasonable time. The limitation period is 1 year, and the claim is limited to original defects.

10.3. BDO’s services on Global Portal are subject in all respects to Danish law, and any disputes which may arise between the customer and BDO can be brought before a Danish court of law only. The venue is the Danish judicial district where BDO has its head office, which is presently Aarhus.
 

11. Disputes

11.1. By entering into this agreement, the customer declares that they agree to these business terms for the use of Global Portal.

11.2. Should Global Portal not function as expected, or if transferred models, templates and documents etc. are damaged or do not work, then the customer should make a claim to BDO within a reasonable time. The limitation period is 1 year, and the claim is limited to original defects.

11.3. BDO’s services on Global Portal are subject in all respects to Danish law, and any disputes which may arise between the customer and BDO can be brought before a Danish court of law only. The venue is the Danish judicial district where BDO has its head office, which is presently Aarhus.