TERMS AND CONDITIONS
THE FINE PRINT
The business conditions are valid for the Danish market. We take no liability if these conditions are not in accordance with other countries’ legislation.
The agreement is reached on the following general conditions, which also apply to future deliveries to gym/chain.
This agreement is considered signed when the order form is submitted. The information provided must be yours and must be correct. The effective license start date of any new gyms is the first weekday following the receipt of the Gymtech hardware. The customer has ownership of the player after purchase.
SCOPE AND SERVICES
The agreement covers the following points:
SOFTWARE & MUSIC
• Access to Gymtech’s ”Gymtech Music-TV” software
• Gymtech has the rights to commercial copying of music videos
• Koda / Gramex’ fees for background music (or your country’s equivalent) is not included and each gym must ensure these rights themselves
• Gymtech is not responsible for compliance with Koda / Gramex (or your country’s equivalent) rights
• Gymtech is exempt from Copydan in Denmark. Gymtech is not responsible for compliance with other countries’ equivalent copyright protectors
• Continuous free updates of the “Gymtech Music-TV” software
• Updates always take place outside the center’s opening hours or in a fixed service window at night
• Updates for the music library to ensure continuously new and varied content
• The player requires a constant internet connection to ensure the updates are provided correctly
• E-mail and telephone support for the ”Gymtech Music-TV” software
• Gymtech is not responsible for damage or loss that directly or indirectly arises from use of the system
In the case of a bug with our software, Gymtech can solve the issue remotely or by replacement of hardware. Gymtech retains full copyright for all of the above and future programs and music videos as well as updates and modifications of these.
2 years warranty for the player/hardware is provided.
Prices are VAT excluded.
The license fees are invoiced quarterly in advance with payment deadline within 10 days. Late payment will result in billing of fees + interest of 2% per month of the amount owed. The agreement is price index adjusted in accordance to “dst.dk forbrugerindex”, however minimum 3%, every 1st of January, first time 1st of January 2018.
Problems due to foreign systems, errors arisen by the user’s modifications or alterations of the system are not covered by this agreement and will be charged with normal prices.
Delivery costs: Shipping comes at an additional price.
Delivery: Player is shipped within 14 working days after the order form is submitted.
Payment deadline is 10 days and will be invoiced on the day the player is sent.
TERMINATION AND TRANSFER
This agreement may be terminated in writing by either party with the current month to the end of the current quarter. The user can not without Gymtech’s written consent assign this agreement to a third party, except by an ordinary sale of the business. Upon termination, any use of the Gymtech software is not allowed and all hardware is to be returned safely, provided the hardware is not purchased in cash.
Defect products under warranty are to be returned at the customer’s expense. The warranty does not cover product defects caused by improper treatment or a third party.